010824 City Council Meeting Packet
NEW HOPE CITY COUNCIL
MEETING AGENDA
January 8, 2024
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
Monday, January 8, 2024
7:00 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – January 8, 2024
2. ROLL CALL
3. APPROVAL OF MINUTES:
Regular Meeting Minutes – December 11, 2023
Board of Appeals and Adjustments Minutes ‐ December 11, 2023 (will be approved as part
of Item 10.2)
4. OPEN FORUM
5. PRESENTATIONS
5.1 Motion approving designs and printing of banners for streetlights on 42nd and Xylon
avenues
5.2 Resolution accepting the resignation of Rick Riley from the Citizen Advisory
Commission and extending appreciation for his service
5.3 Resolution accepting the resignation of Tony Brown from the Personnel Board and
extending appreciation for his service
6. CONSENT BUSINESS
6.1 Approval of business license(s)
6.2 Approval of financial claims through January 8, 2024
6.4 Resolution appointing city attorney
6.5 Resolution appointing Dan Boyum of Stantec Consulting Services Inc. as city engineer
for sewer, water, street, and storm sewer projects and general work
6.6 Resolution appointing Crystal/Robbinsdale/New Hope/Golden Valley Sun Post as
official newspaper for city of New Hope
6.7 Resolution designating Wells Fargo as depository for payroll account and general or
special funds of the city of New Hope
6.8 Resolution designating depositories for funds of the city of New Hope relative to
investments
6.9 Resolution delegating authority to the city manager to pay claims prior to city council
approval and make electronic transfers for the payment of claims for 2024
6.10 Resolution appointing City Municipal Advisors
6.11 Resolution appointing city manager as director to the HRG Board for a term expiring
December 31, 2024
6.12 Appointment of assistant weed inspector for 2024
Revised Agenda
(minutes section)
6.13 Approval of April 11, 2024, as date for the Local Board of Appeal and Equalization
Meeting
6.14 Resolution approving contract with Andrews Technology to provide timekeeping and
scheduling software services as part of the new enterprise resource planning (ERP)
platform
6.15 Resolution approving change order no. 6 for a deduction of $6,000 with Rochon
Corporation for Phase 1 improvements at the Public Works Facility (Improvement
Project No. 1039)
6.16 Resolution approving final payment to Rochon Corporation in the amount of $134,331.94
for the Public Works Facility Phase I Expansion (Improvement Project No. 1039)
7. PUBLIC HEARING
8. DEVELOPMENT AND PLANNING
8.1 Resolution awarding contract to Rochon Corporation for construction of Phase 2
Improvements at the Public Works Facility (Improvement Project No. 1106)
9. PETITIONS AND REQUESTS
10. ORDINANCES AND RESOLUTIONS
10.1 Resolution appointing a council member as mayor pro tem for 2024
10.2 Resolution by the city of New Hope Board of Appeals and Adjustments establishing
findings of fact and order denying Independent School District 281’s appeal alleging
error in city staff’s interpretation of zoning code (5420/5440 State Highway No. 169)
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: Reece Bertholf, City Manager
Date: January 5, 2024
Subject: Agenda Items for Monday, January 8, 2024
Many of the items on this agenda are routine first‐of‐the‐year appointments.
Item 5.1
At the May 15, 2023, work session, Council directed staff to work with Hennepin Technical College graphic
design students on banner designs for 42nd Avenue and Xylon Avenue streetlight banners. Staff presented
the designs at the November 20 work session, and Council selected the design created by Chelsea Affeldt
who will be in attendance at the meeting along with instructor Paul Howlett. Staff obtained quotes for
printing of the banners and recommends awarding the bid of $8,700 to MainStreet Designs, Inc. for 58 sets of
banners. Staff is asking Council to recognize the efforts of the student and instructor and authorize the $8,700
expenditure. Funds are available in the EDA budget for the purchase. Director Sargent and I recommend
approval.
Item 5.2
Staff desires to recognize Rick Riley for his 14 years of service on the Citizen Advisory Commission. In
November, Mr. Riley did not seek reappointment to the CAC. Director Rader will review Mr. Riley’s
contributions to the city. Council is asked to adopt a resolution thanking Mr. Riley for his service.
Item 5.3
Staff desires to recognize Tony Brown for his many years of service on the Personnel Board. Tony resigned
from the board the end of 2023. He served on the board for two periods of time totaling over 18 years.
Director Johnson will review Mr. Brown’s contributions to the city. Commissioners who serve over 15 years
are recognized with a plaque. Council is asked to adopt a resolution thanking Mr. Brown for his service.
Open Forum
I am not aware of anyone wishing to address the Council for the Open Forum.
Items 6.1, 6.2, and 6.3
Item 6.1 – there are three business license renewals on this agenda.
Item 6.2 ‐ involves routine financial claims.
Item 6.3 – there are no new liability claims to report.
Page 2
Item 6.4
The city utilizes the consulting firm of Jensen Sondrall Persellin & Woods for legal services. This item
appoints Stacy Woods as city attorney. There is no rate increase proposed for 2024. It should be noted
that the city attorney does not charge for attending council meetings and has been attending work
sessions since 2012 when requested by the city manager at no additional charge. I recommend re‐
appointment.
Item 6.5
This item approves the re‐appointment of Dan Boyum of Stantec Consulting Services as city engineer for
2024. The proposed rate schedule for 2024 reflects an average increase of 3 percent for Stantec team member
rates. Stantec does not charge the city for the city engineer’s attendance at council meetings and charges a flat
fee of $100 for attendance work sessions (instead of an hourly fee). I support the re‐appointment.
Item 6.6
This item appoints the Crystal/Robbinsdale/New Hope/Golden Valley Sun Post as the city’s official
newspaper. The publication rates are slightly increasing for the new year. I support the action.
Item 6.7
This item designates Wells Fargo as the depository for payroll and general or special funds of the city of New
Hope. I support the action.
Item 6.8
This item designates Wells Fargo Investment Services and PMA Financial Network as depositories for the
city’s investments. I support the action.
Item 6.9
The Council approves financial claims under Item 6.2 at each council meeting. This resolution delegates
authority to the city manager to pay financial claims prior to city council approval and make electronic funds
transfers. I support the action.
Item 6.10
This item appoints Dorsey & Whitney and Ehlers as municipal advisors regarding bond issuance and
municipal debt. I support the action.
Item 6.11
The HRG joint powers agreement requires the Council to annually appoint the city manager as its HRG
director. I support the action.
Item 6.12
By law, the official weed inspector is the Mayor. This item appoints the city forester as the city’s assistant
weed inspector. I recommend approval of the appointment.
Page 3
Item 6.13
The city is asked to set its 2024 date for the local board of appeal and equalization meeting. The hearing must
be held between April 1 and May 31. Staff recommends Thursday, April 11, as the initial date and April 22
(6:30 pm prior to a regularly scheduled council meeting) as the reconvened meeting date (if one is necessary).
The law requires that at least one voting member has completed the training within the past four years.
Council Members Elder, Isenberg and London meet the criteria.
Item 6.14
The city is moving to a new Enterprise Resource Planning (ERP) platform. At the October 16, 2023, work
session staff reviewed results of the evaluation process and recommendation to enter into a contract with
BS&A. It is also necessary to contract with Andrews Technology for timekeeping and scheduling software
that is compatible with the BS&A system. Staff recommends approving a contract with Andrews Technology
for a one time fee of $14,695 and annual costs of $49,965. Costs will be paid from the IT reserve fund. Director
Johnson and I recommend approval.
Item 6.15
This item approves change order no. 6 for a $6,000 deduct with Rochon Corporation for Phase 1 of the public
works expansion project. Change order no. 6 relates to six items, the most notable being the mechanics bay
flooring that did not properly adhere and a credit of $9,000 was negotiated. A small area of bituminous near
the east curb was replaced with concrete for $3,000. The total for change order no. 6 is $6,000. The total
amount of change orders for phase 1 of the project is $136,390.42. Director Weber and I recommend approval
of change order no. 6.
Item 6.16
This resolution approves the final payment of $134,331.94 to Rochon Corporation for the Phase 1 expansion
project at the public works facility. The city entered into a contract with Rochon Corporation in May of 2021
for $2,316,000, and the final construction amount including all change orders is $2,446,390.42. The project is
complete and staff recommends accepting the project and issuing the final payment of $134,331.94 to Rochon
Corporation to close Phase 1 of the project. Director Weber, City Engineer Boyum, and I recommend
approval.
Item 8.1
Bids were opened on December 14 for the Phase 2 Expansion project for the public works facility. The low
bid was submitted by Rochon Corporation for $4,112,494.07 which includes the base bid, alternate 1 for
skylights, and parking lot and site improvements. The total estimated project cost is $4,865,343 which
includes a 10% contingency, indirect costs, and construction testing. The city has been allocating funds to pay
for phase 2 improvements to avoid bonding for the improvements and presently has $5.7 million earmarked
for the project. Rochon Corporation completed the phase 1 improvements at the public works facility and
staff supports awarding the contract for phase 2 to the company. City Engineer Boyum, Director Weber and I
recommend approval.
Page 4
Item 10.1
This resolution names the mayor pro tem for the year. This position is usually rotated among council
members, and it is Council Member Elder’s turn in 2024. The mayor has discussed the position with
Council Member Elder, and he is agreeable to serve. The Council should consider nominations and
pass a motion appointing a council member to the role of mayor pro tem for 2024.
Item 10.2
Mayor Hemken will call for the council meeting to be suspended in order to hold a meeting of the
Board of Appeals and Adjustments. The Board is asked to adopt a resolution adopting findings of fact
regarding the decision to deny the school district’s appeal regarding the definition of trade school. The
council meeting can be reconvened after adjournment of the Board of Appeals and Adjustments
meeting.
Item 12.1
Mayor Hemken will review the list of upcoming events/meetings.
EDA Item 4
The resolution appoints officers to the EDA per the by‐laws. The appointments include members of the
Council and city staff. I recommend approval.
EDA Item 5
The EDA approved the sale of the scattered site lot at 5802 Boone Avenue North last August. The
deadline for closing on the sale of the lot was December 26, 2023. The builder has asked that the
deadline be extended to April 1, 2024. The only financial impact to the EDA is an estimated amount of
$260 in property taxes. Staff recommends extending the deadline as requested by Great Buy Homes
and to require them to be responsible for attorney fees related to amending the development
agreement. Director Sargent and I recommend approval.
If you have any questions regarding items in the agenda packet, I would appreciate a call before the
meeting so that I can research any issues and be prepared to respond at the meeting.
New Hope City Council December 11, 2023
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes December 11, 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. Wolf Den Cub
Scout Pack 3751 conducted a flag ceremony at the Council Meeting.
ROLL CALL Council present:
Staff present:
Also Present:
Kathi Hemken, Mayor
John Elder, Council Member
Andy Hoffe, Council Member
Michael Isenberg, Council Member
Jonathan London, Council Member
Reece Bertholf, City Manager
Jeff Alger, Community Development Specialist
Erin Enstad, Abdo
Eric Hanson, Building Official
Tim Hoyt, Director of Police
Rich Johnson, Director of HR/Admin. Services
Beth Kramer, Communications Coordinator
Susan Rader, Director of Parks & Recreation
Jeff Sargent, Director of Community Development
Bernie Weber, Director of Public Works
Stacy Woods, Assistant City Attorney
Al Brixius, City Planner
Sarah Larson, WMFRD Chief
Shelby Wolf, WMFRD Deputy Fire Marshal
APPROVAL OF
MINUTES
Motion was made by Council Member Elder, seconded by Council Member
London, to approve the work session meeting minutes of November 20, 2023,
the special meeting minutes of November 27, 2023, the regular meeting minutes
of November 27, 2023 and the executive session meeting minutes of November
27, 2023 . Voted in favor thereof: Hemken, Elder, Hoffe, Isenberg, London; and the
following voted against the same: None; Abstained: None; Absent: None. Motion
carried.
OPEN FORUM
Mr. Rick Riley, 8001 37th Avenue North, expressed concern regarding the recent
street infrastructure project in his neighborhood.
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.
New Hope City Council December 11, 2023
Page 2
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
LICENSE(S)
Item 6.1
Approval of business licenses.
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through December 11, 2023.
RESOLUTION 2023‐125
Item 6.4
Resolution approving re‐appointments to Citizen Advisory Commission, Human
Rights Commission and Planning Commission.
RESOLUTION 2023‐126
Item 6.5
Resolution approving final payment to Flagship Recreation for Liberty
playground project in the amount of $89,378.81 (Improvement Project No. 1094).
RESOLUTION 2023‐127
Item 6.6
Resolution approving final payment to Musco Lighting for the installation of LED
lights at Lighted Baseball Field (Improvement Project No. 1095) and the Meadow
Lake pickleball courts (Improvement Project No. 1096) in the amount of $40,000.
RESOLUTION 2023‐128
Item 6.7
Resolution authorizing the release of remaining balance of letter of credit for
Windsor Ridge Project (New Hope Planning Case 19‐05).
RESOLUTION 2023‐129
Item 6.8
Resolution adopting an updated Fee Schedule.
MOTION
Item 6.9
Motion approving three‐year audit proposal from Malloy, Montague, Karnowski
and Radosevich (MMKR) and the appointment of MMKR to perform the 2023 city
audit.
RESOLUTION 2023‐130
Item 6.10
Resolution ratifying leases of vehicles and purchase of equipment in accordance
with the city’s capital improvement program for 2023 and 2024.
RESOLUTION 2023‐131
Item 6.11
Resolution approving an agreement with Hennepin County Sentencing to Serve
Program for 2024‐2025 services.
MOTION
Consent Items
Motion was made by Council Member Elder, seconded by Council Member
Isenberg, to approve the Consent items. All present voted in favor. Motion
carried.
2024 LIQUOR
LICENSE RENEWALS
Item 7.1
Mayor Hemken introduced for discussion Item 7.1, Consideration of liquor license
renewals for year 2024.
Mr. Reece Bertholf, city manager, explained this is the annual public hearing to
consider renewals of the liquor licenses for 2024. There are nine on‐sale liquor
licenses, one microdistillery, four off‐sale liquor licenses and three off sale 3.2 beer
New Hope City Council December 11, 2023
Page 3
licenses. He stated licensees were made aware of the hearing but are not required
to attend.
Mr. Bertholf recommended the Council accept any comments, close the hearing,
and take action on the license renewals.
Mayor Hemken opened the public hearing. There was no one present to address
Council for the public hearing.
CLOSE HEARING
Item 7.1
Motion was made by Council Member Isenberg, seconded by Council Member
Elder, to close the public hearing. All present voted in favor. Motion carried.
MOTION
Item 7.1
Motion was made by Elder, seconded by Council Member Isenberg, to renew the
liquor licenses. All present voted in favor. Motion carried.
MEETING
SUSPENDED
Motion was made by Council Member Elder, seconded by Council Member Hoffe,
to suspend the Council Meeting to conduct a hearing by the Board of Appeals
and Adjustments. All present voted in favor. Motion carried. The Council Meeting
was suspended at 7:23 p.m.
DISTRICT 281
ZONING CODE
APPEAL
Item 7.2
Mayor Hemken introduced for discussion Item 7.2, Appeal by Independent School
District #281 alleging an error in city staff’s interpretation of the city’s zoning code
definition of “trade school”.
This item was heard by the Board of Appeals and Adjustments.
MEETING
RECONVENED
The Council Meeting was reconvened at 7:47 p.m.
9210 SCIENCE
CENTER DRIVE CUP
(PLANNING CASE
23‐03)
Item 8.1
Mayor Hemken introduced for discussion Item 8.1, Resolution approving
amendment to Conditional Use Permit for open outdoor storage area relating to
real property located at 9210 Science Center Drive, New Hope (New Hope
Planning Case 23‐03).
Mr. Jeff Alger, community development specialist, reviewed the planning case. He
stated the resolution presented to Council approves an amendment to a
conditional use permit for open outdoor storage at 9210 Science Center Drive. In
2022 the city granted a CUP to Pallet One MN. The approved CUP allows for the
parking and storage of up to 45 semi‐trailers on the east side of the property. The
trailer storage area is approximately 20,250 square feet in size. The current
application is for an 8,000 sf pallet storage area on the west side of the property.
He reviewed the conditions of approval. Mr. Alger stated the Planning
Commission considered the request for an amendment to the CUP at its December
5 meeting and recommended approval subject to the conditions outlined in the
resolution.
RESOLUTION 2023‐132
Item 8.1
Council Member Isenberg introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING AMENDMENT TO CONDITIONAL
USE PERMIT FOR OPEN OUTDOOR STORAGE AREA RELATING TO REAL
PROPERTY LOCATED AT 9210 SCIENCE CENTER DRIVE, NEW HOPE (NEW
New Hope City Council December 11, 2023
Page 4
HOPE PLANNING CASE 23‐03).” 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.
3241 WINPARK
DRIVE CUP
(PLANNING CASE
23‐04)
Item 8.2
Mayor Hemken introduced for discussion Item 8.2, Resolution approving
Conditional Use Permit for open outdoor storage area relating to real property
located at 3241 Winpark Drive, New Hope (New Hope Planning Case 23‐04).
Mr. Jeff Alger, community development specialist, reviewed the planning case. He
stated the resolution presented to Council approves a conditional use permit for
outdoor storage area at 3241 Winpark Drive.
He explained Sanders, LLC owns National Environments Corporation and
purchased the property on Winpark Drive in 2021. The company is requesting a
CUP for open outdoor storage in areas on the north and southwest sides of the lot.
The north storage area would be used primarily for company vehicles, machinery
and equipment. The southwest storage area would be used for the storage of
materials such as rock and topsoil. He reviewed the conditions of approval. Mr.
Alger stated the Planning Commission considered the request for a CUP at its
December 5 meeting and recommended approval subject to the conditions
outlined in the resolution.
RESOLUTION 2023‐133
Item 8.2
Council Member London introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR
OPEN OUTDOOR STORAGE AREA RELATING TO REAL PROPERTY
LOCATED AT 3241 WINPARK DRIVE, NEW HOPE (NEW HOPE PLANNING
CASE 23‐04).” 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.
PUBLIC WORKS
EXPANSION 5500
INTERNATIONAL
PARKWAY
(PLANNING CASE
23‐05)
Item 8.3
Mayor Hemken introduced for discussion Item 8.3, Resolution approving site plan
for expansion at the city of New Hope Public Works Central Garage at 5500
International Parkway, New Hope (New Hope Planning Case 23‐05).
Mr. Jeff Alger, community development specialist, stated Council is asked to
approve the site plan for expansion at the New Hope Public Works facility at 5500
International Parkway. The project includes a 20,000 square foot building
expansion and site improvements to allow for additional vehicle and equipment
storage, a new fuel system, security improvements, new EV charging stations and
pavement replacement. He reviewed the conditions of approval. Mr. Alger stated
the Planning Commission considered the request at its December 5 meeting and
recommended approval subject to the conditions outlined in the resolution.
New Hope City Council December 11, 2023
Page 5
Mr. Alger stated Bruce Paulsen of Stantec is available if Council has any questions
regarding the project.
RESOLUTION 2023‐134
Item 8.3
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING SITE PLAN FOR EXPANSION AT
THE CITY OF NEW HOPE PUBLIC WORKS CENTRAL GARAGE AT 5500
INTERNATIONAL PARKWAY, NEW HOPE (NEW HOPE PLANNING CASE
23‐05).” The motion for the adoption of the foregoing resolution 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
resolution was declared duly passed and adopted, signed by the mayor which was
attested to by the city clerk.
2024 HRA LEVY
Item 10.1
Mayor Hemken introduced for discussion Item 10.1, Resolution approving the
2024 Final HRA Levy.
Mr. Reece Bertholf, city manager, stated adoption of the resolution affirms the
Council’s support for the HRA levy in the amount of $459,743. It is necessary to
adopt the HRA levy separate from the city’s base levy. The EDA must also approve
the levy. The levy was presented during the November 27 budget hearing.
RESOLUTION 2023‐135
Item 10.1
Council Member Isenberg introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING THE 2024 FINAL HRA LEVY.” 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.
2024 TAX LEVY
Item 10.2
Mayor Hemken introduced for discussion Item 10.2, Resolution adopting general,
special revenue, debt service, enterprise, and internal service fund budgets for the
city of New Hope for the year 2024 and establishing a tax levy for the year payable
2024.
Mr. Reece Bertholf, city manager, stated Council is requested to approve the 2024
budget and tax levy. The budget public hearing was held November 27, 2023. The
Council is asked to approve the 2024 tax‐supported budgets of $28,348,216, non‐
tax supported budgets of $13,773,345, and city tax levy of $20,075,245 (which
includes the HRA tax levy). The tax levy is a 5.36% increase over last year.
Mr. Bertholf reported staff will certify the tax levy to Hennepin County, and the
budget will be posted on the city’s website.
RESOLUTION 2023‐136
Item 10.2
Council Member Isenberg introduced the following resolution and moved its
adoption: “RESOLUTION ADOPTING GENERAL, SPECIAL REVENUE, DEBT
SERVICE, ENTERPRISE, AND INTERNAL SERVICE FUND BUDGETS FOR
THE CITY OF NEW HOPE FOR THE YEAR 2024 AND ESTABLISHING A TAX
LEVY FOR THE YEAR PAYABLE 2024.” The motion for the adoption of the
New Hope City Council December 11, 2023
Page 6
foregoing resolution 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 resolution was declared duly passed and
adopted, signed by the mayor which was attested to by the city clerk.
2024 COLA
Item 10.3
Mayor Hemken introduced for discussion Item 10.3, Resolution authorizing the
city manager to implement 2024 Cost of Living (COLA) wage adjustments for non‐
union employees, pursuant to Council approval.
Mr. Reece Bertholf, city manager, stated the resolution approves a 3% wage
increase for non‐union employees, including the city manager effective January 1,
2024. This is the same increase included in each of the 2024 labor agreements and
the city has historically treated all employees in a similar fashion. The Council
discussed this matter at the September 18 work session and supported the increase.
The budget also includes a 3% increase for City Council, which was approved
October 10, 2022, when Council set their salaries for 2023 and 2024. He stated the
costs are reflected in the 2024 budget.
Council Member London noted he does not agree with the use of the term Cost of
Living Adjustment (COLA) for the wage adjustments.
RESOLUTION 2023‐137
Item 10.3
Council Member Isenberg introduced the following resolution and moved its
adoption: “RESOLUTION AUTHORIZING THE CITY MANAGER TO
IMPLEMENT 2024 COST OF LIVING (COLA) WAGE ADJUSTMENTS FOR
NON‐UNION EMPLOYEES, PURSUANT TO COUNCIL APPROVAL.” The
motion for the adoption of the foregoing resolution was seconded by Mayor
Hemken, 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.
INTERIM
ORDINANCE
Item 10.4
Mayor Hemken introduced for discussion Item 10.4, Ordinance No. 23‐09, An
interim ordinance temporarily prohibiting trade schools as a permitted use in the
I, Industrial District in the New Hope City Code.
Mr. Jeff Sargent, director of community development, explained in 2015, the City
Council approved a text amendment that specifically defined the term “trade
school” and allowed it as a permitted use in the industrial district. At that time,
staff was receiving frequent inquiries about the possibility of locating schools with
young children within the city’s Community Business (CB), Industrial (I), and City
Center (CC) districts. Staff had concerns regarding the introduction of schools with
young children into a commercial or industrial district. Such concerns included
high traffic volumes, truck traffic, noise and emissions associated with these
districts, the fact that commercial and industrial sites are not necessarily designed
for typical school uses, and the potential loss of taxable commercial or industrial
properties if properties were to be converted to school uses. At that time, in 2015,
staff believed that the ordinance would eliminate any potential confusion in regard
New Hope City Council December 11, 2023
Page 7
to the allowance of schools that serve school‐age children within the commercial
and industrial district.
Mr. Sargent stated by defining trade school as “a school or teaching unit that
provides training, apprentice education, or continuing education in manual,
technical, and mechanical skills to post secondary education students”, staff
believed that trade schools would only be allowed to be attended by students not
attending K‐12 schools as well.
He explained when the city makes ordinance amendments, there is always a
chance of unintended consequences of the interpretation of the language of the
ordinance. Therefore, to ensure that the integrity of the Industrial zoning district
is kept intact, and to ensure that New Hope’s zoning code effectively addresses all
permitted, administrative and conditional uses in the Industrial district in a
manner that aligns with the intended purpose of the Industrial zoning district, staff
requests that the City Council approve an interim ordinance prohibiting trade
school uses in the Industrial district for a period not to exceed one year, or until
such time that staff has adequate time to study the issue and present findings to
the City Council.
ORDINANCE NO.
23‐09
Item 10.4
Council Member Elder introduced the following ordinance and moved its
adoption: “ORDINANCE NO. 23‐09, AN INTERIM ORDINANCE
TEMPORARILY PROHIBITING TRADE SCHOOLS AS A PERMITTED USE
IN THE I, INDUSTRIAL DISTRICT IN THE NEW HOPE CITY CODE.” The
motion for the adoption of the foregoing ordinance was seconded by Council
Member Isenberg, and upon vote being taken thereon, the following voted in favor
thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following voted against
the same: None; Abstained: None; Absent: None; whereupon the ordinance was
declared duly passed and adopted, signed by the mayor which was attested to by
the city clerk.
EXCHANGE OF
COMMUNICATION
Item 12.1
Mayor Hemken introduced for discussion Item 12.1, Exchange of communication
between members of the City Council.
Mayor Hemken reported on upcoming events.
Council Member London reported prior to the regular council meeting the Council
interviewed three solid candidates for the personnel board vacancy and
recommended the appointment of Jenn Carlson. Motion was made by Council
Member Elder, seconded by Council Member Hoffe, to appoint Jenn Carlson to
the Personnel Board for a three‐year term expiring December 31, 2026. All
present voted in favor. Motion carried.
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 8:23 p.m.
Respectfully submitted,
New Hope City Council December 11, 2023
Page 8
Valerie Leone, City Clerk
Board of Appeals and Adjustments December 11, 2023
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
Board of Appeals and Adjustments December 11, 2023
Council Chambers
CALL TO ORDER The meeting of the New Hope Board of Appeals and Adjustments was called to order
at 7:24 p.m.
DISTRICT 281
ZONING CODE
APPEAL
Chair Hemken introduced for discussion, Appeal by Independent School District
#281 alleging an error in city staff’s interpretation of the city’s zoning code definition
of “trade school”.
Mr. Joseph Langel, Ratwik, Roszak & Maloney, P.A., representing the Robbinsdale
Area School District, was recognized.
Mr. Langel stated the Robbinsdale Area School District is appealing the
determination made by city staff that the district cannot hold post‐secondary
enrollment options (PSEO) classes at the property it leases at 5420‐5440 Highway 169.
He stated the school district leases space in the industrial district for warehouse, cold
storage and classes for PSEO students. He stated the specific issue is the definition of
a trade school.
Mr. Langel stated the PSEO students are enrolled with Hennepin Technical College,
are taught by college instructors and receive college credits. He explained city staff
does not consider the high school students to be post‐secondary education students.
ROLL CALL Council present:
Staff present:
Also Present:
Kathi Hemken, Chair
John Elder, Board Member
Andy Hoffe, Board Member
Michael Isenberg, Board Member
Jonathan London, Board Member
Reece Bertholf, City Manager
Jeff Alger, Community Development Specialist
Erin Enstad, Abdo
Eric Hanson, Building Official
Tim Hoyt, Director of Police
Rich Johnson, Director of HR/Admin. Services
Beth Kramer, Communications Coordinator
Susan Rader, Director of Parks & Recreation
Jeff Sargent, Director of Community Development
Bernie Weber, Director of Public Works
Stacy Woods, Assistant City Attorney
Al Brixius, City Planner
Sarah Larson, WMFRD Chief
Shelby Wolf, WMFRD Deputy Fire Marshal
Board of Appeals and Adjustments December 11, 2023
Page 2
He stated the definition of post‐secondary education does not exclude high school
students.
Mr. Langel pointed out the city adopted the ordinance in 2015. He stated there is
nothing ambiguous about the term PSEO. He stated the city planner alleges the
definition of trade school was intended to distinguish trade schools from high
schools, but that distinction is not made in the code.
Mr. Langel stated in accordance with state statute, PSEO students are college
students.
He referenced comments made by the city attorney and noted the tax exempt status
of the property is not relevant to a zoning code issue.
He stated staff is attempting to redefine trade school in a manner not supported by
the current city code.
In conclusion Mr. Langel indicated a trade school is a permitted use of the property
leased by the district, and PSEO students are by law post‐secondary education
students. He stated the district respectfully requests that city staff’s determination be
reversed to allow the district to continue providing the courses.
Ms. Stacy Woods, assistant city attorney, stated the only item of issue is whether city
staff’s interpretation of trade school is in error.
Ms. Woods cited city code section 4‐1, Prohibition of uses not specifically authorized:
Whenever in any zoning district a use is neither specifically permitted nor denied,
the use shall be considered prohibited. She stated if K‐12 is not a permitted use in an
industrial district, it shall be deemed prohibited. There is nothing in the industrial
zoning district code that states K‐12 is a permitted or conditional use. There is a
definition of trade school for post‐secondary students. The definition of trade school
per city code section 4‐2 is a school or teaching unit that provides training, apprentice
education, or continuing education in manual, technical, and mechanical skills to
post‐secondary education students.
She stated the school district’s argument is that the city’s definition of trade school is
inadequate. She stated although city code does not have a definition of post‐
secondary schools, Minnesota Statute 120A.05 subd. 13 defines a “secondary” school
as any school with building, equipment, courses of study, class schedules, enrollment
of pupils ordinarily in grades 7 through 12 or any portion thereof, and staff meeting
the standards established by the commissioner of education.
Ms. Woods stated since secondary schools are focused on students in grades 7‐12,
post‐secondary schools can be assumed to accommodate students having completed
grade 12.
Ms. Woods pointed out educational buildings are allowed in a residential zoning
district as a conditional use. She stated the fact that similar language in not in the city
code for the industrial zoning district stating K‐12 is a permitted or conditional use,
means it is prohibited.
Board of Appeals and Adjustments December 11, 2023
Page 3
Mr. Al Brixius, city planner, provided the background of the ordinance. He stated the
language was set up to provide segregation between land use; not only to protect
people within one site but to protect adjoining properties. He stated in that respect
the limitation is to keep the language of trade schools consistent and compatible with
the existing industries surrounding the property. He stated introduction of school
age persons into an industrial area is not encouraged in order to protect students
from the industrial impact and to protect the existing industries so they are not
encumbered by complaints of nuisance or other incompatibility issues.
Mr. Brixius stated the code was drafted with the anticipation that trade schools
would be reliant on the type of industrial building and trades reflective of the other
industries in the zoning district. He stated staff’s interpretation is that the use at the
leased site is a high school regardless of curriculum or type of instructor as the
instruction is focused on high school students. He indicated staff does not believe the
school belongs in the district and does not believe it is in the best interest of the
students or the existing area industries.
Board Member London questioned whether the students apply for classes directly
through Hennepin Technical College.
Chair Hemken stated the issue at hand is the definition of a trade school.
MOTION
Motion was made by Board Member Elder, seconded by Board Member London,
determining city staff did not err with interpretation of city code. Voted in favor
thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following voted against
the same: None; Abstained: None; Absent: None. Motion carried.
CLOSE HEARING Motion was made by Board Member London, seconded by Board Member Isenberg,
to close the hearing. Voted in favor thereof: Hemken, Elder, Hoffe, Isenberg, London;
and the following voted against the same: None; Abstained: None; Absent: None.
Motion carried.
ADJOURNMENT The meeting of the New Hope Board of Appeals and Adjustments adjourned at 7:46
p.m.
Respectfully submitted,
Valerie Leone, City Clerk
I:\RFA\COMM DEV\2024\City Council\01‐08‐24 Streetlight Banners\Streetlight Banners 01‐08‐24.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: Community Development
By: Jeff Alger, Community Development Specialist;
Jeff Sargent, Director of Community Development
Agenda Title
Motion approving designs and printing of banners for streetlights on 42nd and Xylon avenues
Requested Action
Staff requests that the City Council recognize Hennepin Technical College student Chelsea Affeldt and Design
Lead Instructor Paul Howlett for collaborating with the city to create new streetlight banner designs for 42nd
and Xylon avenues and approve a motion authorizing printing of the banners. Both will be in attendance at the
meeting.
Policy/Past Practice
It is a practice of staff to engage in discussions with the City Council regarding branding efforts as well as the
use and maintenance of city property. The city promotes businesses, recreation, and amenities by hanging
streetlight banners along 42nd and Xylon avenues.
Background
At the May 15, 2023, work session, the City Council directed staff to work with graphic design students to
prepare new banner designs for streetlights on 42nd Avenue North between Gettysburg and Louisiana avenues
and on Xylon Avenue North between 42nd and 45th avenues. The existing banners are nearing the end of their
useful life, and 11 new streetlights were recently added to 42nd Avenue North, between Xylon and Gettysburg
avenues, as part of the improvements that took place along 42nd Avenue North in the summer. There are now
a total of 53 matching streetlights on 42nd and Xylon avenues that are equipped for banners. In October, staff
met with two graphic design classes at Hennepin Technical College to discuss the project and share information
about the city of New Hope. Students prepared 16 concepts and city staff selected four preferred designs that
were presented at the November 20, 2023, work session. The City Council selected the design created by
Chelsea Affeldt, who will be in attendance at the meeting along with Hennepin Technical College Design Lead
Instructor Paul Howlett. The students, professor, and school will be recognized in future city publications for
collaborating with New Hope on the project.
Staff obtained two quotes for printing of the banners. The low and recommended quote is from MainStreet
Designs Inc., the company that was used to print the banners that are installed along 42nd Avenue North (not
those on Xylon Avenue North). The banners produced by MainStreet Designs Inc. have held up well over the
last four years. The fabric that is used has a “richer” look that is not as smooth as standard vinyl. The fabric is
11 ounces per yard and printed on one side. Two pieces are then sewn together back‐to‐back, with a 10‐ounce
opaque block out layer in between to eliminate any transparence from sunlight. The banners have a three‐year
warranty to protect from fading and construction defects. All banners are coated with a UV protectant to
prevent fading and are double folded for extra durability and protection to the pocket stitching. Total cost to
print banners for 53 streetlights and five extra sets of banners would be $8,700 ($150 per set of double‐sided
banners).
Agenda Section
Presentations
Item Number
5.1
Request for Action, Page 2
Funding
Funding is available in the EDA budget to purchase new banners for $8,700.
Recommendation
Staff recommends that the City Council recognize Hennepin Technical College student Chelsea Affeldt and
Design Lead Instructor Paul Howlett for collaborating with the city to create new streetlight banner designs
for 42nd and Xylon avenues and approve a motion authorizing printing of the banners.
Attachments
Selected designs
Quotes
Rich Dappen 800-755-3039
QUOTE NUMBER
New Hope, MN 55428 New Hope, MN 55428 jalger@newhopemn.gov
December 8, 2023 Customer Purchase Order
Terms
ASAP Freight Charges
Part Number Quantity Unit Price Per Banner Total
Custom D-MSF 24 $75.00 $1,800.00
12 Sets
Custom D-MSF 24 $75.00 $1,800.00
12 Sets
Custom D-MSF 22 $75.00 $1,650.00
11 Sets
Custom D-MSF 22 $75.00 $1,650.00
11 Sets
Custom D-MSF 24 $75.00 $1,800.00
12 Sets
116
58
$8,700.00
Delivered $0.00
$8,700.00
rich@mainstdesigns.com
18"x 50½" MSF Side-A, Blue, New Hope "A great place to"
18"x 50½" MSF Side B "Live"
18"x 50½" MSF Side-A, Red, New Hope "A great place to"
18"x 50½" MSF Side B "Play"
18"x 50½" MSF Side-A, Purple, New Hope "A great place to"
18"x 50½" MSF Side B "Shop"
18"x 50½" MSF Side-A, Yellow, New Hope "A great place to"
18"x 50½" MSF Side B "Work"
18"x 50½" MSF Side-A, Green, New Hope "A great place to"
All Banners Are Clear Coated With A UV Protectant. Double Folded Pockets
*** No Grommets ***
18"x 50½" MSF Side B "Grow"
Prepay and add to invoice
Shipping Via UPS Ground
Main Street Digital Fabric Side A-B Proof #
PO # NA
Jeff : 763-531-5119
Sales Quote
City of New Hope City of New Hope
Ship ToSold To
All Banners Have Three Year Warranty to Protect From Fading/Construction Defects.
2
Jeff Alger Jeff Alger
4401 Xylon Avenue North 4401 Xylon Avenue North
Sale Date:
Must have By:
Ship By:
1
Jeff Alger
Subject:RE: Banner Quote
Hi Jeī~
(58) 18” x 50.5 – diīerent print each side – (verify pole pocket size and number of grommets).
$173.00ea.
Double layered, UV protectant clear coated fabric and has a 3 year warranty.
Current lead Ɵme is 3-4 weeks.
Let me know if you have addiƟonal quesƟons.
Kindly,
KrisƟna Kullberg
Note: Northern Lights Display will be closed December 18th – January 1st.
I:\RFA\P&R\CAC\2024\Rick Riley Appreciation.docx
Request for Action
January 8, 2024
Approved by: Reece Betholf, City Manager
Originating Department: Parks & Recreation
By: Susan Rader, Director
Agenda Title
Resolution accepting the resignation of Rick Riley from the Citizen Advisory Commission and extending
appreciation for his service
Requested Action
Staff requests the City Council approve the attached resolution accepting Rick Riley’s resignation from the
New Hope Citizen Advisory Commission (CAC) and extending appreciation for his more than 13 years of
service and dedication.
Background
In November, Mr. Riley informed the city that he was declining reappointment to the CAC after serving for
almost 14 years. He was appointed in 2010 and during his tenure served numerous years as the CAC Chair,
Vice Chair and Secretary. Throughout his time on the CAC, a number of issues were studied for the city
council and several included public input meetings. Topics have included various park needs and park
improvement projects; reports from the various city departments; temporary and permanent off‐leash dog
parks; recreation programs; reviewed various ordinances; landscape design for the entrance to city hall and
Fred Sims Park; tobacco use and tobacco free policies in parks; Tobacco 21; winter trail plowing; regional
trails; and pollinator protection. Additional focus areas included an art fair day for the Farmers Market,
adopt‐a‐park, Snowman Contest, City‐Wide Garage Sale, plantings along 42nd Avenue, and volunteering for
various parks and recreation activities.
Mr. Riley also contributed by serving on the Police Facility/City Hall Space Needs Task Force and as a RAVE!
Awards judge.
The council and city staff are grateful to Mr. Riley for his volunteer service and extend their appreciation and
best wishes to him for the future.
Attachment
Resolution
Agenda Section
Presentations
Item Number
5.2
City of New Hope
Resolution No. 2024‐
Resolution accepting the resignation of Rick Riley from the
Citizen Advisory Commission and extending appreciation for his service
WHEREAS, Rick Riley served on the New Hope Citizen Advisory Commission from March 2010 through
December 2023; and
WHEREAS, Mr. Riley has informed city staff of his resignation after more than 13 years of service and
dedication; and
WHEREAS, Mr. Riley contributed to several significant city issues during his tenure on the commission
including studying the need for off leash dog areas in parks, landscape design projects at city
hall and Fred Sims Park, art fair day with the Farmers Market, tobacco free parks, along with
many others; and
WHEREAS, the City of New Hope accepts Mr. Riley’s resignation effective December 31, 2023, with regret,
and desires to thank him for his many years of dedicated service and contributions to the
community.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Hope hereby accepts the
resignation of Rick Riley and extends its appreciation for his service to, and interest in, the City
of New Hope.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of January,
2024.
Mayor
Attest:
City Clerk
I:\RFA\HR & Admin Svcs\Human Resources\2024\Council Meetings\01082024\Q & R ‐ Tony Brown Recognition 01082024.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: HR & Admin Services
By: Rich Johnson, Director
Agenda Title
Resolution accepting resignation of Tony Brown from the New Hope Personnel Board and extending
appreciation for his service
Requested Action
Staff requests the City Council approve a resolution accepting Tony Brown’s resignation from the New Hope
Personnel Board and extending its appreciation for his 18+ years of service and dedication to the City.
Background
Tony Brown informed city staff of his intention to resign from the New Hope Personnel Board in the fall of
2022, however, when staff shared the challenges it was experiencing in filling his vacancy, Tony offered to
continue serving and did so through December 2023.
Tony was first appointed to the Personnel Board in August 1997 and served on the board through December
2007. He was reappointed to the board in October 2015 and served through December 2023. Combining both
periods serving on the Personnel Board, Tony served on 160 interview panels, reviewed and approved
numerous job description revisions, provided insight regarding policies and procedures, compensation
studies, and a myriad of other human resources topics during his eighteen plus years of dedicated service to
the City.
Tony grew up in the New Hope area and has lived in the City of New Hope for over 31 years. His entire
working career was dedicated to various human resource‐related roles, all of which were in the public sector.
Tony has been on both sides of the negotiating table and even served as a mediator with the State of
Minnesota. Tony brought a very valuable set of skills, experience and knowledge to the Personnel Board and
was always willing to share them with city staff.
The city is very grateful to Tony Brown for his dedication and commitment to the City and extends its sincere
appreciation and best wishes.
Attachment
Resolution
Agenda Section
Presentations
Item Number
5.3
City of New Hope
Resolution No. 2024‐__
Resolution Accepting Resignation of Tony Brown from the New Hope Personnel Board and
Extending Appreciation for His Service
WHEREAS, Tony Brown served on the New Hope Personnel Board from August 1997 to December
2007 and October 2015 to December 2023; and
WHEREAS, Brown resigned from the Personnel Board after over 18 years of dedicated service; and
WHEREAS, Brown has been a resident of the City for more than 31 years; and
WHEREAS, Brown shared his knowledge and provided significant input and guidance, particularly
regarding public sector employment, served on 160 interview panels; and
WHEREAS, the City of New Hope accepts Brown’s resignation effective December 31, 2023, with
regret, and desires to thank him for his exemplary service to the community.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Hope hereby accepts
the resignation of Tony Brown and extends its appreciation for his dedicated service to, and interest in,
the City of New Hope.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of
January, 2024.
________________________________________
Kathi Hemken, Mayor
Attest: _____________________________________
Valerie Leone, City Clerk
I:\RFA\City Manager\2024\6.1 Business Licenses\6.1 Q ‐ Business Licenses 010824.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treasurer
Agenda Title
Approval of business license(s)
Requested Action
In accordance with Chapter 8 of the New Hope Code, all applications for business licenses must be presented
to the City Council for consideration. Staff recommends approval of all listed requests.
Background
All required paperwork and fees have been received for the following businesses:
Ace Solid Waste 6601 McKinley Street NW Refuse Hauler
Jesse Gilbert, Hands of Grace 4900 State Hwy. 169, Suite 103 Massage Therapist
Silent Ink 7841 62nd Avenue North Tattoo Establishment
Agenda Section
Consent
Item Number
6.1
G:\City Manager\AGENDA\6.2 R-Approval of Claims Merge Doc.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Reece Bertholf, City Manager
Agenda Title
Approval of claims through January 8, 2024
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\2024\city attorney appt\6.4 Q‐apt attorney.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk
Agenda Title
Resolution appointing city attorney
Requested Action
Staff recommends the appointment of Stacy A. Woods as City Attorney for the year 2024. The resolution also
appoints Melanie P. Persellin as Assistant City Attorney and Prosecuting Attorney.
Policy/Past Practice
The city annually appoints a legal consultant to advise the Council, staff and police on legal and criminal
prosecution matters.
Background
Legal support services will be provided by the law firm of Jensen Sondrall Persellin & Woods, P.A. The city has
utilized the legal services of this law firm for many years. Steve Sondrall served as New Hope’s City Attorney
from 1989‐2023. Stacy Woods has served New Hope since 2014. The resolution appoints Stacy Woods as City
Attorney and Melanie Persellin as Assistant City Attorney and Prosecuting Attorney.
Historically, the city attorney’s office has increased fees on a two or three‐year cycle and maintained those fees
over that period. The last time fees were increased were in 2022.
2023 Hourly
Rates
2024
Hourly Rates
Year of last
increase
Civil attorney time $130 No change 2022
Police attorney time (prosecution) $130 No change 2022
Paralegal time $80 No change 2022
Revenue bond issues (fees are
paid by applicant, not the city)
$200 No change 2014
The city attorney does not charge the city for attending regularly scheduled council meetings and work sessions.
Funding
The budget includes funding for legal services.
Attachments
Resolution
Letter with fee schedule
Agenda Section
Consent
Item Number
6.4
1
RESOLUTION NO. 24 - ____
RESOLUTION APPOINTING CITY ATTORNEY
BE IT RESOLVED by the City Council of the City of New Hope as follows:
WHEREAS, it is in the best interest of the City of New Hope to appoint a legal consultant
to advise the City Council, City staff and police on City civil legal and criminal prosecution
matters, and
WHEREAS, the City Manager has recommended to this Council that attorney Stacy A.
Woods be appointed as the New Hope City Attorney and Melanie P. Persellin be appointed as
Assistant City Attorney and Prosecuting Attorney respectively pursuant to Minn. Stat.
§412.651(3) during the year 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope
as follows:
1. That Stacy A. Woods, Attorney at Law, (license no. 261658) is hereby appointed
to serve as City Attorney for the City of New Hope, Minnesota, during the year
2024.
2. That Melanie P. Persellin, Attorney at Law, (license no. 031786x) is hereby
appointed to serve as Prosecuting Attorney and Assistant City Attorney for the City
of New Hope, Minnesota during the year 2024.
3. That the City Attorney may use the personnel and all other services of Jensen
Sondrall Persellin & Woods, Professional Association, including Steven Sondrall,
or other qualified attorneys and legal professionals to assist them in providing legal
services to the City of New Hope during the 2024 year, subject to the approval of
the City Manager and this City Council.
Dated the 8th day of January, 2024.
____________________________________
Kathi Hemken, Mayor
Attest: __________________________
Valerie Leone, City Clerk
CNH - Resolution Appointing City Attorney( 2024)P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-10000 City Mgr\CNH - Resolution
Appointing City Attorney( 2024).docx
Writer’s Direct Dial No.: (763) 201-0265
e-mail saw@jspwlaw.com
January 2, 2024
Reece Bertholf, City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Via E-mail only
Re: 2024 City Attorney Fee Schedule and Appointment Resolution
Dear Reece:
I am pleased to enclose for consideration at the January 8, 2024 Council meeting a proposed
Resolution Appointing City Attorney for 2024. Thank you for your continued recommendation
of our appointment as the City’s legal consultants for 2024.
We do not intend to increase our current rates for civil or police attorney time, paralegal time or
bond work in 2024. The rates will continue to be as follows:
1. $130.00 per hour for civil attorney time;
2. $130.00 per hour for police attorney time;
3. $80.00 per hour for all paralegal time;
4. $200.00 per hour on Revenue Bond issues – (fees are paid by applicant not the City);
5. Expenses will be billed at their actual cost.
We will also continue our practice of attending the two regularly scheduled monthly Council
meetings at no charge to the City and we will attend the City Council work sessions when
requested by you at no charge to the City as well.
I hope you and the City Council will consider this proposal reasonable and acceptable. Your
recommendation for our appointment as City Attorney for 2024 is greatly appreciated and we
look forward to working with you, the Council and city staff in representing the City of New
Hope in 2024.
Sincerely,
/s/ Stacy A. Woods
City Attorney, City of New Hope
cc: Valerie Leone
https://jspwlaw-my.sharepoint.com/personal/saw_jspwlaw_com/Documents/Letter to Reece Bertholf appointing City Attorney -
2024.docx
I:\RFA\City Manager\2024\city eng appt\6.5 Q‐apt engineer.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treas.
Agenda Title
Resolution appointing Dan Boyum of Stantec Consulting Services Inc. as city engineer for sewer, water,
street, and storm sewer projects and general work
Requested Action
Staff recommends the Council pass a resolution appointing Dan Boyum of Stantec Consulting Services
Incorporated as city engineer for 2024.
Policy/Past Practice
The city annually appoints an engineering consultant to assist Council and staff with planning and managing
improvements to parks, sewers, streets, water and storm sewer facilities within the city.
Background
The city utilized the services of Bonestroo, Rosene, Anderlik & Associations (BRAA) since 1957. In 2007, they
merged with DSU Planning and Urban Design and became “Bonestroo.” On September 2, 2011, Bonestroo
was acquired by Stantec Consulting Services Incorporated. The proposed resolution re‐appoints Dan Boyum
as city engineer.
Stantec Consulting Services Inc.’s proposed rate schedule for 2024 reflects a 3% increase for Stantec team
member rates. Since 2018 Stantec has not charged for attendance at council meetings and charged a fixed fee
of $100 (not hourly) for attendance at work sessions. Engineering rates were unchanged between years 2009‐
2012, in years 2013‐2017 the rates increased by 3%, 3.5% in 2018, and 3% in years 2019‐2023. Stantec
Consulting Services Inc. is aware of the city’s limited resources and strives to find ways to increase value and
reduce overall costs while providing quality services. As in the past, the city engineer and his support staff
continue to be very instrumental in the city’s success in managing the city’s state aid funds, and in obtaining
grant funding and competitive quotes for various projects.
Funding
The 2024 general budget includes a total of $45,000 for engineering services within the Community
Development and Public Works department budgets. Engineering services utilized for specific construction and
improvement projects are charged to the respective project; such as street infrastructure project improvements
and park projects. Engineering services utilized for planning/development applications are generally billed to the
applicant.
Attachments
Resolution
Letter from city engineer
Rate schedule
Agenda Section
Consent
Item Number
6.5
City of New Hope
Resolution No. 2024 ‐
Resolution appointing Dan Boyum
of Stantec Consulting Services Incorporated
as city engineer for sewer, water, street,
and storm sewer projects and general work
WHEREAS, the city of New Hope contracts for engineering services; and,
WHEREAS, the city of New Hope constructs and maintains city parks, sewer, street, water and
storm sewer facilities in the city; and,
WHEREAS, it is in the best interest of the city to appoint a consulting engineering firm to assist
the City Council and staff in planning and managing improvements, and approve
the assignment of the engineering services contract to Stantec Consulting Services
Incorporated.
NOW, THEREFORE, BE IT RESOLVED that the firm of Stantec Consulting Services Inc. is hereby
designated to serve as the city engineer for parks, sanitary sewer, municipal water,
streets, storm sewers and other general work for the city of New Hope, Minnesota,
during the year 2024; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED that payment for services shall be as set forth
in the contract dated January 1, 1998, and the rate (fee schedule) as negotiated with
the city manager.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 8th day
of January, 2024.
_________________________
Mayor
Attest: _______________________
City Clerk
Stantec Consulting Services Inc.
733 Marquette Avenue Suite 100
Minneapolis, Minnesota 55402-2309
Tel: (612) 712-2000
December 29, 2023
File: 193806134
Attention: Reece Bertholf
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428-4843
Reference: 2024 Rate Schedule
Dear Reece,
We have thoroughly enjoyed helping the City of New Hope plan and implement your projects
over the past year. We are looking forward to continuing our service with the exciting projects
and challenges next year. Enclosed is our 2024 hourly rate schedule for municipal services.
Stantec is committed to employing excellent people while keeping our technical capabilities
innovative and efficient to serve you best. Understanding the tough restraints placed on municipal
governments, we are proposing the following:
·Hold your Stantec team’s rates to an average increase of 3%
·Council Meetings: no charge
·Council Work Session Meetings: $100/meeting
Please be assured that we will continue to strive internally to minimize cost increases. We look for
cost saving measures in our day-to-day operations with staff to help reduce your engineering costs
and provide the greatest value for your engineering investment.
We are grateful for our relationship with New Hope. Your Stantec team is dedicated to providing
the city with high quality service while working within budget constraints. We look forward to
continuing to partner with you in 2024.
If you have any questions or require further information, please call me at (612) 712-2021.
Regards,
Stantec Consulting Services Inc.
Dan D. Boyum, PE
Senior Associate
Attachments: 2024 Rate Schedule
c. Valerie Leone – New Hope; Aimee Gies – Stantec
Classification 2024
Senior Principal 179.00$ -225.00$
Principal 172.00$ -212.00$
Specialist*157.00$ -320.00$
Project Manager 169.00$ -217.00$
Senior Engineer| Scientist | Architects |Landscape Architect | Planner 157.00$ -205.00$
Architect | Landscape Architect 142.00$ -172.00$
Land Surveyor 127.00$ -207.00$
Engineer | Planner | Scientist | Geologist | Hygienist 121.00$ -172.00$
Designer | GIS | Landscape Designer |Graphics | Senior Technician 121.00$ -174.00$
Engineering Technician 96.00$ -140.00$
Project Technician 66.00$ -98.00$
Field Supervisor 130.00$ -205.00$
Inspector 98.00$ -134.00$
1-Person Survey Crew 170.00$
2-Person Survey Crew 250.00$
* Specialist: Experts in highly technical disciplines including Principal Planners, Market Analysts
and Certified Industrial Hygienist.
These rates are adjusted annually in accordance with the normal review procedures of Stantec.
2024
RATE SCHEDULE
(Municipal)
I:\RFA\City Manager\2024\newspaper appt\6.6 Q&R‐apt newspaper 01.08.24.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treas.
Agenda Title
Resolution appointing Crystal/Robbinsdale/New Hope/Golden Valley Sun Post as the official newspaper for city
of New Hope
Requested Action
Staff recommends the re‐appointment of the Sun Post as the official newspaper for 2024.
Policy/Past Practice
The City must designate an “official” newspaper on an annual basis.
Background
The only newspapers meeting the circulation criteria are the Sun Post and the Star Tribune. The City has
utilized the services of the Sun Post for many years, and publication rates are reasonable. As an added
service, the Sun Post also posts legal notices on its website (www.mnsun.com).
There is a slight increase in rates for 2024.
2024 Rate Structure 2023 Rate Structure
$12.25 per inch for first insertion (rate drops
to $7.25 per inch for subsequent insertions).
Based on 9 lines per inch
$12.20 per inch for first insertion (rate drops
to $7.20 per inch for subsequent insertions).
Based on 9 lines per inch
Funding
The budget includes funding for publication costs. Annual publication costs are typically between $8,000‐$9,000
for all departments.
Attachments
Resolution
Letter from Sun Post
Agenda Section
Consent
Item Number
6.6
City of New Hope
Resolution No. 2024‐
Resolution appointing Crystal/Robbinsdale/New Hope/Golden Valley Sun Post
as the official newspaper for city of New Hope
WHEREAS, the City of New Hope is required by State law to designate a newspaper for
official and legal publication, and
WHEREAS, State Statute 331.02 established requirements that must be met by newspapers to
be designated for official and legal publication, and
WHEREAS, the Crystal/Robbinsdale/New Hope/Golden Valley Sun Post meets those
requirements.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope,
Minnesota, as follows:
The Crystal/Robbinsdale/New Hope/Golden Valley Sun Post is hereby designated
as the official newspaper for the City of New Hope for the year 2024.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th
day of January, 2024.
____________________________
Mayor
Attest:________________________
City Clerk
i:\rfa\city manager\2024\6.7 q&r‐apt depositories payroll.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treas.
Agenda Title
Resolution designating Wells Fargo as depository for payroll account and general or special funds of the City
of New Hope
Requested Action
Staff recommends the continuation of Wells Fargo as the city’s official depository for the payroll and general
accounts of the city.
Policy/Past Practice
The City must designate its official depository on an annual basis.
Background
The City has used Wells Fargo for the official depository for the payroll account and general account since 2002.
The Mayor, Mayor Pro tem, City Manager and City Clerk are listed as the official signatories.
Attachment
Resolution
Agenda Section
Consent
Item Number
6.7
City of New Hope
Resolution No. 2024‐
Resolution designating Wells Fargo as depository for
payroll account and general or special funds of the city of New Hope
BE IT RESOLVED, that Wells Fargo (New Hope Office) is hereby designated as the depository for
the city Payroll and General Fund Accounts for the year 2024.
BE IT FURTHER RESOLVED, that any of the below listed officers of this municipal corporation
are authorized in the name and on behalf of the City of New Hope, to open or cause to
be opened or to continue or cause to be continued an account or accounts with said bank
and to execute and deliver to said bank, signature card or cards supplied by said bank
containing said bank’s usual customer agreement applicable to such account or accounts
and the signatures of the officers or other persons hereinafter named and that any officer
of this municipal corporation or any other persons hereinafter named in hereby
authorized, for and on behalf of this corporation or otherwise, to endorse or cause to be
endorsed, to negotiate or cause to be negotiated, or to deposit or cause to be deposited in
such account or accounts any money, checks, drafts, orders, notes or other instruments
payable to or held by this corporation.
BE IT RESOLVED, that checks, drafts, or other withdrawal orders on funds deposited in such
account or accounts may be signed by any three of the following: Kathi Hemken,
Mayor, or John Elder, Mayor Pro tem; plus Reece Bertholf, City Manager; Valerie Leone,
City Clerk/Treasurer; and said bank is hereby fully authorized to pay and charge to such
account or accounts, any checks, drafts, or other withdrawal orders signed, whether or
not payable to the individual order of any of the foregoing officers or persons or
deposited or otherwise applied to his individual account or signatures of the
aforementioned officers or persons shall be as follows:
___________________________________ Mayor, or
Kathi Hemken
___________________________________ Mayor Pro tem, plus
John Elder
___________________________________ Acting City Manager, or
Reece Bertholf
___________________________________ City Clerk/Treasurer
Valerie Leone
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th
day of January, 2024.
____________________________
Mayor
Attest:________________________
City Clerk
I:\RFA\City Manager\2024\6.8 Q&R apt depositories investments 01.08.24.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treas.
Agenda Title
Resolution designating depositories for funds of the City of New Hope relative to investments
Requested Action
Staff recommends naming the following financial institutions as official depositories for purposes of investing
City funds as authorized by state statutes:
Wells Fargo Investment Services
PMA Financial Network/Securities, Inc. 4M
Policy/Past Practice
In accordance with state statutes, the city must designate its official depositories on an annual basis.
Background
The city’s investment policy is part of the Financial Management Plan. Both the short‐term and long‐term portions
of the portfolio are being managed by the city’s financial consultant, Abdo, and these depositories were confirmed
with Abdo.
Attachment
Resolution
Agenda Section
Consent
Item Number
6.8
City of New Hope
Resolution No. 2024‐
Resolution designating depositories for funds
of the City of New Hope relative to investments
BE IT RESOLVED, the following named financial institutions are hereby designated as official
depositories for purposes of investing City funds as authorized by State Statutes:
Wells Fargo Investment Services
PMA Financial Network/Securities, Inc. 4M
BE IT FURTHER RESOLVED, that
1. Prior to City deposits being made in any of the above named depositories, collateral in
at least 110% of the amount of deposit shall be pledged to the City of New Hope.
Mortgage notes must be pledged at 140% of deposit.
2. The hereinafter designated officers are authorized to invest the city funds from time to
time with above named financial institutions and that said associations are hereby
authorized to act without further inquiry in accordance with writings bearing the
signatures of three such officers and of further authorization for other individuals to so
sign, together with a specimen of the signature of each such individual.
3. The designated officers and specimen signatures are as follows:
________________________________Mayor, or
Kathi Hemken
________________________________Mayor Pro tem, plus
John Elder
________________________________Acting City Manager, or
Reece Bertholf
________________________________City Clerk‐Treasurer
Valerie Leone
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th
day of January, 2024.
____________________________
Mayor
Attest:________________________
City Clerk
I:\RFA\City Manager\2024\6.9 Q&R ‐ EFT payments 01.08.24.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treas.
Agenda Title
Resolution delegating authority to the city manager to pay claims prior to city council approval and
make electronic funds transfers for the payment of claims for 2024
Requested Action
Staff recommends that the Council adopt the resolution regarding the payment of financial claims.
Background
At each council meeting, as item 6.2, the City Council approves financial claims covering checks and electronic
payments made since the previous council meeting. In accordance with state statutes 412.271 and 471.38 Council
must adopt a resolution authorizing the payment of claims prior to Council approval and delegate authority to
make electronic funds transfers.
It is necessary to adopt a resolution on an annual basis regarding financial claims.
Attachment
Resolution
Agenda Section
Consent
Item Number
6.9
City of New Hope
Resolution No. 2024 ‐
Resolution delegating authority to the city manager to
pay claims prior to city council approval and make
electronic funds transfers
for the payment of claims for 2024
WHEREAS, Minnesota Statute 412.271 Subd. 8. requires the City Council delegate
authority to pay claims prior to City Council approval; and
WHEREAS, Minnesota Statute 471.38 Subd. 3a. requires the City Council annually delegate
authority to make electronic funds transfers; and
WHEREAS, the City uses electronic funds transfers whenever possible as they are much
more efficient and eliminates the risk of lost or mishandled check payments; and
WHEREAS, all electronic funds transfers are subject to:
1. Annual City Council designation of authority to the City Manager and his
designee;
2. The cityʹs internal control procedures;
3. A list of all electronic transactions to be submitted for approval to City Council
at its next regular meeting.
NOW, THEREFORE, BE IT RESOLVED that authority to make electronic funds transfers and pay
claims prior to City Council approval shall be delegated to City Manager and
his designee.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of
January, 2024.
______________________________
Mayor
Attest: ________________________
City Clerk
I:\RFA\City Manager\2024\Q&R‐apt municipal advisor 01.08.24.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treas.
Agenda Title
Resolution appointing City Municipal Advisors
Requested Action
Staff recommends that the Council adopt the resolution appointing City Municipal Advisors.
Policy/Past Practice
The city appoints firms that provide professional services for the city.
Background
The city consults with both Dorsey & Whitney and Ehlers regarding bond issuance and municipal debt. Abdo
Financial Services recommends the city designate its municipal advisor(s) on an annual basis. Although the
city contracts with Abdo Financial Solutions for finance director services, Abdo is not the city’s municipal
advisor.
Attachment
Resolution
Agenda Section
Consent
Item Number
6.10
City of New Hope
Resolution No. 2024‐
Resolution appointing City Municipal Advisors
WHEREAS, it is in the best interest of the City of New Hope to appoint a municipal advisor
to advise the City Council and City staff on financial and debt management;
and
WHEREAS, the City Manager has recommended to this Council that Dorsey and Whitney
and Ehlers be appointed as the New Hope City Municipal Advisors during the
year 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that:
1. Dorsey & Whitney is hereby appointed to serve as a Municipal Advisor for
the City of New Hope, Minnesota, during the year 2024.
2. Ehlers is hereby appointed to serve as a Municipal Advisor for the City of
New Hope, Minnesota, during the year 2024.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day
of January, 2024.
Mayor
Attest:
City Clerk
I:/RFA/City Manager/2024/6.11 Q&R‐Apt HRG Board 01.08.24
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treas.
Agenda Title
Resolution appointing Reece Bertholf as director to the HRG Board
Requested Action
Staff recommends that the Council re‐appoint City Manager Reece Bertholf as Director to the HRG Board.
Background
As a requirement of the HRG Joint Powers Agreement, each City Council of the Hennepin Recycling Group must
appoint their City Manager as HRG Director on an annual basis.
City Manager Bertholf has been serving on the Board since his employment in June of 2023. The resolution
appoints Reece Bertolf as the city’s HRG director until December 31, 2024.
Attachment
Resolution
Agenda Section
Consent
Item Number
6.11
City of New Hope
Resolution No. 2024 ‐
Resolution appointing Reece Bertholf
as director to the HRG Board
WHEREAS, as a requirement of the HRG Joint Powers Agreement, each City Council of the Hennepin
Recycling Group must appoint a HRG Director on an annual basis; and
WHEREAS, as City Manager, it is appropriate to appoint Reece Bertholf to serve as New Hopeʹs HRG
Director.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of New Hope hereby appoints
Mr. Reece Bertholf, City Manager, as Director to the HRG Board for a term expiring
December 31, 2024.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of
January, 2024.
______________________________
Mayor
Attest: ________________________
City Clerk
I:\RFA\City Manager\2024\6.12 Q‐Apt Weed Inspector 01.08.24.Docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treas.
Agenda Title
Appointment of assistant weed inspector for 2024
Requested Action
Staff recommends the appointment of Shawn Markham, Contract Manager/City Forester, as the City’s Assistant
Weed Inspector.
Background
State Statute 18.80, subd. 3 requires cities to appoint an Assistant Weed Inspector on an annual basis. By law, the
official Weed Inspector is the Mayor.
Agenda Section
Consent
Item Number
6.12
I:\RFA\CITY MANAGER\2024\BD OF APPEAL ‐ SET MTG\6.13 Q ‐ BD OF APPEAL DATE.DOCX
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treas.
Agenda Title
Approval of April 11, 2024, as date for the Local Board of Appeal and Equalization Meeting
Requested Action
Staff recommends the City hold the Local Board of Appeal and Equalization on Thursday, April 11, at 7:00 p.m.
Policy/Past Practice
The City Council serves as the Board of Appeal and Equalization in New Hope. The hearing provides an
opportunity for property owners to question their property valuations. Appeals may be made in person or in
writing. The Board must meet between April 1 and May 31.
Background
The County requests that the City schedule its Local Board of Appeal and Equalization Meeting dates as soon as
possible. After the initial meeting, the Board must reconvene within twenty calendar days. Staff recommends April
11, at 7:00 p.m. as the initial date and April 22, at 6:30 p.m. (prior to the Council Meeting) as the reconvened meeting
date.
The county assessors are willing to meet with the Council at a work session prior to the actual meeting if so desired
by the Council. In this past this has served as an opportunity to familiarize the Council with property valuations,
sales information, and the Council’s role as Board of Equalization.
Residents will be notified of the Board of Appeal and Equalization meeting in their tax statements and city
publications (newsletter article). The law requires attendance at the local board meeting by at least one voting
member who has, within the last four years, attended the training course, and New Hope meets the
requirements (Elder and London’s certifications are effective until 7/1/24 and Isenberg’s certification is
effective until 7/1/25). On‐line training is available until February 1 at
https://www.revenue.state.mn.us/board‐appeal‐and‐equalization‐training.
Attachment
Hennepin County memorandum of proposed date
Agenda Section
Consent
Item Number
6.13
To: City Clerk/City Administrator of New Hope
From: Kim Jensen
Date: December 15, 2023
Re: 2024 Local Board of Appeal and Equalization Meeting
Thursday, April 11, 2024 7:00 PM
Date Time
Minnesota Statute 274.01, Subdivision 1, requires that the County Assessor set the date and time for
your local board of appeal and equalization meeting. We are proposing the above date and time.
It’s important to have a quorum and a minimum of one trained board member at the meeting. Please
confirm the proposed date and time will allow your board to accommodate those requirements. If you
wish to change the date, send an alternative to me by January 15, 2024. We will try to accommodate
the new date, but our staffing needs may not allow it.
If you have any questions, please contact me at kim.jensen@hennepin.us.
Please return this form to AO.Programs@hennepin.us .
CONFIRMATION
City: Board Member:
Date: Board Member:
Time: Board Member:
Location: Board Member:
Board Member:
Board Member:
Meeting Format: In Person Board Member:
Hybrid
City Clerk/Administrator Signature
I:\RFA\HR & Admin Svcs\IT\2024\Council Meetings\01082024\6.14 Q&R ‐ Approval of Contract for Andrews Technology to Provide Time Entry & Scheduling
Software.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: HR & Admin Services
By: Rich Johnson, Director
Agenda Title
Resolution Approving Contract with Andrews Technology to Provide Timekeeping and Scheduling Software
Services as Part of the New Enterprise Resource Planning (ERP) Platform
Requested Action
Staff recommends approval of a contract with Andrews Technology to provide timekeeping and scheduling
software services to the city.
Background
At the April 17, 2023 work session, staff informed Council of LOGIS’ pricing and the city’s options regarding
the enterprise resource planning software. Council supported utilizing Abdo’s services to assist the city in
evaluating various ERPs. The software review included accounts receivable, accounts payable, financial
reporting as well as payroll, human resources, special assessments, recreation, license/permits/inspections,
and utility billing.
At the October 16, 2023 work session, staff shared the results of the evaluation process as well as its
recommendation to enter into an agreement with BS&A to provide ERP software to the city. The contract
with BS&A was approved at the October 23, 2023 Council meeting. This agreement is with Andrews
Technology and will provide necessary scheduling and timekeeping capabilities to work in conjunction with
BS&A and the new ERP platform. The one‐time implementation fees are $14,695 and the annual costs will be
$49,965. Although staff is forecasting the project kick‐off with Andrews Technology to be in late 2024 or early
2025, this agreement is being brought to Council for approval at this time to secure current pricing offered by
Andrews Technology.
Funding
The one‐time costs of $14,695 and any monthly fees realized in 2024 will be funded from the IT reserve fund.
Attachments
Resolution
Andrews Technology Order Form
Agreement Between the City of New Hope and Andrews Technology Statement of Work
Agenda Section
Consent
Item Number
6.14
City of New Hope
Resolution No. 2024‐
Resolution Approving Contract with Andrews Technology to
Provide Scheduling and Timekeeping Software
as a Service
WHEREAS, staff identified the need for a new Enterprise Resource Planning (ERP) software; and,
WHEREAS, this need was discussed with the City Council on April 17, 2023, and Council approved
issuance of a Request for Proposals (RFP); and
WHEREAS, an RFP was issued and the city has received acceptable bids; and
WHEREAS, the bids and services offered were reviewed with Council on October 16, 2023; and
WHEREAS, BS&A Software is the preferred vendor as outlined in the memo from Abdo dated October 11,
2023; and
WHEREAS, Andrews Technology provides scheduling and timekeeping software which integrates with
BS&A’s software and meets the city’s needs; and
WHEREAS, the city desires to enter into a contractual arrangement with Andrews Technology.
NOW THEREFORE BE IT RESOLVED by the City of New Hope City Council:
1. That the contract with Andrews Technology is hereby approved.
2. That city officials are authorized to execute said contract.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of
January, 2024.
____________________________________
Mayor
Attest:
City Clerk
Andrews Technology HMS, Inc.
1213 Culbreth Drive
Wilmington, NC 28405
sales@andrewstechnology.net
(800) 319-8096 Fax:(516) 674-8119
VENDOR HOSTED ORDER FORM
Invoice To:City of New Hope Hosted By:Vendor
Ship To:TBD Terms:5 Year Term
Account 70% Upon Project Kick Off
Executive:Jamie Blundell 20% 45 Days from Date of Project Kick Off
10% 90 Days from Date of Project Kick Off
Qty Description Item Monthly
UKG Web-Based Time & Attendance System
350 UKG Web-Based Time & Attendance Software $3.50 $1,225
350 Employee Web Services (PC Entry, Mobile Applications)Included Included
30 Supervisor Module: Approval/Reporting/Review/Modification $5.00 $150
1 BS&A Payroll Interface (Guaranteed Interface)Included Included
1 Electronic In-Out Board Included Included
1 Labor Tracking (Activity Based Reporting - 8 Levels)Included Included
1 Standard Supply & Demand Scheduling Module Included Included
1 Accrual Module (Includes Sick, Vacation, Personal, etc.)Included Included
1 Borrowing Manager Included Included
1 Schedule Lockout Module Included Included
Government Software Discount 10%-$137.50
1 Advanced Scheduling Module (up to 200 employees)$700 $700
1 Report Generator (Up to 20 Gig/month)$120 Optional
1 Document Storage (Per 20 GB/month of Upload/Download and Storage)$120 $120
350 Single Sign On Module $0.50 Optional
350 Leave of Absence Module (FMLA Case Tracking)$1.50 $525
350 Facial Recognition/Thermal Reading Module $1.50 Optional
1 iPad Station Fee (Client must provide iPads)$50 Optional
Monthly Total $2,582.50
$30,990
1 $1,990 $1,990
EA $2,890 Optional
EA UKG Thermal Reader $595 Optional
Implementation $14,695
Annual Maintenance $2290/yr $2,290
Sales Tax TBD
12 Month System Total $49,965
One Time Implementation Fees
Initial Planning Session Included
Rules Questionnaire Assistance Included
Install UKG Web-Based Software Included
Install Payroll Rules and Employee File Included
Unlimited Administrative/Supervisor Training Included
Program Hardware Included
Install Hardware Customer
System Test/Go Live Included
Total One Time Fees 14,695$
Customer Authorization Title Date
Andrews Technology HMS, Inc.Title Date
12 Month Vendor Hosting Total
Synel Synergy HID Proximity Terminal
InTouch DX HID Proximity Terminal
Page 1 of 14
ANDREWS TECHNOLOGY
UKG TIME & ATTENDANCE PROJECT
Statement of Work
Prepared for City of New Hope
November 14, 2023
Overall Statement of Responsibility……………………………………………………………………………..1
Master Agreement……………………………………………………………………………………………………..2
Statement of Work
- Deliverables…………………………………………………………………………………………………………….7
- Vendor Installation Responsibilities .............................................................................. 7
-Customer Installation Responsibilities…………………………………………………………………………8
- Professional Services Overview………………………………………………………………………………….9
- Software Training Overview………………………………………………………………………………….…11
- Phase _______ Sign-off………………………………………………………………………………….………12
Exhibit A - Order Form………………………………………………..……………………….……See Attached
Exhibit B – Maintenance Agreement………………….……………………………………………..………. 13
Andrews Technology - Overall Statement of Responsibility
Andrews Technology has complete responsibility for the following:
• Delivery of System as described on the Andrews Technology UKG Order Form
• Installation of UKG Web Based Software on UKG Servers
• Configuration of Software
• Rules Questionnaire Assistance
• Employee File Creation Assistance
• Installation of Rules and Employee File
• Installation of BS&A Interface
• Unlimited Training of all Administrators and Supervisors
o Training is central site or via web
• System Testing (Adjustments as Required)
• Support During Go Live Period(s)
• Unparalleled Customer Satisfaction During all of the Above
• Ongoing System Maintenance (see “Maintenance Agreement – Exhibit B”)
o Includes all software licenses and time clocks shown on the Andrews
Technology Purchase Order Form –(See Exhibit A).
Page 2 of 14
Andrews Technology
Master Customer Agreement
This Master Customer Agreement (called the “Agreement”) and its applicable Transaction
Documents along with the above Description of Responsibilities and Exhibits are the
complete Agreement regarding the products and services provided by Andrews Technology
to the City of New Hope.
Definitions
Transaction Document is any document including, but not limited to the: “Master
Customer Agreement”; “Statement of Work”; “Project Plan”; “Payment Schedule” and
“Maintenance Agreement” that requires execution to be effective.
Change Order is a document completed by both of us that authorizes a change to a
Transaction Document or Statement of Work.
Discovery is a process performed to define a Statement of Work.
Deliverable is any item, specified in a Transaction Document or Statement of Work, which
we provide (Software, Hardware, Documentation, Training, Reports or Materials, Etc.).
Materials are work products such as programs, program listings, programming tools,
documentation, reports, and drawings. The term “Materials” does not include Program
Products, but does include modifications of a Program Product.
Product is a machine, its features, elements, cables, or accessories, or any combination
thereof or a program product. The term “Product” includes the documentation required to
install, support, use, and maintain the product.
Program Product is a commercially available software product and the documentation
required to install, support, use, and maintain it. City of New Hope is the licensee
(Andrews Technology is not the licensee.).
Services are technical work that we perform to complete a Statement of Work or the
delivery of customer offerings. Deliverables may result from such work.
Statement of Work is a detailed list of tasks to be performed during the implementation
of a project.
Changes to the Master Agreement, Project Plan or Statement of Work: Any
modification of the above including, but not limited to, additional project phases, changes
in system design or timeline, after execution below, will be considered a change in the
agreement. Any such change may only be modified by a Change Order, which both of us
must sign prior to performed services. Any such changes may affect the estimated
schedule, payments, and other terms.
Our Relationship
Mutual Responsibilities: Each of us agrees that under this Agreement:
Page 3 of 14
• All information exchanged is non-confidential. If either of us requires the
exchange of confidential information, it will be done under a signed Non-
Disclosure Agreement;
• Each will allow the other reasonable opportunity to comply before it claims that
the other has not met its obligations;
• Neither of us will bring a legal action against the other more than two years
after the cause of action arose.
Your other responsibilities: You agree to do the following:
• To not assign or otherwise transfer, this Agreement, without our prior written
consent;
• To provide us with sufficient, free and safe access to your facilities for us to
fulfill our obligations; and
To not disclose the terms of this Agreement without our prior written consent.
License Terms
Customer agrees to comply, in all material respects, with the following terms and
conditions:
1. to operate and process the Software and use the Service for its own internal
business purposes only, without the right to further sublicense;
2. not to decompile, disassemble or reverse engineer the Software;
3. that the license to use the Software and the Service is limited based upon
authorized Usage;
4. not permit use of the Software or the Service (including timesharing or
networking use) by any third party;
5. not remove the Equipment from the place of original installation without the
Company’s prior written consent nor sell or encumber the Equipment;
6. to grant permission to combine Customer’s business data with that of other
customers in a manner that does not identify the Customer or any individual
in order to evaluate and improve the services offered to customers;
7. that the sublicense agreement inures to the benefit of the licensors of
software and other applications, and that such licensors may directly enforce
the terms of the sublicense agreement in order to protect their interests
in the Software and the Service.
8. to take all reasonable steps to ensure that no unauthorized persons have
access to the Service, and to ensure that no persons authorized to have
such access shall take any action that would be in violation of this
Agreement;
9. to ensure that the Customer has the right to publish and disclose the data
and other content Customer includes in the Service, and that the Content will
not (i) infringe or violate any third-party right, including (but not limited
to) intellectual property, privacy, or publicity rights; (ii) be abusive, profane,
or offensive to a reasonable person; or (iii) be hateful or threatening;
Page 4 of 14
10. that Customer shall not (i) use, or allow the use of, the Service or the
Content in contravention of any federal, state, local, foreign or other
applicable law, or rules or regulations of regulatory or administrative
organizations; (ii) introduce into the Service any virus or other code or
routine intended to disrupt or damage the Service, or alter, damage, delete,
retrieve, or record information about the Service or its users; (iii) excessively
overload the systems used to provide the Service; (iv) perform any security
integrity review, penetration test, load test, denial of service simulation or
vulnerability scan (including without limitation the use any tool designed to
automatically emulate the actions of a human user in connection with such
testing); or (v) otherwise act in a fraudulent, malicious or negligent manner
when using the Service;
11. to comply with the minimum security requirements for using the Service as
reasonably determined by Company;
12. that when using and applying the information generated by the Services,
Customer is responsible for ensuring that Customer complies with the
applicable requirements of federal and state law; that if Customer is using
any payroll service hereunder: (i) Customer is solely responsible for the
content and accuracy of all reports and documents prepared in whole or in
part by using such Service, (ii) using such Service does not release Customer
of any professional obligation concerning the preparation and review of such
reports and documents, (iii) Customer does not rely upon the Service
provider or its third party licensor(s) for any advice or guidance regarding
compliance with federal and state laws or the appropriate tax treatment of
items reflected on such reports or documents, and (iv) Customer will review
any calculations made by using such Service to satisfy itself that those
calculations are correct.
13. that Customer will acknowledge and agree that no person nor entity not a
party to this Agreement will be a third party beneficiary of any provision of
this Agreement and, by way of further clarification, none of its employees or
other personnel is an intended beneficiary with respect to the payroll or other
services provided in connection with the Service or Software; and that
Customer will acknowledge and agree that use of the Service includes the
ability to enter into agreements and/or to make transactions electronically. As
such, the following provision will be included in Partner’s agreement with the
Customer: “Use of the Service includes the ability to enter into agreements
and/or to make transactions electronically. CUSTOMER ACKNOWLEDGES
THAT WHEN IT INDICATES ACCEPTANCE OF AN AGREEMENT AND/OR
TRANSACTION ELECTRONICALLY, THAT ACCEPTANCE WILL CONSTITUTE
ITS LEGAL AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR
SUCH AGREEMENTS AND TRANSACTIONS. THIS ACKNOWLEDGEMENT THAT
CUSTOMER INTENDS TO BE BOUND BY SUCH ELECTRONIC ACCEPTANCE
APPLIES TO ALL AGREEMENTS AND TRANSACTIONS CUSTOMER ENTERS
INTO THROUGH THE SERVICE, SUCH AS ORDERS, CONTRACTS,
STATEMENTS OF WORK, AND NOTICES OF CANCELLATION.
Page 5 of 14
Personnel
Each of us will authorize a person to represent us in all matters concerning this Agreement.
These representatives will be available throughout the term of this Agreement. Each of us
will 1) address all notices to the other’s representative and 2) promptly notify the other in
writing if this person is replaced.
You agree to not hire or attempt to hire any Andrews Technology employee on either a
temporary or permanent basis, either directly or through a third party, without the express
written consent of Andrews Technology.
Ownership and Proprietary Rights
Notwithstanding anything to the contrary stated herein, no transfer is made to Customer of
any ownership to or proprietary rights in the Licensed Products, software programs,
software interfaces and Documentation, and all copies of the Licensed Products, software
programs, software interfaces and Documentation, including modifications by Andrews
Technology contained in customized versions and related software. Customer shall NOT
have any right to copy any Licensed Products, software programs, software interfaces and
Documentation for use, sale, sublicensing, distribution or any other purpose.
Compliance with Laws
You agree to comply, and assist us in complying, with all applicable 1) Federal, State, and
local laws and regulations and 2) building codes, ordinances, and standards.
Prices, Payment, and Taxes
You will pay to Andrews Technology the price reflected in City of New Hope Response
Form. Payment is due on the dates agreed. Annual Maintenance after year one will be
billed directly from Andrews Technology to the City of New Hope.
Charges for services outside of the scope of the Customer Master Agreement; Project Plan
and Statement of Work are billed at a rate of $225/hour including travel. Our payment
terms are Net 30.
You agree to pay all transportation charges as required by the project and mutually agreed
upon for the shipment of Equipment and Program Products (if applicable) to the location
you specify.
Occasionally a manufacturer will charge us “rework” charges if a configuration is changed
after a certain point in the manufacturing cycle. We will make every effort to avoid rework
charges on your behalf. If rework charges are incurred due to configuration changes
requested by you, these charges will be passed on to you. You will be notified in advance
of such charges.
Confidentiality
Andrews Technology will maintain the confidentiality of any information received
throughout this project. This includes any confidential employee information. Upon
termination Andrews Technology will return any confidential information at the request of
the Customer. Customer has the responsibility of extracting any data from the system prior
to the termination date. After the termination date access to the database will no longer be
granted.
Page 6 of 14
Termination
We may terminate this agreement or associated document for non-payment upon
providing thirty days written notice. Otherwise, a Statement of Work terminates when our
obligations under it are met.
You may terminate this Agreement effective upon the completion of the Statement of
Work.
Customer may terminate the agreement if it does not appropriate funding to continue the
use of UKG, or related services. To so terminate, Customer most give Andrews Technology
written notice of the non-appropriation at least 30 days before the next annual billing
following the non-appropriation. Customer may also terminate for cause. Andrews
Technology will be provided a 30 day cure period to resolve any identified issues to prevent
the termination.
Any terms of this Agreement, which by their nature extend beyond its termination, remain
in effect until fulfilled, and apply to respective successors and assignees.
Electronic Communications
Each of us may communicate with the other by electronic means. Each of us agrees that
email and respective attachments when accepted by return email are binding.
Governing Law
The laws of the State of Minnesota govern this Agreement. Any legal action brought under
this agreement shall be brought only in the State of Minnesota.
Agreed to: City of New Hope Agreed to: Andrews Technology
By: By:
Authorized signature Authorized signature
_____Jamie Blundell_______________
Name (type or print): Name (type or print):
______________________________ President______________
Title Title
Date: Date:
City of New Hope Andrews Technology
Page 7 of 14
STATEMENT OF WORK
ANDREWS TECHNOLOGY – DELIVERABLES
As per the electronically attached “Order Form – Exhibit A”, Andrews Technology has
the following responsibilities throughout the three phased Project Plan as described above:
Software Phase
• Delivery of Software as described on Andrews Technology Purchase Order Form
• Installation of UKG Web Based Software on UKG Servers
• Configuration of Software
• Rules Questionnaire Assistance
• Employee File Creation Assistance
• Installation of Rules and Employee File
• Installation of BS&A Interface
• Unlimited Training of all Administrators and Supervisors Associated with Phase I
o Training is central site or via web
• System Testing (Adjustments as Required)
• Support During Go Live Period
• Unparalleled Customer Service During all of the Above
Hardware Phase – (HID Prox)
• Delivery of Wall Mounted Hardware
• Installation of Hardware
• Unlimited Training of all Administrators and Supervisors Associated with Phase II
o Training is central site or via web
• System Testing (Adjustments as Required)
• Support During Go Live Period
• Unparalleled Customer Service During all of the Above
Go Live Phase
• Unlimited Training of all Administrators and Supervisors Associated with Phase III
o Training is central site or via web
• System Testing (Adjustments as Required)
• Support During Go Live Period
• Unparalleled Customer Service During all of the Above
Ongoing System Maintenance (see “Maintenance Agreement – Exhibit B”)
o Includes all hardware and software listed on Andrews Technology Purchase
Order Form(s)
Page 8 of 14
Other Andrews Technology Installation Responsibilities
To ensure an optimally performing UKG System, Andrews Technology will perform the
following:
• Provide a person who will function as the Project Manager, responsible for securing
and scheduling resources for City of New Hope.
• Verify that all hardware and technology readiness checks have been completed.
• If necessary, recommend a Network Readiness and Performance Assessment to
ascertain what improvements are required to provide sufficient response time.
• Understand any other applications that will reside on the database server, and
discuss any performance implications.
• Advise the customer of any conditions, which, in the opinion of Andrews
Technology, will reduce the performance of the UKG System.
• Provide server configuration assistance as requested.
Customer Installation Responsibilities
• Schedule personnel for appropriate Andrews Technology training classes to be held
at a central customer site or via the web.
• Unless otherwise specified on the order form, Customer is responsible for any
ethernet cabling/jacks, phone lines, power and surge suppression at the terminal
locations, unless otherwise noted.
• Provide a Customer Project Manager whose responsibilities include but are not
limited to:
o Participate in periodic meetings and status conference calls.
o Review and approve all Project Plan Phases.
• Andrews Technology will need a completed pay rules questionnaire addressing
specific pay policies, basic work rules and overtime limits. Andrews Technology
must receive the completed document within three (3) weeks of scheduled
installation date. The pay rules survey establishes the baseline rules used to
initialize the UKG system. During the Implementation Phase you will have an
opportunity to test your baseline rules.
• Provide Andrews Technology with payroll contact information for interfacing to the
payroll system, if applicable.
• Work with your Andrews Technology project leader to verify communications to all
terminals.
Page 9 of 14
• Provide Andrews Technology access to the appropriate resources during all phases.
• Provide appropriate resources to test the UKG System to the System Specification.
• Sign-off that the Software Phase Responsibilities have been completed.
• Sign-off that the Hardware Phase Responsibilities have been completed. (If
Applicable)
• Sign-off that the Go Live Phase Responsibilities have been completed.
Professional Services Overview
Payroll Rules Questionnaire:
The purpose of this document is to assist your payroll staff in defining the rules and
regulations that govern your labor cost management requirements. This survey is also
used as a guideline for Andrews Technology to custom configure your UKG system. Your
staff members responsible for payroll and work regulations should complete this. Your
Andrews Technology Representative will guide you through this survey and Andrews
Technology technical staff members will answer any questions that you may have.
Employee File Creation:
City of New Hope is responsible for the creation of an employee import file. The content of
which will be discussed with your assigned Andrews Technology project leader.
Software Configuration and Programming
Once your Payroll Rules Questionnaire and Employee File are created, your UKG software
will be configured to meet your specifications. During Phase I, test data will be entered
and test reports will be generated and validated. This will be a thorough process.
Modifications will be made as required.
Ethernet Cable/Phone Line Installation (Not Applicable)
City of New Hope is responsible for the installation of all Ethernet cable and jacks and
phone lines/jacks. Andrews Technology can assist you by providing information regarding
the correct type of communications cable and proven installation techniques to insure error
free transfer of punch data from the terminal to your UKG software. If POE is an identified
requirement, Ethernet Jacks would not be necessary and Andrews Technology would
design and implementation work accordingly.
Software Installation:
Communications will be tested between the server and terminal(s) after the customer
installs the hardware.
Page 10 of 14
Software Training:
The next aspect of the Implementation Phase of the project is the training of the key users
and supervisors. Arrangements should be made to allow for uninterrupted training. This
ensures that the quality of the training received is the highest possible. All training will be
central site (at the customer’s main office or via the web). City of New Hope is responsible
for notifying all attendees of their assigned class schedule. All software training for key
users and supervisors is unlimited in availability. (See below for more information)
Hardware Trainer: Andrews Technology upon completion of software installation will
train the customer’s Installer as to how to install and program selected terminals. (Not
Applicable)
Implementation Testing and Adjustments:
Once the hardware and software is installed, programming and configuration of the system
will be tested and adjustments may be made. Any changes that need to be made which
vary from the pay rules survey will be identified as a change order item and may be billed
on a time and materials basis. It is highly recommended that City of New Hope run a
parallel test for one (1) to two (2) pay periods. This gives the UKG key users and
supervisors time to familiarize themselves with the operation of the new software, as well
as, develop new ways for management information review.
Interface Installation and Training:
The BS&A Payroll interface should be reviewed by the project leaders from both teams to
determine if any modifications are required. The BS&A Payroll interface will be tested and
is 100% guaranteed to work in accordance with the customer’s application specifications.
Page 11 of 14
Software Training Overview
Key User Training
Suggested Attendees: Payroll Manager, HR Manager, Supervisor/Administrative
Assistant
Course Description – Initial Training For Key Users
This session will last for approximately six hours at your facility after the installation of
the software. The class is intended to provide participants with an understanding of
how to maintain employee records and schedules, setup supervisor’s privileges and
accounts, edit timesheets and process reports. This course also provides key users
with an understanding of pay period operations that are necessary for keeping track of
and managing employee time and labor data, as well as accessing and interpreting pay
period based reports.
Course Description – Follow-up Training for Key Users
Following the initial training session and system installation, Andrews Technology
support personnel will return for a second training session at your facility. This session
will be for the previously trained employees and will last from two to four (2 to 4)
hours. It will be a review of the first class; and an opportunity to answer any questions
that have come up since the first training session. Additional classes are available at no
additional charge.
Supervisor Training
Suggested Attendees: Supervisors and Supervisor Assistants
Course Description- Initial Supervisor Training
This course provides participants with an understanding of the daily operations that are
necessary for keeping track of and managing employee time and labor data. This
includes providing information needed to build and maintain individual and group
schedules. Procedures will be covered for the standard client and the Supervisor and
Employee Web Services. This training is available at the customer’s central site or via
the web. Class size should not exceed 12 students per class (maximum 2 hours per
class). Supervisors are expected to train their employees on the use of Employee Web
Services (if appropriate). Andrews Technology will train supervisors as to how to train
their employees how to use biometric terminals. Andrews Technology has full
responsibility for training employees on the use of all data collection technology
(EWS/Swipe/Biometric).
Course Description – Follow-up Training for Supervisors
Following the initial training session and system installation, Andrews Technology
support personnel will return for a second training session at your facility. This session
will be a refresher for previously trained employees, and an introduction for supervisors
not yet trained. The class will last from two to four hours. It will be a review of the
first class; and an opportunity to answer any questions that have come up since the
first training session. Additional classes are available at no charge. Our quote includes
24/7/365 support and unlimited webex training/support.
Page 12 of 14
Statement Of Work Phase Completion Sign-Off
When a Phase is complete, a meeting of both implementation teams is held. At this meeting, the system is
signed off as being complete for all areas of responsibility as addressed in the Statement of Work.
Software Phase Sign-Off
Agreed to: City of New Hope Agreed to: Andrews Technology
By: By:
Authorized signature Authorized signature
_____Jamie Blundell_______________
Name (type or print): Name (type or print):
______________________________ President______________
Title Title
Date: Date:
City of New Hope Andrews Technology
Hardware Phase Sign-Off
Agreed to: City of New Hope Agreed to: Andrews Technology
By: By:
Authorized signature Authorized signature
_____Jamie Blundell_____
Name (type or print): Name (type or print):
______________________________ President______________
Title Title
Date: Date:
City of New Hope Andrews Technology
Go Live Phase Sign-Off
Agreed to: City of New Hope Agreed to: Andrews Technology
By: By:
Authorized signature Authorized signature
____Jamie Blundell_______
Name (type or print): Name (type or print):
______________________________ President______________
Title Title
Date: Date:
City of New Hope Andrews Technology
Page 13 of 14
Exhibit B - Maintenance Agreement
Execution below entitles City of New Hope (the “Customer”) to full maintenance coverage
provided by Andrews Technology (“Vendor”) for the attached time and attendance system
for five years from the date of execution below. This agreement is renewed automatically
every five years unless advised by the Customer in writing no less than thirty days prior to
the five year anniversary of the date of execution of this agreement.
Maintenance coverage is all inclusive and is described in more detail below:
• On-Site Maintenance includes the following features:
o All technicians are dispatched locally
o Service is available 24 hours-a-day; seven days-a-week.
o Customer’s assigned technical team can be reached directly by cell phone
24/7.
o Toll-Free support is available as a back-up to direct contact with assigned
technical team.
o On-site support is available.
o Machine replacement is next day provided call received prior to 2:00pm.
o Parts replacement is next day provided call is received prior to 2:00pm as
mentioned above.
o Customer is responsible for annually completing brief “Customer Satisfaction
Survey” to determine assigned technician’s performance regarding above
standards.
• Hardware depot maintenance. Vendor will overnight the customer a replacement
device. The Customer is responsible for sending the failing device back to the
Vendor.
• Labor
• Hardware upgrades
• Software upgrades
• Toll-free online support
• On-line support
If the customer elects not to execute this document, and therefore be covered on a time
and materials basis, the customer is responsible for all machine and parts replacements.
The Vendor’s hourly rate for service, including travel, is $225 per hour (two hour
minimum). Hardware and software upgrades are chargeable to the Customer when not
covered under maintenance contract.
Maintenance Terms
WARRANTEE: Vendor warrants the listed products to be free from defects in material and
workmanship, and perform in material respects in accordance with the system
specifications (or equivalent) document under normal use for the Warranty Period of 90
days. The term of this agreement will begin after the expiration of the warranty, run for a
term of five years from such date, and continue for subsequent five-year terms thereafter
until terminated. After the first 5 year term, maintenance will be billed at the applicable
rate at that time.
Page 14 of 14
MAINTENANCE COVERAGE: Five years of software and equipment support for the products
listed above will be provided by Vendor to maintain proper functioning of the entire system
and the replacement of malfunctioning devices. This signed agreement provides unlimited
remote telephone and/or internet support, covering any questions with the configuration or
operation of the system. Software updates or patches of the installed version will be
provided on a need, or request, basis at no additional charge.
SUPPORT TERMS: Support is available twenty-four hours a day; seven days a week except
holidays. Without a support contract, service will be billed at the prevailing hourly rate. In
this instance, there will be a two hour minimum per phone call for support.
PRICE INCREASES: The annual maintenance charges will not exceed the consumer price
index in place at the time of the announced increase. Historically 3% annually.
LIMITS OF LIABILITY: Failure due to customer alteration of equipment with which the
above products are connected, moving or altering of the software or equipment, and/or
any problems caused by such actions are not covered under this agreement and are
subject to billing at the prevailing hourly rate. This agreement does not cover accidents,
misuse, theft, power failure/surge, lightning or storm, or other casualties. The
unserviceability of the products will be solely determined by the Vendor. This agreement is
not valid until properly signed by the Customer’s authorized agent and the Vendor, and
may not be amended unless approved by both parties, in writing, and signed by a duly
authorized officer of both parties. This agreement may be canceled by either party upon
30 days written notice. Terms are net, paid yearly in advance and renewed each year at
the prevailing rates. Additional equipment, or software, may be added by the customer
providing written notification. In no situation, will the Vendor, or its employees, be held
responsible for any loss incurred pertaining to the use, misuse, or failure of the above-
mentioned products and or services.
Agreed to: City of New Hope Agreed to: Andrews Technology
By: By:
Authorized signature Authorized signature
_____Jamie Blundell______
Name (type or print): Name (type or print):
______________________________ President______________
Title Title
Date: Date:
City of New Hope Andrews Technology
I:\RFA\PUBWORKS\2024\Council\1039 Public Works Expansion\6.16 Change Order 6
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: Public Works
By: Bernie Weber, Public Works Director
Agenda Title
Resolution approving Change Order No. 6 for a deduction of $6,000 with Rochon Corporation for
Phase 1 Improvements at the Public Works Facility (Improvement Project No. 1039)
Requested Action
Staff recommends approval of the Change Order No. 6 deduction to the contract for Phase 1 Improvements at
the Public Works Facility (Improvement Project No. 1039) in the amount of $6,000.
Policy/Past Practice
The City Council considers change orders when unforeseen circumstances arise, or changes are recommended
for a city project.
Background
The City Council awarded a construction contract to Rochon Corporation at the May 24, 2021 council meeting
in the amount of $2,316,000. Stantec architects and engineers are providing oversight.
Since the start of the project, the following change orders have been approved as reflected on the final payment
request:
Change Order Item
Change Order
No. 1 – 7/26/21
Floor sink/drain, venting, and temporary compressor/water heater
relocation, replace concrete aprons, and concrete slab credit.
Change Order
No. 2 – 10/11/21
Owner removed trees credit, elimination of two windows and removal of
exhaust fan credit, spray foam masonry cells, additional B618 concrete
curb and gutter, insulate existing concrete blocks above window/door
openings, delete exterior draintile credit, and additional fire sprinkler
heads.
Change Order
No. 3 – 12/13/21
Network switch allowance, IT room filter ventilation, concrete walk by
gates/island area, concrete apron by north entrance, additional concrete at
sand interceptors, overhead door loop detector, and alterations to soil
storage building.
Change Order
No. 4 – 2/28/22
Spread and compact city supplied Class 5 aggregate base, relocate RTU‐2
unit, replace three‐phase with single phase exhaust fan, and temporary
asphalt ramps and striping.
Change Order
No. 5 – 10/24/22
Additional light fixtures and long‐range RFID readers. There was also a
price increase for the wear course paving and patching work in 2022.
Total of change order numbers 1‐5: $136,390.42
(continues on the next page)
Agenda Section
Consent
Item Number
6.15
Change Order No. 6 includes deductions and additions of the following items:
1. Damage to Washing Machine
The existing washing machine at the Public Works Facility was dented during construction activities. A
price credit was negotiated due to this damage. $200 (deduct to the contract).
2. Damage to Ventilation Hose Reel in Mechanic’s Bay
The ventilation hose reel was damaged during construction activities. A new hose reel was needed. A
price credit to replace the damaged ventilation hose reel was negotiated. $750 (deduct to the contract).
3. Painting of New Concrete Block
New blocks were placed when new windows were inserted into the existing building. Some of those
blocks were not painted by the contractor’s painting subcontractor. Public works staff painted those
blocks, and a price credit was negotiated for this work. $1,500 (deduct to the contract).
4. Labor & Equipment for Installation of Precast Concrete T’s and L’s in Soil Storage Building
The supplier of the T’s and L’s did not have the equipment to set the precast structures with the roof
placed on the soils building. Extra equipment and labor were needed to install the T’s and L’s. This
equipment and labor were not part of the original change order associated with the soils building. The
cost for this additional work was $2,624.76. The cost of the credits for Items 1, 2, and 3 was $2,450. As
part of negotiations, the cost of this labor and equipment was reduced to $2,450 to equal the cost of the
credit for Items 1, 2, and 3. $2,450 (add to the contract).
5. Provide Concrete Pavement in lieu of Asphalt Pavement
The existing bituminous maintenance strip between the east curb and gutter and chain link fence was
disturbed during construction. The contractor was required to replace this maintenance strip under the
contract. As part of coordination on completion of that work, the discussion of placing concrete in lieu
of bituminous was brought up by the contractor. Public works felt concrete would provide a longer life
for the maintenance strip, and a price addition was negotiated for this work. $3,000 (add to the
contract).
6. Final Project Cost Adjustment
The mechanics bay flooring was recoated as part of the project. The material used for recoating was the
same material used on the original floor. After the contractor placed the initial coating, there were
locations where the coating bubbled. Tests were done and it was found that moisture was coming
through the existing concrete floor. A moisture inhibitor was recommended by the coating supplier.
The contractor removed the new coating, placed a moisture inhibitor, and then placed the coating for
the second time. After placement, there were locations where the coating bubbled again. Additional
concrete testing was done, and no evidence of near‐surface aggregate reactivity was documented. As
part of closeout of the project, a price credit was negotiated. $9,000 (deduct to the contract).
(continues on the next page)
Change Order No. 6 Summary:
Damage to Washing Machine $ 200.00 Deduct
Damage to Ventilation Hose Reel in Mechanic’s Bay
Painting of New Concrete Block
Labor & Equipment for Installation of Precast Concrete T’s and L’s
Provide Concrete Pavement in lieu of Asphalt Pavement
Final Project Cost Adjustment
$ 750.00
$1,500.00
$2,450.00
$3,000.00
$9,000.00
Deduct
Deduct
Add
Add
Deduct
Total Change Order No. 6 $ 6,000.00 Deduct
Inclusion of Change Order No. 6 revises the contract amount to $2,446,390.42.
Funding
At the June 24, 2021 council meeting a separate capital fund for the public works facility was established in the
amount of $2,550,000. The contract award was $2,316,000 and indirect costs were estimated at $192,280, for a
total estimated project cost of $2,508,280. At the November 8, 2021 council meeting, the council approved the
transfer of city hall bond proceeds in the amount of $400,000 to the public works capital fund. At the January
24, 2022 council meeting, the council approved a transfer of CARE’S ACT funds from Temporary Financing to
the public works capital fund. There are adequate funds to pay for the change orders.
Funding
Public Works facility capital fund $ 2,550,000.00
City hall bond proceeds (11/8/21) $400,000.00
CARES funds (1/24/22) $741,664.00
Total $3,691,664.00
Expenses – general contractor
Rochon Corp $2,316,000.00
Change order #1‐#6 $130,390.42
Revised contract amount $2,446,390.42
Expenses ‐ other
ITT Geotech. services (10/11/21) $7,325.00
Indirect costs (Stantec) – appx. $192,280.00
Total $199,605.00
Remaining fund balance is $1,045,658.58.
Attachments
Resolution
Engineer’s Memo
Change Order No. 6
City of New Hope
Resolution No. 2024 ‐
Resolution approving Change Order No. 6 for a deduction of $6,000
with Rochon Corporation for Phase 1 Improvements at the Public Works Facility
(Improvement Project No. 1039)
WHEREAS, the city has received the request for Change Order No. 6 from Stantec Consulting Services for
Rochon Corporation for the Phase 1 Improvements at the Public Works Facility (Improvement
Project No. 1039) for a deduction of $6,000; and
WHEREAS, the items in Change Order No. 6 include damage to the washing machine and ventilation hose
reel, painting of new concrete block, labor and equipment for installation of precast T’s and L’s,
providing concrete pavement in lieu of asphalt pavement, and final project cost adjustments;
and
WHEREAS, the original contract with Rochon Corporation was in the amount of $2,316,000; and
WHEREAS, Change Order No. 6, in addition to the previous change orders, revises the contract amount to
$2,446,390.42.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope that Change Order No. 6
for a deduction of $6,000 is approved and the contract amount with Rochon Corporation is
revised, and all other respects of the contract shall remain in full force and effect according to its
terms.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of January,
2024.
______________________________
Mayor
Attest: ________________________
City Clerk
Stantec Consulting Services Inc.
733 Marquette Avenue, Suite 1000
Minneapolis, MN 55402
December 28, 2023
File:193804913
Attention: Bernie Weber, Director of Public Works
City of New Hope
5500 International Parkway
New Hope, MN 55428
Reference: Change Order No. 6 – New Hope Public Works Facility – Phase 1 Improvements
City Project No: 1039
Dear Bernie,
The above referenced change order relates to the following items:
(1)Damage to washing machine. The existing washing machine was dented during
construction activities. A price credit was negotiated due to this damage. $200.00
(deduct to the contract).
(2)Damage to ventilation hose reel in mechanic’s bay. The ventilation hose reel was
damaged during construction activities. A new hose reel was needed. A price credit to
replace the damaged ventilation hose reel was negotiated. $750.00 (deduct to the
contract).
(3)Painting of new concrete block. New blocks were placed when new windows were
inserted into the existing building. Some of those blocks were not painted by the
contractor’s painting subcontractor. Public works staff painted those blocks, and a price
credit was negotiated for this work. $1,500 (deduct to the contract).
(4)Labor and equipment to install precast T’s and L’s in soil storage building. The supplier of
the T’s and L’s did not have the equipment to set the precast structures with the roof
placed on the soils building. Extra equipment and labor were needed to install the T’s and
L’s. This equipment and labor were not part of the original change order associated with
the soils building. The cost for this additional work was $2,624.76. The cost of the credits for
Items 1, 2, and 3 was $2,450. As part of negotiations, the cost of this labor and equipment
was reduced to $2,450 to equal the cost of the credit for Items 1, 2, and 3. $2,450 (add to
the contract)
(5)Provide concrete pavement in lieu of asphalt pavement. The existing bituminous
maintenance strip between the east curb and gutter and chain link fence was disturbed
December 28, 2023
Bernie Weber
Page 2 of 2
Reference: Change Order No. 5 – New Hope Public Works Facility – Phase 1 Improvements
during construction. The contractor was required to replace this maintenance strip under
the contract. As part of coordination on completion of that work, the discussion of placing
concrete in lieu of bituminous was brought up by the contractor. Public works felt
concrete would provide a longer life for the maintenance strip, and a price addition was
negotiated for this work. $3,000 (add to the contract).
(6)Final project cost adjustment. The mechanics bay flooring was recoated as part of the
project. The material used for recoating was the same material used on the original floor.
After the contractor placed the initial coating, there were locations where the coating
bubbled. Tests were done and it was found that moisture was coming through the existing
concrete floor. A moisture inhibitor was recommended by the coating supplier. The
contractor removed the new coating, placed a moisture inhibitor, and then placed the
coating for the second time. After placement, there were locations where the coating
bubbled again. Additional concrete testing was done, and no evidence of near-surface
aggregate reactivity was documented. As part of closeout of the project, a price credit
was negotiated. $9,000 (deduct to the contract).
The deducts to the contract are $11,450 ($200 + $750 + $1,500 + $9,000). The adds to the contract
are $5,450 ($2,450 + $3,000). The total of Change Order 6 is a deduct of $6,000 to the Revised
Contract. ($11,450 deduct - $5,450 add). The Revised Contract amount will be $2,446,390.42
($2,452,390.42 (Previous Revised Contract) - $6,000.00 (Change Order 6)).
We recommend approval of the work described above and included in Change Order No. 6. If
you have any questions or require further information, please call me at (612) 712-2021.
Sincerely,
STANTEC CONSULTING SERVICES INC.
Dan D. Boyum, P.E.
Attachments: Change Order No. 6
CC: Reece Bertholf, Valorie Leone, Nick Macklem – New Hope; Stacy Woods – City Attorney;
Bruce Paulson – Stantec.
I:\RFA\PUBWORKS\2024\Council\1039 Public Works Phase 1\Final Payment & Close Out
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: Public Works
By: Bernie Weber, Director
Agenda Title
Resolution approving final payment to Rochon Corporation in the amount of $134,331.94 for the Public
Works Facility Phase 1 Expansion (Improvement Project No. 1039)
Requested Action
Staff recommends that the Council accept the Public Works Facility Phase 1 Improvement Project and
authorize final payment.
Policy/Past Practice
The City Council routinely considers public infrastructure improvement projects to extend the useful life of
the infrastructure and/or improve the level of service.
Background
A Public Works Facility expansion which intended to upgrade facilities and increase interior storage space for
vehicles and equipment was planned in 2016 but was postponed until at least 2020 due to the police
station/city hall and pool/park improvement projects. In 2020, the engineer prepared a feasibility report to
determine estimated cost of all necessary work, and it was determined that the project should be split into
phase 1 and phase 2 improvements. By phasing these improvements, the city avoided bonding for this work.
Phase 1 improvements included a new security system, cameras, and gates; new soils storage building and
truck storage renovation; pavement replacement; mechanics bay improvements, parts room renovation,
repainting wall, sealer and parking spaces; relocated fitness room; trench drain corrections; and new garage
doors.
The city received seven bids at the May 6, 2021 bid opening, and a contract was awarded to the lowest
responsible bidder Rochon Corporation Minnesota at the May 24, 2021 city council meeting. Work began in
2021 and a substantial portion of the project was completed by the end of 2022. Punchlist items were
completed in 2023. Engineering and city staff recommend approval of the final payment of $134,331.94 to
Rochon Corporation Minnesota, and final close out of the Public Works Facility Phase 1 Improvements
(Project No. 1039).
Funding
The final construction amount is $2,446,390.42 which is $136,390.42 over the original contract of $2,316,000.
This amount was increased by $130,390.42 to reflect the approved change orders on the project.
Attachments
Resolution
City Engineer’s Memorandum
Final Pay Request
Agenda Section
Consent
Item Number
6.16
City of New Hope
Resolution No. 2024 ‐
Resolution approving final payment to Rochon Corporation
in the amount of $134,331.94 for the Public Works Facility Phase 1 Expansion
(Improvement Project No. 1039)
WHEREAS, the infrastructure improvement identified followed the pavement management strategy
adopted by the Council; and
WHEREAS, the city has entered into a contract with Rochon Corporation Minnesota for construction of
the Public Works Facility Phase 1 Expansion (Improvement Project No. 1039); and
WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project
number 1039 and approve final payment to Rochon Corporation Minnesota in the amount
of $134,331.94 and
WHEREAS, the city engineer has reported that all work and documentation has been satisfactorily
completed and recommends, along with staff, final payment be made to Rochon
Corporation Minnesota.
NOW, THEREFORE, BE IT RESOLVED,
1. That the City Council accepts the Public Works Facility Phase 1 Expansion
(Improvement Project No. 1039) from Rochon Corporation Minnesota.
2. That the city manager is hereby directed to authorize the final payment in the amount of
$134,331.94.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of
January, 2024.
Mayor
Attest:
City Clerk
Stantec Consulting Services Inc.
733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309
December 28, 2023
File:193804913
Attention:Bernie Weber, Director of Public Works
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Dear Bernie,
Reference: Final Payment Request No. 14 – Public Works Facility – Phase 1 Improvements
City Project No. 1039
Enclosed find the Final Payment Request No. 14 for the above referenced project. The contractor,
Rochon Corporation Minnesota, has completed the work in accordance with the contract plans
and specifications and has submitted IC-134 documents. We are waiting for confirmation on
receipt of their record plans and some operation and maintenance (O&M) documents.
Therefore, it is recommended that final payment of $134,331.94 be made and the City of New
Hope accepts the project, contingent on receipt of the record plans and some O&M documents
from the contractor.
The Final Construction Amount is $2,446,390.42. The Original Contract was $2,316,000, and this
amount was increased by $130,390.42 to reflect the approved change orders on the project.
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: Final Pay Request No. 14, IC-134 Forms, and other closeout documents
c.Reece Bertholf, Valerie Leone, Nick Macklem – New Hope; Stacy Woods – City Attorney; Bruce Paulson –
Stantec.
December 15, 2023
I:\RFA\PUBWORKS\2024\Council\1106 Public Works Phase 2 Expansion\1‐08 Award Contract
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: Public Works
By: Bernie Weber, Public Works Director
Agenda Title
Resolution awarding contract to Rochon Corporation for construction of the Public Works Facility
Phase 2 Expansion (Improvement Project No. 1106)
Requested Action
Staff recommends that the Council pass a resolution awarding contract to Rochon Corporation for
construction of Phase 2 improvements at the Public Works facility (Improvement Project No. 1106).
Policy/Past Practice
It is a past practice of staff to request direction from the City Council on potential improvement projects or
expansions to city facilities. The cost of a Public Works expansion was first identified in the city’s 2018 Capital
Improvement Plan. An update on planning the Phase 2 expansion was presented at the May 15, 2023 council
work session. A resolution approving plans and specifications and authorizing bids was approved at the
November 13, 2023 council meeting.
Background
Since construction in 1979, there have been several additions to the public works building/central garage
including in 2000, when a new garage bay, additional storage, office space, and a vehicle lift were added. Space
available at the central garage has reached capacity. Staff maintains approximately 173 pieces of equipment, 34
police vehicles, and several heavy‐duty trucks. There are 29 vehicles and pieces of equipment that are always
stored outside and 12 vehicles and pieces of equipment that are stored outside when not in use. Originally a full
expansion which intended to upgrade facilities and increase interior storage space for vehicles and equipment
was planned in 2016 but was postponed until at least 2020 due to the police station/city hall and pool/park
improvement projects. In 2020, the engineer prepared a feasibility report to determine estimated cost of all
necessary work, and it was determined that the project should be split into phase 1 and phase 2 improvements.
By phasing these improvements, the city avoids bonding for this work. Phase 1 improvements were completed
in 2021 and 2022 and included a new security system, cameras, and gates; new soils storage building and truck
storage renovation; pavement replacement; mechanics bay air conditioning, parts room renovation, repaint
wall, sealer, and parking spaces; relocated fitness room; and trench drain replacement.
The city has been allocating funds to pay for the Phase 2 improvements with the intent to avoid bonding for
the improvements. Phase 2 improvements are scheduled to begin construction in 2024. A breakdown of the
Phase 2 improvements is listed below:
Public Works Facility expansion with approximately 20,000 square‐feet of new garage/equipment
storage.
Renovation of the existing garage/equipment storage space to improve vehicle circulation and
equipment storage.
Agenda Section
Development &
Planning
Item Number
8.1
Provide a new fuel dispensing system for diesel fuel and unleaded gasoline adjacent to the new
garage/equipment storage addition.
Security improvements both inside and out at the building expansion.
Remove existing overhead door and enlarge opening.
Installation of electric vehicle charging stations.
Pavement replacement and site improvements on the remaining areas not addressed with the Phase 1
improvements.
The city received ten bids at the December 14, 2023 bid opening, and the bid tab is attached. The low bidder on
the project was Rochon Corporation with a Part 1 base bid of $3,621,524.63, Part 2 alternate bid of $75,000.00,
and Part 3 unit prices bid of $415,969.44, for a total of $4,112,494.07. This cost compares to the Engineer’s
opinion of probable cost of $5,350,961.00. The difference between the Engineer’s probable cost estimate and the
low bid is likely related to a recent decrease in metal pricing, and a slowdown in the residential and
commercial construction market leading to a very competitive bidding climate. Staff recommends awarding
the project including Part 1, Part 2, and Part 3 to Rochon Corporation.
Funding
The total project cost, including indirect, is $4,865,343.48, see table below. In preparation for this project, the
city has saved $5,767,592 in the central garage fund that will cover the project expenses.
Item Amount
Part 1 – Base Bid Public Works Facility Phase 2 Expansion $3,621,524.63
+ Part 2 ‐ Alternate No. 1 ‐ Skylights $75,000.00
+ Part 3 ‐ Civil Site Utilities and Parking Lot Improvements $415,969.44
Subtotal ‐ Construction $4,112,494.07
+ 10% Contingency $411,249.41
Total Estimated Construction $4,523,743.48
+ Indirect Costs $321,600.00
+ Construction Testing $20,000.00
Total Estimated Project Costs $4,865,343.48
Attachments
Resolution
Engineering Memo
Bid Tab
City of New Hope
Resolution No. 24‐
Resolution awarding contract to Rochon Corporation for construction
of the Public Works Facility Phase 2 Expansion
(Improvement Project No. 1106)
WHEREAS, city staff has identified the need for building improvements specified in the 2023 CIP; and
WHEREAS, plans and specifications for the Phase 2 Improvements at the public works facility, Project
No. 1106, have been prepared by consultant engineers, Stantec, and approved by Council;
and
WHEREAS, the city has received acceptable bids and the Council does hereby determine to proceed with
the Phase 2 Improvement project; and
WHEREAS, the adjusted total bid of $4,112,494.07 from Rochon Corporation that includes Part 1, Part 2,
and Part 3 is the lowest responsible bid submitted; and
WHEREAS, funding is available in the central garage fund to fund improvement project 1106.
NOW, THEREFORE, BE IT RESOLVED,
1. That the contract of public improvement project no. 1106, the Phase 2 Improvements
at the public works facility, is awarded to Rochon Corporation.
2. That the mayor and city manager are authorized and directed to sign the same.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of
January, 2024.
_____________
Mayor
Attest:_____________________________
City Clerk
Stantec Architecture Inc.
733 Marquette Avenue, Suite 1000, Minneapolis MN 55402
December 14, 2023
Honorable Mayor and City Council
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re: New Hope Public Works Facility Phase 2 Expansion
City Project No. 1106
Stantec Project No. 193806297
Bid Results
Dear Honorable Mayor and City Council:
Bids were opened for the Project stated above on December 14, 2023. Transmitted herewith is a
copy of the Bid Tabulation for your information and file. Copies will also be distributed to each
Bidder once the Project has been awarded.
There was a total of 10 Bids. The following summarizes the results of the Bids received:
Contractor Total Part 1 Total Part 2 Total Part 3
Low Rochon Corporation $3,621,524.63 $75,000.00 $415,969.44
#2 Shingobee Builders, Inc. $3,616,353.00 $79,450.00 $444,311.30
#3 Ebert Companies $3,667,000.00 $71,840.00 $436,030.22
#4 Met-Con Construction, Inc. $3,699,000.00 $78,600.00 $428,427.90
#5 Jorgenson Construction, Inc. $3,722,930.00 $81,000.00 $466,339.05
#6 Versacon, Inc. $3,764,000.00 $76,612.00 $436,350.00
#7 Weber, Inc. $4,027,000.00 $96,122.00 $549,070.85
#8 Construction Results Corp. $4,037,389.00 $107,709.00 $530,578.65
#9 Dering Pierson Group $4,057,000.00 $60,000.00 $475,192.55
#10 Ironmark Building Co. $4,160,744.62 $63,809.00 $428,076.17
The Bids listed above have been reviewed and found to be in order.
The Low Bidder on the Project was Rochon Corporation. with a Total Part 1 Base Bid of
$3,621,524.63, Part 2 Alternate bid of $75,000.00, and Part 3 Unit Prices bid of $415,969.44. This cost
compares to the Engineer’s Opinion of Probable Cost of $5,350,961.00.
If the City Council wishes to award the Project to the Low Bidder, then Rochon Corporation should
be awarded the Project with a Total Part 1 - Base Bid, Part 2 – Alternate No. 1, and Part 3 – Unit
Prices in the amount of $4,112,494.07.
Should you have any questions, please feel free to contact me at 612-712-2108.
Sincerely,
STANTEC ARCHITECTURE INC.
Bruce P. Paulson, RA
Enclosure – Bid Tabulation
Project Name:City Project No.:1106 Stantec Project No.:Bid Opening:Owner:Bruce Paulson, RALicense No. 20910BID TABULATIONItem NumItem Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price TotalPART 1 - BASE BID:1-1. MATERIALS, EQUIPMENT. AND LABOR NECESSARY TO CLS 1 $3,621,524.63 $3,621,524.63 $3,616,353.00 $3,616,353.00 $3,667,000.00 $3,667,000.00 $3,699,000.00 $3,699,000.00TOTAL PART 1$3,621,524.63 $3,616,353.00 $3,667,000.00 $3,699,000.00PART 2 - ALTERNATES (SEE SECTION 01 20 00 FOR DESCRIPTIONS):2-1. ALTERNATE NO. 1: MATERIALS, LABOR, AND EQUIPMENTLS 1 $75,000.00 $75,000.00 $79,450.00 $79,450.00 $71,840.08 $71,840.08 $87,600.00 $87,600.00TOTAL PART 2$75,000.00 $79,450.00 $71,840.08 $87,600.00PART 3 - BASE BID: CIVIL SITE UTILITIES AND PARKING LOT IMPROVEMENTS3-1. STREET SWEEPER WITH PICKUP BROOM HR 20 $183.75 $3,675.00 $182.00 $3,640.00 $166.40 $3,328.00 $240.45 $4,809.003-2. INLET PROTECTION EA 2 $420.00 $840.00 $300.00 $600.00 $208.00 $416.00 $211.05 $422.103-3. SILT FENCE, TYPE MACHINE SLICED LF 250 $3.68 $920.00 $3.50 $875.00 $2.08 $520.00 $8.93 $2,232.503-4. TEMPORARY CONSTRUCTION ENTRANCE LS 1 $2,100.00 $2,100.00 $1,500.00 $1,500.00 $2,600.00 $2,600.00 $1,669.50 $1,669.503-5. EROSION CONTROL BLANKET, CAT. 3 SY 900 $1.91 $1,719.00 $2.80 $2,520.00 $2.08 $1,872.00 $3.05 $2,745.003-6. RECLAIM AND STOCKPILE BITUMINOUS PAVEMENT SY 6150 $1.58 $9,717.00 $4.00 $24,600.00 $2.14 $13,161.00 $3.36 $20,664.003-7. REMOVE BITUMINOUS MAINTENANCE STRIP CY 30 $7.35 $220.50 $25.00 $750.00 $20.80 $624.00 $35.44 $1,063.203-8. REMOVE CONCRETE CURB AND GUTTER LF 955 $6.30 $6,016.50 $7.00 $6,685.00 $2.91 $2,779.05 $6.93 $6,618.153-9. REMOVE CONCRETE PAVEMENT (SPECIAL) SF 1580 $1.31 $2,069.80 $7.00 $11,060.00 $1.04 $1,643.20 $1.68 $2,654.403-10. REMOVE CONCRETE PAVEMENT SF 889 $1.31 $1,164.59 $2.00 $1,778.00 $1.04 $924.56$1.26 $1,120.143-11. REMOVE 6-FT HIGH FENCE LF 661 $3.94 $2,604.34 $4.50 $2,974.50 $7.28 $4,812.08 $5.04 $3,331.443-12. REMOVE AND REPLACE PROPERTY IRON LS 1 $525.00 $525.00 $150.00 $150.00 $520.00 $520.00 $1,683.15 $1,683.153-13. REMOVE TREE - CLEAR AND GRUB EA 10.00 $735.00 $7,350.00 $520.00 $5,200.00 $416.00 $4,160.00 $721.35 $7,213.503-14. GRUBBING (SPECIAL) EA 1 $1,050.00 $1,050.00 $1,000.00 $1,000.00 $520.00 $520.00 $1,197.00 $1,197.003-15. REMOVE BRUSH LS 1 $1,050.00 $1,050.00 $1,000.00 $1,000.00 $1,040.00 $1,040.00 $2,404.50 $2,404.503-16. REMOVE SANITARY SEWER PIPE LF 80 $24.15 $1,932.00 $23.00 $1,840.00 $15.60 $1,248.00 $33.60 $2,688.003-17. SANITARY SEWER MANHOLE OVER EXISTING PIPE EA 1 $9,225.30 $9,225.30 $8,786.00 $8,786.00 $5,720.00 $5,720.00 $10,636.50 $10,636.503-18. 6" PVC SCHEDULE 40 SANITARY SEWER SERVICE PIPE LF 50 $56.70 $2,835.00 $54.00 $2,700.00 $67.60 $3,380.00 $76.13 $3,806.503-19. CONNECT TO EXISTING SANITARY SEWER EA 1 $931.35 $931.35 $887.00 $887.00 $988.00 $988.00 $1,764.00 $1,764.003-20. ADJUST STORM STRUCTURE EA 3 $652.05 $1,956.15 $621.00 $1,863.00 $676.00 $2,028.00 $1,323.00 $3,969.003-21.6" PVC PERFORATED DRAIN TILE LF 120$34.65 $4,158.00 $33.00 $3,960.00 $19.76 $2,371.20 $47.78 $5,733.603-22. CONNECT TO STRUCTURE (DRAINTILE) EA 2$236.25 $472.50 $225.00 $450.00 $572.00 $1,144.00 $1,690.50 $3,381.003-23.6" PVC CLEAN-OUT EA 2 $535.50 $1,071.00 $510.00 $1,020.00 $790.40 $1,580.80 $800.10 $1,600.203-24. COMMON EXCAVATION (P) CY 1120 $6.30 $7,056.00 $9.50 $10,640.00 $22.88 $25,625.60 $13.65 $15,288.003-25.COMMON BORROW (CV)CY 200 $21.00 $4,200.00 $33.00 $6,600.00 $27.35 $5,470.00 $21.00 $4,200.003-26. GEOTEXTILE FABRIC TYPE 5 SY 5860 $1.31 $7,676.60 $2.25 $13,185.00 $2.08 $12,188.80 $1.89 $11,075.403-27. SELECT GRANULAR BORROW - MODIFIED (CV) CY 1660 $26.25 $43,575.00 $30.80 $51,128.00 $27.35 $45,401.00 $21.53 $35,739.803-28.SHAPE AND PLACE RECLAIMED MATERIAL FOR SELECT GCY 1300 $6.30 $8,190.00 $9.50 $12,350.00 $9.57 $12,441.00 $5.04 $6,552.003-29.SHAPE AND PLACE RECLAIMED MATERIAL FOR AGGRE TN 2690 $5.25 $14,122.50 $9.50 $25,555.00 $8.74 $23,510.60 $3.47 $9,334.30I hereby certify that this is an exactreproduction of bids received.New Hope Public Works Facility Phase 2 ExpansionNew Hope, MinnesotaThursday, December 14, 2023 at 2:00 PM CST193806297Bidder No. 1Rochon Corporation Shingobee Builders, Inc.Bidder No. 2 Bidder No. 4Ebert Inc. dba Ebert Companies Met-Con Construction, Inc.Bidder No. 3193806297-Bid Tabs.xlsmBT-1
BID TABULATIONItem NumItem Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price TotalBidder No. 1Rochon Corporation Shingobee Builders, Inc.Bidder No. 2 Bidder No. 4Ebert Inc. dba Ebert Companies Met-Con Construction, Inc.Bidder No. 33-30. AGGREGATE BASE, CLASS 5 - (SPECIAL) TN 42 $31.50 $1,323.00 $25.00 $1,050.00 $20.80 $873.60 $63.53 $2,668.263-31. TYPE SP 12.5 NON-WEARING COURSE MIXTURE (3,C) TN 675 $118.02 $79,663.50 $92.37 $62,349.75 $111.42 $75,208.50 $96.99 $65,468.253-32. TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) TN 505 $108.70 $54,893.50 $96.16 $48,560.80 $126.60 $63,933.00 $100.97 $50,989.853-33. BITUMINOUS MATERIAL FOR TACK COAT GAL 280 $4.73 $1,324.40 $8.04 $2,251.20 $2.24 $627.20 $8.44 $2,363.203-34. MASTIC PRIOR TO WEAR PAVING LF 1080 $2.85 $3,078.00 $2.32 $2,505.60 $2.53 $2,732.40 $2.44 $2,635.203-35. LOAM TOPSOIL BORROW CY 89 $29.40 $2,616.60 $15.00 $1,335.00 $23.92 $2,128.88 $35.44 $3,154.163-36. MODULAR BLOCK WALL SF 250 $38.85 $9,712.50 $46.00 $11,500.00 $38.48 $9,620.00 $38.85 $9,712.503-37. CONCRETE CURB AND GUTTER DESIGN B618 LF 1080 $27.14 $29,311.20 $25.85 $27,918.00 $23.97 $25,887.60 $34.34 $37,087.203-38. 4" CONCRETE SIDEWALK SF 1770 $8.87 $15,699.90 $8.45 $14,956.50 $6.55 $11,593.50 $5.60 $9,912.003-39. 4" CONCRETE MAINTENANCE STRIP SF 1540 $8.87 $13,659.80 $8.45 $13,013.00 $6.24 $9,609.60 $7.00 $10,780.003-40. 8" CONCRETE PAVEMENT SY 135 $117.18 $15,819.30 $111.60 $15,066.00 $84.24 $11,372.40 $79.64 $10,751.403-41. RED OAK (S.N. = QUERCUS BOREALIS) 5' - 7' HT EA 2 $550.54 $1,101.08 $524.32 $1,048.64 $545.29 $1,090.58 $1,560.30 $3,120.603-42.U OF M DOGWOOD (S.N. = CORNUS) 2-3 GALLON SIZEEA 12 $189.26 $2,271.12 $180.25 $2,163.00 $187.46 $2,249.52 $164.85 $1,978.203-43. EVERGREEN TREE 5' - 7' HT EA 3 $605.82 $1,817.46 $576.97 $1,730.91 $600.05 $1,800.15 $1,562.40 $4,687.203-44. SEED MIXTURE 25-151 SY 900 $4.55 $4,095.00 $4.33 $3,897.00 $4.50 $4,050.00 $5.25 $4,725.003-45. 6' HIGH CHAIN LINK FENCE LF 480 $34.78 $16,694.40 $33.12 $15,897.60 $41.08 $19,718.40 $34.78 $16,694.403-46. SALVAGE AND REINSTALL CHAIN LINK OPACITY SLATS SY 320 $35.85 $11,472.00 $34.14 $10,924.80 $26.00 $8,320.00 $35.85 $11,472.003-47. 4" LINE - PAINT LF 105 $4.46 $468.30 $5.00 $525.00 $5.20 $546.00 $10.01 $1,051.053-48. PAVEMENT MARKING AND SIGN - HANDICAP STALL LS 1 $1,475.25 $1,475.25 $1,350.00 $1,350.00 $1,404.00 $1,404.00 $700.35 $700.353-49. EXPLORATORY DIGGING HR 4 $262.50 $1,050.00 $243.00 $972.00 $312.00 $1,248.00 $720.30 $2,881.20TOTAL PART 3$415,969.44 $444,311.30 $436,030.22 $428,427.90TOTAL PART 1$3,621,524.63 $3,616,353.00 $3,667,000.00 $3,699,000.00TOTAL PART 2$75,000.00 $79,450.00 $71,840.08 $87,600.00TOTAL PART 3$415,969.44 $444,311.30 $436,030.22 $428,427.90TOTAL$4,112,494.07 $4,140,114.30$4,174,870.30 $4,215,027.90Phone:Email:paulbraton@rochoncorp.comjhormann@shingobee.commebert@ebertcompanies.comalex.sammon@met-con.comSigned By: Nancy A. SamsonMarkus Ebert Rancy McDonoughTitle:Executive Vice PresidentCEOVice President/Secretary PresidentBid Bond Bid Bond Bid Bond Bid Bond1, 2, 3, 4, 5 1, 2, 3, 4, 5 1, 2, 3, 4, 5 1, 2, 3, 4, 5Paul BratonBid Security:Addenda Acknowledged:(763) 559-9393 (763) 498-7844 (507) 332-2266(952) 288-517323350 County Rd. 10Met-Con Construction, Inc.15760 Acorn TrailFaribault, MN 55021Corcoran, MN 5535728 2nd Street NW. #200Osseo, MN 55369Shingobee Builders, Inc.669 North Medina St.Loretto, MN 55357Contractor Name and Address:Rochon Corporation Ebert Inc. dba Ebert Companies193806297-Bid Tabs.xlsmBT-2
Project Name:City Project No.:1106Bid Opening:BID TABULATIONItem NumItem Units QtyPART 1 - BASE BID:1-1. MATERIALS, EQUIPMENT. AND LABOR NECESSARY TO CLS 1TOTAL PART 1PART 2 - ALTERNATES (SEE SECTION 01 20 00 FOR DESCRIPTIONS):2-1. ALTERNATE NO. 1: MATERIALS, LABOR, AND EQUIPMENTLS 1TOTAL PART 2PART 3 - BASE BID: CIVIL SITE UTILITIES AND PARKING LOT IMPROVEMENTS3-1. STREET SWEEPER WITH PICKUP BROOM HR 203-2. INLET PROTECTION EA 23-3. SILT FENCE, TYPE MACHINE SLICED LF 2503-4. TEMPORARY CONSTRUCTION ENTRANCE LS 13-5. EROSION CONTROL BLANKET, CAT. 3 SY 9003-6. RECLAIM AND STOCKPILE BITUMINOUS PAVEMENT SY 61503-7. REMOVE BITUMINOUS MAINTENANCE STRIP CY 303-8. REMOVE CONCRETE CURB AND GUTTER LF 9553-9. REMOVE CONCRETE PAVEMENT (SPECIAL) SF 15803-10. REMOVE CONCRETE PAVEMENT SF 8893-11. REMOVE 6-FT HIGH FENCE LF 6613-12. REMOVE AND REPLACE PROPERTY IRON LS 13-13. REMOVE TREE - CLEAR AND GRUB EA 10.003-14. GRUBBING (SPECIAL) EA 13-15. REMOVE BRUSH LS 13-16. REMOVE SANITARY SEWER PIPE LF 803-17. SANITARY SEWER MANHOLE OVER EXISTING PIPE EA 13-18. 6" PVC SCHEDULE 40 SANITARY SEWER SERVICE PIPE LF 503-19. CONNECT TO EXISTING SANITARY SEWER EA 13-20. ADJUST STORM STRUCTURE EA 33-21.6" PVC PERFORATED DRAIN TILE LF 1203-22. CONNECT TO STRUCTURE (DRAINTILE) EA 23-23.6" PVC CLEAN-OUT EA 23-24. COMMON EXCAVATION (P) CY 11203-25.COMMON BORROW (CV)CY 2003-26. GEOTEXTILE FABRIC TYPE 5 SY 58603-27. SELECT GRANULAR BORROW - MODIFIED (CV) CY 16603-28.SHAPE AND PLACE RECLAIMED MATERIAL FOR SELECT GCY 13003-29.SHAPE AND PLACE RECLAIMED MATERIAL FOR AGGRE TN 2690New Hope Public WoThursday, December Unit Price Total Unit Price Total Unit Price Total Unit Price Total$3,722,930.00 $3,722,930.00 $3,764,000.00 $3,764,000.00 $4,027,000.00 $4,027,000.00 $4,037,389.00 $4,037,389.00$3,722,930.00 $3,764,000.00 $4,027,000.00 $4,037,389.00$81,000.00 $81,000.00 $76,612.00 $76,612.00 $96,122.00 $96,122.00 $107,709.00 $107,709.00$81,000.00 $76,612.00 $96,122.00 $107,709.00$182.00 $3,640.00 $200.02 $4,000.40 $275.00 $5,500.00 $175.00 $3,500.00$300.00 $600.00 $171.81 $343.62 $330.00 $660.00 $300.00 $600.00$3.50 $875.00 $2.36 $590.00 $5.50 $1,375.00 $5.00 $1,250.00$1,500.00 $1,500.00 $3,028.08 $3,028.08 $2,750.00 $2,750.00 $2,500.00 $2,500.00$2.80 $2,520.00 $1.80 $1,620.00 $3.90 $3,510.00 $1.92 $1,728.00$4.00 $24,600.00 $1.08 $6,642.00 $3.85 $23,677.50 $3.50 $21,525.00$25.00 $750.00 $46.29 $1,388.70 $55.00 $1,650.00 $50.00 $1,500.00$7.00 $6,685.00 $6.42 $6,131.10 $4.40 $4,202.00 $4.00 $3,820.00$7.00 $11,060.00 $1.02 $1,611.60 $3.30 $5,214.00 $3.00 $4,740.00$2.00 $1,778.00 $1.36 $1,209.04 $2.75 $2,444.75 $2.50 $2,222.50$4.50 $2,974.50 $5.89 $3,893.29 $2.20 $1,454.20 $2.00 $1,322.00$1,700.00 $1,700.00 $605.84 $605.84 $586.00 $586.00 $5,000.00 $5,000.00$520.00 $5,200.00 $662.39 $6,623.90 $1,100.00 $11,000.00$1,000.00 $10,000.00$1,000.00 $1,000.00 $710.22 $710.22 $1,650.00 $1,650.00 $1,500.00 $1,500.00$1,000.00 $1,000.00 $1,641.68 $1,641.68 $2,200.00 $2,200.00 $2,000.00 $2,000.00$23.00 $1,840.00 $53.99 $4,319.20 $14.30 $1,144.00 $13.00 $1,040.00$8,786.00 $8,786.00 $16,029.90 $16,029.90 $13,750.00 $13,750.00 $12,500.00 $12,500.00$54.00 $2,700.00 $9.88 $494.00 $165.00 $8,250.00 $150.00 $7,500.00$887.00 $887.00 $5,888.26 $5,888.26 $1,100.00 $1,100.00 $1,000.00 $1,000.00$621.00 $1,863.00 $243.18 $729.54 $550.00 $1,650.00 $500.00 $1,500.00$33.00 $3,960.00 $16.13 $1,935.60 $22.00 $2,640.00 $20.00 $2,400.00$225.00 $450.00 $1,239.70 $2,479.40 $1,100.00 $2,200.00 $1,000.00 $2,000.00$510.00 $1,020.00 $265.29 $530.58 $1,100.00 $2,200.00 $1,000.00 $2,000.00$9.50 $10,640.00 $8.59 $9,620.80 $25.30 $28,336.00 $23.00 $25,760.00$33.00 $6,600.00 $13.63 $2,726.00 $11.00 $2,200.00 $10.00 $2,000.00$2.25 $13,185.00 $1.26 $7,383.60 $3.83 $22,443.80 $3.50 $20,510.00$30.80 $51,128.00 $19.43 $32,253.80 $30.80 $51,128.00 $28.00 $46,480.00$9.50 $12,350.00 $4.69 $6,097.00 $5.50 $7,150.00 $20.00 $26,000.00$9.50 $25,555.00 $3.35 $9,011.50 $7.42 $19,959.80 $12.50 $33,625.00Bidder No. 5 Bidder No. 6Jorgenson Construction Inc. Versacon, Inc.Bidder No. 7 Bidder No. 8Weber, Inc. Construction Results Corp.193806297-Bid Tabs.xlsmBT-3
BID TABULATIONItem NumItem Units Qty3-30. AGGREGATE BASE, CLASS 5 - (SPECIAL) TN 423-31. TYPE SP 12.5 NON-WEARING COURSE MIXTURE (3,C) TN 6753-32. TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) TN 5053-33. BITUMINOUS MATERIAL FOR TACK COAT GAL 2803-34. MASTIC PRIOR TO WEAR PAVING LF 10803-35. LOAM TOPSOIL BORROW CY 893-36. MODULAR BLOCK WALL SF 2503-37. CONCRETE CURB AND GUTTER DESIGN B618 LF 10803-38. 4" CONCRETE SIDEWALK SF 17703-39. 4" CONCRETE MAINTENANCE STRIP SF 15403-40. 8" CONCRETE PAVEMENT SY 1353-41. RED OAK (S.N. = QUERCUS BOREALIS) 5' - 7' HT EA 23-42.U OF M DOGWOOD (S.N. = CORNUS) 2-3 GALLON SIZEEA 123-43. EVERGREEN TREE 5' - 7' HT EA 33-44. SEED MIXTURE 25-151 SY 9003-45. 6' HIGH CHAIN LINK FENCE LF 4803-46. SALVAGE AND REINSTALL CHAIN LINK OPACITY SLATS SY 3203-47. 4" LINE - PAINT LF 1053-48. PAVEMENT MARKING AND SIGN - HANDICAP STALL LS 13-49. EXPLORATORY DIGGING HR 4TOTAL PART 3TOTAL PART 1TOTAL PART 2TOTAL PART 3TOTALPhone:Email:Signed By:Title:Bid Security:Addenda Acknowledged:Contractor Name and Address:Unit Price Total Unit Price Total Unit Price Total Unit Price TotalBidder No. 5 Bidder No. 6Jorgenson Construction Inc. Versacon, Inc.Bidder No. 7 Bidder No. 8Weber, Inc. Construction Results Corp.$25.00 $1,050.00 $29.03 $1,219.26 $130.90 $5,497.80 $119.00 $4,998.00$106.71 $72,029.25 $119.69 $80,790.75 $115.61 $78,036.75 $105.00 $70,875.00$125.91 $63,584.55 $135.86 $68,609.30 $116.05 $58,605.25 $119.75 $60,473.75$4.88 $1,366.40 $2.44 $683.20 $5.00 $1,400.00 $2.15 $602.00$2.71 $2,926.80 $2.75 $2,970.00 $1.85 $1,998.00 $1.50 $1,620.00$15.00 $1,335.00 $36.20 $3,221.80 $82.50 $7,342.50 $75.00 $6,675.00$37.00 $9,250.00 $40.84 $10,210.00 $44.00 $11,000.00 $60.00 $15,000.00$29.00 $31,320.00 $32.62 $35,229.60 $31.90 $34,452.00 $29.00 $31,320.00$7.05 $12,478.50 $10.78 $19,080.60 $9.90 $17,523.00 $9.00 $15,930.00$7.55 $11,627.00 $11.06 $17,032.40 $9.90 $15,246.00 $9.00 $13,860.00$85.00 $11,475.00 $98.14 $13,248.90 $141.90 $19,156.50 $129.00 $17,415.00$524.32 $1,048.64 $594.86 $1,189.72 $550.00 $1,100.00 $1,425.00 $2,850.00$180.25 $2,163.00 $204.50 $2,454.00 $77.00 $924.00 $250.00 $3,000.00$576.97 $1,730.91 $654.59 $1,963.77 $385.00 $1,155.00 $1,100.00 $3,300.00$4.33 $3,897.00 $4.91 $4,419.00 $2.20 $1,980.00 $5.00 $4,500.00$39.50 $18,960.00 $37.58 $18,038.40 $112.80 $54,144.00 $33.12 $15,897.60$25.00 $8,000.00 $38.73 $12,393.60 $6.80 $2,176.00 $34.14 $10,924.80$21.70 $2,278.50 $5.67 $595.35 $6.30 $661.50$5.00 $525.00$2,000.00 $2,000.00 $1,531.63 $1,531.63 $2,887.50 $2,887.50 $1,350.00 $1,350.00$243.00 $972.00 $482.76 $1,931.04 $440.00 $1,760.00 $485.00 $1,940.00$466,339.05 $436,350.97 $549,070.85 $530,578.65$3,722,930.00 $3,764,000.00$4,027,000.00 $4,037,389.00$81,000.00 $76,612.00 $96,122.00 $107,709.00$466,339.05 $436,350.97 $549,070.85 $530,578.65$4,270,269.05 $4,276,962.97 $4,672,192.85 $4,675,676.65stevem@jorgensonconstruction.comczierhut@versaconinc.comsweber@webercompanies.commike.luurtsema@constructionresults.coSteve McMahon Charles Zierhut Stephen T. Weber Mike LuurtesemaVice President President President PresidentBid Bond Bid Bond Bid Bond Bid Bond1, 2, 3, 4, 5 1, 2, 3, 4, 5 1, 2, 3, 4, 5 1, 2, 3, 4, 5(651) 770-5350 (763) 559-1100Jorgenson Construction Inc. Versacon, Inc.9255 East River Rd. NW 9443 Science Center Dr.Minneapolis, MN 55433 New Hope, MN 55428(763) 784-3877 (763) 391-5610Weber, Inc. Construction Results Corp.2497 7th Ave. E., Suite 110 5465 Highway 169 NorthNorth St. Paul, MN 55109 Plymouth, MN 55442193806297-Bid Tabs.xlsmBT-4
Project Name:City Project No.:1106Bid Opening:BID TABULATIONItem NumItem Units QtyPART 1 - BASE BID:1-1. MATERIALS, EQUIPMENT. AND LABOR NECESSARY TO CLS 1TOTAL PART 1PART 2 - ALTERNATES (SEE SECTION 01 20 00 FOR DESCRIPTIONS):2-1. ALTERNATE NO. 1: MATERIALS, LABOR, AND EQUIPMENTLS 1TOTAL PART 2PART 3 - BASE BID: CIVIL SITE UTILITIES AND PARKING LOT IMPROVEMENTS3-1. STREET SWEEPER WITH PICKUP BROOM HR 203-2. INLET PROTECTION EA 23-3. SILT FENCE, TYPE MACHINE SLICED LF 2503-4. TEMPORARY CONSTRUCTION ENTRANCE LS 13-5. EROSION CONTROL BLANKET, CAT. 3 SY 9003-6. RECLAIM AND STOCKPILE BITUMINOUS PAVEMENT SY 61503-7. REMOVE BITUMINOUS MAINTENANCE STRIP CY 303-8. REMOVE CONCRETE CURB AND GUTTER LF 9553-9. REMOVE CONCRETE PAVEMENT (SPECIAL) SF 15803-10. REMOVE CONCRETE PAVEMENT SF 8893-11. REMOVE 6-FT HIGH FENCE LF 6613-12. REMOVE AND REPLACE PROPERTY IRON LS 13-13. REMOVE TREE - CLEAR AND GRUB EA 10.003-14. GRUBBING (SPECIAL) EA 13-15. REMOVE BRUSH LS 13-16. REMOVE SANITARY SEWER PIPE LF 803-17. SANITARY SEWER MANHOLE OVER EXISTING PIPE EA 13-18. 6" PVC SCHEDULE 40 SANITARY SEWER SERVICE PIPE LF 503-19. CONNECT TO EXISTING SANITARY SEWER EA 13-20. ADJUST STORM STRUCTURE EA 33-21.6" PVC PERFORATED DRAIN TILE LF 1203-22. CONNECT TO STRUCTURE (DRAINTILE) EA 23-23.6" PVC CLEAN-OUT EA 23-24. COMMON EXCAVATION (P) CY 11203-25.COMMON BORROW (CV)CY 2003-26. GEOTEXTILE FABRIC TYPE 5 SY 58603-27. SELECT GRANULAR BORROW - MODIFIED (CV) CY 16603-28.SHAPE AND PLACE RECLAIMED MATERIAL FOR SELECT GCY 13003-29.SHAPE AND PLACE RECLAIMED MATERIAL FOR AGGRE TN 2690New Hope Public WoThursday, December Unit Price Total Unit Price Total$4,057,000.00 $4,057,000.00 $4,160,744.62 $4,160,744.62$4,057,000.00 $4,160,744.62$60,000.00 $60,000.00 $63,809.00 $63,809.00$60,000.00 $63,809.00$160.00 $3,200.00 $229.00 $4,580.00$250.00 $500.00 $201.00 $402.00$3.50 $875.00 $8.50 $2,125.00$3,500.00 $3,500.00 $1,590.00 $1,590.00$2.80 $2,520.00 $2.90 $2,610.00$3.46 $21,279.00 $3.20 $19,680.00$100.00 $3,000.00 $33.75 $1,012.50$3.75 $3,581.25 $6.60 $6,303.00$1.63 $2,575.40 $1.60 $2,528.00$1.35 $1,200.15 $1.20 $1,066.80$7.50 $4,957.50 $4.80 $3,172.80$4,627.00 $4,627.00 $1,600.00 $1,600.00$520.00 $5,200.00 $687.00 $6,870.00$1,000.00 $1,000.00 $1,140.00 $1,140.00$1,000.00 $1,000.00 $2,290.00 $2,290.00$20.00 $1,600.00 $32.00 $2,560.00$10,000.00 $10,000.00 $10,130.00 $10,130.00$36.50 $1,825.00 $72.50 $3,625.00$2,300.00 $2,300.00 $1,680.00 $1,680.00$700.00 $2,100.00 $1,260.00 $3,780.00$30.00 $3,600.00 $45.50 $5,460.00$500.00 $1,000.00 $1,610.00 $3,220.00$510.00 $1,020.00 $762.00 $1,524.00$35.50 $39,760.00 $13.00 $14,560.00$16.91 $3,382.00 $20.00 $4,000.00$2.10 $12,306.00 $1.80 $10,548.00$23.97 $39,790.20 $20.50 $34,030.00$6.60 $8,580.00 $4.80 $6,240.00$4.00 $10,760.00 $3.30 $8,877.00Bidder No. 9Dering Pierson GroupBidder No. 10Ironmark Building Co.193806297-Bid Tabs.xlsmBT-5
BID TABULATIONItem NumItem Units Qty3-30. AGGREGATE BASE, CLASS 5 - (SPECIAL) TN 423-31. TYPE SP 12.5 NON-WEARING COURSE MIXTURE (3,C) TN 6753-32. TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) TN 5053-33. BITUMINOUS MATERIAL FOR TACK COAT GAL 2803-34. MASTIC PRIOR TO WEAR PAVING LF 10803-35. LOAM TOPSOIL BORROW CY 893-36. MODULAR BLOCK WALL SF 2503-37. CONCRETE CURB AND GUTTER DESIGN B618 LF 10803-38. 4" CONCRETE SIDEWALK SF 17703-39. 4" CONCRETE MAINTENANCE STRIP SF 15403-40. 8" CONCRETE PAVEMENT SY 1353-41. RED OAK (S.N. = QUERCUS BOREALIS) 5' - 7' HT EA 23-42.U OF M DOGWOOD (S.N. = CORNUS) 2-3 GALLON SIZEEA 123-43. EVERGREEN TREE 5' - 7' HT EA 33-44. SEED MIXTURE 25-151 SY 9003-45. 6' HIGH CHAIN LINK FENCE LF 4803-46. SALVAGE AND REINSTALL CHAIN LINK OPACITY SLATS SY 3203-47. 4" LINE - PAINT LF 1053-48. PAVEMENT MARKING AND SIGN - HANDICAP STALL LS 13-49. EXPLORATORY DIGGING HR 4TOTAL PART 3TOTAL PART 1TOTAL PART 2TOTAL PART 3TOTALPhone:Email:Signed By:Title:Bid Security:Addenda Acknowledged:Contractor Name and Address:Unit Price Total Unit Price TotalBidder No. 9Dering Pierson GroupBidder No. 10Ironmark Building Co.$29.75 $1,249.50 $60.50 $2,541.00$115.61 $78,036.75 $119.04 $80,352.00$116.05 $58,605.25 $103.52 $52,277.60$5.00 $1,400.00 $4.50 $1,260.00$1.85 $1,998.00 $2.43 $2,624.40$50.00 $4,450.00 $33.75 $3,003.75$59.99 $14,997.50 $46.00 $11,500.00$27.70 $29,916.00 $29.00 $31,320.00$9.15 $16,195.50 $7.05 $12,478.50$9.15 $14,091.00 $7.55 $11,627.00$135.00 $18,225.00 $85.00 $11,475.00$524.32 $1,048.64 $524.32 $1,048.64$180.25 $2,163.00 $180.26 $2,163.12$576.97 $1,730.91 $576.97 $1,730.91$4.33 $3,897.00 $4.32 $3,891.15$39.50 $18,960.00 $39.50 $18,960.00$25.00 $8,000.00 $25.00 $8,000.00$10.00 $1,050.00 $5.00 $525.00$1,500.00 $1,500.00 $1,350.00 $1,350.00$160.00 $640.00 $686.00 $2,744.00$475,192.55 $428,076.17$4,057,000.00 $4,160,744.62$60,000.00 $63,809.00$475,192.55 $428,076.17$4,592,192.55 $4,652,629.79mpierson@deringpierson.combrent@ironmarkbuildingco.comMichael Pierson Brent KulverVice President Vice PresidentBid Bond Bid Bond1, 2, 3, 4, 5 1, 2, 3, 4, 5(612) 325-9450 (612) 850-5583Ironmark Building Co.1710 West Lake St.Minneapolis, mN 55408Dering Pierson Group22401 Industrial Blvd.Rogers, MN 55374193806297-Bid Tabs.xlsmBT-6
I:\RFA\City Manager\2024\10.1 ‐ Q&R‐apt acting mayor 01.08.24.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treas.
Agenda Title
Resolution appointing a council member as mayor pro tem for 2024
Requested Action
Staff recommends adopting the resolution to appoint a council member as mayor pro tem.
Policy/Past Practice
The mayor pro tem performs the duties of mayor during the disability or absence of the mayor from the city or, in
case of vacancy in the office of mayor, until a successor has been appointed and qualifies.
Background
This position is rotated among Council Members.
Year Council Member
2013 Hoffe
2014 Stauner
2015 Elder
2016 Lammle
2017 London
2018 Hoffe
2019 Elder
2020 Frazier
2021 London
2022 Hoffe
2023 Isenberg
2024 Elder
It is recommended that Council Member Elder be appointed to the position for 2024. The Council should make
a nomination for mayor pro tem for 2024. If the final decision changes, the resolution will be amended accordingly.
Attachment
Resolution
Agenda Section
Ordinances &
Resolutions
Item Number
10.1
City of New Hope
Resolution No. 2024‐
Resolution appointing Council Member John Elder
as Mayor Pro Tem for 2024
WHEREAS, according to M.S. 412.121 the city council must annually choose a Mayor Pro
Tem from its council members; and
WHEREAS, the Mayor Pro Tem shall perform the duties of mayor during the disability or
absence of the mayor from the city or, in case of vacancy of office of mayor,
until a successor has been appointed and qualifies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that:
Council Member John Elder is appointed Mayor Pro Tem for 2024.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day
of January, 2024.
Mayor
Attest:
City Clerk
I:\RFA\COMM DEV\2024\City Council\01‐08‐24 ISD 281 Appeal Resolution\Q ‐ ISD 281 Appeal Resolution 01‐08‐24.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: Community Development
By: Jeff Sargent, Director
Agenda Title
Resolution by city of New Hope Board of Appeals and Adjustments establishing findings of fact and order
denying Independent School District #281’s appeal alleging error in city staff’s interpretation of zoning code
(5420/5440 State Highway No. 169)
Requested Action
Staff requests that the Board of Appeals and Adjustments approve a resolution by city of New Hope Board of
Appeals and Adjustments establishing findings of fact and order denying Independent School District #281’s
appeal alleging error in city staff’s interpretation of zoning code.
Policy/Past Practice
After the Board of Appeals and Adjustments makes a decision on an appeal, findings of fact supporting the
decision must be approved by resolution.
Background
At the December 11, 2023, Board of Appeals and Adjustments meeting, representatives from the Independent
School District #281 (ISD 281) appealed to the board that the city’s zoning code definition of “trade school”
should include students who are concurrently enrolled in high school and a post‐secondary enrollment option
program. The city zoning code definition of “trade school” is as follows:
Trade school means a school or teaching unit that provides training, apprentice education, or continuing
education in manual, technical, and mechanical skills to post‐secondary education students.
City staff’s opinion is that the definition of trade school only states that the attendees may only be post‐
secondary education students and that high school students who are concurrently enrolled in high school and
a post‐secondary education option program would not qualify. After hearing testimony from the ISD 281 and
city staff, the Board of Appeals and Adjustments concluded that city staff’s interpretation of the definition of
“trade school” was accurate, and that no student current enrolled in high school may be enrolled in a trade
school within the Industrial zoning district in the city of New Hope. In order to memorialize this decision,
findings of fact must be made and approved by resolution.
Recommendation
Staff recommends that the Board of Appeals and Adjustments approve the resolution by city of New Hope
Board of Appeals and Adjustments establishing findings of fact and order denying Independent School District
#281’s appeal alleging error in city staff’s interpretation of zoning code.
Attachments
Resolution
Board of Appeals and Adjustments minutes 12‐11‐23
Agenda Section
Ordinances &
Resolutions
Item Number
10.2
RESOLUTION NO. 24-___
RESOLUTION BY CITY OF NEW HOPE BOARD OF APPEALS AND ADJUSTMENTS
ESTABLISHING FINDINGS OF FACT AND ORDER
DENYING INDEPENDENT SCHOOL DISTRICT #281’S APPEAL ALLEGING ERROR
IN CITY STAFF’S INTERPRETATION OF ZONING CODE
5420/5440 STATE HIGHWAY NO. 169
BE IT RESOLVED by the Board of Appeals and Adjustments of the City of New Hope
as follows:
RECITALS AND FINDINGS OF FACT
1. Pursuant to City Code §§4-30(e) and 1-4 (c) a public hearing was held before the
City of New Hope Board of Appeals and Adjustments on December 11, 2023, on the appeal of
Independent School District #281 (“School District”) of City staff’s interpretation of definition of
“trade school” in the City’s Zoning Code;
2. School District is leasing property at 5420/5440 State Highway No. 169, New
Hope (“Property”), from the Property Owner VCI-VICCOM LLC, a Minnesota limited liability
company;
3. The Property is located in the Industrial (“I”) Zoning District of the City;
4. The intent of City Zoning Code as described in §4-1(b) is in relevant part “to
protect the public health, safety and general welfare of the community and its people through the
establishment of minimum regulations governing development and use.”
5. In accordance with Minn. Stat. §462.357, the City has adopted its Zoning Code and
divided the City into Zoning Districts with regulations to allow different land uses to operate in a
compatible and complementary manner;
6. “Trade School” is a permitted use in the “I” District and is defined in City Code §4-
2 (b) as follows:
Trade school means a school or teaching unit that provides training, apprentice education,
or continuing education in manual, technical, and mechanical skills to post-secondary
education students;
7. Minn. Stat. §120A.05, Subd. 13 defines Secondary School in relevant part as
“school with building, equipment, courses of study, class schedules, enrollment of pupils
ordinarily in grades 7 through 12 or any portion thereof;”
8. The nature and intent of the “I” District is not a safe and appropriate environment
for high school students in light of the intense land uses with high traffic volumes, truck traffic,
noise, and emissions.
2
9. School District seeks to instruct high school students at the Property, where the
high school students may also concurrently obtain college credits;
10. School District alleged that the subject matter of the classes would be of a “trade
school” nature and would be taught to participating high school students who were “concurrently”
enrolled as students receiving college credit as defined in Minn. Stat. §124D.09;
11. School District is proposing to teach only students who have not yet graduated from
high school, in other words, secondary school students;
12. The Board reviewed the School District’s letter brief, the Memorandum of the City
Planner, the Memorandum of the City Attorney, and the Request for Action prior to the hearing;
13. The Board heard the School District’s attorney, Joseph Langel present his argument
supporting the School District’s appeal and the responses made by Stacy Woods, City Attorney,
Al Brixius, City Planner during the public hearing;
14. At the December 11, 2023 public hearing, by a unanimous vote, the Board of
Appeals and Adjustments denied the School District’s appeal.
Based upon the written submissions and the testimony presented at the public hearing, the
New Hope Board of Appeals and Adjustments hereby makes the following Order:
ORDER
1. Based on the Findings of Fact as set out in this Resolution, this Board of Appeals
and Adjustments hereby denies the School District’s appeal alleging error in City
Staff’s interpretation of the Zoning Code’s definition of “Trade School.”
2. Instruction of high school students is not a permitted use in the “I” District as it
does not meet the definition of “Trade School” which definition requires the
education to be provided to “post-secondary education students.”
3. For purposes of the City Zoning Code, instruction of students enrolled in high
school (i.e. secondary school), regardless of the subject matter of the actual
instruction, is not a permitted use in the “I” District.”
4. This order shall take effect immediately.
Dated: January 8, 2024 ____________________________________
Kathi Hemken, Chair of New Hope Board of
Appeals and Adjustments
Attest: ________________________________
Valerie Leone, City Clerk
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rental license 3959 Oregon Ave N.docx
Board of Appeals and Adjustments December 11, 2023
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
Board of Appeals and Adjustments December 11, 2023
Council Chambers
CALL TO ORDER The meeting of the New Hope Board of Appeals and Adjustments was called to order
at 7:24 p.m.
DISTRICT 281
ZONING CODE
APPEAL
Chair Hemken introduced for discussion, Appeal by Independent School District
#281 alleging an error in city staff’s interpretation of the city’s zoning code definition
of “trade school”.
Mr. Joseph Langel, Ratwik, Roszak & Maloney, P.A., representing the Robbinsdale
Area School District, was recognized.
Mr. Langel stated the Robbinsdale Area School District is appealing the
determination made by city staff that the district cannot hold post-secondary
enrollment options (PSEO) classes at the property it leases at 5420-5440 Highway 169.
He stated the school district leases space in the industrial district for warehouse, cold
storage and classes for PSEO students. He stated the specific issue is the definition of
a trade school.
Mr. Langel stated the PSEO students are enrolled with Hennepin Technical College,
are taught by college instructors and receive college credits. He explained city staff
does not consider the high school students to be post-secondary education students.
ROLL CALL Council present:
Staff present:
Also Present:
Kathi Hemken, Chair
John Elder, Board Member
Andy Hoffe, Board Member
Michael Isenberg, Board Member
Jonathan London, Board Member
Reece Bertholf, City Manager
Jeff Alger, Community Development Specialist
Erin Enstad, Abdo
Eric Hanson, Building Official
Tim Hoyt, Director of Police
Rich Johnson, Director of HR/Admin. Services
Beth Kramer, Communications Coordinator
Susan Rader, Director of Parks & Recreation
Jeff Sargent, Director of Community Development
Bernie Weber, Director of Public Works
Stacy Woods, Assistant City Attorney
Al Brixius, City Planner
Sarah Larson, WMFRD Chief
Shelby Wolf, WMFRD Deputy Fire Marshal
Board of Appeals and Adjustments December 11, 2023
Page 2
He stated the definition of post-secondary education does not exclude high school
students.
Mr. Langel pointed out the city adopted the ordinance in 2015. He stated there is
nothing ambiguous about the term PSEO. He stated the city planner alleges the
definition of trade school was intended to distinguish trade schools from high
schools, but that distinction is not made in the code.
Mr. Langel stated in accordance with state statute, PSEO students are college
students.
He referenced comments made by the city attorney and noted the tax exempt status
of the property is not relevant to a zoning code issue.
He stated staff is attempting to redefine trade school in a manner not supported by
the current city code.
In conclusion Mr. Langel indicated a trade school is a permitted use of the property
leased by the district, and PSEO students are by law post-secondary education
students. He stated the district respectfully requests that city staff’s determination be
reversed to allow the district to continue providing the courses.
Ms. Stacy Woods, assistant city attorney, stated the only item of issue is whether city
staff’s interpretation of trade school is in error.
Ms. Woods cited city code section 4-1, Prohibition of uses not specifically authorized:
Whenever in any zoning district a use is neither specifically permitted nor denied,
the use shall be considered prohibited. She stated if K-12 is not a permitted use in an
industrial district, it shall be deemed prohibited. There is nothing in the industrial
zoning district code that states K-12 is a permitted or conditional use. There is a
definition of trade school for post-secondary students. The definition of trade school
per city code section 4-2 is a school or teaching unit that provides training, apprentice
education, or continuing education in manual, technical, and mechanical skills to
post-secondary education students.
She stated the school district’s argument is that the city’s definition of trade school is
inadequate. She stated although city code does not have a definition of post -
secondary schools, Minnesota Statute 120A.05 subd. 13 defines a “secondary” school
as any school with building, equipment, courses of study, class schedules, enrollment
of pupils ordinarily in grades 7 through 12 or any portion thereof, and staff meeting
the standards established by the commissioner of education.
Ms. Woods stated since secondary schools are focused on students in grades 7 -12,
post-secondary schools can be assumed to accommodate students having completed
grade 12.
Ms. Woods pointed out educational buildings are allowed in a residential zoning
district as a conditional use. She stated the fact that similar language in not in the city
code for the industrial zoning district stating K-12 is a permitted or conditional use,
means it is prohibited.
Board of Appeals and Adjustments December 11, 2023
Page 3
Mr. Al Brixius, city planner, provided the background of the ordinance. He stated the
language was set up to provide segregation between land use; not only to protect
people within one site but to protect adjoining properties. He stated in that respect
the limitation is to keep the language of trade schools consistent and compatible with
the existing industries surrounding the property. He stated introduction of school
age persons into an industrial area is not encouraged in order to protect students
from the industrial impact and to protect the existing industries so they are not
encumbered by complaints of nuisance or other incompatibility issues.
Mr. Brixius stated the code was drafted with the anticipation that trade schools
would be reliant on the type of industrial building and trades reflective of the other
industries in the zoning district. He stated staff’s interpretation is that the use at the
leased site is a high school regardless of curriculum or type of instructor as the
instruction is focused on high school students. He indicated staff does not believe the
school belongs in the district and does not believe it is in the best interest of the
students or the existing area industries.
Board Member London questioned whether the students apply for classes directly
through Hennepin Technical College.
Chair Hemken stated the issue at hand is the definition of a trade school.
MOTION
Motion was made by Board Member Elder, seconded by Board Member London,
determining city staff did not err with interpretation of city code. Voted in favor
thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following voted against
the same: None; Abstained: None; Absent: None. Motion carried.
CLOSE HEARING Motion was made by Board Member London, seconded by Board Member Isenberg,
to close the hearing. Voted in favor thereof: Hemken, Elder, Hoffe, Isenberg, London;
and the following voted against the same: None; Abstained: None; Absent: None.
Motion carried.
ADJOURNMENT The meeting of the New Hope Board of Appeals and Adjustments adjourned at 7:46
p.m.
Respectfully submitted,
Valerie Leone, City Clerk
S:\January 8, 2024 Council Meeting\12.1 Q ‐ Upcoming Events.docx
Request for Action
January 8, 2024
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Reece Bertholf, City Manager
Agenda Title
Exchange of communication between members of the city council
Upcoming meetings and events:
Jan. 9 7 p.m. – Citizen Advisory Commission Meeting
Jan. 11 12:30 p.m. – Shingle Creek Watershed Management Commission Meeting
Jan. 15 Martin Luther King Jr. Day, City Offices Closed
Jan. 16 6/6:30 p.m. – City Council Work Session
Jan. 17 5:30 p.m. – North Metro Mayors Board of Directors Meeting
Jan. 18 8:30 a.m. – Bassett Creek Watershed Management Commission Meeting
Jan. 22 7 p.m. – City Council Meeting
Agenda Section
Other Business
Item Number
12.1