12 11 23 City Council MinutesNew Hope City Council December 11, 2023
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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
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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
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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
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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.
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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
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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
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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
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Valerie Leone, City Clerk