10 09 23 City Council MinutesNew Hope City Council October 9, 2023
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City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes October 9, 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
Reece Bertholf, City Manager
Sarah Larson, WMFRD Chief
Valerie Leone, City Clerk
Jeff Sargent, Director of Community Development
Stacy Woods, City Attorney
APPROVAL OF
MINUTES
Motion was made by Council Member Hoffe, seconded by Council Member Elder,
to approve the work session meeting minutes of September 18, 2023. Voted in
favor thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following voted
against the same: None; Abstained: None; Absent: None. Motion carried.
Motion was made by Council Member Elder, seconded by Council Member Hoffe,
to approve the regular meeting minutes of September 25, 2023. Voted in favor
thereof: Hemken, Elder, Hoffe, Isenberg; and the following voted against the same:
None; Abstained: London; Absent: None. Motion carried.
OPEN FORUM
Mr. Ayman Issa, 4210 Winnetka Avenue North, expressed interest in obtaining a
tobacco license. He stated he obtained a list of the 21 tobacco licenses and believes
one of the licenses is not valid. He explained the city issued a tobacco license for
the strip mall space of 4361 Winnetka Avenue North to the owner of Quebec
Smoke Shop, but the space is leased by a Mexican supermarket. He alleged the
tobacco license was improperly issued as the applicant had not secured a valid
lease and provided a false business address. He pointed out some cities require
evidence of a valid lease before issuing a license. He indicated he has spoken with
both the city clerk and the city attorney regarding the situation and was informed
that the license was issued per city ordinance. He requested Council’s
authorization to apply for the city’s last tobacco license.
New Hope City Council October 9, 2023
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Mayor Hemken informed Mr. Issa that he can check with the city in December
following the license renewal period to inquire if any licenses are available. She
stated Council will discuss the tobacco ordinance at a future work session.
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. Reece Bertholf, city manager, reviewed the consent
items.
BUSINESS LICENSES
Item 6.1
Approval of business licenses.
Council Member London pointed out the gas station at 7900 Bass Lake Road has
been inoperable for an extended period, and he is grateful it will soon be re‐
opening. He asked that Council review the city code at a future work session
agenda to determine if an ordinance change can be made to promote the
completion of remodeling projects and discourage vacant or unoccupied
properties.
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through October 9, 2023.
RESOLUTION 2023‐104
Item 6.4
Resolution approving contract between the city of New Hope and Daniels Health
for the disposal of biohazard waste items.
MOTION
Item 6.5
Motion waiving permit fees for temporary signs for Armstrong Cooper Youth
Hockey Association registration.
RESOLUTION 2023‐105
Item 6.6
Resolution Approving Access to Minnesota Court Data Services for the City of
New Hope on behalf of the Prosecuting Attorneys.
RESOLUTION 2023‐106
RESOLUTION 2023‐107
Item 6.7
Resolution declaring cost to be assessed and ordering preparation of proposed
assessments in connection with infrastructure improvement no. 1054; and
Resolution calling for a public hearing on assessments for infrastructure
improvement no. 1054 (2021 Infrastructure Improvement Project).
RESOLUTION 2023‐108
Item 6.8
Resolution approving LG214 Premises Permit Application for West Metro Fire‐
Rescue Relief Association to conduct lawful gambling at Hy‐Vee Market Grille,
8200 42nd Avenue North.
MOTION
Consent Items
Motion was made by Council Member Elder, seconded by Council Member Hoffe,
to approve the Consent items. All present voted in favor. Motion carried.
PUBLIC HEARING
DELINQUENT CITY
CHARGES
Item 7.1
Mayor Hemken introduced for discussion Item 7.1, Resolution adopting and
confirming assessments for delinquent utility service charges, administrative
citations, alarm, mowing and abatement charges.
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Mr. Reece Bertholf, city manager, explained this is the annual public hearing to
adopt the assessment rolls for delinquent city service charges incurred between
June 1, 2022, and May 31, 2023. He stated all impacted property owners were
notified of the hearing date, the process for challenges, and payment options.
Presently the total of delinquent utility charges is $268,028.70, the total of
delinquent city services is $6,800.16, and the total for delinquent administrative
citations is $74,600. To date staff has not received any written objections, but staff
was contacted by a company that has incurred significant fees for failure to address
corrections required by a point of sale inspection.
Mr. Bertholf informed Council that after accepting public input, a motion should
be made to close the public hearing, followed by another motion to adopt the
resolution and assessment rolls. He noted the final assessment roll may differ as
payments will be accepted through November 20.
Mayor Hemken opened the floor for comments. There was no one desirous of
addressing Council for the public hearing.
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.
RESOLUTION 2023‐109
Item 7.1
Council Member London introduced the following resolution and moved its
adoption: “RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS
FOR DELINQUENT UTILITY SERVICE CHARGES, ADMINISTRATIVE
CITATIONS, ALARM, MOWING AND ABATEMENT CHARGES.” 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.
TOBACCO &
TETRAHYDROCAN‐
NABINOL
PRODUCTS
Item 10.1
Mayor Hemken introduced for discussion Item 10.1, Ordinance No. 2023‐05, An
Ordinance Amending Section 8‐7 (Tobacco and Related Products) and Section 8‐
41 (Tetrahydrocannabinol Products) in the New Hope City Code.
Mr. Reece Bertholf, city manager, stated the amendment impacts the hearing
portion of sections 8‐7(j)(1) and 8‐41 by deleting some language so that city code
aligns with current practices relative to citations for tobacco and THC licenses. It
was noted that the language was inadvertently added when the city adopted a
model ordinance in 2020.
ORDINANCE 23‐05
Item 8.1
Council Member Elder introduced the following ordinance and moved its
adoption: “ORDINANCE NO. 2023‐05, AN ORDINANCE AMENDING
SECTION 8‐7 (TOBACCO AND RELATED PRODUCTS) AND SECTION 8‐41
(TETRAHYDROCANNABINOL PRODUCTS) IN THE NEW HOPE CITY
CODE.” The motion for the adoption of the foregoing ordinance was seconded by
Council Member Hoffe, 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
New Hope City Council October 9, 2023
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ordinance was declared duly passed and adopted, signed by the mayor which was
attested to by the city clerk.
EXCHANGE OF
COMMUNICATION
Item 12.1
Mayor Hemken introduced for discussion Item 12.1, Exchange of communication
between members of the City Council.
Mayor Hemken reported on upcoming events.
Council congratulated Council Member Isenberg and spouse Allison Isenberg as
recipients of the “2023 Volunteer of the Year Award” by the Minnesota Crime
Prevention Association for hosting the Toyfest event since 2007 and their
involvement in many other community events.
Mayor Hemken commented on the recent house burning training at 4965
Winnetka Avenue North and congratulated both the community development
department for coordination efforts and the fire department for a successful
training exercise.
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 7:22 p.m.
Respectfully submitted,
Valerie Leone, City Clerk