072522 City Council Meeting Packet
NEW HOPE CITY COUNCIL
MEETING AGENDA
July 25, 2022
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 2022
CITY COUNCIL MEETING
City Hall, 4401 Xylon Avenue North
Monday, July 25, 2022
7:00 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – July 25, 2022
2. ROLL CALL
3. APPROVAL OF MINUTES:
Work Session Minutes – June 20, 2022
Executive Session Minutes – June 20, 2022
Regular Meeting Minutes – June 27, 2022
4. OPEN FORUM
5. PRESENTATIONS
6. CONSENT BUSINESS
6.2 Approval of financial claims through July 25, 2022
6.4 Motion to accept a $1,260 donation for the golf course
6.5 Resolution approving the Master Partnership Contract between the Minnesota
Department of Transportation and the City of New Hope
6.6 Resolution approving State of Minnesota Joint Powers agreements with the city of New
Hope on behalf of its city attorney and police department
6.7 Resolution approving final payment of $18,987.50 to Northwest Asphalt for the Meadow
Lake/Golf Course Culvert Replacement Project (Improvement Project No. 1037)
6.8 Resolution approving final payment of $6,057.81 to Met‐Con Construction, Inc. for the
Mechanic’s Bay Vehicle Lift Replacement Project (Improvement Project No. 1071)
6.9 Resolution approving the Sandburg Middle School Facility Use Agreement
7. PUBLIC HEARING
7.1 Civil hearing regarding revoking rental property registration permit for 3957 Wisconsin
Avenue, relating to three disorderly behavior violations
8. DEVELOPMENT AND PLANNING
9. PETITIONS AND REQUESTS
10. ORDINANCES AND RESOLUTIONS
10.1 Resolution ratifying the 2023‐2025 labor agreement with Law Enforcement Labor
Services (LELS) Local #273
11. UNFINISHED AND ORGANIZATIONAL BUSINESS
12. OTHER BUSINESS
12.1 Exchange of communication between members of the city council
13. ADJOURNMENT
Memorandum
To: New Hope City Council
From: Tim W. Hoyt, Acting City Manager
Date: July 21, 2022
Subject: Agenda Items for Monday, July 25, 2022
Commission Candidate Interview
An interview for the planning commission has been scheduled for 6:30 p.m. prior to the council
meeting. The application was emailed to Council earlier this week with the calendar invitation.
Items 6.1, 6.2, and 6.3
Item 6.1 – there are no business license requests for this agenda.
Item 6.2 ‐ involves routine financial claims.
Item 6.3 – there are no new liability claims to report.
Item 6.4
A plant sale was hosted by Mayor Hemken on May 21, 2022, at the golf course. The total amount raised was
$1,260. The proceeds will be used to purchase new planters and plants for along the sidewalk from the
parking lot to the clubhouse, adding new irrigation around the new expansion of the putting green, and
purchasing some replacement trees for the course. Staff appreciates the time and energy expended by Mayor
Hemken and friends. Director Rader and I recommend acceptance of the donation.
Item 6.5
This item approves a master partnership contract with the Minnesota Department of Transportation.
Work order contracts can be streamlined by having an executed master agreement on file. The state
requests approval of a master partnership contract every five years. Director Weber and I recommend
approval.
Item 6.6
The city is asked to renew joint powers agreements with the State of Minnesota to allow the police
department and city attorney’s office to access the criminal justice data communications network
provided through the BCA. The state requests renewal of the JPA every five years. The city pays an
annual fee of approximately $4,000 for access to the system, and the cost is budgeted through the police
department’s budget. I recommend approval.
Page 2
Item 6.7
On November 22, 2021, Council approved a contract with Northwest Asphalt for the Meadow
Lake/Golf Course culvert replacement project. The contract was $70,054, and the final construction
amount was $58,590 or $11,464 less than the original contract. The underrun was a result of less chain
link fence requiring replacement. The project was funded by the stormwater budget. Director Weber
and I recommend approval.
Item 6.8
This item accepts the vehicle lift replacement project and authorizes final payment of $6,057.81 to Met
Construction. The final contract amount for installation was $121,156.20. The cost of the lift was
$108,356.27 which results in a total cost of $229,512.47. The 2021 CIP had $200,000 allocated for the lift
replacement. The difference of $29,512.47 will be paid by the central garage reserve fund. Director
Weber and I recommend approval.
Item 6.9
This item approves a new facility use agreement prepared by ISD 281 for use of Sandburg Middle
School’s Gym D from July 1, 2022 through June 30, 2023 for an annual cost of $19,440.72 plus building
supervisor charges. The city has been using the facility since 2010. The lease rate is an approximate 3%
increase over last year and it includes utilities and cleaning. The estimated cost of the building
supervisor fees is $7,200 for a total cost of $26,640.72. Registration revenue from the gymnastics
program covers the lease. Funds are contained in the Recreation budget for the expense. Director Rader
and I recommend approval.
Item 7.1
This is a public hearing to consider revoking the rental property registration permit for 3957 Wisconsin
Avenue. The property was issued a third disorderly behavior slip which led to the hearing to determine the
corrective action. City staff recommends revocation of the rental registration. It is staff’s opinion that the
property owner cannot manage the property in a safe manner for both the tenants and the neighboring
property owners. The city attorney prepared a memorandum outlining the hearing process.
Item 10.1
This resolution ratifies the 2023‐2025 agreement with LELS Local #273 which is comprised of the police
supervisors (sergeants and captains). Council was updated of the ongoing negotiations at a closed
meeting of June 20, 2022. Director Johnson and I recommend approval.
Item 12.1
Mayor Hemken will review the list of upcoming events/meetings. Also, Council may wish to take
action on the recent commissioner interview.
If you have any questions regarding items in the agenda packet, please contact me prior to the
meeting so that staff can research any issues and be prepared to respond at the meeting.
City Council Work Session June 20, 2022
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes
Work Session Meeting
June 20, 2022
Northwood Conference Room
CALL TO ORDER The New Hope City Council met in work session pursuant to due call and notice thereof;
Mayor Hemken called the meeting to order at 6:30 p.m.
ROLL CALL Council present:
Kathi Hemken, Mayor
John Elder, Council Member
Andy Hoffe, Council Member
Michael Isenberg, Council Member
Jonathan London, Council Member
Staff present:
Tim Hoyt, Acting City Manager
Vicki Holthaus, Abdo Financial Solutions
Rich Johnson, Director of HR/Admin. Services
Valerie Leone, City Clerk
Susan Rader, Director of Parks & Recreation
Jeff Sargent, Director of Community Development
CANADIAN PACIFIC
RAIL REGIONAL
TRAIL UPDATE
Item 11.1
Mayor Hemken introduced for discussion item 11.1, Update on Canadian Pacific Rail
Regional Trail with Three Rivers Park District Staff.
Ms. Susan Rader, director of parks and recreation, introduced representatives with
Three Rivers Park District. She indicated the last report from Three Rivers Park District
staff was at the January work session, and they also attended the February 8 Citizen
Advisory Commission meeting. Ms. Rader also introduced Marge Beard, Three Rivers
Park Commissioner for District 1.
Ms. Beard explained she is in attendance to observe the presentation.
Ms. Kelly Grissman, director of planning, and Mr. Danny McCullough, regional trail
system manager, provided an update of the trail and master plan process and potential
routes. Mr. McCullough explained the three proposed route options will be presented
during the community engagement process. He stated Council is not expected to make
any decisions at this time. He stated the trail will be separate from vehicle traffic, will
be a ten‐feet wide bituminous trail, and it will be constructed and maintained by Three
Rivers Park District.
Council commented regarding the pros and cons of trail options A, B and C. It was
noted that a trail along Quebec Avenue may conflict with the disc golf play at
Sunnyside Park. Ms. Grissman indicated existing infrastructure is taken into
consideration. She stated Sunnyside Park can be studied to see if there is a way to
prevent major impact to the park. It was noted that option B connects to many
amenities. Mr. McCullough stated bicyclists tend to enjoy trails that connect to other
parks and communities.
City Council Work Session June 20, 2022
Page 2
Mr. McCullough stated monthly updates will be provided to the parks and recreation
director. He indicated after the public engagement and analysis is complete another
meeting will be held with the City Council before drafting the master plan. Ms.
Grissman stated the process will be very transparent, and the city has the right to
approve the final design of the trail.
Mayor Hemken thanked Three Rivers Park District staff for the report.
RECREATIONAL
VEHICLES
Item 11.2
Mayor Hemken introduced for discussion item 11.2, Discussion on Possible Regulation
of Recreational Vehicles.
Mr. Jeff Sargent, director of community development, explained at the December 2021
work session, the City Council discussed imposing potential limitations on the number
and size/height of recreational vehicles stored on residential properties. He stated the
conversation was initiated by a large boat that was stored during the off‐season in a
resident’s driveway. Recreational vehicles are defined as self‐propelled vehicles or
vehicles stored on licensed trailers which are used primarily for recreational‐leisure
time activities including, but not limited to, campers, tent trailers, motor homes or
other vehicles used for temporary living quarters, boats, canoes, kayaks, all‐terrain
vehicles, snowmobiles, golf carts, race cars, stock‐cars, motorcycles, utility trailers, off‐
road vehicles, and similar vehicles or equipment. No more than three recreational
vehicles or equipment may be stored outside as exterior storage on a property. Any
recreational equipment or vehicles stored on a property in excess of three must be
stored inside of a building. One or more recreational vehicles stored on a trailer
constitutes one vehicle for the purpose of the definition. Recreational equipment and
vehicles may be stored in the front, side, or rear yards except for recreational vehicles
and equipment not allowed to be operated on public streets, such as boats, all‐terrain
vehicles, off road vehicles, snowmobiles, golf carts, racecars, and stock cars. Such
vehicles or equipment must be stored inside of a building or placed on or inside of a
licensed trailer or licensed motor vehicle.
Mr. Sargent stated the city’s regulations do not limit height or length of recreational
equipment. He noted it could be difficult to gain access to a property to take accurate
measurements. He stated the Planning Commission’s Codes and Standards Committee
reviewed the topic in August of 2021 and recommended no change to the current city
code. He indicated the city planner and staff agree with the committee’s opinion but
is willing to conduct further research if so desired by the City Council.
Discussion ensued regarding the practicality of changing the code to address one
situation. It was noted the city has height restrictions on fences and there is technology
to measure objects from a distance. A suggestion was made to encourage the neighbors
to communicate with each other. It was also noted that the item should be owned by
the property owner (not stored for someone else).
Council directed staff to conduction additional research and present options for
amending the code to address storage of large boats in front yards.
2023 BUDGET
DISCUSSION
Mayor Hemken introduced for discussion item 11.3, Preliminary Discussion on 2023
Budget.
City Council Work Session June 20, 2022
Page 3
Item 11.3
Mr. Tim Hoyt, acting city manager, introduced Vicki Holthaus from Abdo, to review
the goals and priorities. He stated staff is also seeking feedback from Council on the
proposed budget and timeline.
Ms. Holthaus highlighted the goals and priorities including local government aid,
central garage funding, PERA contribution rates, administrative charges, IT charges,
election cost increase, council salaries, employee compensation and insurance, park
and street infrastructure levies, the EDA and HRA levies, and debt service levies. She
stated three scenarios have been provided showing the preliminary city levy: 1) a five
percent general fund levy increase would result in an overall 3.89% increase of the
property tax levy; 2) adding $50,000 CIP levies for fire, swimming pool, and city hall
would result in a 4.71% levy increase; and 3) adding $100,000 CIP levies for fire,
swimming pool, and city hall would result in a 5.53% levy increase. She explained that
she along with the directors and the acting city manager will be reviewing the
proposed budgets in detail during July and August.
Ms. Holthaus reviewed the budget timeline and asked Council their opinion on
holding a budget hearing on the same night that the Council adopts the budget. The
consensus of the Council was to continue holding the budget public hearing the week
prior to the budget adoption meeting.
Mr. Hoyt, acting city manager/director of police, reported on staffing for the police
department and recommended a full‐time embedded social worker which would
increase the current $20,000 one‐third cost (of a shared position) to $60,000. He also
recommended hiring an evidence/body worn camera technician for approximately
$70,000. Ms. Susan Rader, director of parks and recreation, requested reinstatement of
the golf course superintendent position estimated at $83,000.
Mayor Hemken noted the cost of the new positions and impact to the budget. Council
Member London emphasized the need for directors to prioritize budget expenditures.
Ms. Holthaus noted the city may receive approximately $100,000 from the upcoming
opioid settlement that could be earmarked for salaries. She stated the police positions
would be funded by the general fund. Ms. Holthaus stated the golf course position
would be funded by the golf course budget and would not impact the city’s levy.
Council directed staff to strive for a maximum of 4% increase in the general fund.
Director Rich Johnson, director of human resources/admin. services, agreed with the
goal of keeping the levy as low as possible, but he added due to the current
employment landscape and increased costs to attract and retain qualified employees,
that goal may not be realistic.
Council thanked Ms. Holthaus and staff for the budget information.
2022 CITY EVENTS
Item 11.4
Mayor Hemken introduced for discussion item 11.4, Discussion on potential 2022 city
events.
Mr. Tim Hoyt, acting city manager, asked for Council’s input on holding the annual
commissioner appreciation event/bus tour on September 13, 2022. Council agreed to
the recommended date.
City Council Work Session June 20, 2022
Page 4
Mr. Hoyt also asked Council to discuss discontinuing City Day or incorporating it into
other events. He explained the event has been held in conjunction with the fire station
open house. There was very low attendance at the last City Day in 2021. The
management team recently discussed whether the benefit is worth the costs associated
with equipment and vehicle set up and staff overtime. The group also discussed the
advantages of ongoing outreach versus a one‐day event and different ways to
incorporate aspects of City Day into other events. He reported that communication
with the community has been expanded by increasing the InTouch newsletter
publication from four to six editions per year. Another community outreach that began
last year is “Food Truck Friday” held at the city hall parking lot in the summer. The
police department’s community relations officer staffs a table at the event that
promotes approachability/accessibility. Other departments also periodically share
information at Food Truck Friday (ie parks and recreation programs).
Council discussed holding the event on a weekday instead of a weekend or in
conjunction with a food truck event.
Mr. Hoyt indicated he will meet with the communications coordinator and present
options.
LABOR
NEGOTIATIONS
Item 11.5
Mayor Hemken introduced for discussion item 11.5, Resolution calling for a closed
meeting of the New Hope City Council authorized by Minn. Stat §13D.03 to discuss
and consider labor negotiations strategy.
RESOLUTION 2022‐77
Item 11.5
Council Member Elder introduced the following resolution and moved its adoption:
“RESOLUTION CALLING FOR A CLOSED MEETING OF THE NEW HOPE CITY
COUNCIL AUTHORIZED BY MINN. STAT §13D.03 TO DISCUSS AND
CONSIDER LABOR NEGOTIATIONS STRATEGY.” The motion for the adoption
of the foregoing resolution was seconded by Council Member Isenberg, and upon vote
being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe,
Isenberg, London; and the following voted against the same: None; Abstained: None;
Absent: None; whereupon the resolution was declared duly passed and adopted,
signed by the mayor which was attested to by the city clerk.
ADJOURNMENT The meeting was adjourned at 8:34 p.m. as there was no further business to come
before the Council at its work session.
Respectfully submitted,
Valerie Leone, City Clerk
City Council Executive Session June 20, 2022
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes
Executive Session
June 20, 2022
Northwood Room
CALL TO ORDER The New Hope City Council met in executive session pursuant to due call and notice
thereof; Mayor Hemken called the meeting to order at 8:35 p.m.
ROLL CALL Council present:
Kathi Hemken, Mayor
John Elder, Council Member
Andy Hoffe, Council Member
Michael Isenberg, Council Member
Jonathan London, Council Member
Staff present:
Tim Hoyt, Acting City Manager/Director of Police
Rich Johnson, Director of HR/Administrative Services
Valerie Leone, City Clerk
Walker MacBeath, HR Specialist/IT Coordinator
LABOR
NEGOTIATIONS
Mayor Hemken introduced Item 11.1, Discussion regarding labor negotiations.
Director Rich Johnson reported on the status of labor negotiations with the police
officers (LELS #77) and police supervisors (LELS #273) for union contracts.
ADJOURNMENT The meeting was adjourned at 8:50 p.m. as there was no further business to come
before the Council at its executive session.
Respectfully submitted,
Valerie Leone, City Clerk
New Hope City Council June 27, 2022
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes June 27, 2022
Regular Meeting City Hall, 7:00 p.m.
CALL TO ORDER The New Hope City Council met in regular session pursuant to due call and notice
thereof; Mayor Hemken called the meeting to order at 7:00 p.m.
PLEDGE OF
ALLEGIANCE
The City Council and all present stood for the Pledge of Allegiance.
ROLL CALL Council present:
Staff present:
Kathi Hemken, Mayor
John Elder, Council Member
Andy Hoffe, Council Member
Michael Isenberg, Council Member
Jonathan London, Council Member
Tim Hoyt, Acting City Manager
Jeff Alger, Community Development Specialist
Brandon Bell, CD Coordinator/Management Analyst
Dan Boyum, City Engineer
Rich Johnson, Director of HR/Admin. Services
Brad Kallio, Crime Prevention Officer
Valerie Leone, City Clerk
Tony Portesan, Recreation Facilities Supervisor
Susan Rader, Director of Parks & Recreation
Jeff Sargent, Director of Community Development
Aaron Thelen, Recreation Supervisor
Bernie Weber, Director of Public Works
Stacy Woods, City Attorney
APPROVAL OF
MINUTES
Motion was made by Council Member Hoffe, seconded by Council Member
Isenberg, to approve the regular meeting minutes of June 13, 2022. 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. Evan Swanson, 3949 Wisconsin Avenue North; Jeff Harper, 3941 Wisconsin
Avenue North; and Carol Kline, 3948 Wisconsin Avenue North shared concerns
regarding disorderly conduct at the group home located at 3957 Wisconsin Avenue
North.
Mayor Hemken thanked the residents for their comments and informed them that
the information will be relayed to department directors.
PRESENTATION: Mayor Hemken introduced for discussion Item 5.1, Presentation of an Award of
Excellence from Minnesota Recreation and Park Association.
New Hope City Council June 27, 2022
Page 2
MRPA AWARD OF
EXCELLENCE
Item 5.1
Ms. Elizabeth Owens, MRPA Awards Committee, was recognized. She provided
background of the Minnesota Recreation and Park Association and commended
the city on receiving an award of excellence for the Civic Center Park and Pool
Project in the “parks and facilities” category.
Mr. Aaron Thelen, recreation supervisor, and Mr. Tony Portesan, Recreation
Facilities Supervisor, were recognized. Mr. Thelen thanked Ms. Owens for the
award and indicated the project would not have been a success without the
support of the City Council. Mr. Portesan indicated the annual attendance at the
aquatic center was 46,000 last year, and this year there have been some record‐
breaking attendance records already due to the recent hot weather. He noted the
aquatic park users have been enjoying the amenities.
Mayor Hemken thanked Mr. Thelen for submitting the nomination and
congratulated staff on the award.
ROTATING VOTES
Please note that votes taken on each agenda item are called by the secretary on a
rotating basis; however, the written minutes always list the mayor’s name first
followed by the council members’ in alphabetical order.
CONSENT AGENDA Mayor Hemken introduced the consent items as listed for consideration and stated
that all items will be enacted by one motion unless requested that an item be
removed for discussion. Mr. Kirk McDonald, city manager, reviewed the consent
items.
BUSINESS LICENSES
Item 6.1
Approval of business licenses.
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through June 27, 2022.
RESOLUTION 2022‐78
Item 6.4
Resolution appointing election judges for Primary Election of August 9, 2022, and
General Election of November 8, 2022.
MOTION
Item 6.5
Motion accepting donations for the 2022 Movies in the Park and Music in the Park
programs.
MOTION
Item 6.6
Motion accepting contributions for the 2021‐2022 Donut Make You Wonder and
Author Series programs.
MOTION
Item 6.7
Motion authorizing Pub42 to dispense liquor off premises for the Duk Duk Duel
softball tournament held July 15‐17, 2022.
MOTION
Item 6.8
Motion waiving permit fees for temporary signs and tent for New Hope Lions corn
feed on August 10, 2022.
MOTION
Consent Items
Motion was made by Council Member Elder, seconded by Council Member Hoffe,
to approve the Consent items. All present voted in favor. Motion carried.
New Hope City Council June 27, 2022
Page 3
PUBLIC HEARING
SUNAR LLC, DBA
VIKING LIQUOR
OFF‐SALE LICENSE
Item 7.1
Mayor Hemken introduced for discussion Item 7.1, Motion approving an off‐sale
liquor license to Sunar LLC, dba Viking Liquor, 7141 42nd Avenue North.
Mr. Tim Hoyt, acting city manager, stated the public hearing is to consider
granting an off‐sale intoxicating liquor license to Sunar LLC at 7141 42nd Avenue
North. He stated the liquor store recently changed ownership and the new owner,
Rajesh Sunar, is in attendance . He indicated the required background
investigation was conducted, and there is nothing detrimental to report.
Mr. Hoyt asked Council to allow for public comment before taking action on the
license. There was no one in the audience desirous of addressing Council for the
public hearing.
Mr. Rajesh Sunar introduced himself and stated he recently moved to New Hope
from the state of Maryland. He indicated he is aware of New Hope’s liquor laws
and compliance check process.
Mayor Hemken emphasized the importance of preventing liquor sales to minors.
Mayor Hemken welcomed Mr. Sunar to the city.
CLOSE HEARING
Item 7.1
Motion was made by Council Member Elder, seconded by Council Member
Isenberg, to close the public hearing. All present voted in favor. Motion carried.
MOTION
Item 7.1
Motion was made by Isenberg, seconded by Council Member Hoffe, approving an
off‐sale liquor license to Sunar LLC, dba Viking Liquor, 7141 42nd Avenue
North. Voted in favor thereof: Hemken, Elder, Hoffe, Isenberg, London; and the
following voted against the same: None; Abstained: None; Absent: None. Motion
carried.
9210 SCIENCE
CENTER DRIVE CUP
(PLANNING CASE
22‐01)
Item 8.1
Mayor Hemken introduced for discussion Item 8.1, Resolution approving
Conditional Use Permit for Open Outdoor Storage Area Relating to Real Property
Located at 9210 Science Center Drive (New Hope Planning Case 22‐01).
Mr. Brandon Bell, community development coordinator/management analyst,
stated Pallet One MN, Inc., located at 9210 Science Center Drive, submitted an
application for a Conditional Use Permit (CUP) for open outdoor storage as a
principal or accessory use in the industrial district. The applicant is proposing to
utilize a portion of the site’s current parking lot for the parking and storage of up
to 45 semi‐trailers. The proposed trailer storage area of 20,250 square feet would
exceed 20 percent of the building’s 55,000 square foot area, which triggers the need
for a conditional use permit (CUP).
He explained that granting a property a CUP for open outdoor storage requires all
open outdoor storage to be screened from the right‐of‐way. The applicant is
proposing to install 21 Colorado Spruce trees on the south side of the storage area.
The trees will be between four to six feet tall at installation and will grow
approximately eight inches annually until they reach a height of 30 to 40 feet. Since
the applicant is only proposing to store semi‐trailers in the storage area, security
New Hope City Council June 27, 2022
Page 4
fencing will not be needed as long as all semi‐trailers are locked and secured
during non‐business hours.
Mr. Bell illustrated the property. He stated the Planning Commission considered
the request for a CUP allowing for open outdoor storage at 9210 Science Center
Drive and recommended approval with a 7‐0 vote, subject to several conditions as
outlined in the resolution.
Council Member London commented that it will take several years before four‐
foot trees mature to provide full screening. He also inquired regarding exterior
lights for security purposes.
Mr. Bell stated the city code requires trees between four to six feet in size and the
Colorado Spruce will grow eight inches per year. He noted trees are more
aesthetically pleasing than a tall fence. He stated Council may want to consider
amending the code.
Mr. Bell stated the trailers will be locked and city code does not require security
fencing.
Mr. Tim Hoyt, acting city manager/director of police, stated the police will drive
through the lots nightly. He noted the situation is similar to a car dealership that
does not have perimeter fencing.
Mayor Hemken pointed out the business is located in an industrial area.
RESOLUTION 2022‐79
Item 8.1
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR
OPEN OUTDOOR STORAGE AREA RELATING TO REAL PROPERTY
LOCATED AT 9210 SCIENCE CENTER DRIVE (NEW HOPE PLANNING
CASE 22‐01).” The motion for the adoption of the foregoing resolution was
seconded by Council Member Isenberg, and upon vote being taken thereon, the
following voted in favor thereof: Hemken, Elder, Hoffe, Isenberg; and the
following voted against the same: London; 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.
9220 BASS LAKE
ROAD, SUITE LL85
CUP (PLANNING
CASE 22‐02)
Item 8.2
Mayor Hemken introduced for discussion Item 8.2, Resolution approving
Conditional Use Permit for Isaiah Pantoe doing business as The River of Covenant
International Ministry at 9220 Bass Lake Road, Suite LL85 (New Hope Planning
Case 22‐02).
Mr. Jeff Alger, community development specialist, stated The River of Covenant
International Ministry is requesting approval of a Conditional Use Permit (CUP)
to open a church at 9220 Bass Lake Road in Suite LL85. The building is home to
two other churches and several office and service businesses. The River of
Covenant International Ministry would be located in a 1,200 square foot space in
the lower level of the building. It is expected that 15 to 20 people would attend
services every Sunday from 12:30 p.m. to 2:00 p.m. There would also be a bible
New Hope City Council June 27, 2022
Page 5
study session every Tuesday from 7:30 p.m. to 8:30 p.m. (three to five people in
attendance) and a service every Friday from 7:30 p.m. to 8:30 p.m. (two to three
people in attendance). The River of Covenant International Ministry also plans to
host conferences once a month from 7:30 p.m. to 9:30 p.m. (10 to 15 people in
attendance) and meet at the building on occasional Saturdays from 7:00 a.m. to 7:30
a.m. for community volunteer days (five to six people in attendance).
Mr. Alger stated at the June 7, 2022, Planning Commission meeting, two owners of
a property expressed concerns about screening between the subject property and
single‐family homes to the north. A CUP allowing for the conversion of the
office/warehouse building to a multi‐tenant office building was approved in 2001.
The construction of a fence along the north property line from the west end of the
site toward the west end of the building and then south to the building was
required. No other new screening was required along the north side of the
building. Staff conducted a site visit on June 9, 2022, to review landscaping plans
from when the conversion was approved as compared to now. Four trees between
the building and properties to the north have been removed. Two of the trees were
located near the northwest corner of the building, where the required fence was
installed. The other two were located near the northeast portion of the building
and now have volunteer trees growing out of/near the remaining stumps. The
volunteer trees are similar to large bushes and help screen building windows in
these areas. Subsequent requests for Conditional Use Permits at the property have
not involved the installation of new parking or alterations to the exterior of the
building, and new screening requirements have not been implemented. Staff is not
recommending any additional required screening as part of the CUP request. If
trees are removed in the future, the property owner will be responsible for
replacing them or screening those areas as required by City Code.
Mr. Alger stated the Planning Commission considered the request for a CUP
allowing for a church to be located at 9220 Bass Lake Road and recommended
approval with a 7‐0 vote, subject to the several conditions as outlined in the
resolution.
Council Member Elder inquired of the tree height. Mr. Alger stated the existing
trees are between 25‐30 feet tall.
Council Member London recommended that future reports identify the view from
a residential neighbor perspective instead of an aerial view.
Mr. Alger explained that in 2001, screening that was added as well as building
improvements such as window blinds and timers for lights. He indicated the
owner is still meeting the conditions that were put in place over 20 years ago.
RESOLUTION 2022‐80
Item 8.2
Council Member Hemken introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR
ISAIAH PANTOE DOING BUSINESS AS THE RIVER OF COVENANT
INTERNATIONAL MINISTRY AT 9220 BASS LAKE ROAD, SUITE LL85
(NEW HOPE PLANNING CASE 22‐02).” The motion for the adoption of the
New Hope City Council June 27, 2022
Page 6
foregoing resolution was seconded by Council Member Elder, and upon vote
being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe,
Isenberg; and the following voted against the same: London; 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.
2022‐2023 SANITARY
SEWER LINING
PROJECT
(IMPROVEMENT
PROJECT NO. 1086)
Item 8.3
Mayor Hemken introduced for discussion Item 8.3, Resolution approving plans
and specifications and authorizing the advertisement for bids for the proposed
2022‐2023 Sanitary Sewer Lining project (Improvement Project No. 1086).
Mr. Dan Boyum, city engineer, requested Council’s approval of plans and
specifications and authorization to seek bids for sanitary sewer lining projects for
2022 and 2023. He explained the work is done to reduce inflow and infiltration in
the sanitary sewer system. There is $350,000 earmarked in each year of the CIP
budgets for a total of $700,000. Staff recommends combining the two years of work
into one contract to obtain favorable bids and save on engineering costs. The
proposed work includes lining on streets adjacent to the proposed noisewall along
TH 169 from Independence to 62nd Avenue and in the northeast corner of the city.
There is one remaining street in the northwest area of the city that will also be
lined. He stated several alternates will be included with the bid package and added
to the contract if favorable bid prices are received. If Council approves the plans
and specifications, bids would be presented to Council at the August 8 Council
Meeting.
Mr. Boyum stated metering studies are undertaken to monitor flows before and
after the lining to determine the effectiveness.
Council Member London recommended that the I&I lining project work be added
to the Performance Measurement Report & Smart Goals similar to the streets’
pavement rating index.
RESOLUTION 2022‐81
Item 8.3
Council Member London introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE
PROPOSED 2022‐2023 SANITARY SEWER LINING PROJECT
(IMPROVEMENT PROJECT NO. 1086).” The motion for the adoption of the
foregoing resolution was seconded by Council Member Elder, and upon vote
being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe,
Isenberg, London; and the following voted against the same: None; Abstained:
None; Absent: None; whereupon the resolution was declared duly passed and
adopted, signed by the mayor which was attested to by the city clerk.
2023‐2025 LABOR
AGREEMENT
Item 10.1
Mayor Hemken introduced for discussion Item 10.1, Resolution ratifying the 2023‐
2025 labor agreement with Law Enforcement Labor Services (LELS) Local #77.
Mr. Rich Johnson, director of human resources/admin. services, stated the
resolution ratifies the 2023‐2025 agreement with LELS Local #77 for the police
officers. He stated Council reviewed the components of the proposed agreement
New Hope City Council June 27, 2022
Page 7
at its closed meeting on June 20, 2022, and directed staff to place the item on the
June 27 Council Meeting agenda for approval.
Mr. Johnson answered a few questions that were asked at the work session
including the costs of hiring and employee turnover costs. He stated the
information was derived from the Employee Benefit News (EBN) reports.
RESOLUTION 2022‐82
Item 10.1
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION RATIFYING THE 2023‐2025 LABOR AGREEMENT
WITH LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL #77.” The
motion for the adoption of the foregoing resolution was seconded by Council
Member Isenberg, and upon vote being taken thereon, the following voted in favor
thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following voted against
the same: None; Abstained: None; Absent: None; whereupon the resolution was
declared duly passed and adopted, signed by the mayor which was attested to by
the city clerk.
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 sought advice of the city attorney regarding addressing the problems at a
group home. City Attorney Stacy Woods indicated a rental registration can be
revoked for disorderly behavior violations. She stated the process must be
followed as outlined in city code.
Mr. Tim Hoyt, acting city manager and police chief, stated a meeting has been
scheduled with the property owner, police department staff, community
development staff, and the embedded social worker, in an attempt to address the
problems.
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 8:44 p.m.
Respectfully submitted,
Valerie Leone, City Clerk
G:\City Manager\AGENDA\6.2 R‐Approval of Claims Merge Doc.docx
Request for Action
July 25, 2022
Approved by: Tim W. Hoyt, Acting City Manager
Originating Department: City Manager
By: Tim W. Hoyt, ActingCity Manager
Agenda Title
Approval of claims through July 25, 2022
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\P&R\Golf Course\2022\Q ‐ Donation ‐ Plant Sale.docx
Request for Action
July 25, 2022
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Parks & Recreation
By: Susan Rader, Director
Agenda Title
Motion to accept a $1,260 donation for the golf course
Requested Action
Staff requests that the City Council approve a motion to accept this generous donation of $1,260 in proceeds
from a plant sale that was hosted by Mayor Kathi Hemken on Saturday, May 21, 2022. The donation will be
used to purchase new planters and plants for along the sidewalk from the parking lot to the clubhouse,
adding new irrigation around the new expansion of the putting green, and purchasing some replacement
trees for the course.
Policy/Past Practice
It is past practice for the City Council to formally accept donations.
Background
In the fall of 2019, avid golfers Mayor Hemken and Lorraine Kloss came up with the idea to offer a plant sale
using extra perennials from the golf course and adding plant donations from friends. Several plant cuttings
were started that fall and kept at their homes. In the spring, they spent a significant amount of time dividing
golf course perennials and preparing for the sale, which was held the middle of May. Although the sale took
place during Covid‐19, it was extremely successful, and many shoppers left with new plants for their
gardens. The profit of $1,675 was used to purchase additional trees for the golf course.
In 2021, Mayor Hemken handled the sale on her own, with the help of a few friends. The profit of $1,185 was
used to purchase sod and seed for the expansion of the putting green, some replacement trees for the course,
and to purchase some new planter boxes around the clubhouse and patio.
The 2022 sale was held on Saturday, May 21 and plants were offered at a reasonable rate of 2 plants for $5.
Once again, Mayor Hemken organized the sale, with the help of a few friends, including city clerk Valerie
Leone. Similar to previous years, following the sale on Saturday, any remaining plants continued to be sold
by golf course staff. The sale was successful with $1,260 being collected.
This year’s donation will be used to purchase new planters and plants for along the sidewalk from the
parking lot to the clubhouse, adding new irrigation around the new expansion of the putting green, and
purchasing some replacement trees for the course.
Staff truly appreciates all the time and energy that was put into the event by Mayor Hemken and other
volunteers. A thank you letter has been sent.
Agenda Section
Consent
Item Number
6.4
I:\RFA\PUBWORKS\2022\Council\MnDOT Master Partnership Contract\6.5 RFA & Resolution MnDOT Master Partnership Contract 072522.docx
Request for Action
July 25, 2022
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Public Works
By: Bernie Weber, Director of Public Works
Agenda Title
Resolution approving the Master Partnership Contract between the Minnesota Department of Transportation
and the City of New Hope
Requested Action
Staff requests the Council adopt a resolution approving the Master Partnership Contract (MPC). The MPC
provides a framework for Mn/DOT and the city to provide services and payment to each other, which will
maximize the efficient delivery of services.
Policy/Past Practice
The city has approved this type of master partnership contract with Mn/DOT in the past.
Background
The Minnesota Department of Transportation (Mn/DOT) has requested review and acceptance of a
proposed Master Partnership Contract with the City of New Hope. This agreement streamlines the process
for Mn/DOT and the city to provide services and payment to one another. The services able to be provided as
part of this agreement can be viewed in “Exhibit A” of the contract. A resolution will need to be signed to
execute the agreement. Upon the date of signature, the contract will be effective and is scheduled to expire on
June 30, 2027.
Attachments
Resolution
Master Partnership Contract
Engineer’s Memo
Mn/DOT Cover Letter
City of New Hope
Agenda Section
Consent
Item Number
6.5
Resolution No. 22‐
Resolution approving the Master Partnership Contract between the
Minnesota Department of Transportation and the City of New Hope
WHEREAS, The Minnesota Department of Transportation wishes to cooperate closely with local units of
government to coordinate the delivery of transportation services and maximize the efficient
delivery of such services at all levels of government; and
WHEREAS, Mn/DOT and local governments are authorized by Minnesota Statutes sections 471.59,
174.02, and 161.20, to undertake collaborative efforts for the design, construction,
maintenance and operation of state and local roads; and
WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for
collaboration, and have determined that having the ability to write “work orders” against a
master contract would provide the greatest speed and flexibility in responding to identified
needs.
NOW, THEREFORE, BE IT RESOLVED,
1. That the City of New Hope enter into a Master Partnership Contract with the Minnesota
Department of Transportation, a copy of which was before the City Council.
2. That the proper city officers are authorized to execute such contract, and any
amendments thereto.
3. That the City Manager is authorized to negotiate work order contracts pursuant to the
Master Contract, which work order contracts may provide for payment to or from
Mn/DOT, and that the City Manager may execute such work order contracts on behalf of
the City of New Hope without further approval by the City Council.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 25th day of July,
2022.
_________________________
Mayor
Attest: __________________________
City Clerk
MnDOT Contract Number: 1050188
Master Partnership Contract Template 1
Updated 02/09/2022
STATE OF MINNESOTA
MASTER PARTNERSHIP CONTRACT
This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this
contract referred to as the “State” and the New Hope City, acting through its City Council, in this contract referred to as
the “Other Party.”
Recitals
1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02.
2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk
highway system.
3. Each party to this contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25.
4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work
may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for
the construction or reconstruction of roadways, and performing roadway maintenance.
5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other
governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other
means of providing transportation‐related services; or for other cooperative programs that promote efficiencies in
providing governmental services, or that further development of innovation in transportation for the benefit of the
citizens of Minnesota.
6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the
efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a
framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship
between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a
“Work Order” contracts.
7. After the execution of this MPC, the parties may (but are not required to) enter into “Work Order” contracts. These
Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific
work.
8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued
under the authority of this Contract.
Contract
1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms
1.1. Effective Date: This contract will be effective on July 1st, 2022, or upon the date last signed by all State
officials as required under Minn. Stat. § 16C.05, subd. 2, whichever occurs last. The Other Party must not
begin work under this Contract until ALL required signatures have been obtained and the Other Party has
been notified in writing to begin such work by the State’s Authorized Representative.
1.2. Expiration Date. This Contract will expire on June 30, 2027.
1.3. Exhibits. Exhibit A is attached and incorporated into this agreement.
1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the
Other Party) for each particular engagement, except for Technical Services provided by the State to the
Other Party as specified in Article 2. The work order contract must specify the detailed scope of work and
deliverables for that project. A party must not begin work under a work order until the work order is fully
MnDOT Contract Number: 1050188
2
executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in
the work order. The Other Party understands that this MPC is not a guarantee of any payments or work
order assignments, and that payments will only be issued for work actually performed under fully‐executed
work orders.
1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all
work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual
Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this
MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC.
1.6. Sample Work Order. A sample work order contract is available upon request from the State.
1.7. Definition of “Providing Party” and “Requesting Party”. For the purpose of assigning certain duties and
obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC.
“Requesting Party” is defined as the party requesting the other party to perform work under a work order
contract. “Providing Party” is defined as the party performing the scope of work under a work order
contract.
2. Technical Services
2.1. Technical Services include repetitive low‐cost services routinely performed by the State for the Other Party.
If requested and authorized by the Other Party, these services may be performed by the State for the Other
Party without the execution of a work order, as these services are provided in accordance with standardized
practices and processes and do not require a detailed scope of work. Exhibit A – Table of Technical Services
is attached.
2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract
(If you have questions regarding whether a service is covered under 2.1.1, please contact Contract
Management).
2.2. The Other Party may request the State to perform Technical Services in an informal manner, such as by the
use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request
may be made via telephone, but will not be considered accepted unless acknowledged in writing by the
State.
2.3. The State will promptly inform the Other Party if the State will be unable to perform the requested Technical
Services. Otherwise, the State will perform the Technical Services in accordance with the State’s normal
processes and practices, including scheduling practices taking into account the availability of State staff and
equipment.
2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will
charge the Other Party the State’s then‐current rate for performing the Technical Services. The then‐current
rate may include the State’s normal and customary additives. The State will invoice the Other Party upon
completion of the services, or at regular intervals not more than once monthly as agreed upon by the
parties. The invoice will provide a summary of the Technical Services provided by the State during the
invoice period.
3. Services Requiring a Work Order Contract
3.1. Work Order Contracts: A party may request the other party to perform any of the following services under
individual work order contracts.
3.2. Professional and Technical Services. A party may provide professional and technical services upon the
request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services
“means services that are intellectual in character, including consultation, analysis, evaluation, prediction,
planning, programming, or recommendation; and result in the production of a report or completion of a
task.” Professional and technical services do not include providing supplies or materials except as incidental
to performing such services. Professional and technical services include (by way of example and without
limitation) cultural resources, engineering services, surveying, foundation recommendations and reports,
environmental documentation, right‐of‐way assistance (such as performing appraisals or providing
MnDOT Contract Number: 1050188
3
relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final
construction plans, graphic presentations, public relations, and facilitating open houses. A party will
normally provide such services with its own personnel; however, a party’s professional/technical services
may also include hiring and managing outside consultants to perform work provided that a party itself
provides active project management for the use of such outside consultants.
3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party.
Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to
snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat,
bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be
performed by an employee with sufficient skills, training, expertise or certification to perform such work,
and work must be supervised by a qualified employee of the party performing the work.
3.4. Construction Administration. A party may administer roadway construction projects upon the request of
the other party. Roadway construction includes (by way of example and without limitation) the
construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway,
lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and
channelization. These services may be performed by the Providing Party’s own forces, or the Providing Party
may administer outside contracts for such work. Construction administration may include letting and
awarding construction contracts for such work (including state projects to be completed in conjunction with
local projects). All contract administration services must be performed by an employee with sufficient skills,
training, expertise or certification to perform such work.
3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man‐made
disaster, natural disaster or other act of God. Emergency services includes all those services as the parties
mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations.
These services include, without limitation, planning, engineering, construction, maintenance, and removal
and disposal services related to things such as road closures, traffic control, debris removal, flood protection
and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee
with sufficient skills, training, expertise or certification to perform such work, and work must be supervised
by a qualified employee of the party performing the work. If it is not feasible to have an executed work
order prior to performance of the work, the parties will promptly confer to determine whether work may be
commenced without a fully‐executed work order in place. If work commences without a fully‐executed work
order, the parties will follow up with execution of a work order as soon as feasible.
3.6. When a need is identified, the State and the Other Party will discuss the proposed work and the resources
needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific
and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order
contract will be limited to one specific project/engagement, although “on call” work orders may be prepared
for certain types of services, especially for “Technical Services” items as identified section 2.1.. The work
order will also identify specific deliverables required, and timeframes for completing work. A work order
must be fully executed by the parties prior to work being commenced. The Other Party will not be paid for
work performed prior to execution of a work order contract and authorization by the State.
4. Responsibilities of the Providing Party
4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order
contracts.
4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s authorized
representative is responsible for administering the work order, and has the authority to make any
decisions regarding the work, and to give and receive any notices required or permitted under this
MPC or the work order.
4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer),
to be in responsible charge of the project(s) and to supervise and direct the work to be performed
under each work order contract. For services not requiring an engineer, the Providing Party will
MnDOT Contract Number: 1050188
4
furnish and assign another responsible employee to be in charge of the project. The services of the
Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred
unless approved in writing by the Requesting Party’s authorized representative. This written consent
will in no way relieve the Providing Party from its primary responsibility for the work.
4.1.3. If the Other Party is the Providing Party, the Project Engineer may request in writing specific
engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The
work order Contract will require the Other Party to deposit payment in advance. The costs and
expenses will include the current State additives and overhead rates, subject to adjustment based
on actual direct costs that have been verified by audit.
4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work
on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work
order contract is fully executed are considered unauthorized and undertaken at the risk of non‐
payment.
4.1.5. In connection with the performance of this contract and any work orders issued, the Providing
Agency will comply with all applicable Federal and State laws and regulations. When the Providing
Party is authorized or permitted to award contracts in connection with any work order, the
Providing Party will require and cause its contractors and subcontractors to comply with all Federal
and State laws and regulations.
4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all
work orders for Roadway Maintenance.
4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits
and sanctions that may be required for the proper and lawful performance of the work.
4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals,
policies and operations.
4.2.3. The Providing Party must use State‐approved materials, including (by way of example and without
limitation), sign posts, sign sheeting, and de‐icing and anti‐icing chemicals.
4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to
all work order contracts for construction administration.
4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance
with state law.
4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the
contract amount. The Providing Party will take all necessary action to make claims against such
bonds in the event of any default by the contractor.
4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the
Minnesota Department of Transportation Standard Specifications for Construction.
4.3.4. For work performed on State right‐of‐way, contractor(s) must be required to indemnify and hold the
State harmless against any loss incurred with respect to the performance of the contracted work,
and must be required to provide evidence of insurance coverage commensurate with project risk.
4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law.
4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations,
including but not limited to applicable human rights/anti‐discrimination laws and laws concerning
the participation of Disadvantaged Business Enterprises in federally‐assisted contracts.
4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights
of way, easement, and construction permits for its portion of the improvements. Each party will,
upon the other’s request, furnish copies of right of way certificates, easements, and construction
permits.
MnDOT Contract Number: 1050188
5
4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project
work if such changes do not increase the Requesting Party’s cost obligation under the applicable
work order contract.
4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the
Requesting Party’s written approval, and the execution of a proper amendment to the applicable
work order contract when necessary. The Other Party will tender the processing and defense of any
such claims to the State upon the State’s request.
4.3.10. The Other Party must coordinate all trunk highway work affecting any utilities with the State’s
Utilities Office.
4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party.
4.3.12. If the Other Party is the Providing Party, and there is work performed on the trunk highway right‐of‐
way, the following will apply:
a. The Other Party will have a permit to perform the work on the trunk highway. The State may
revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if
the contractor is violating the terms of any law, regulation, or permit applicable to the work. The
State will have no liability to the Other Party, or its contractor, if work is suspended or stopped
due to any such condition or concern.
b. The Other Party will require its contractor to conduct all traffic control in accordance with the
Minnesota Manual on Uniform Traffic Control Devices.
c. The Other Party will require its contractor to comply with the terms of all permits issued for the
project including, but not limited to, National Pollutant Discharge Elimination System (NPDES)
and other environmental permits.
d. All improvements constructed on the State’s right‐of‐way will become the property of the State.
5. Responsibilities of the Requesting Party
5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in
its possession relating to the project that may be of use to the Providing Party in performing the work.
5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be
promptly returned upon the Requesting Party’s request or upon the expiration or termination of this
contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other
applicable law).
5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds
any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the
Requesting Party before proceeding with the part of the project affected. The Providing Party will
investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a
method for furnishing corrected data. Delay in furnishing data will not be considered justification for an
adjustment in compensation.
5.4. The State will provide to the Other Party copies of any Trunk Highway fund clauses to be included in the bid
solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for
Highway Construction, that are different from those required for State Aid construction.
5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the
work is found to have been completed in accordance with the work order contract, the Requesting Party will
promptly release any remaining funds due the Providing Party for the Project(s).
5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party.
6. Time
6.1. In the performance of project work under a work order contract, time is of the essence.
7. Consideration and Payment
MnDOT Contract Number: 1050188
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7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State’s
normal and customary additives will apply to work performed by the State, unless otherwise specified in the
work order. The State’s normal and customary additives will not apply if the parties agree to a “lump sum”
or “unit rate” payment.
7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the Other Party under all
work order contracts issued pursuant to this MPC will not exceed $500,000.00.
7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing
Party’s services, and unless otherwise specifically set forth in an applicable work order contract, the
Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the
Providing Party in performing any work order contract. In those cases where the State agrees to reimburse
travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than
provided in the current "MnDOT Travel Regulations” a copy of which is on file with and available from the
MnDOT District Office. The Other Party will not be reimbursed for travel and subsistence expenses incurred
outside of Minnesota unless it has received the State’s prior written approval for such travel.
7.4. Payment
7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work
order, and will make prompt payment in accordance with Minnesota law.
7.4.2. Payment by the Other Party.
a. The Other Party will make payment to the order of the Commissioner of Transportation.
b. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT CONTRACT NUMBER” SHOWN ON
THE FACE PAGE OF THIS CONTRACT AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED
FROM MNDOT.
c. Remit payment to the address below:
MnDOT
Attn: Cash Accounting
RE: MnDOT Contract Number 1050188W[XX] and Invoice Number: 00000[#####]
(see note above)
Mail Stop 215
395 John Ireland Blvd
St. Paul, MN 55155
7.4.3. Payment by the State.
a. Generally. The State will promptly pay the Other Party after the Other Party presents an itemized
invoice for the services actually performed and the State's Authorized Representative accepts the
invoiced services. Invoices must be submitted as specified in the applicable work order, but no
more frequently than monthly.
b. Retainage for Professional and Technical Services. For work orders for professional and technical
services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the
amount due under any work order contract may be paid until the final product of the work order
contract has been reviewed by the State’s authorized representative. The balance due will be
paid when the State’s authorized representative determines that the Other Party has
satisfactorily fulfilled all the terms of the work order contract.
8. Conditions of Payment
8.1. All work performed by the Providing Party under a work order contract must be performed to the
Requesting Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting
Party’s Authorized Representative and in accordance with all applicable federal and state laws, rules, and
MnDOT Contract Number: 1050188
7
regulations. The Providing Party will not receive payment for work found by the Requesting Party to be
unsatisfactory or performed in violation of federal or state law.
9. State’s Authorized Representative and Project Manager
9.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the
responsibility to monitor the State’s performance.
9.2. The State’s Project Manager will be identified in each work order contract.
10. Other Party’s Authorized Representative and Project Manager
10.1. The Other Party’s Authorized Representative for administering this master contract is the Other Party’s
Engineer, and the Engineer has the responsibility to monitor the Other Party’s performance. The Other
Party’s Authorized Representative is also authorized to execute work order contracts on behalf of the Other
Party without approval of each proposed work order contract by its governing body.
10.2. The Other Party’s Project Manager will be identified in each work order contract.
11. Assignment, Amendments, Waiver, and Contract Complete
11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work order
contract without the prior consent of the other and a fully executed Assignment Contract, executed and
approved by the same parties who executed and approved this MPC, or their successors in office.
11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and
will not be effective until it has been executed and approved by the same parties who executed and
approved the original contract, or their successors in office.
11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that
failure does not waive the provision or the party’s right to subsequently enforce it.
11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts
between the State and the Other Party. No other understanding regarding this master contract or any work
order contract issued hereunder, whether written or oral may be used to bind either party.
12. Liability
12.1. Each party will be responsible for its own acts and omissions to the extent provided by law. The Other
Party’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is
governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any
legal remedies a party may have for the other party’s failure to fulfill its obligations under this master
contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of
the other party. A Providing Party under any work order is acting only as a “Contractor” to the Requesting
Party, as the term “Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the
protections afforded to a “Contractor” by the Minnesota Environmental Response and Liability Act. The
parties specifically intend that Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this
MPC and any work order issued hereunder.
13. State Audits
13.1. Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and
practices relevant to any work order contract are subject to examination by the parties and by the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC.
14. Government Data Practices and Intellectual Property
14.1. Government Data Practices. The Other Party and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this MPC and any work
order contract, and as it applies to all data created, collected, received, stored, used, maintained, or
disseminated by the Other Party under this MPC and any work order contract. The civil remedies of Minn.
Stat. § 13.08 apply to the release of the data referred to in this clause by either the Other Party or the State.
14.2. Intellectual Property Rights
MnDOT Contract Number: 1050188
8
14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the
intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service
marks in the Works and Documents created and paid for under work order contracts. Works means
all inventions, improvements, discoveries (whether or not patentable), databases, computer
programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications,
materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing
Party, its employees, agents, and subcontractors, either individually or jointly with others in the
performance of this master contract or any work order contract. Works includes “Documents.”
Documents are the originals of any databases, computer programs, reports, notes, studies,
photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials,
whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or
contractors, in the performance of a work order contract. The Documents will be the exclusive
property of the Requesting Party and all such Documents must be immediately returned to the
Requesting Party by the Providing Party upon completion or cancellation of the work order contract.
To the extent possible, those Works eligible for copyright protection under the United States
Copyright Act will be deemed to be “works made for hire.” The Providing Party Government assigns
all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The
Providing Party must, at the request of the Requesting Party, execute all papers and perform all
other acts necessary to transfer or record the Requesting Party’s ownership interest in the Works
and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an
irrevocable and royalty‐free license to use such intellectual property for its own non‐commercial
purposes, including dissemination to political subdivisions of the state of Minnesota and to
transportation‐related agencies such as the American Association of State Highway and
Transportation Officials.
14.2.2. Obligations with Respect to Intellectual Property.
a. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is
made or conceived for the first time or actually or constructively reduced to practice by the
Providing Party, including its employees and subcontractors, in the performance of the work
order contract, the Providing Party will immediately give the Requesting Party’s Authorized
Representative written notice thereof, and must promptly furnish the Authorized Representative
with complete information and/or disclosure thereon.
b. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure
that all intellectual property rights in the Works and Documents are the sole property of the
Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain
any interest in and to the Works and Documents.
15. Affirmative Action
15.1. The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant
to Minn. Stat. §363A.36. Pursuant to that Statute, the Other Party is encouraged to prepare and implement
an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and
submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the
Other Party lets a contract for the performance of work under a work order issued pursuant to this MPC, it
must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof:
15.2. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more
than 40 full‐time employees on a single working day during the previous 12 months in Minnesota or in the
state where it has its principle place of business, then the Contractor must comply with the requirements of
Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400‐5000.3600. A Contractor covered by Minn. Stat. §
363A.36 because it employed more than 40 full‐time employees in another state and does not have a
certificate of compliance, must certify that it is in compliance with federal affirmative action requirements.
MnDOT Contract Number: 1050188
9
15.3. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for
the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota
Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance. The law
addresses suspension or revocation of a certificate of compliance and contract consequences in that event.
A contract awarded without a certificate of compliance may be voided.
15.4. Minn. R. Parts 5000.3400‐5000.3600.
15.4.1. General. Minn. R. Parts 5000.3400‐5000.3600 implement Minn. Stat. § 363A.36. These rules include,
but are not limited to, criteria for contents, approval, and implementation of affirmative action
plans; procedures for issuing certificates of compliance and criteria for determining a contractor’s
compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual
compliance reports; procedures for compliance review; and contract consequences for non‐
compliance. The specific criteria for approval or rejection of an affirmative action plan are contained
in various provisions of Minn. R. Parts 5000.3400‐5000.3600 including, but not limited to, parts
5000.3420‐5000.3500 and 5000.3552‐5000.3559.
15.4.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements
for disabled workers:
a. The Contractor must not discriminate against any employee or applicant for employment
because of physical or mental disability in regard to any position for which the employee or
applicant for employment is qualified. The Contractor agrees to take affirmative action to
employ, advance in employment, and otherwise treat qualified disabled persons without
discrimination based upon their physical or mental disability in all employment practices such as
the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
b. The Contractor agrees to comply with the rules and relevant orders of the Minnesota
Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
c. In the event of the Contractor's noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and
relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota
Human Rights Act.
d. The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the commissioner of the Minnesota
Department of Human Rights. Such notices must state the Contractor's obligation under the law
to take affirmative action to employ and advance in employment qualified disabled employees
and applicants for employment, and the rights of applicants and employees.
e. The Contractor must notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the Contractor is bound by
the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed
to take affirmative action to employ and advance in employment physically and mentally
disabled persons.
15.4.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action
plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of
a certificate of compliance by the Commissioner, refusal by the Commissioner to approve
subsequent plans, and termination of all or part of this contract by the Commissioner or the State.
15.4.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn.
Stat. § 363A.36 and Minn. R. Parts 5000.3400‐5000.3600 and is aware of the consequences for
noncompliance.
16. Workers’ Compensation
MnDOT Contract Number: 1050188
10
16.1. Each party will be responsible for its own employees for any workers compensation claims. This MPC, and
any work order contracts issued hereunder, are not intended to constitute an interchange of government
employees under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is
determined to be subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict
between the contract and the statute.
17. Publicity
17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the
Requesting Party must identify the State as the sponsoring agency and must not be released without prior
written approval from the State’s Authorized Representative. For purposes of this provision, publicity
includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Other Party individually or jointly with others, or any subcontractors, with respect to
the program, publications, or services provided resulting from a work order contract.
17.2. Data Practices Act. Section 17.1 is not intended to override the Other Party’s responsibilities under the
Minnesota Government Data Practices Act.
18. Governing Law, Jurisdiction, and Venue
18.1. Minnesota law, without regard to its choice‐of‐law provisions, governs this master contract and all work
order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or
the breach of any such contracts, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
19. Prompt Payment; Payment to Subcontractors
19.1. The parties must make prompt payment of their obligations in accordance with applicable law. As required
by Minn. Stat. § 16A.1245, when the Other Party lets a contract for work pursuant to any work order, the
Other Party must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days
of the prime contractor's receipt of payment from the Other Party for undisputed services provided by the
subcontractor(s) and must pay interest at the rate of one and one‐half percent per month or any part of a
month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).
20. Minn. Stat. § 181.59.
20.1. The Other Party will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or
on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other
district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor
agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any
contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or
color, discriminate against the person or persons who are citizens of the United States or resident aliens
who are qualified and available to perform the work to which the employment relates; (2) That no
contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent
the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent,
or conspire to prevent, the person or persons from the performance of work under any contract on account
of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may
be canceled or terminated by the state, county, city, town, school board, or any other person authorized to
grant the contracts for employment, and all money due, or to become due under the contract, may be
forfeited for a second or any subsequent violation of the terms or conditions of this contract.
21. Termination; Suspension
21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this
MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the
Other Party. Upon termination, the Other Party and the State will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed.
21.2. Termination by the Other Party for Convenience. The Other Party may cancel this MPC and any work order
contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination,
MnDOT Contract Number: 1050188
11
the Other Party and the State will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed.
21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and any
work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or
if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.
Termination or suspension must be by written or fax notice to the Other Party. The State is not obligated to
pay for any services that are provided after notice and effective date of termination or suspension.
However, the Other Party will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if
the master contract or work order is terminated because of the decision of the Minnesota legislature or
other funding source, not to appropriate funds. The State must provide the Other Party notice of the lack of
funding within a reasonable time of the State’s receiving that notice.
22. Data Disclosure
22.1. Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Other Party consents to disclosure of its
federal employer tax identification number, and/or Minnesota tax identification number, already provided
to the State, to federal and state tax agencies and state personnel involved in the payment of state
obligations. These identification numbers may be used in the enforcement of federal and state tax laws
which could result in action requiring the Other Party to file state tax returns and pay delinquent state tax
liabilities, if any.
23. Defense of Claims and Lawsuits
23.1. If any lawsuit or claim is filed by a third party (including but not limited to the Other Party’s contractors and
subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under
this MPC, the Other Party will, at the discretion of and upon the request of the State, tender the defense of
such claims to the State or allow the State to participate in the defense of such claims. The Other Party will,
however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or
cause of action asserted is based on its own acts or omissions in performing or supervising the work. The
Other Party will not purport to represent the State in any litigation, settlement, or alternative dispute
resolution process. The State will not be responsible for any judgment entered against the Other Party, and
will not be bound by the terms of any settlement entered into by the Other Party except with the written
approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law.
24. Additional Provisions
24.1. NONE
[THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK]
MnDOT Contract Number: 1050188
12
OTHER PARTY
The Other Party certifies that the appropriate person(s)
have executed the contract on behalf of the Other Party
as required by applicable articles, bylaws, resolutions or
ordinances.
By:
Title:
Date:
By:
Title:
Date:
COMMISSIONER OF TRANSPORTATION
By:
Date:
Title:
COMMISSIONER OF ADMINISTRATION
By:
Date:
Exhibit A – Table of Technical Services
Master Partnership Contract Program FY 2023-2027
Date: 3/28/2022
Source
Code Title Description
1735 Bituminous Plant Inspection
Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing,
plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
bituminous plant inspection.
2830 Bridge Bearing Assemblies All tasks related to the repair and maintenance of fixed or expansion-bearing assemblies on bridges. Includes related traffic
2819 Bridge Curb, Walk And Railing
Repairing and maintaining bridge curb, walk, rail, coping, and fencing connected to the rail. Includes glare screen and median
barriers on bridges. Includes related traffic control.
2820 Bridge Deck
Work associated with bridge deck and slab repair regardless of removal depth or type of material used for patching. Includes deck
or slab overlays and replacements and underside deck delamination. Includes related traffic control.
2838 Bridge Deck Crack Sealing All tasks related to deck crack sealing. Includes related traffic control.
2827 Bridge Expansion, Relief Joints
All maintenance tasks associated with bridge expansion joints, except joint reestablishment. Includes tightening expansion device
bolts and replacing seal glands. Includes related traffic control.
2855 Bridge Inspection Direct Support Activities that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance.
2828 Bridge Inspection-Federal Fund
All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture-Critical Bridge Program (Project Code will begin
with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code
begins with TSO followed by the bridge number) and local and Department of Natural Resources (DNR) (bridge number begins
with 9A follow by bridge number) bridge inspections to be billed to the local government or Department of Natural Resources
(DNR) use Source Code 2824.
2824 Bridge Inspection-Non-Federal
All tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the requirements
of the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments.
Includes related inspection reports and deck condition surveys.
1421
Bridge Management System
Operation/Administration/Data Use for tasks related to the Bridge Management System, including operations, administration, or data entry.
2847 Bridge Poured/ Relief Joint Seal
All tasks associated with resealing bridge construction joints. Includes related traffic control. Related source type codes: Activities
that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance).
2829 Bridge Superstructure
All tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all
types of bridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t-beams, precast channels, and
box girders. Includes related traffic control.
2316 Brush & Tree Removal
Maintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump
removal/grinding. Includes related traffic control.
0032 Business Unit Management
All expenses of business/office managers for general management and administration of support functions. includes
administering central facilities maintenance and facilities capital budgets.
3000 Class Of Frequency Coordination Use for frequency coordination done with APCO, AASHTO or FCCA.
Page 1 of 5
Source
Code Title Description
1733 Concrete Plant Inspections
Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing,
plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
stationary concrete plants or mobile concrete paving plant inspection.
1734 Construction Materials Inspections
Performing construction phase material inspection and engineering, for structural steel, precast and pre-stressed concrete,
reinforcement steel, and electrical products and related technical services in the field and office for materials to be used in
multiple projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings furnished
by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection
(materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the
field and offices).
1802 Construction Surveying Use for surveys to provide staking for the contractor's operations and for any other construction phase surveying
2106 Crack Sealing
All surface crack sealing, crack filling, or rout and seal operations. Includes related materials, hauling, stockpiling, and traffic
control.
3023 Elec Comm Eq Rep - Miles
0400 Equipment Calibration-Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects.
1800 Field Inspection
All construction project field inspection (not cyclical inspection of assets), including preparatory plans & spec review,
measurement, and verification other than environmental monitoring. Includes field inspection of materials such as gradations,
densities/DCP, proctors, compaction, slump tests, and field air tests. Witnessing claims, determination and computation of pay
quantities, materials control and certification for progress vouchers, but not for final payments. Includes collecting and
transporting samples for lab tests, but not the actual laboratory verifications. Includes all construction phase project related
activities for project and resident engineers such as problem resolution, guidance and direction to field technicians. Includes all
miscellaneous field engineering expenses used by district offices such as space rental, utilities, or other costs charged to the
construction project Includes all work associated with evaluation of implementation of intelligent compaction devices to
determine if construction contract terms have been met.
1040 Final Design Surveys
All district field and office tasks needed to respond to supplemental "Requests for Survey Data" and add the data to the surveys
base map or DTM.
0601 Gen Training Preparation - Delivery
Use for time, materials, and travel expenses when developing or delivering training. includes course preparation, designing
materials, and managing training records.
2210 Guardrail-Install/Repair/Maintenance
Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector
replacement. includes related traffic control.
2624 Indirect Expense Indirect shop expenses and shop equipment. Allocate to mobile equipment.
1871 Lighting Maintenance & Utilities
All work related to installing, maintaining, restoring, or removing highway lighting systems and fixtures. Includes repairing,
maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting
structures, electrical service for highway lighting, re-lamping, pump stations, anti-icing systems, truck roll-over warning systems
and electrical repairs. Includes traffic control in support of roadway lighting activities. Use for tasks related to public
inquiries/complaints, review utility billings, provide data, and conduct field reviews.
Page 2 of 5
Source
Code Title Description
1875 Locate One Call
Finding and marking locations of buried conduit, cables, hand holes, loops, etc. in order to maintain or repair the traffic
management system, signal systems, or roadway lighting systems.
1732 Material Testing & Inspection
Performing construction phase and research physical and chemical laboratory testing, and related technical services in the
districts and central labs, and for performing research and construction phase non-destructive testing materials surveys, and
related technical services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling
weight deflectometer (FWD) testing.
2660 Misc Revenue
Used only by Office of Financial Management for billing and deposit transactions and to record payments to the department for
gravel sold to contractors and others.
2822 Miscellaneous Bridge Maintenance
Miscellaneous maintenance tasks performed on a specific bridge or structure not covered by other source codes. Includes work
on items such as stairways, drains, fencing, light bases, transient guards, and access doors. Includes transient removal, ordering
materials, and picking up equipment. Includes related traffic control.
3049
On Call Electronic Communications Infrastructure
Maintenance To be used by Statewide Radio Communications personnel to record on-call time.
2142 Overhead Sign Panel Maintenance
Work related to the repair and replacement of overhead sign panels, extruded sign panels mounted on I-beams, and overhead
sign structures. Includes related cable locates and traffic control. Does not include structural work.
2102 Patching Related source type codes: 2103-Heavy patching, 2104-Bituminous paving, 2105-Blow patching
1520 Pavement Management System
For tasks related to the operation of the pavement management system, including development and maintenance/technical
support. Includes tasks to meet needs external to MnDOT.
2406 Plowing & Material Application
Shoulder to shoulder snow removal operation, winging back, snow blowing drifts, and the application of de-icing chemicals using
mobile equipment. Includes changing cutting edges during event and related traffic control.
3005 Radio - Mobile Equipment
Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications
systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment -
Must use Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list.
3027 Radio Programming
Creating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios
used as fixed base radios as part of the Inter-OP System (Use 3009).
3002 Radio/Electronic Infrastructure
Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications
systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment -
Must use Project number assigned to requesting agency; Department of Public Safety (DPS) includes State Patrol (SP) Bureau of
Criminal Apprehension (BCA), Fire Marshall); does not include Department of Natural Resources (DNR). See OSRC Project
3007 Radio/Electronic System Engineering Use for design of microwave, radio and miscellaneous electronic systems.
3009 Radio/Electronic System Upgrade & Installation
Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic
systems. Use for all work performed to correct or repair deficiencies found in a new installation.
1716 Record Sampling
Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and
checking inspectors' equipment during project construction as required by FHWA. Use when performing field tests on split
sample.
Page 3 of 5
Source
Code Title Description
2222 Sign/Delineation/Marker Repair
Replacing, repairing, and washing signs (including temporary stop signs). Includes re-sequencing intersection signing and
repair/replace overhead and extrude signs mounted on I-beams. Includes related cable locates and traffic control.
1182 Soils/Foundation Field/Laboratory Tests
All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals
for use in the development of Final Design Plans and Special Provisions. Lab work includes R-value, resilient modulus, soil
classification, gradation, proctor testing, unconfined compression, consolidation, direct simple shear, direct sheer, permeability
and triaxial tests.
1879 State Furnished Materials
Use to record labor hours, equipment usage, and material costs to supply state furnished materials to a state road construction
project with federal participation.
1738 State Project - Specific Materials Inspection
Performing material inspection and engineering for materials designated for a specific construction project (SP). Generally applies
to inspection of such things as structural steel, prestressed concrete items, and most precast concrete items and related technical
services in the field and offices when related to a particular SP. Use for SP specific tasks related to performing the review of shop
drawings furnished by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural
metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and technical
services in the field and offices).
1434 Structural Metals Inspection-Non DOT
Reviewing shop drawings furnished by suppliers, fabricators, and contractors (working drawing or calculations), and for tasks
related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and
engineering, and technical services in the field and offices) for local agency projects.
2629 Supplies & Small Tools Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit.
0152 Support Services
Work that supports general office management, system management such as entering data into SWIFT, PPMS, PUMA and other
MnDOT systems, attending staff meetings and other indirect support activities.
1312 Tech Assist-Outside MnDOT Use when providing technical assistance to an organization external to MnDOT.
3025 Tower/Building Maintenance
Use for all tasks related to the maintenance of a tower building or site. Includes towers, buildings, generators, LP system, fencing,
landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC.
1876 Traffic Counting
Use to record labor, equipment usage, and material costs for activities related to traffic counts made for statewide traffic
monitoring or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities,
collecting field data, processing data, and developing new techniques for collection.
1501 Traffic Management System (TMS)
Used by traffic operations staff for all tasks that support the RTMC's operations center (or TOCC) providing traveler information,
managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camera
maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables,
monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber
optics. Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes. Use
when providing traffic operations technical assistance external to MnDOT. Use with
Page 4 of 5
Source
Code Title Description
1513 Traffic Management System (TMS) Integration
For tasks associated with the incorporation of new and existing TMS devices (cameras, loops, DMS, and other ITS devices) into
existing infrastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation.
1500 Traffic Mgt System Maintenance
Used by staff to maintain various Intelligent Transportation System (ITS) devices such as dynamic message signs, ramp meters,
cameras, detection, cables, RICWS, video wall monitors, switches, routers or modems. Used to record all costs for maintenance
activities related to traffic management fiber optics. Not to be used for Lighting or Traffic Signal maintenance.
1721 Traffic Sign Work Orders Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081).
2863 Traffic Signal Inspection
Work related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal
systems/structures. Includes labor, equipment, materials, and traffic control.
1870 Traffic Signal Maintenance
Work related to the structural repair and replacement of traffic signal system structures and all electrical maintenance for traffic
signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public
inquiries.
2834 Waterway Maintenance
All tasks related to waterway maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and
channel protection repair that is not part of slope protection. Includes related traffic control.
Page 5 of 5
Stantec Consulting Services Inc.
733 Marquette Avenue, Suite 1000
Minneapolis MN 55402-2314
July 13, 2022
Project/File: 193805550
Tim Hoyt
Acting City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Dear Tim,
Reference: Proposed Mn/DOT Master Partnership Contract
The Minnesota Department of Transportation (Mn/DOT) has requested review and acceptance of a
proposed Master Partnership Contract (MPC) with the City of New Hope. The MPC provides a framework
for Mn/DOT and Local Agencies to provide services and payment to each other, which will maximize the
efficient delivery of services. Some services are included within the attached contract, and all other services
require work orders describing the costs and scope. The city has approved this type of master partnership
contract with Mn/DOT in the past.
We have reviewed the Master Partnership Contract and recommend approval. Attached is a sample
resolution that can be put into the city’s format for signature. A resolution will need to be signed to execute
the agreement. Upon the date of signature, the contract will be effective and is scheduled to expire on June
30, 2027.
If you have any questions or require further information, please call me at (612) 712-2021.
Sincerely,
STANTEC CONSULTING SERVICES INC.
Dan Boyum, P.E.
City Engineer
Phone: (612) 712-2021
Mobile: (651) 775-5098
dan.boyum@stantec.com
Attachment: Master Partnership Contract; Mn/DOT Master Partnership Contract Cover Letter; Sample Resolution
Cc: Valerie Leone, Bernie Weber, Dave Lemke, Nick Macklem, Shawn Markham – New Hope; Ann Ackerson - Stantec
Metro State Aid 651‐234‐7773
1500 County Road B2, Roseville, MN 55113 sharon.lemay@state.mn.us
An Equal Opportunity Employer
To: Local Agency Date: July 19, 2022
RE: Proposed Master Partnership Contract
Attached is a copy of a proposed master partnership contract between the Minnesota Department of
Transportation (Mn/DOT) and your Local Agency.
The Master Partnership Contract provides a framework for Mn/DOT and Local Agencies to provide
services and payment to each other. A few MnDOT provided routine services are included in the
contract—see Exhibit A‐‐ but all other services require work orders describing costs and scope.
Kindly review the enclosed document and if acceptable, arrange to have it presented to your
Council/Board for their approval and execution. Please provide signatures only under the Local
Government heading.
Also required is a new resolution passed by the Council/Board authorizing its officials to sign and
execute the agreement on its behalf. (Only the named officials may sign the agreement: if anyone else
signs in the named official’s place, the agreement will not be executed.)
Please return to me at sharon.lemay@state.mn.us. Please note that no work shall be performed by
Mn/DOT personnel until the full execution of the agreement. After execution by Mn/DOT and other
State officials, a copy of the agreement will be returned to you.
If you have any questions or require additional information, please feel free to contact me at 651‐234‐
7773. If your local agency will not be executing this contract, please send me an email informing me of
this so I can remove you from our list.
Thank You
Sharon LeMay, Metro State Aid
I:\RFA\City Manager\2022\State of MN JPA\6.6 Q&R ‐ State of Minnesota JPA 072522.docx
Request for Action
July 25, 2022
Approved by: Tim W. Hoyt, Acting City Manager
Originating Department: City Manager
By: Tim W. Hoyt, Acting City Manager
Agenda Title
Resolution approving State of Minnesota Joint Powers Agreements with the city of New Hope on behalf of its
city attorney and police department
Requested Action
Staff is requesting approval of agreements with the state for access to the Bureau of Criminal Apprehension’s
criminal justice data communications network.
Policy/Past Practice
The city frequently enters into joint powers agreements for shared resources.
Background
The police department and city attorney’s office utilize the criminal justice data communications network
provided by the state of Minnesota through the BCA. The state requires the city to sign agreements every five
years.
Funding
The city pays an annual fee of $3,960 for the network connection. Funds for this expense are included in the
police department’s budget.
Attachments
Resolution
State of Minnesota Joint Powers Agreement
Court Data Services Subscribe Amendment to CJDN Subscriber Agreement
Agenda Section
Consent
Item Number
6.6
City of New Hope
Resolution No. 2022‐
Resolution approving State of Minnesota Joint Powers Agreements
with the city of New Hope on behalf of its city attorney and police department
WHEREAS, the city of New Hope on behalf of its Prosecuting Attorney and Police Department desires to enter
into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal
Apprehension to use systems and tools available over the State’s criminal justice data communications network
for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add,
modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to
pay the costs for the network connection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of New Hope, Minnesota as follows:
1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through
its Department of Public Safety, Bureau of Criminal Apprehension and the City of New Hope on behalf of its
Prosecuting Attorney and Police Department, are hereby approved.
2. That the Chief of Police, Tim Hoyt, or his or her successor, is designated the Authorized Representative for the
Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or
agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems
and tools offered by the State.
3. That the City Attorney, Stacy Woods, or his or her successor, is designated the Authorized Representative for
the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent
amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to
the systems and tools offered by the State.
4. The Kathi Hemken, the Mayor for the City of New Hope, and Valerie Leone, the City Clerk, are authorized to
sign the State of Minnesota Joint Powers Agreements.
Passed and Adopted by the Council on this 25th day of July, 2022.
CITY OF NEW HOPE
By: Kathi Hemken
Its Mayor
ATTEST: _______________________________
By: Valerie Leone
Its City Clerk
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State of Minnesota
Joint Powers Agreement
This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the
Bureau of Criminal Apprehension ("BCA"), and the City of New Hope on behalf of its Police Department ("Governmental
Unit"). The BCA and the Governmental Unit may be referred to jointly as “Parties.”
Recitals
Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are
necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data
communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a).
The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the
terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of
data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access
data in support of its official duties.
The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and
tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
1 Term of Agreement
1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minn.
Stat. § 16C.05, subdivision 2.
1.2 Expiration Date. This Agreement expires five years from the date it is effective.
2 Agreement Between the Parties
2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice
Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is
authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2 Methods of Access.
The BCA offers three (3) methods of access to its systems and tools. The methods of access are:
A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit’s
equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user
entering a query into one of BCA’s systems or tools.
B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental
Unit to obtain data and information from BCA’s systems and tools. This method of access generally
results in the Governmental Unit with indirect access obtaining the needed data and information in a
physical format like a paper report.
C. Computer-to-Computer System Interface occurs when the Governmental Unit’s computer exchanges
data and information with BCA’s computer systems and tools using an interface. Without limitation,
interface types include: state message switch, web services, enterprise service bus and message
queuing.
For purposes of this Agreement, Governmental Unit employees or contractors may use any of these
methods to use BCA’s systems and tools as described in this Agreement. Governmental Unit will select a
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DPS/BCA CJDN JPA_March 2021
method of access and can change the methodology following the process in Clause 2.10.
2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may
provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime
Information Center.
2.4 Governmental Unit Policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have
policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality
assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation.
Governmental Unit has created its own policies to ensure that Governmental Unit’s employees and
contractors comply with all applicable requirements. Governmental Unit ensures this compliance through
appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from
time to time, are incorporated into this Agreement by reference. The policies are available at
https://bcanextest.x.state.mn.us/launchpad/.
2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state
requirements on access to and use of the various systems and tools, information is available at
https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is
found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data
available at https://bcanextest.x.state.mn.us/launchpad/cjisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS.
2.6 Access Granted.
A. Governmental Unit is granted permission to use all current and future BCA systems and tools for
which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all
applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement;
and (iii) acceptance by BCA of Governmental Unit’s written request for use of a specific system or tool.
B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative
authority to make written requests for those systems and tools provided by BCA that the
Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is
eligible.
2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit
with access to those systems or tools which may become available after the signing of this Agreement, to
the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be
bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools
provided under this Agreement.
2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making
information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws
when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own
compliance with the most current applicable state and federal laws.
2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA
and the Governmental Unit regarding access to and use of systems and tools provided by BCA.
2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information
whether required by law or this Agreement, the party will send the new information to the other party in
writing within 30 days of the change. This clause does not apply to changes in systems or tools provided
under this Agreement.
This requirement to give notice additionally applies to changes in the individual or organization serving the
Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be
provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us.
2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing
its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause
7, there must be a method of identifying which individual users at the Governmental Unit conducted a
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particular transaction.
If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in
Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements.
When Governmental Unit’s method of access is a computer-to-computer interface as described in Clause
2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and
permit the audits described in Clause 7 to occur.
If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota
Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction
record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record
must include the individual user who requested access, and the date, time and content of the request. The
transaction record must also include the date, time and content of the response along with the destination
to which the data were sent. The transaction record must be maintained for a minimum of six (6) years
from the date the transaction occurred and must be made available to the BCA within one (1) business day
of the BCA’s request.
2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court
Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data
Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by
reference. These BCA systems and tools are identified in the written request made by the Governmental
Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional
terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction
records or logs, that govern Governmental Unit’s access to and/or submission of the Court Records
delivered through the BCA systems and tools.
2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of
Governmental Unit as is required by the FBI CJIS Security Policy. The BCA will maintain records of the
federal, fingerprint-based background check on each vendor employee as well as records of the completion
of the security awareness training that may be relied on by the Governmental Unit.
3 Payment
The Governmental Unit currently accesses the criminal justice data communications network described in Minn.
Stat. §299C.46. The bills are sent annually for a total annual cost of Three Thousand Nine Hundred Sixty Dollars
($3,960.00).
The Governmental Unit will identify its contact person for billing purposes, and will provide updated information
to BCA’s Authorized Representative within ten business days when this information changes.
If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause
2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in
that amendment.
4 Authorized Representatives
The BCA’s Authorized Representative is the person below, or her successor:
Name: Dana Gotz, Deputy Superintendent
Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension
1430 Maryland Avenue
Saint Paul, MN 55106
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DPS/BCA CJDN JPA_March 2021
Telephone: 651.793.1007
Email Address: Dana.Gotz@state.mn.us
The Governmental Unit’s Authorized Representative is the person below, or his/her successor:
Name: Tim Hoyt, Chief
Address: 4401 Xylon Ave N
New Hope, MN 55428
Telephone: 763.531.5170
Email Address: thoyt@newhopemn.gov
5 Assignment, Amendments, Waiver, and Agreement Complete
5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above
must be in writing and will not be effective until it has been signed and approved by the same parties who
signed and approved the original agreement, their successors in office, or another individual duly
authorized.
5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the
provision or the right to enforce it.
5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the
Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be
used to bind either party.
6 Liability
Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat.
§ 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat.
Ch. 466 and other applicable laws, governs the Governmental Unit’s liability.
7 Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit’s books, records, documents, internal policies
and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA,
the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this
Agreement.
Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting
procedures and practices of BCA. The examination shall be limited to the books, records, documents, and
accounting procedures and practices that are relevant to this Agreement.
7.2 Under applicable state and federal law, the Governmental Unit’s records are subject to examination by the
BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data.
7.3 If the Governmental Unit accesses federal databases, the Governmental Unit’s records are subject to
examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make
any requested data available for review and audit.
7.4 If the Governmental Unit accesses state databases, the Governmental Unit’s records are subject to
examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any
requested data available for review and audit.
7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an
inventory of the equipment used to access the data covered by this Agreement and the physical location of
each.
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DPS/BCA CJDN JPA_March 2021
8 Government Data Practices
8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement,
and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the
release of the data referred to in this clause by either the Governmental Unit or the BCA.
8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment
referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following
provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to
the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court.
All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the
Governmental Unit comply with the Rules of Public Access for those data received from Court under the
Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access
to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment,
may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal
law. All parties acknowledge and agree that these applicable restrictions must be followed in the
appropriate circumstances.
9 Investigation of Alleged Violations; Sanctions
For purposes of this clause, “Individual User” means an employee or contractor of Governmental Unit.
9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible
prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental
Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures
referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will
inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When
Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA
subject to any restrictions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including
those governed by a collective bargaining agreement.
9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment,
Governmental Unit must determine if and when an involved Individual User’s access to systems or
tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access
may be made as soon as alleged violation is discovered, after notice of an alleged violation is
received, or after an investigation has occurred. Governmental Unit must report the status of the
Individual User’s access to BCA without delay. BCA reserves the right to make a different
determination concerning an Individual User’s access to systems or tools than that made by
Governmental Unit and BCA’s determination controls.
9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools
covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools
under this Agreement until the failure is remedied to the BCA’s satisfaction. If Governmental Unit’s
failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement
immediately.
9.3 Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and
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DPS/BCA CJDN JPA_March 2021
the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber
Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its
own initiative or when directed by the Court. The decision to suspend or terminate access may be made as
soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an
investigation has occurred. The decision to suspend or terminate may also be made based on a request
from the Authorized Representative of Governmental Unit. The agreement further provides that only the
Court has the authority to reinstate access and use.
9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment
and if Governmental Unit’s Individual Users violate the provisions of that Amendment, access and
use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is
only at the direction of the Court.
9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its
Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an
investigation as described in Clause 9.1 may occur.
10 Venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without
cause, upon 30 days’ written notice to the other party’s Authorized Representative.
11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued
at a level sufficient to allow for the payment of the services covered here. Termination must be by written
notice to the other party’s authorized representative. The Governmental Unit is not obligated to pay for any
services that are provided after notice and effective date of termination. However, the BCA will be entitled
to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds
are available. Neither party will be assessed any penalty if the agreement is terminated because of the
decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack
of funding must be provided within a reasonable time of the affected party receiving that notice.
12 Continuing Obligations
The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data
Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue.
THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK
SWIFT Contract # 212424
MN0271400
7
DPS/BCA CJDN JPA_March 2021
The Parties indicate their agreement and authority to execute this Agreement by signing below.
1. GOVERNMENTAL UNIT
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
3. COMMISSIONER OF ADMINISTRATION
As delegated to the Office of State Procurement
By: ______________________________________________
Date: _____________________________________________
1
COURT DATA SERVICES SUBSCRIBER AMENDMENT TO
CJDN SUBSCRIBER AGREEMENT
This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the
State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, (“BCA”) and the City of New Hope on behalf of its Police Department (“Agency”),
and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s
Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action
against any party.
Recitals
This Subscriber Amendment modifies and supplements the Agreement between the BCA and
Agency, SWIFT Contract number 212424, of even or prior date, for Agency use of BCA systems
and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and
tools that include access to and/or submission of Court Records may only be utilized by the Agency
if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA
systems and tools to access and/or submit Court Records to assist the Agency in the efficient
performance of its duties as required or authorized by law or court rule. Court desires to permit
such access and/or submission. This Subscriber Amendment is intended to add Court as a party to
the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be
enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for
Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”)
between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on
behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN
Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the
CJDN Subscriber Agreement as stated below.
The CJDN Subscriber Agreement is amended by the addition of the following provisions:
1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber
Amendment shall be effective on the date finally executed by all parties and shall remain in effect
until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as
provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment
with or without cause by giving written notice to all other parties. The effective date of the
termination shall be thirty days after the other party's receipt of the notice of termination, unless a
later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15
through 24 shall survive any termination of this Subscriber Amendment as shall any other
provisions which by their nature are intended or expected to survive such termination. Upon
termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof.
2. Definitions. Unless otherwise specifically defined, each term used herein shall have
the meaning assigned to such term in the CJDN Subscriber Agreement.
2
a. “Authorized Court Data Services” means Court Data Services that have
been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an
Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and
the BCA. b. “Court Data Services” means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the
same may be amended from time to time by the Court.
c. “Court Records” means all information in any form made available by the
Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including:
i. “Court Case Information” means any information in the Court Records
that conveys information about a particular case or controversy, including
without limitation Court Confidential Case Information, as defined
herein.
ii. “Court Confidential Case Information” means any information in the
Court Records that is inaccessible to the public pursuant to the Rules of
Public Access and that conveys information about a particular case or
controversy.
iii. “Court Confidential Security and Activation Information” means any
information in the Court Records that is inaccessible to the public
pursuant to the Rules of Public Access and that explains how to use or
gain access to Court Data Services, including but not limited to login
account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases,
and other technical information.
iv. “Court Confidential Information” means any information in the Court
Records that is inaccessible to the public pursuant to the Rules of Public
Access, including without limitation both i) Court Confidential Case
Information; and ii) Court Confidential Security and Activation
Information.
d. “DCA” shall mean the district courts of the state of Minnesota and their
respective staff.
e. “Policies & Notices” means the policies and notices published by the Court
in connection with each of its Court Data Services, on a website or other location designated
by the Court, as the same may be amended from time to time by the Court. Policies &
Notices for each Authorized Court Data Service identified in an approved request form
under section 3, below, are hereby made part of this Subscriber Amendment by this
reference and provide additional terms and conditions that govern Subscriber’s use of Court
Records accessed through such services, including but not limited to provisions on access
and use limitations.
3
f. “Rules of Public Access” means the Rules of Public Access to Records of
the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
amended from time to time, including without limitation lists or tables published from time
to time by the Court entitled Limits on Public Access to Case Records or Limits on Public
Access to Administrative Records, all of which by this reference are made a part of this
Subscriber Amendment. It is the obligation of Subscriber to check from time to time for
updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for
which the current address is www.courts.state.mn.us.
g. “Court” shall mean the State of Minnesota, State Court Administrator's
Office.
h. “Subscriber” shall mean the Agency.
i. “Subscriber Records” means any information in any form made available
by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment.
3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following
execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or
more separate requests for Authorized Court Data Services. The BCA is authorized in the Master
Authorization Agreement to process, credential and approve such requests on behalf of Court and
all such requests approved by the BCA are adopted and incorporated herein by this reference the
same as if set forth verbatim herein.
a. Activation. Activation of the requested Authorized Court Data Service(s)
shall occur promptly following approval.
b. Rejection. Requests may be rejected for any reason, at the discretion of the
BCA and/or the Court.
c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services
previously requested by submitting a notice to Court with a copy to the BCA. Promptly
upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data
Services does not terminate this Subscriber Amendment. Provisions for termination of this
Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court
Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f)
hereof.
4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to
and/or submission of the Court Records shall be limited to Authorized Court Data Services
identified in an approved request form under section 3, above, and other Court Records necessary
for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be
used according to the instructions provided in corresponding Policies & Notices or other materials
and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties
4
required or authorized by law or court rule in connection with any civil, criminal, administrative, or
arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory
body. Subscriber’s access to the Court Records for personal or non-official use is prohibited.
Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set
forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services
documentation, and upon any such unauthorized use or attempted use the Court may immediately
terminate this Subscriber Amendment without prior notice to Subscriber.
5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees:
a. To not disclose Court Confidential Information to any third party except
where necessary to carry out the Subscriber’s duties as required or authorized by law or
court rule in connection with any civil, criminal, administrative, or arbitral proceeding in
any Federal, State, or local court or agency or before any self-regulatory body.
b. To take all appropriate action, whether by instruction, agreement, or
otherwise, to insure the protection, confidentiality and security of Court Confidential
Information and to satisfy Subscriber’s obligations under this Subscriber Amendment.
c. To limit the use of and access to Court Confidential Information to
Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of
this Subscriber Amendment, and to advise each individual who is permitted use of and/or
access to any Court Confidential Information of the restrictions upon disclosure and use
contained in this Subscriber Amendment, requiring each individual who is permitted use of
and/or access to Court Confidential Information to acknowledge in writing that the
individual has read and understands such restrictions. Subscriber shall keep such
acknowledgements on file for one year following termination of the Subscriber Amendment
and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with
access to, and copies of, such acknowledgements upon request. For purposes of this
Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are
employees of Subscriber or provide services to Subscriber either on a voluntary basis or as
independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the
obligations of Subscriber and its bona fide personnel with respect to the confidentiality and
security of Court Confidential Information shall survive the termination of this Subscriber
Amendment and the CJDN Subscriber Agreement and the termination of their relationship
with Subscriber.
e. That, notwithstanding any federal or state law applicable to the nondisclosure
obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber
Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are
founded independently on the provisions of this Subscriber Amendment.
6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS.
Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
5
7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the
term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby
grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services
Programs and Court Data Services Databases to access or receive the Authorized Court Data
Services identified in an approved request form under section 3, above, and related Court Records.
Court reserves the right to make modifications to the Authorized Court Data Services, Court Data
Services Programs, and Court Data Services Databases, and related materials without notice to
Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor
of the Court Data Services Programs. The combination of ideas, procedures, processes,
systems, logic, coherence and methods of operation embodied within the Court Data
Services Programs, and all information contained in documentation pertaining to the Court
Data Services Programs, including but not limited to manuals, user documentation, and
passwords, are trade secret information of Court and its licensors.
b. Court Data Services Databases. Court is the copyright owner and licensor
of the Court Data Services Databases and of all copyrightable aspects and components
thereof. All specifications and information pertaining to the Court Data Services Databases
and their structure, sequence and organization, including without limitation data schemas
such as the Court XML Schema, are trade secret information of Court and its licensors.
c. Marks. Subscriber shall neither have nor claim any right, title, or interest in
or use of any trademark used in connection with Authorized Court Data Services, including
but not limited to the marks “MNCIS” and “Odyssey.”
d. Restrictions on Duplication, Disclosure, and Use. Trade secret information
of Court and its licensors will be treated by Subscriber in the same manner as Court
Confidential Information. In addition, Subscriber will not copy any part of the Court Data
Services Programs or Court Data Services Databases, or reverse engineer or otherwise
attempt to discern the source code of the Court Data Services Programs or Court Data
Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used
herein, "trade secret information of Court and its licensors" means any information
possessed by Court which derives independent economic value from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use. "Trade secret information of Court and its
licensors" does not, however, include information which was known to Subscriber prior to
Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors,
information which is independently developed by Subscriber without reference to or use of
information received from Court or its licensors, or information which would not qualify as
a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d,
for Subscriber to make up to one copy of training materials and configuration
documentation, if any, for each individual authorized to access, use, or configure Authorized
Court Data Services, solely for its own use in connection with this Subscriber Amendment.
Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and
trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel
who are permitted access to any of the Court Data Services Programs and Court Data
Services Databases, and trade secret information of Court and its licensors, of the
restrictions upon duplication, disclosure and use contained in this Subscriber Amendment.
6
e. Proprietary Notices. Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court Data
Services Databases, related documentation, or trade secret information of Court and its
licensors, or any part thereof, made available by Court directly or through the BCA, if any,
and Subscriber will include in and/or on any copy of the Court Data Services Programs or
Court Data Services Databases, or trade secret information of Court and its licensors and any
documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that
copyright notices shall be updated and other proprietary notices added as may be
appropriate.
f. Title; Return. The Court Data Services Programs and Court Data Services
Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, if any, made
available by the Court to Subscriber directly or through the BCA and all copies, including
partial copies, thereof are and remain the property of the respective licensor. Except as
expressly provided in section 12.b., within ten days of the effective date of termination of
this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a
request for termination of Authorized Court Data Service as described in section 4,
Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court
Data Services Programs and Court Data Services Databases, and related documentation,
including but not limited to training and configuration materials, if any, and logon account
information, if any; or (2) destroy the same and certify in writing to the Court that the same
have been destroyed.
8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s
licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber
Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not
have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its
obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be
entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of
the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not
afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or
bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA
for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any
relief pursuant to this Subscriber Amendment.
9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly
provided herein, each party will be responsible for its own acts and the results thereof to the extent
authorized by law and shall not be responsible for the acts of any others and the results thereof.
Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court
and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of
Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a
political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the
provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law.
Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a
separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958.
7
10. AVAILABILITY. Specific terms of availability shall be established by the Court
and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to
terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s
Authorized Court Data Services in the event the capacity of any host computer system or legislative
appropriation of funds is determined solely by the Court to be insufficient to meet the computer
needs of the courts served by the host computer system.
11. [reserved]
12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set
forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in
this Subscriber Amendment.
a. Judicial Policy Statement. Subscriber agrees to comply with all policies
identified in Policies & Notices applicable to Court Records accessed by Subscriber using
Authorized Court Data Services. Upon failure of the Subscriber to comply with such
policies, the Court shall have the option of immediately suspending the Subscriber’s
Authorized Court Data Services on a temporary basis and/or immediately terminating this
Subscriber Amendment.
b. Access and Use; Log. Subscriber shall be responsible for all access to and
use of Authorized Court Data Services and Court Records by Subscriber’s bona fide
personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber
has knowledge of or authorizes such access and use. Subscriber shall also maintain a log
identifying all persons to whom Subscriber has disclosed its Court Confidential Security and
Activation Information, such as user ID(s) and password(s), including the date of such
disclosure. Subscriber shall maintain such logs for a minimum period of six years from the
date of disclosure, and shall provide the Court with access to, and copies of, such logs upon
request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court
Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain
such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber.
c. Personnel. Subscriber agrees to investigate, at the request of the Court
and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel
having access to or use of Authorized Court Data Services, Court Confidential Information,
or trade secret information of the Court and its licensors where such persons are alleged to
have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial
Branch policies, or other security requirements or laws regulating access to the Court
Records.
d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota
Government entity that is subject to the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn.
Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision
4(e) requires that Subscriber comply with the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court for access to Court Records provided via the
8
BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court
Records may be restricted by rules promulgated by the Minnesota Supreme Court,
applicable state statute or federal law; and (4) these applicable restrictions must be followed
in the appropriate circumstances.
13. FEES; INVOICES. Unless the Subscriber is an office, officer, department,
division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth
in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable
monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of
this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies &
Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment
of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of
the date of the invoice, the Court may immediately cancel this Subscriber Amendment without
notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have
been appropriated for the payment of charges under this Subscriber Amendment for the current
fiscal year, if applicable.
14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies
& Notices as provided herein, and the modified fees shall be effective on the date specified in the
Policies & Notices, which shall not be less than thirty days from the publication of the Policies &
Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber
Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS.
a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE
IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER
PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT.
b. ACCURACY AND COMPLETENESS OF INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH,
COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE
ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE
COURT RECORDS.
16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor
and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the
Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA
shall have the right nor the authority to assume, create or incur any liability or obligation of any
kind, express or implied, against or in the name of or on behalf of the other.
17. NOTICE. Except as provided in section 2 regarding notices of or modifications to
Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber
9
hereunder shall be deemed to have been received when personally delivered in writing or seventy-
two (72) hours after it has been deposited in the United States mail, first class, proper postage
prepaid, addressed to the party to whom it is intended at the address set forth on page one of this
Agreement or at such other address of which notice has been given in accordance herewith.
18. NON-WAIVER. The failure by any party at any time to enforce any of the
provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in
equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of
any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the
instance to which such waiver is directed.
19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure
or delay in the performance of their respective obligations hereunder caused by acts beyond their
reasonable control.
20. SEVERABILITY. Every provision of this Subscriber Amendment shall be
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber
Amendment, and all other provisions shall remain in full force and effect.
21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its rights or obligations hereunder without the prior written
consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of
the Parties hereto and their respective successors and assigns, including any other legal entity into,
by or with which Subscriber may be merged, acquired or consolidated.
22. GOVERNING LAW. This Subscriber Amendment shall in all respects be
governed by and interpreted, construed and enforced in accordance with the laws of the United
States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this
Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal
court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits
itself to the personal jurisdiction of said courts for that purpose.
24. INTEGRATION. This Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions of
the CJDN Subscriber Agreement and all previous amendments remain in full force and effect
except as supplemented or modified by this Subscriber Amendment.
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this
Subscriber Amendment in duplicate, intending to be bound thereby.
10
1. SUBSCRIBER (AGENCY)
Subscriber must attach written verification of
authority to sign on behalf of and bind the entity,
such as an opinion of counsel or resolution.
Name: _______________________________________
(PRINTED)
Signed: _______________________________________
Title: ________________________________________
(with delegated authority)
Date: ________________________________________
Name: _______________________________________
(PRINTED)
Signed: _______________________________________
Title: ________________________________________
(with delegated authority)
Date: ________________________________________
2. DEPARTMENT OF PUBLIC SAFETY,
BUREAU OF CRIMINAL APPREHENSION
Name: ____________________________________________
(PRINTED)
Signed: ___________________________________________
Title: _____________________________________________
(with delegated authority)
Date: _____________________________________________
3. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By: ______________________________________________
Date: _____________________________________________
4. COURTS
Authority granted to Bureau of Criminal Apprehension
Name: ____________________________________________
(PRINTED)
Signed: ___________________________________________
Title: _____________________________________________
(with authorized authority)
Date: _____________________________________________
I:\RFA\PUBWORKS\2022\Council\1037 Meadow Lake Golf Course Culvert\RFA & Resolution 1037 Final Payment Meadow Lake Golf Course Culvert.docx
Request for Action
July 25, 2022
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Public Works
By: Bernie Weber, Director
Agenda Title
Resolution approving final payment of $18,987.50 to Northwest Asphalt for the Meadow Lake/Golf Course
Culvert Replacement Project (Improvement Project No. 1037)
Requested Action
Staff recommends approval of a resolution to accept the Meadow Lake/Golf Course culvert replacement
project (Improvement Project No. 1037) and authorize final payment to Northwest Asphalt in the amount of
$18,987.50. All of the necessary paperwork has been provided by the contractor.
Policy/Past Practice
The City Council routinely considers public infrastructure improvement projects to extend the useful life of
the infrastructure and improve the level of service. The city does periodic improvements on their storm sewer
system when needed. The Meadow Lake drawdown provided an opportunity to do improvements to the
culvert area between the golf course pond and Meadow Lake.
Background
The culvert between the golf course pond and Meadow Lake was placed in 1995. Since that time, there have
been changes in the shoreline area at the inlet and outlet of the culvert. Due to the soils in the area, some
material appeared to have migrated into the pond that left a hump over the top of the culvert. The existing
pipe was found to be in good condition as it still flows north and has not changed its elevation at the golf
course pond. Thus, stabilizing the shoreline with rock rip rap was completed. The rock used for stabilization
was sourced from the rock that was originally placed in the islands at the City Hall and Pool parking lots.
The flared end that outfalls into Meadow Lake was adjusted to a northwesterly direction to prevent shoreline
erosion on the private residence to the north. Access gates were added to the chain link fence to allow for
easier maintenance access in the future. Proceeding with this work in conjunction with the Meadow Lake
drawdown allowed for easier construction of the improvements.
The final construction amount is $58,590 or $11,464 under the original contract amount of $70,054. The
contract included no change orders. The under run was primarily due to a reduction in the length of chain
link fence that required removal and replacement.
Funding
Each year, $100,000 is available in the CIP for stormwater improvement projects. Costs associated with the
Meadow Lake/Golf Course Culvert Improvement Project will be funded by total maximum daily load
(TMDL) funds available in the CIP. This funding is dedicated to fund projects that help address TMDL issues.
The golf course pond drains into Meadow Lake, which is listed by the MPCA as an impaired waterbody for
excess nutrients and has a nutrients TMDL. This project corrected the eroding pond slopes which should
address excess nutrients entering from the shoreline of the golf course pond.
Agenda Section
Consent
Item Number
6.7
Attachments
Resolution
Engineer’s Memo
Final Pay Request and documents
City of New Hope
Resolution No. 22‐
Resolution approving final payment of $18,987.50 to Northwest Asphalt
for the Meadow Lake/Golf Course Culvert Replacement Project
(Improvement Project No. 1037)
WHEREAS, city staff has identified the need for culvert improvements specified in the capital
improvement plan; and
WHEREAS, the stormwater improvements in this area are identified to follow the capital improvement
plan adopted by Council; and
WHEREAS, the city has entered into a contract with Northwest Asphalt for the Meadow Lake/Golf
Course Culvert Replacement Project; and
WHEREAS, staff is recommending that the Council adopt a resolution to accept Improvement Project
No. 1037 and approve final payment to Northwest Asphalt in the amount of $18,987.50; 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 Northwest Asphalt.
NOW, THEREFORE, BE IT RESOLVED,
1. That the City Council accepts the Meadow Lake/Golf Course Culvert Replacement
Project from Northwest Asphalt
2. That the city manager is hereby directed to authorize the final payment in the
amount of $18,987.50
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 25th day of July,
2022.
_______
Mayor
Attest: ________________________
City Clerk
Stantec Consulting Services Inc.
733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309
July 19, 2022
File:193805235
Attention:Bernie Weber, Director of Public Works
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Dear Bernie,
Reference: Final Payment Invoice – Culvert Improvement Meadow Lake/Golf
City Project No. 1037
Enclosed find Invoice No. 2 & Final for the above referenced project. The contractor, Northwest
Asphalt, has completed the work in accordance with the contract plans and specifications and
submitted final closeout forms. Therefore, it is recommended that final payment of $18,987.50 is
made and the City of New Hope accepts the project.
The Final Construction Amount is $58,590, or $11,464 under the Original Contract Amount of
$70,054. The contract included no change orders. The under run was primarily due a reduction in
the length of chain link fence requiring removal and replacement.
If you have any questions or require further information, please call me at (612) 712-2021.
Regards,
Stantec Consulting Services Inc.
Dan D. Boyum, P.E.
City Engineer
Phone: 612 712 2021
dan.boyum@stantec.com
Attachments:Pay Request No. 2 & Final
c.Tim Hoyt, Valerie Leone, Dave Lemke, Shawn Markham, Andrew Kramer, Nick Macklem – New Hope; Stacy
Woods – City Attorney; Ann Ackerson– Stantec.
I:\RFA\PUBWORKS\2022\Council\1071 Mechanics Bay Vehicle Lift\7‐25 Final Payment & Close out\Q & R ‐ Central Garage Vehicle Lift Final Payment.docx
Request for Action
July 25, 2022
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Public Works
By: Bernie Weber, Director
Agenda Title
Resolution approving final payment of $6,057.81 to Met‐Con Construction, Inc. for the Mechanic’s Bay Vehicle
Lift Replacement Project (Improvement Project No. 1071)
Requested Action
Staff recommends approval of a resolution to accept the Mechanic’s Bay Vehicle Lift Replacement Project
(Improvement Project No. 1071) and authorize final payment to Met‐Con Construction, Inc. in the amount of
$6,057.81. All of the necessary paperwork has been provided by the contractor.
Policy/Past Practice
The city develops a ten‐year capital improvement program (CIP) for capital equipment, facility
improvements, and infrastructure projects. Every two years the CIP is reviewed, updated, and extended two
years for another ten‐year period.
Background
The purchase of a central garage mechanics bay 50,000 lb. vehicle lift replacement was listed in the 2021 CIP.
The vehicle lift is used to lift city vehicles for inspections and repair. This includes dump trucks, loaders and
tractors. The previous 50,000 lb. vehicle lift was installed in 2000. There was rust occurring in the pit of the lift,
and bolt life expectancy was in question. Past certifications of the vehicle lift have recommended
replacement. The condition and age of the previous lift warranted the replacement.
The final construction amount is $121,156.20 or equal to the contract amount after Change Order No. 1 was
approved at the February 28 council meeting. Change Order No. 1 increased the contract amount for
installation from $111,500 to $121,156.20 for a total amount of $229,512.47 when also including the vehicle lift
purchase price of $108,356.27.
Funding
Following Change Order No. 1, the updated total for the purchase and installation of the 50,000 lb. vehicle lift
replacement is $229,512.47 ($111,500 original install, $108,356.27 lift purchase price, and $9,656.20 Change Order
No. 1). The capital improvements fund currently has $200,000 allocated for the replacement of the lift. The
difference of $29,512.47 will come from the central garage reserve fund.
Attachments
Resolution
Stantec letter outlining final pay request
Agenda Section
Consent
Item Number
6.8
City of New Hope
Resolution No. 22‐
Resolution approving final payment of $6,057.81 to
Met‐Con Construction, Inc. for the Mechanic’s Bay Vehicle Lift
Replacement Project (Improvement Project No. 1071)
WHEREAS, the city of New Hope prepares a ten‐year capital improvement program (CIP) as a guiding
document for equipment acquisition and improvement projects to assist with preparation of each
annual operating budget; and,
WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize the acquisition of
individual equipment and/or projects listed therein; and,
WHEREAS, the city has entered into a contract with Met‐Con Construction, Inc. for the Mechanic’s Bay
Vehicle Lift Replacement Project (Improvement Project No. 1071); and
WHEREAS, the total contract amount is $121,156.20, and staff is recommending that the Council adopt a
resolution to accept Improvement Project No. 1071 and approve final payment to Met‐Con
Construction, Inc. in the amount of $6,057.81; 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 Met‐Con
Construction, Inc.
NOW, THEREFORE, BE IT RESOLVED,
1. That the City Council accepts the Mechanic’s Bay Vehicle Lift Replacement Project
(Improvement Project No. 1071) from Met‐Con Construction, Inc.
2. That the city manager is hereby directed to authorize the final payment in the
amount of $6,057.81
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota this 25th day of July,
2022.
__________ __________________
Mayor
Attest: ________ _________________
City Clerk
Transmittal
Stantec Architecture Inc. 733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309
Phone: (612) 712-2000
pb v:\1938\active\193804913\communications\correspondence\weber_bpp^met-con payapp3-final trn_20220718.docx
To: Bernie Weber From: Bruce Paulson
Company: City of New Hope ☐
☑
☑
☐
For Your Information
For Your Approval
For Your Review
As Requested
Address: 5500 International Parkway
New Hope, MN 55428
Phone: (763) 592-6772
Date: July 18, 2022
File: 193804913
Delivery: Email
Reference: New Hope Public Works Facility Mechanics Bay Lift Replacement Application and
Certificate for Payment
Attachment:
Copies Doc Date Pages Description
1 3/30/2022 3 Application and Certificate for Payment No. 3-final
Hi Bernie,
Please have the attached copy signed and then it can be scanned and emailed to Parker Beaupre
at parker.beaupre@met-con.com and to me. Please let me know if you need paper copies and I
will get them to you. Thank you.
Respectfully yours,
Stantec Architecture Inc.
Bruce P. Paulson
Senior Project Manager/Architect
Phone: (612) 712-2108
Cell: (651) 492-9089
Bruce.Paulson@stantec.com
c. File
Project: Date:July 18, 2022
For Period: Request No:3-FINAL
Contractor:
CONTRACTOR'S REQUEST FOR PAYMENT
NEW HOPE PUBLIC WORKS FACILITY MECHANICS BAY LIFT REPLACEMENT
CITY PROJECT NO. 1039
NEW HOPE, MINNESOTA
STANTEC FILE NO. 193804913
SUMMARY
1 Original Contract Amount $111,500.00
2 Change Order - Addition $9,656.20
3 Change Order - Deduction $0.00
4 Revised Contract Amount $121,156.20
5 Value Completed to Date $121,156.20
6 Material on Hand $0.00
7 Amount Earned $121,156.20
8 Less Retainage 5%$0.00
9 Subtotal $121,156.20
10 Less Amount Paid Previously $115,098.39
11 Liquidated damages - $0.00
12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO.3-FINAL $6,057.81
Recommended for Approval by:
STANTEC ARCHITECTURE INC.
See attached for signature
Approved by Contractor:Approved by Owner:
See attached for signature
Specified Contract Completion Date:Date:
December 18, 2021
Met-Con Construction, Inc., 15760 Acorn Trail, Faribault, MN 55021
New Hope Public Works Mechanics Bay Lift Replacement
4/1/2022 to 6/31/2022
MET-CON CONSTRUCTION, INC.CITY OF NEW HOPE
193804913 REQ3.xlsm
6,057.81July 18, 2022
I:\RFA\P&R\MISC\2022\Gymnastics Lease\Q & R ‐ Gymnastics Lease Agreement.docx
Request for Action
July 25, 2022
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Parks & Recreation
By: Susan Rader, Director
Agenda Title
Resolution approving the Sandburg Middle School Facility Use Agreement
Requested Action
Staff recommends approval of a new facility use agreement prepared by Independent School District 281 for
use of Sandburg Middle School’s Gym D from July 1, 2022 – June 30, 2023, at a yearly rate of $19,440.72, plus
building supervisor charges. Sandburg Middle School is located at 2400 Sandburg Lane in Golden Valley. The
previous agreement, which was for one year, expired on June 30, 2022.
Background
For many years, the Parks and Recreation‐sponsored Gymnastics program was held at Hosterman School in
the stage gym. In 2010, the school was sold to School District 287 and torn down to build a new school in its
place. At that time, staff began the search for a new space for the gymnastics program which included
approximately 3‐4,000 square feet of space and a ceiling height of at least 18 feet. Storage was a need if
equipment needed to be put up and taken down each day, although a dedicated space was preferred. Space
in commercial and industrial areas was looked at as well as District 281 space.
In September 2010, the city entered into a twenty‐one month agreement with District 281 for the dedicated
use of Sandburg Learning Center, Gym A. In June 2012, the City Council approved a one‐year agreement
with the rights to extend the agreement for five additional one‐year terms. At that time, District 281 staff
indicated that they would be willing to renew on a yearly basis, but they wanted to be able to include a cost
of living increase each year and/or to raise the building supervisor fees if they were increased for other users.
The fifth one‐year addendum was approved by the City Council in May 2017. In 2018, the District began
providing a new agreement each year.
The proposed lease agreement for July 1, 2022‐June 30, 2023 is $19,440.72 per year is an approximate 3%
increase and is the standard increase for all groups using Sandburg Middle School, including District 281
programs. The lease continues to cover the utilities and cleaning.
The building supervisor fees are charged separately by Community Education. Since July 1, 2018, the fees
have been $6 per hour during the school year and $15 per hour on Saturdays and during the summer.
Currently, there is no indication that the building supervisor fees will change. Based on scheduled use, staff
estimates the building supervisor fees between July 1, 2022‐June 30, 2023 to be approximately $7,200.
Agenda Section
Consent
Item Number
6.9
Request for Action, Page 2
Agreements and Addendums with District 281:
Dates Covered Agreement Amount Building
Supervisor Fees
Total
Original
Agreement
9/2010‐6/2012 $14,517.00 Included $14,517.00
Agreement 7/2012‐6/2013 $15,393.18 $3,604.82 $18,998.00
Addendum 1 7/2013‐6/2014 $15,858.84 $6,271.94 $22,130.78
Addendum 2 7/2014‐6/2015 $16,324.44 $5,821.76 $22,146.20
Addendum 3 7/2015‐6/2016 $16,817.52 $5,696.01 $22,513.53
Addendum 4 7/2016‐6/2017 $17,310.48 $5,868.89 $23,179.37
Addendum 5 7/2017‐6/2018 $17,010.60* $6,637.05 $23,647.65
Agreement 7/2018‐6/2019 $17,533.20 $7,644.50 $25,177.70
Agreement 7/2019‐6/2020 $12,789.61** $4,698.25** $17,487.86**
Agreement 7/2020‐6/2021 $17,0541.18** $6,861.71** $23,915.89**
Agreement 7/2021‐6/2022 $18,865.86 $7,200 est. $26,065.86 est.
Agreement 7/2022‐6/2023 $19,440.72 $7,200 est. $26,640.72 est.
* In September 2017, the facility re‐opened as a middle school. Due to the anticipated needs of the
school, the Gymnastics program was moved from Gym A to Gym D, which was 126 square feet
smaller in size. Gym D is approximately 2,600 square feet.
**In 2020, the lease amount was not charged for the second half of March, April, May, June or
December due to COVID‐19 and building supervisor costs were not incurred during this time. The
original agreement amounts were $18,055.83 (7/2019‐6/2020) and $18,604.56 (7/2020‐6/2021).
Funding
The proposed lease agreement for July 1, 2022‐June 30, 2023 is $19,440.72, which is an increase of $574.86 from
the previous agreement. Registration revenue from the gymnastics program will cover this additional cost
expected for 2023.
Funds have been/will be budgeted in the 2022 and 2023 Recreation budget to cover the lease and building
supervisor fee expenses for the gymnastics program. As in previous years, revenue from program fees will
cover all expenses including lease and building supervisor fees, seasonal staff, supplies, equipment, meet
fees, etc. Enrollment in 2021 totaled 572 class and competition registrations. Fees were increased by $2 for
2022 and an additional increase will take place in 2023.
Attachments
Resolution
Sandburg Middle School Facility Use Agreement
CITY OF NEW HOPE
Resolution No. 2022‐
Resolution approving the
Sandburg Middle School Facility Use Agreement
WHEREAS, the city of New Hope desires to provide social and recreational activities to area residents; and
WHEREAS, the city of New Hope has offered a youth gymnastics program for many years; and
WHEREAS, the city wishes to continue to offer gymnastics programs in a facility that has dedicated space
available.
NOW, THEREFORE, BE IT RESOLVED, that the city of New Hope will approve a facility use agreement with
Independent School District 281 for the City’s use of Gym D at the Sandburg Middle School.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 25th day of July 2022.
____________________________
Mayor
Attest: __________________________
City Clerk
Lease Agreement Between the City of New Hope, MN and Independent
School District No. 281
This Lease Agreement (“Lease”) is entered into on this 1st day of July, 2022, by and between the
CITY of NEW HOPE,a Minnesota municipal corporation(“Tenant”), and INDEPENDENT
SCHOOL DISTRICT NO. 281 , an independent school district created and existing under the
law of the State of Minnesota (“District”). The Tenant and the District are referred to
individually as “Party” and collectively as “Parties”.
RECITALS
The District and the Tenant have agreed to enter into this Lease for purposes of providing the
Tenant with facilities for the New Hope Park and Recreation Gymnastics Program
(“Program”).
AGREEMENT
The Tenant will lease the dedicated space of Gym D (2,613 sq.ft)and the storage room (174 sq.ft)
adjacent to Gym D at Sandburg Middle School,located at 2400 Sandburg Lane,Golden Valley,
MN 55427,identified on the attached “Exhibit B”for use by the Program.The District shall
retain unrestricted use and access to all doors to other rooms from Gym D.The District reserves
the right to provide another comparable space should Gym D at Sandburg Middle School become
unavailable for any reason.Should the Tenant be required to relocate pursuant to this paragraph,
Tenant is responsible for taking apart,moving and reconstructing any equipment owned by the
Tenant or the Program for use by the Program.
TERM AND RENEWALS
This Lease shall be for a term commencing on July 1, 2022 (“Commencement Date”) and
terminating June 30, 2023. The anniversary date shall be established as July 1, of each Renewal
Term of the Lease.
Provided neither Party provides written notice to the other Party not later than April 15th of the
Term or any Renewal Term of its intention to allow the Lease to expire,this Lease shall be
automatically renewed for one (1)year Renewal Terms on the same terms and conditions set forth
in this Lease except for any change in Rent amount as described herein (“Renewal Term”).
Notification of any increase in Rent,as determined by the District,shall be provided not later than
April 15th preceding any Renewal Term.Tenant shall have at least 15 days preceding any
Renewal Term to allow this Lease to expire if any increase to Rent is unacceptable to the Tenant
and the Parties cannot otherwise agree on a mutually acceptable increase in Rent.
Either Party may terminate this Lease for cause for a material breach of this Lease by the other
Party.In the event of any material breach of any of the terms of this Lease,the Party alleging the
breach may seek to terminate the Lease by providing the other Party with written notice
specifying the nature of the breach.If the breach is not remedied within thirty (30)days of the
date of delivery of such notice,the Party alleging the breach may terminate this Lease by sending
notice of termination to the other Party and termination will be effective upon the date of
delivery of such notice.The termination of the Lease for cause does not limit the rights of the
Party who terminated
1
1
the Lease to pursue all other remedies, including, but not limited to damages and costs, that may
exist due to the other Party’s material breach of the Lease.
EARLY TERMINATION
Notwithstanding any other provision hereof either District or Tenant may terminate this Lease
prior to the expiration of the Term (or prior to the expiration of any Renewal Term)upon sixty
(60)days'prior written notice,in such Party’s sole discretion,and such termination shall also
terminate any and all options to extend.
RELOCATION
The District agrees to provide a minimum of 90 days written notice to Tenant prior to exercising its right
to require Tenant to relocate to another space.
In the event that the Tenant is asked to relocate, the district will provide a moving allowance of up to $250
($125 each way). This allowance will be applied to the final invoice of the contract year in which the
move occurred.
ACCEPTANCE BY TENANT
Tenant certifies that Tenant has inspected the Leased Premises and accepts same "As Is,"in its
existing condition,as of the Commencement Date,together with all defects,latent or patent,if
any,and subject to all easements,encumbrances and restrictions and matters of record.Tenant
further acknowledges that the District has made no warranties or representations of any nature
whatsoever regarding Leased Premises including,without limitation,any relating to the physical
condition thereof or of any improvements located therein,or the suitability of the Leased
Premises for Tenant’s intended use.District shall not be required to perform any repair work,
alterations, or remodeling of the Building or Leased Premises as a condition of this Lease.
ACCESS TO PREMISES
During the school year,the Building will be open and the Leased Premises available for Program
use on Monday through Friday from 4:00 p.m 4:45pm -10:00 p.m.except for the following
holidays:New Year ’s Day,Martin Luther King Day,Presidents’Day,Good Friday,Easter
Monday,Memorial Day,July 4th observed holiday,Labor Day,Thanksgiving Day,the day after
Thanksgiving,Christmas Eve observed holiday and Christmas Day observed holiday.During the
school year,Tenant shall have access to the Building and the Leased Premises on Saturdays from
8:00 a.m. - 6:00 p.m., contingent upon the availability of a Building Supervisor.
When the District is not in session during the summer,the Building will be open and Leased
Premises available on Monday through Friday from 6:30 a.m.to 4:00 p.m.,beginning the
Monday following the last day of school.The Building will also be open and the Leased
Premises available during the summer on Monday through Friday from 4:00 p.m -10:00 p.m,
contingent on availability of a Building Supervisor.All permits must be scheduled with the
District Facility Scheduler not later than April 1st to ensure Building Supervisor services.
The cost of the Building Supervisor will not be included in the Rent. The Tenant will receive a
2
separate invoice monthly for Building Supervisor services.
Tenant shall comply with any reasonable security procedures established by the District to
prevent unauthorized access to the Leased Premises and Building property generally.Tenant and
District shall each designate emergency contact personnel to notify in case of an emergency
requiring access to the Leased Premises.
CARE AND MAINTENANCE
The District will provide one hour of custodial cleaning per week and daily trash removal.The
Tenant is responsible for daily cleaning of the premises which is to include daily mopping of the
mats using a mop and cleaning supplies that will be supplied by the District.The Tenant will also
follow the “District Care of Facilities” that is attached to this Lease as “Exhibit A”.
The District will deep clean the area annually.This will require the Tenant to remove all
equipment as directed by the Program Director of Custodial Services in coordination with the
District’s Community Education Department.This cleaning will occur at the end of the
Gymnastics Summer Program and before the Fall Program,in coordination with the cleaning
schedule of the District’s custodial staff.Annual cleaning will be conducted during the third (3rd)
or fourth (4th) week of August.
The District will be required to move equipment for building maintenance needs such as light
bulb replacement,ceiling maintenance issues,and other maintenance at its own expense.The
District is responsible for maintenance of its own equipment.
RENT
The Tenant agrees to pay the District $18,865.86 $19,440.72 annually as described in “Exhibit
C”.Rent shall be paid in monthly payments of $1,572.15 $1,620.06 on or before the first (1st)
day of every month.This will include use of the dedicated space,annual cleaning,custodial
service and utilities.The Tenant will be responsible for payment for fees related to all Building
Supervisors.The District is not responsible for any telephone or internet services.Any increases
in Rent will occur in a manner described elsewhere in this Lease regarding establishment of any
Renewal Term.
USE BY TENANT
1.Use.Tenant shall exercise the rights granted hereunder solely and exclusively for the Program.
Tenant shall not use,or suffer the use of the Leased Premises for any other use,business,or
purpose other than those specifically permitted by this Lease.
2.Waste or Nuisance.Tenant shall not commit or suffer to be committed any waste upon or
within the Building or Leased Premises,commit or permit the maintenance or commission of
any nuisance or other act or thing which interferes with District’s or any third parties’quiet
enjoyment of the Building or Leased Premises or results in damage to the Building or which
may affect District's fee interest in the Leased Premises or results in an unsightly condition.
Tenant shall cause any and all trash or discarded materials,including but not limited to
construction materials used and/or generated by Tenant,to be removed from the Building and
Leased Premises at Tenant's sole cost and expense immediately.
3
3.Rules and Governmental Regulations.(a)Tenant shall,at Tenant's sole cost and expense,
comply with District’s rules regarding access,use and conduct on District property.Tenant,at
its expense,will comply with all ordinances,laws,statutes and regulations promulgated
thereunder of all municipal,state,federal and other applicable governmental authorities,now
in force or which may hereafter be in force,pertaining to Tenant’s particular or unique use of
the Leased Premises.Tenant shall indemnify,defend and save District harmless from any and
all penalties,fines,costs,expenses,suits,claims,or damages resulting from Tenant's failure to
perform its obligations in this Section. Tenant will be responsible to obtain any permits
required by the City of Golden Valley or other local government in order to carry out the
Program on the Leased Premises.Tenant agrees to abide by the District’s School Board Policy
for Use and Rental of School Facilities as set forth in Exhibit "D"and as reasonably may be
amended from time to time by District in its sole discretion respecting the management,care
and safety of the buildings and grounds,including parking areas,landscaped areas,walkways,
hallways and other facilities provided for the common use and conveyance of other
occupants. Notice of such rules and regulations will be posted or given to Tenant.
4.Non-Discrimination.Tenant shall assure and certify that it will comply with the Title IV of the
Civil Rights Act of 1964,as amended,and District’s Policy,and shall not discriminate against
any individual on the basis of their religion,race,national origin,color,sex,marital status,
parental status,disability or any other classification protected by law with respect to any
activity occurring under this Lease.
5.Surrender.Upon termination or expiration of this Lease,the Tenant shall vacate and surrender
the Leased Premises to the District and the Parties shall be relieved of all further obligations
arising subsequent to the date of such termination or expiration.
6.Hazardous Substance.For purposes of this Lease “Hazardous Materials”shall mean any
hazardous or toxic substance,material,waste of any kind,petroleum product or by-product,
contaminant or pollutant as defined or regulated by Environmental Laws.“Environmental
Laws”shall mean any applicable federal,state or local laws,statutes,ordinances,rules,
regulations or other governmental restrictions.“Disposal”shall mean the release,storage,use,
handling, discharge or disposal of such Hazardous Materials.
Tenant shall not use,maintain,store or dispose of any Hazardous Materials,chemicals or
other agents used or produced in Tenant's operations,at the Leased Premises,in any manner
not permitted by Environmental Laws.Furthermore,Tenant shall not cause or permit the
disposal of Hazardous Materials upon the Building or Leased Premises or upon adjacent
lands and shall operate and occupy the Leased Premises in compliance with all
Environmental Laws.
Any disposal of a Hazardous Material,whether by Tenant or any third party associated with
Tenant,shall be reported to District immediately upon the knowledge thereof by Tenant.
Tenant shall be solely responsible for the entire cost of remediation and clean up of any
Hazardous Materials disposed of or discovered upon the Building or the Leased Premises,or
emanating from the Leased Premises,or onto adjacent lands,as a result of Tenant’s,or
Tenant’s agents, contractors or employees exercise of the rights granted by this Lease.
4
Tenant agrees to indemnify,defend and hold harmless District from and against any and all
claims,suits,judgments,loss,damage,fines or liability which may be incurred by District,
including reasonable attorney’s fees and costs at trial and on appeal,which may arise directly,
indirectly or proximately as a result of any violation of Environmental Laws or the disposal of
any Hazardous Materials by Tenant,or Tenant’s agents,contractors or employees.Tenant’s
responsibility hereunder shall continue and apply to any violation hereof,whether the same is
discovered during the term hereof or otherwise. While this provision establishes contractual
liability of Tenant, it shall not be deemed to alter or diminish any statutory or common law
liability of Tenant.
Tenant acknowledges that District would not have entered into this Lease without the
indemnification contained herein and acknowledges the receipt and sufficiency of separate good
and valuable consideration for such indemnification. This provision shall survive the expiration
or termination of this Lease.
SIGNAGE
The Tenant shall not post,nor permit any signs to be placed on the building that are visible from
the exterior of the building through the windows or visible from the halls or other areas of the
building unless written approval for said sign or signs has been furnished by the District.The
Tenant shall be responsible for the cost of any signage it installs on the premises.
REPAIRS AND MAINTENANCE
Responsibility of Landlord and Tenant.In general,the District will maintain and repair the
Property including the Leased Premises per the District’s usual and customary practice,unless
damaged by Tenant,its contractors or invitees.During the times the Leased Premises are used by
Tenant,Tenant shall keep and maintain the Leased Premises,and all Alterations,in good
condition and repair and in a clean condition,free of refuse,trash,and rubbish,at Tenant’s sole
cost and expense.Tenant shall be responsible for any repairs caused by the negligent or
intentional acts of Tenant or Tenant’s employees,agents,students,invitees or contractors.Tenant
shall not be held responsible for repairs or maintenance outside the scope of its occupancy.Other
than Tenant’s initial work which is governed by the portion of this Lease entitled “Alterations to
Leased Premises”,Tenant shall provide the District with thirty (30)days advance notice of any
such work which may reasonably be foreseen by Tenant to impact the Building.The notice
required under this Section shall describe in detail the type of work to be performed.Tenant shall
cooperate with the District to devise a plan to permit such work and minimize the impact of such
work to the Building.Tenant shall be responsible for all costs associated with preparation of and
implementation of such plan.Notwithstanding the foregoing,in the event of an emergency,
District and Tenant shall have no duty to provide such advance notice as a result of undertaking
any work necessary as a result of such emergency.For purposes of this Section an “emergency”
shall be defined as the occurrence of an event that threatens immediate harm to persons or
property.
District's Right to Inspect.District or District's agents shall have the right to inspect the Leased
Premises.District shall conduct such inspections in a manner that does not unreasonably interfere
with or disrupt Tenant's operations.
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ALTERATIONS TO LEASED PREMISES
Alterations.Tenant shall not at any time construct or make any improvements,additions,
modifications or alterations to the Leased Premises without the prior written consent of the
District,which consent may be withheld in the sole discretion of the District.In the event Tenant
proposes to construct any alteration,improvement,or modification of the Leased Premises,
Tenant shall submit to District conceptual plans and specifications for such proposed alterations
(“Alterations”).In the event District approves such Alterations,Tenant shall prepare and submit
to District for approval detailed plans and otherwise comply with the terms of this Section. All
Alterations,including improvements,additions and modifications constructed by Tenant shall be
deemed a part of the Leased Premises,and,upon expiration or earlier termination of this Lease,
shall,at the sole discretion of the District,become property of the District or be removed by
Tenant and Tenant shall repair any damage caused by the installation,use,maintenance or
removal of the Alterations, using materials of like kind and quality.
Governmental Approvals.Tenant shall obtain,at Tenant’s sole cost and expense,all other
approvals,including but not limited to the District,local,state and federal permits and consents
necessary for construction of any Alterations and shall further be responsible for all conditions
which may be imposed in connection with such approvals.Tenant acknowledges that it will not
use this Lease,or the requirements of this Lease,as a basis for argument that Tenant should be
relieved of,or have modified conditions and/or interpretations of any regulatory requirements.
Nothing contained in this Lease shall be construed to alter,limit or eliminate the obligation of the
Parties to comply with applicable ordinances, statutes and laws relating to such approvals.
General Installation Guidelines.All work performed by Tenant pursuant to this Lease shall be
performed by Tenant at Tenant’s sole cost and expense,shall be performed only by duly licensed
contractors specializing in such work,and who are approved in advance by the District’s Chief
Financial Officer,or designee.All work shall be performed in a good and workmanlike manner
and shall be diligently prosecuted to completion substantially in accordance with the plans
approved by the District,and all applicable governmental laws,regulations,rules,codes and
orders.Tenant,its contractors,subcontractors,laborers,suppliers and professionals shall exercise
diligent care and caution in the installation,construction,maintenance,and repair of the Leased
Premises or any appurtenances thereto,in order to avoid damage to the Building and District’s
improvements.In the event of such damage,Tenant shall promptly repair said damage using
materials of like kind and quality,restoring it to its condition prior to damage by Tenant,at
Tenant’s sole cost and expense.Tenant agrees and acknowledges that all work performed by
Tenant pursuant to this Lease is performed and accomplished solely for the benefit and
convenience of Tenant and not for the benefit of District,such work being nonetheless subject to
each and every provision of this Lease and shall be performed to the satisfaction of District.
Tenant shall ensure that all persons or entities performing work or providing materials relating to
such improvements including,without limitation,all contractors,subcontractors,
sub-subcontractors,laborers,suppliers and professionals,are paid in full for such services and
materials.
Contractor Requirements.Tenant shall require contractors to furnish satisfactory evidence of
statutory Worker ’s Compensation insurance,commercial general liability insurance (CGL),
commercial automobile insurance,and physical damage insurance on a Builder ’s Risk form with
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the interest of District endorsed thereon,in such amounts and in such manner as District may
reasonably require.District shall be added as additional insured to the contractors’CGL policy
for work done on Leased Premises using CG2010 (ongoing operations)and CG 2037 (completed
operations)or their equivalent with a separation of insured clause or endorsement in the policy.
District may require additional insurance for any alterations or improvements approved
hereunder, in such amount as District reasonably determines to be necessary.
No Liens. Tenant covenants and agrees that nothing contained in this Lease shall be construed as
consent by District to subject the estate of District to liability under the construction lien law of
the State of Minnesota,it being expressly understood that District’s estate shall not be subject to
such liability.Tenant shall notify any and all parties or entities performing work or providing
materials relating to any improvements made by Tenant of this provision of this Lease.In the
event that a construction lien is filed in connection with any work performed by or on behalf of
Tenant,Tenant shall satisfy such claim,or transfer same to security,within ten (10)days from the
date Tenant received notice of such filing.In the event that Tenant fails to satisfy or transfer such
claim within said ten (10)day period,District may do so and thereafter charge Tenant,and
Tenant shall promptly pay to District upon demand,as Additional Rent,all costs incurred by
District in connection with the satisfaction or transfer of such claim,including attorney’s fees.
Further,Tenant agrees to indemnify,defend,and save District harmless from and against any
damage or loss incurred by District as a result of any such construction lien.
DAMAGE OR DESTRUCTION
In the event the Leased Premises is destroyed or so damaged or injured by fire or other casualty
during the Term,whereby the same are rendered untenable,in whole or in part,District may,at its
sole option,elect not to restore or repair the Leased Premises but to terminate this Lease.
Notwithstanding anything herein to the contrary,in the event of damage by fire or other casualty
that cannot reasonably be expected to be repaired within thirty (30)days following same or,if the
Leased Premises is damaged by fire or other casualty so that such damage may reasonably be
expected to disrupt Tenant’s operations for more than thirty (30)days,then Tenant may at any
time following such fire or other casualty terminate this Lease upon fifteen (15)days written
notice to District.In the event either District or Tenant elects to terminate this Lease,Tenant shall
vacate and surrender the Leased Premises as required hereby,whereupon the Parties shall be
relieved of all further obligations hereunder arising after the date of such termination.The
termination herein mentioned shall be evidenced in writing.Rent shall be prorated to the date of
any such termination of this Lease and District shall refund any balance owing to Tenant,within
thirty (30)days after written notice to the District.Termination of this Lease shall not affect
Tenant’s obligations under this Lease arising prior to such termination.
COMMON AREA
The bathrooms that will be used by the Program are marked on the attached “Exhibit B”.
INSURANCE
At all times during the Term of this Agreement the Tenant shall procure and maintain a policy of
insurance in at least the amounts specified as the extent of such liability under Minn.Stat.§
466.04,as amended at Tenant’s sole cost and expense.The Tenant shall name the District as
additional insured and forward a copy of the insurance certificate to the District’s Community
Education Department and the District’s Business Office.This insurance policy shall cover all
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claims for personal injuries,wrongful death and property damage occurring in or on the Building
or Leased Premises.
INDEMNITY
Tenant shall, in addition to any other obligation to indemnify the District, and to the fullest extent
permitted by law, protect defend, indemnify and hold harmless the District, its agents, officers,
elected officials and employees from and against any and all claims,suits,actions,liabilities,
losses (including economic loss),and costs arising during the Term or any Renewal Term for any
actual or alleged bodily injury,sickness,disease or death and/or damage to the Building or
Leased Premises,including the loss of use resulting therefrom,or any other damage or loss
arising out of,or claimed to have resulted in whole or in part from any actual or alleged act or
omission of Tenant,or anyone directly or indirectly employed by Tenant,sustained in or about
the Building or Leased Premises,by reason or as a result of the use and occupancy of the
Building or Leased Premises by the Tenant,its agents,employees,and contractors,and from and
against any orders,judgments,and/or decrees which may be entered thereon,and from and
against all costs,attorney’s fees at trial and on appeal,expenses and liabilities incurred in and
about the defense of any such claim.In the event District shall be made a party to any litigation
commenced against the Tenant as a result of Tenant's use of the Building or Leased Premises,or
by the Tenant against any third party relating to Tenant’s use of the Building or Leased Premises,
then Tenant shall indemnify,defend,and hold District harmless and pay all costs and attorney’s
fees incurred by District in connection with such litigation,and any appeals thereof.
Notwithstanding the foregoing,Tenant shall have no obligation pursuant to the immediately
preceding sentence relating to claims or damages that are judicially determined to be solely
attributable to District’s negligent or intentional acts or omissions.The indemnification
obligations hereunder shall not be limited to any limitation on the amount,type of damages,
compensation or benefits payable by or for Tenant under workers’compensation acts;disability
benefits acts,other employee benefit acts or any statutory bar.Any costs or expenses,including
attorney’s fees,incurred by the District to enforce this agreement shall be borne by Tenant.
Tenant recognizes the broad nature of this indemnification and hold harmless clause and
voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable
consideration provided by the District in support hereof according to the laws of the State of
Minnesota. This section shall survive the termination or expiration of this Lease.
CONFIDENTIALITY AND DATA PRACTICES
The Parties acknowledge and agree that all contracts entered into by a government entity must
include a notice that the requirements of Minn.Stat.§13.05,Subd.11 apply or may apply to this
Lease.The Parties agree that all or part of the Minnesota Government Data Practices Act,Minn.
Stat.§13 (“MGDPA”),or the federal Family Educational Rights and Privacy Act,20 U.S.C.§
1232g (“FERPA”), may apply.
The Tenant must not seek and the District will not grant access to educational data created or
maintained by the District.If the Tenant’s employees in the course of their work inadvertently
observe private or non-public educational data,the Tenant agrees that the data may not be shared
with any person or entity except as allowed by MGDPA,FERPA,court order,or authorization of
the subject of the data.
8
DEFAULT
Default by Tenant.The occurrence of any one or more of the following shall constitute an Event
of Default by Tenant under this Lease:(i)Tenant’s failure to pay any sum due hereunder within
fifteen (15)days after the due date for said payment;(ii)Tenant’s failure to perform or observe
any other term,covenant,or condition of this Lease on Tenant’s part to be performed hereunder
and such failure continues for a period of more than thirty (30)days after the date Tenant receives
written notice from District notifying Tenant of the specific failure, provided, however, Tenant
shall have such extended period as may be required beyond the thirty (30)days if the nature of
the cure is such that it reasonably requires more than thirty (30)days and Tenant commences the
cure within the thirty (30)day period and thereafter continuously and diligently pursues the cure
to completion within sixty (60)days;or (iii)Tenant's leasehold estate being taken by execution,
attachment or process of law or being subjected to any bankruptcy proceeding.If any Event of
Default occurs,then at any time thereafter while the Event of Default continues,District shall
have the right to pursue such remedies as may be available to District under the law,including,
without limitation,the right to give Tenant notice that District intends to terminate this Lease
upon a specified date not less than three (3)days after the date notice is received by Tenant,in
which event this Lease shall then expire on the date specified as if that date had been originally
fixed as the expiration date of the Term of this Lease.If,however,the default is cured within the
three (3) day period and the District is so notified, this Lease will continue.
Default by District.District shall not be in default unless District fails to perform obligations
required of District within a reasonable time,but in no event later than thirty (30)days after
written notice by Tenant to District,specifying wherein District has failed to perform such
obligations;provided,however,that if the nature of District’s obligations is such that more than
thirty (30)days are required for performance then District shall not be in default if District
commences performance within such thirty (30)day period and thereafter diligently pursues the
same to completion.
LIABILITY
Limit of Liability.District's liability to Tenant with respect to this Lease shall be limited solely to
amount of Rent actually received by District.Neither District,any officer,director,employee or
board member of District shall have any personal liability whatsoever with respect to this lease.
Exemption of District from Liability.District shall not be liable for any damage or injury to the
person,business (or any loss of income therefrom),goods,wares,merchandise or other property
of Tenant,Tenant's employees,invitees,students or any other person or about the Leased
Premises,whether such damage or injury is caused by or results from:(a)fire,steam,electricity,
water,gas or rain;(b)the breakage,leakage,obstruction or other defects of pipes,sprinklers,
wires,appliances,plumbing,air conditioning or lighting fixtures or any other cause;(c)
conditions arising in or about the Leased Premises or upon other portions of the property,or from
other sources or places;or (d)any act or omission of any other guest or tenant of the Property.
District shall not be liable for any such damage or injury even though the cause of or the means
of repairing such damage or injury are not accessible to Tenant.
PREVAILING LAW
9
This Lease shall be construed and enforced in accordance with the laws of the State of Minnesota.
VENUE
The venue of any dispute arising out of this Lease shall be the State of Minnesota, unless
applicable state or federal law dictates otherwise.
ENTIRE AGREEMENT
This document and any Attachments constitute the entire Lease between the Parties,and no
promises or representations,other than those contained herein and those implied by law,have
been made by the District or the Tenant.Any modifications to this Lease must be in writing and
signed by the District and the Tenant.
SEVERABILITY
If any provision of this Lease is held to be contrary to law,that provision shall be deemed severed
from the balance of this Lease and the balance of this Lease shall remain in force between the
Parties to the fullest extent permitted by law,provided further,to the extent any provision of this
Lease is deemed unenforceable by virtue of its scope,but may be made enforceable by limitation
thereof,the Parties agree that a court of competent jurisdiction shall have the right to modify any
offending provision to make it enforceable to the fullest extent permissible under the laws and
public policies.
WAIVER
The Parties’failure to insist upon strict performance of any part of this Lease or to exercise any
right herein contained shall not be a waiver or relinquishment of such covenant,agreement,
stipulation or right, unless the Parties consent thereto in writing.
ASSIGNMENT
Tenant may not assign,mortgage,pledge,collaterally assign,or encumber this Lease,in whole or
in part,nor sublet or rent all or any portion of the Leased Premises nor grant any easements or
enter into any management agreements affecting the Leased Premises,without prior written
consent of District,which may be granted or withheld at District’s sole and absolute discretion.
This provision shall be construed to include a prohibition against any assignment,mortgage,
pledge,encumbrance,or sublease,by operation of law,legal process,receivership,bankruptcy,or
otherwise, whether voluntary or involuntary.
NOTICES
Any notice required or permitted to be given under this Lease will be sufficient if given:
a. in writing and personally delivered; or
b.sent by certified mail,postage prepaid,to the address set forth in the introductory paragraph
or other notice address as designated in writing between the Parties prior to delivery and
will be effective and duly delivered on the day of personal or courier delivery; or
10
c.via electronic mail to an electronic mail address as designated in writing between the
Parties prior to delivery and will be effective and duly delivered upon the sending Party’s
confirmation of receiving Party’s receipt of electronic notice; or
d.via electronic facsimile transmission to the name,address and facsimile number of the
receiving Party as designated in writing between the Parties prior to delivery and will be
effective and duly delivered upon the sending Party’s receipt of confirmation (“Notice”).
All notices required or permitted by any provisions of this Lease shall be directed to the relevant
Party at the address provided below.
Independent School District No. 281
Attn: Executive Director of Finance
4148 Winnetka Avenue North
New Hope, MN 55427
City Of New Hope
Attn: City Manager
4401 Xylon Avenue N.
New Hope, MN 55428
INDEPENDENT SCHOOL DISTRICT #281 City of New Hope By:By:
Its: Executive Director of Finance
Its: Mayor
By:
Its: City Manager
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EXHIBIT A
District 281
Care of Facilities
OSHA and the State Fire Marshal have been increasing their monitoring of the school district
regarding compliance with regulations. Indoor air quality and its impact on staff and students
has been a growing concern for parents as well as for staff. The district, in its building
renovation efforts, has been trying to meet the challenges in providing a safe and healthy
environment for all students and all district employees.
With that in mind, the district formed a committee of principals, custodians and teachers to
address those issues. Below are the recommendations that were made by that district committee
to the Administration in May 2001. Each recommendation is based on laws, financial data and
health effects. All employees are asked to follow these recommendations commencing with the
2001 - 2002 school year in all District 281 buildings. Variances may be granted. Please contact
your principal or supervisor if you have any questions.
1. No animals (mammals, fish, birds, reptiles, and insects) are allowed except for those housed
in secondary laboratory science classrooms. Food for animals must be stored in tightly
sealed plastic containers. Cages and areas around cages must be cleaned daily by the
teacher. No sand or sand boxes.
2. Food preparation, as well as food and beverage consumption should, whenever possible, be
limited to cafeterias and staff lounges and “Foods” labs in the secondary schools. Any
food (crackers, candy, etc.) kept in a building overnight or longer must be stored in rigid
plastic containers which have a tight seal. If there is a need for a student snack, please try
to schedule that with the principal in the cafeteria.
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3. Plants should be limited to less than three per classroom or office and not in carpeted
areas. Each pot must have a water collection saucer to prevent water spillage. Plants
cannot be placed on unit ventilators. Fragrant plants must be non-offensive to other
occupants.
4. Appliances such as microwaves, toasters, refrigerators, water coolers, toaster ovens, coffee
pots, hot plates, portable heaters etc. are allowed in staff lounges and kitchens. Coffee
makers will be allowed in certain conference rooms and other designated areas with a
variance.
5. The State Fire Marshal does not allow household type floor and table lamps.
6. Extension cords should only be used for portable equipment such as overhead projectors, tape
players, vacuums, etc. Extension cords must be grounded 14 gauge cords. One power strip (up
to 20 foot long) with surge protection can be used per computer station.
7. Exit doors, aisles and corridors should be kept clear at all times. Doors may not be completely
covered with decorations. Window in doors should not be covered. No items may be
stored on open shelving or placed upon tops of storage units within 18 inches of ceiling
height.
8. The State Fire Marshal requires that all flammable and combustible liquids (spray paints,
solvents, gum removers, etc.) be stored in an approved flammable cabinet.
9. Combustible artwork, teaching materials, posters, etc. should not exceed 20 percent of the
wall area.(State Fire Marshal - Life Safety Code 31-3.9)Non-flammable materials are
acceptable. Nothing should be hung from the ceiling or exterior walls. Use painter tape
for hanging paper products on walls to limit adhesive residue left behind.
10. In renovated buildings, all furniture must be ordered through the purchasing department.
No bookcases, shelving units, displays cases, etc. may be brought in from outside the
district.
11. Sofas, love seats, easy chairs, bean bag chairs, etc. brought in from outside the district
should be removed from the building.
12. Carpet squares, carpet pieces, or rugs should be purchased through the district.
13. Cleaning products, art chemicals, paints, pesticides, etc. may not be brought in from
home.
14. Air freshener products such as spray, sticks and plug-ins, and air purifiers should be
ordered through the District.
15. Personal hygiene products should be fragrance free or non-offensive to other occupants.
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16. Gloves or balloons containing latex should be limited to when other alternatives are not
available to limit exposure to persons with latex sensitivity.
17. Unit ventilators should be clear and free from any obstructions to within three feet to
allow for air passage.
18. Louvers/grills that allow air to pass into the halls should be kept clear.
19. In renovated schools all materials should be stored in the storage compartments provided.
Materials should not be stored on the floor.
20. Stuffed animals can be a problem and should be limited.
21. Limit of 2 file cabinets per classroom. Use plastic floor protectors whenever possible. 22.
Do not place objects on window ledges that can damage window blinds.
Thank you in advance for your cooperation. If you have any question or concerns please
contact: Cameron Goude
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EXHIBIT B
Floor Plan
15
EXHIBIT C
Description Rental
Per Sq.
Ft.
Cost
Gym D - 2,613 Sq. Ft.$7.22 $7.44 $18,865.86
$19,440.72
Storage - 174 Sq. Ft.
COSTS INCLUDED IN AGREEMENT
Description Rate Amount
Cleaning -1 time per year $2,500.00 $2,500.00
Building Supervisor rates shall be invoiced separately.
16
EXHIBIT D
Facilities Policy 902AP
Independent School District 281, Robbinsdale Area Schools
ADMINISTRATIVE PROCEDURE
902AP:
USE OF SCHOOL DISTRICT FACILITIES AND EQUIPMENT
Reviewed: October 29, 2014
Adopted: October 29, 2014
I. PURPOSE
The purpose of this administrative procedure is to provide guidelines for community use
of school facilities and equipment.
II. GENERAL STATEMENT OF POLICY
The school district encourages maximum use of school facilities and equipment for
community purposes if, in its judgment, that use will not interfere with use for school
purposes.
III GENERAL COMMUNITY USE OF SCHOOL FACILITIES
A. The school district may authorize the use of school facilities by community groups or
individuals. It may impose reasonable regulations and conditions upon the use of
school facilities as it deems appropriate.
B. Requests for use of school facilities by community groups or individuals shall be
made through the school district facility scheduler ’s office. Procedures for the
processing and review of requests shall be posted on the district website.
C. The school district may require a rental fee for the use of school facilities. Such fee
may include the cost of custodial and supervisory service if deemed necessary. It
may also require a deposit for the proper use and repair of damage to school
facilities. A rental fee schedule annually approved by the school board, deposit,
and payment procedure shall be posted on the district website.
D. When emergencies or unusual circumstances arise that necessitate rescheduling the
use of school facilities, every effort will be made to find acceptable alternative
meeting space.
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IV. USE OF SCHOOL EQUIPMENT
A schedule of equipment that is available for community use, the extent to which it may
be utilized, and the manner by which it may be scheduled for use and any charges to be
made will be available through the facility scheduler ’s office.
V. RULES FOR USE OF FACILITIES AND EQUIPMENT
The school district expects members of the community who use facilities and equipment
to do so with respect for school district property and an understanding of proper use.
Individuals and groups shall be responsible for damage to facilities and equipment. A
certificate of insurance may be required by the school district to ensure payment for these
damages and any liability for injuries.
Legal References: Minn. Stat. § 123B.51 (Schoolhouses and Sites; Access for Noncurricular
Purposes)
Cross References:Policy 801AP (Equal Access to School Facilities)
Policy 901AP (Community Education)
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I:\RFA\COMM DEV\2022\City Council\07‐25‐22 Rental Revocation 3957 Wisconsin Ave\Q ‐ 3957 Wisconsin Ave Rental License Revocation 07‐25‐22.docx
Request for Action
July 25, 2022
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Community Development
By: Jeff Sargent, Director
Agenda Title
Civil hearing regarding revoking rental property registration permit for 3957 Wisconsin Avenue, relating to
three disorderly behavior violations
Requested Action
The City Council is requested to hold a hearing and discuss possible corrective actions relating to the rental
property at 3957 Wisconsin Avenue (“Property”). The Property is a group home and its tenants have been
cited three times for disorderly behavior violations starting on June 12, 2022. The property owner has been
notified of these disorderly behavior violations. Since there have been three disorderly behavior slips issued
within a 12 month period, the matter has been referred to the Council for a hearing where they shall decide to
take any of the following actions against the property owner relating to the rental property registration permit
for the Property: (1) impose a fine; (2) revoke the permit; (3) suspend the permit for a specific period of time;
or (4) take no action. At this time, staff is recommending permanently revoking the rental registration license
due to inadequate management of the property and its tenants.
Policy/Past Practice
The Disorderly Behavior at Registered Rental Dwelling Units ordinance was adopted in 2006 to “assure that
rental housing in the city is decent, safe and sanitary and is so operated and maintained as not to become a
nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a
disincentive to reinvestment in the community.” Upon the issuance of a third disorderly behavior slip, the
City Council has the discretion to take corrective action against the property owner.
Hearing Process
As outlined in the ordinance, the property owner is given the opportunity to be heard at a public meeting.
The property owner may be represented by counsel and the city official may be represented by the city
attorney. The Council shall hear all relevant evidence and arguments and shall review all testimony,
documents, and other evidence submitted. Following the hearing, the Council shall make findings based on
the evidence and shall make a decision on the recommendation to fine, revoke, suspend, deny, or not renew
a registration permit based on the findings.
Whatever action the Council determines it will make shall be based on a “fair preponderance of the evidence”
and shall include findings to support its decision. The Council shall make findings based on the evidence and
shall make a decision on the recommendation to: (1) impose a fine; (2) revoke permit; (3) suspend permit; (4)
take no action based on the findings. The Council shall issue a written decision regarding the recommendation
of the Building Official within 30 days following the date of the hearing and shall notify the property owner
of the decision by first class mail with a duplicate copy to the building official.
Background
The property located at 3957 Wisconsin Avenue is a group home owned by Berkeley Heights Homes, LLC.
On June 30, 2022, the property was issued a third disorderly behavior slip, prompting a hearing by the City
Agenda Section
Public Hearing
Item Number
7.1
Request for Action, Page 2
Council to determine what type of corrective action should be taken. City staff recommends that the City
Council revoke the rental registration license and to disallow the same entity from reapplying for a rental
license at this address for a period of one year.
The City Code at Section 3‐31(i)(5) states that if a third instance of disorderly behavior occurs at a rental
dwelling unit within 12 months after the first of two previous notices of disorderly behavior at the same unit,
the rental dwelling unit registration permit may be revoked, suspended or not renewed by the city council
upon the recommendation of the building official. Section 3‐31(i)(2) defines disorderly behavior as behavior
including, but not limited to:
1. Drug‐related illegal activity in the rental dwelling unit
2. Acts of violence or threats of violence including but not limited to discharge of firearms, prostitution,
intimidation, or any other act that otherwise jeopardized the health, safety or welfare of the owner, his
agents or tenants
3. Violation of Minn. Stat. § 609.72, pertaining to Disorderly Conduct
4. Violation of Minn. Stat. § 609.74 and 609.745, pertaining to Public Nuisance
5. Violation of Minn. Stat. § 609.66, subd. 1(a), 609.67 or 624.713, pertaining to the Unlawful use or
possession of a firearm or weapon
6. Violation of Minn. Stat. § 609.50, pertaining to Obstructing Legal Process
7. Violation of Minn. Stat. 340A.503, subd. 2(1) and subd. 3; 304A.201, subd. 1(4); 340A.702(1) and (2);
New Hope Code section 10‐10 or 10‐40, pertaining to the Unlawful sale of intoxicating liquor or 3.2
malt liquor
8. Violation of New Hope Code section 9‐42, pertaining to the Regulation and abatement of prohibited
noise.
On June 12, 2022, the Police Department responded to the property on a noise complaint. Upon arrival, it was
determined that a tenant was yelling inside the house. A staff member indicated that the tenant threw a cup
at the window in frustration and was yelling loudly. A disorderly behavior slip was issued for Disorderly
Conduct (MSS 609.72) and a letter was sent to the property owner per code section 3‐31(i)(3).
On June 20, 2022, the Police Department responded to the property in response to a report that an adult male
tenant was unconscious. Upon arrival to the property, it was determined that the tenant was in possession of
an illegal controlled substance and drug paraphernalia. A disorderly behavior slip was issued for Drug
Activity/Paraphernalia (MSS 152) and a letter was sent to the property owner per code section 3‐31(i)(4).
On June 30, 2022, the Police Department responded to the property in response to a harassment complaint
against one of the tenants. Upon arrival to the property and after correspondence with one of the tenants, it
was determined that the tenant had been making unwelcomed comments to a neighboring property owner,
which made the neighbor feel unsafe. A disorderly behavior slip was issued for Disorderly Conduct (MSS
609.72) and a letter notifying the property owner of the third disorderly behavior incident and the hearing
was sent per code section 3‐31(i)(5).
Multiple complaints have been generated from neighboring property owners regarding the behavior of the
tenants and the property neglect at 3957 Wisconsin Avenue. Due to the number of complaints and the severity
of the alleged actions of the tenants, the Police Department met with the property owner on June 28 to
determine what actions the owner could take to help improve the situation. At this meeting, the owner
Request for Action, Page 3
admitted that he has been having staffing issues, which has contributed to some of the misbehavior of the
tenants.
Recommendation
Due to the number of complaints generated by the property at 3957 Wisconsin Avenue, the fact that the owner
has admitted that there are staffing issues at this location, and because a third disorderly behavior slip was
issued within a three‐week period, staff recommends that the rental registration permit be revoked. It is staff’s
opinion that the property owner cannot manage the property in a safe manner, for both the tenants and the
neighboring property owners, and for this reason, staff also recommends that a new rental registration permit
should not be issued to the same property owner, or any entity of the property owner, for a period of 12
months.
Attachments
Jensen, Sondrall, Persellin & Woods Memo
Section 3‐31 of the City Code related to Rental Registration Permits
Evidence related to the issuance of the first disorderly behavior slip
Evidence related to the issuance of the second disorderly behavior slip
Evidence related to the issuance of the third disorderly behavior slip
M E M O R A N D U M
Date: July 20, 2022
To: Tim Hoyt, Police Chief and Acting City Manager; Jeff Sargent, Community
Development Director and City Council
From: Stacy Woods, City Attorney
Re: Hearing on Revocation of Rental Registration Permit Held by Berkeley Heights
Homes LLC/Sekou AM Dukuly for 3957 Wisconsin Avenue North
This matter is scheduled for the July 25, 2022 Council Agenda under Public Hearings for a hearing
to potentially revoke the rental registration permit for 3957 Wisconsin Avenue North. The basis
for this potential revocation is there were 3 instances of disorderly behavior at the same property
involving tenants at the same rental dwelling unit within a 12 month period. This Memorandum
summarizes the hearing process.
The hearing is pursuant to Section 3-31(i)(j)(4). Per City Code Section 3‐31 (j), the City Council
may revoke a rental registration permit if proper findings are made. It is staff’s opinion that the
property owner/permit holder – Berkely Heights Homes LLC, Sekou AM Dukuly meets the
criteria needed for the City Council to revoke the rental license.
The hearing will basically be an informal trial. The evidence will be presented by individuals who
testify as to their knowledge of the facts. Both sides will get to present their case. The City Council
shall hear all relevant evidence and arguments and shall review all testimony, documents, and
other evidence submitted. After hearing all of the testimony, the City Council will make a decision
as to whether the rental registration permit should be revoked, suspended, a fine imposed, or
whether no action should be taken. It’s possible that a settlement could be reached if permit holder
presents an agreeable resolution of the issues occurring at the property that is agreeable to the City
Council.
The City Attorney will draft the written decision that will list the findings made by the City
Council. This written decision will be issued within 30 days following the date of the hearing and
will be mailed to permit holder.
The Acting City Manager and Building Official will present the facts. Stacy Woods will be asking
the questions and the testimony will be from anyone who has direct knowledge of these 3 incidents.
The Acting City Manager, police officers listed below next to the respective citations, Jeff Sargent,
and victims will be asked questions so as to establish the case for revocation of the permit. Specific
questions will be asked to outline the 3 separate citations. The citations and letters to the
owner/permit holder will be presented as exhibits.
The City Council is acting in a fact-finding manner. They should listen to the entire case first and
then ask any questions they may have for the permit holder. The questions should be asked in an
orderly fashion with no one interrupting anyone else. Everyone should act with respect and refrain
from arguing. This is similar to how a judge would behave. Civility and decorum must be
maintained by all parties.
The owner or owner’s agent may present any defenses he has.
At the meeting the following people will need to be present to testify: Tim Hoyt, Jeff Sargent,
Eric Hanson, Officer William Leon Aguilar, Officer Joshua Arthur, Officer Pete Stanley, Josie
Swanson, and Douglas Robert Thompson, and possibly Pearl Dennis, the staffperson at the
Property.
I. First Instance of Disorderly Behavior
ICR# 22009738 - 6-12-22 – Disorderly behavior by tenant Kendrick Lemont Starr - yelling
Primary police officer: William Leon Aguilar
Other police officers present: Justin Janson and Tom Lesnikowski
It should be sufficient to just have the primary police officer present to give testimony.
Other witness: Staff Pearl Dennis. She may need to be subpoenaed.
Written notice mailed to Permit Holder on June 28, 2022.
II. Second Instance of Disorderly Behavior
ICR# 22010393 - 6-20-22 – Drug Activity/Paraphernalia by tenant Jacob Zahradka – deceased –
Drug activity/paraphernalia falls under the category of “disorderly behavior” – 3-31 (i)(2)a.
Primary police officer: Joshua Arthur
Other police officers present: Chris Swaja and Benjamin Rouse
Written notice mailed to Permit Holder on June 29, 2022.
III. Third Instance of Disorderly Behavior
ICR# - 22011144 - 6-30-22 – Harassment and disorderly behavior involving Kendrick Lemont
Starr yelling at Josie T. Swanson who resides at 3949 Wisconsin Ave. N.
Primary police officer: Pete Stanley
Other police officer present: Tom Lesnikowski
Witnesses: Josie T. Swanson, Douglas Robert Thompson who resides at 3972 Wisconsin Ave. N.
Written notice mailed to Permit Holder on June 30, 2022.
Findings/Decision To Be Presented at City Council Meeting on August 8, 2022
If the Council approves the revocation, staff requests the Council to direct staff to draft a resolution
that includes the necessary findings to revoke the rental license, to be presented to the City Council
at the August 8, 2022 City Council meeting.
If the City Council decides the findings support revoking the rental registration permit, various
terms may be included in the decision including:
1. The tenants at the Property must vacate it within a reasonable period of time (30‐45
days).
2. If the permit holder fails to remove the tenants within the required timeframe, then
the City may commence legal action seeking injunctive relief requiring him to do so.
3. The permit holder may not re‐apply for another rental registration permit for 3957
Wisconsin Ave. N. or any other property in the City of New Hope for at least 1 year.
4. Sekou AM Dukuly may not have an ownership interest in any other entity that
attempts to apply for another rental registration permit for 3957 Wisconsin Ave. N. or
any other property in the City of New Hope for at least 1 year.
Tim Hoyt and City staff met with the Permit Holder on June 28, 2022. A Resolution was not
reached. The Permit Holder argued that he is unable to get adequate staff hired. To my
knowledge, the Permit Holder did not offer any suggested actions to resolve the issues.
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Page 1 of 8
Sec. 3‐31. Rental property registration permit.
(a) Preamble. The city believes that providing for public health, safety and welfare to its citizens mandates the
existence of a rental dwelling unit registration permit and maintenance program that corrects substandard
conditions and maintains a standard for rental dwelling units.
(b) Purpose. It is the purpose of this section to assure that rental housing in the city is decent, safe and sanitary
and is so operated and maintained as not to become a nuisance to the neighborhood or to become an
influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community.
The operation of rental dwelling units is a business enterprise that entails certain responsibilities. Operators
are responsible to take such reasonable steps as are necessary to assure that the citizens of the city who
occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are:
safe, secure and sanitary; free from crimes and criminal activity, nuisances or annoyances.
(c) Scope. This section applies to all dwelling units that are leased in whole or in part as a rental dwelling unit
including single‐family and two‐family housing. It also includes accessory structures such as garages and
storage buildings and appurtenances such as sidewalks and retaining walls, which are on the property. This
section does not apply to hotels or motels within the city.
(d) Definitions.
Apartment building means any building or portion thereof that contains three or more dwelling units,
sleeping rooms, or a combination thereof but not including condominiums or town homes.
Building official means the building official for the City of New Hope or his/her duly authorized
representative(s).
City means the City of New Hope.
City council means the City Council of the City of New Hope.
Condominium means a single‐dwelling unit in a multi‐dwelling unit building that is separately owned and
may be combined with an undivided interest in the common areas and facilities of the property. Each individual
owner may sell or encumber his/her own unit.
Denial means, as used in this Code, the refusal to grant a license to a new or renewing applicant by the city.
Dwelling unit means any building or portion thereof that contains living facilities, including provisions for
sleeping, eating, cooking and sanitation, for not more than one family.
Dwelling, single‐family, means a building or portion thereof containing one dwelling unit. For purposes of
this section, a single‐family dwelling unit includes a free standing single‐family residence, a single dwelling in a
cooperative, an individual condominium or townhouse, a single dwelling unit in a nonresidential structure or a
dwelling unit offered for rent in a duplex in which the owner occupies the other dwelling unit.
Dwelling, two‐family, means a building or portion thereof containing two dwelling units.
Efficiency dwelling unit means a dwelling unit containing only one habitable room plus private bathroom
facilities within the unit.
Lease means an oral or written agreement between a dwelling unit owner and a tenant for temporary use of
a rental dwelling unit, usually in exchange for payment of rent.
Rent means the consideration paid by a tenant to the owner of a rental dwelling unit for temporary and
exclusive use of the rental dwelling unit by the tenant. The consideration is not limited to cash.
Rental dwelling unit means a dwelling unit or sleeping room occupied and leased by a tenant.
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Rental registration permit means the formal approval of an activity specified on the rental registration
certificate issued by the city.
Revoke means to take back a license issued by the city.
Sleeping room means any room or rooms used or intended to be used by a tenant for sleeping purposes with
or without meals and not licensed by the Minnesota Department of Health.
Suspend means to make a license temporarily inoperative.
Tenant means any adult person granted temporary use of a rental dwelling unit or sleeping room pursuant to
a lease with the owner of the rental dwelling unit.
Townhouse means a single‐family dwelling constructed in a group of dwellings attached to each other and
where each dwelling unit extends from the foundation to the roof and is separated from other dwelling units by
property lines.
(e) Registration permit.
(1) Required. No person shall operate, let or cause to be let a rental dwelling unit which has not been
properly registered by the city in the manner required by this Code. A registration permit must be
obtained for each separate dwelling unit that is not owner‐occupied. This includes all dwelling units
which are occupied by a relative of the owner. Properties renting individual rooms/levels within the
same dwelling unit shall require only a single permit upon receipt of the properly executed initial
application for a rental registration permit. The building official may cause an inspection to be made of
the rental dwelling unit(s) to determine whether it is in compliance with this section, other sections of
this Code or the laws of the State of Minnesota. Every rental dwelling unit may be reinspected on a
regular basis as determined by the city after a renewal application is filed to determine if it still
conforms to all applicable codes and laws.
(2) Application filed. A registration application shall be submitted to the building official on forms
furnished by the city and must contain the following information:
a. Name, address, and telephone number of the owner of the rental dwelling unit(s). This is the
address to which the city will send all future correspondence. Owner shall indicate if the owner is
a corporation, partnership or sole proprietorship.
b. Name, and address, and telephone number of any owner's agent responsible for the
management of the premises rental dwelling unit(s).
c. Legal address of the premises of the rental dwelling unit(s).
d. Number and type of dwelling units (one bedroom, two bedrooms, etc.).
(3) Changes in ownership and amended permits. A registration permit is not assignable. Any changes
occurring in the ownership of a rental dwelling unit(s) require a new registration permit. The new
owner must obtain a new registration permit within 30 days of acquiring the property. The fee paid for
the new registration permit shall be 25 percent of the fee required for an initial registration permit. If
any changes occur in any information required on the registration application, the owner must submit
an amended registration application to the city within 30 days of the change. If any rental dwelling
units are added to a current registration permit, the additional rental dwelling units must be registered
by amendment of the current registration permit and must be accompanied by the fee required for the
additional units.
(4) Annual registration. All rental dwelling units shall be registered before being let, in whole or in part.
Registrations will expire annually at midnight on June 30 for single‐ and two‐family rental dwellings and
on December 31 for apartment buildings with three or more dwelling units. The registration permit for
each building containing one‐ or two‐family rental dwelling units must be renewed annually on or
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Page 3 of 8
before June 1 and apartment buildings containing three or more rental dwelling units must be renewed
on or before December 1. Rental dwelling units must be registered as a sleeping room, a single‐family
dwelling, a two‐family dwelling, or an apartment building. Any unregistered rental dwelling units are
subject to penalties.
(5) Registration fee. The registration fees required by this section are set forth in the city's fee schedule.
The fee must accompany the registration application. The registration fee is doubled when an
application is received more than 30 days after it was due.
Exception: Rental dwelling units owned or under the control of the city must be registered but are
exempt from paying registration fees.
(6) Record retention. The registration application and all other documents pertinent to a rental dwelling
unit shall be kept on file in the office of the building official. A copy shall be furnished to the owner or
other authorized person upon request.
(7) Point‐of‐conversion inspection. Whenever a dwelling unit is converted to rental usage, the dwelling
unit shall be promptly inspected for compliance with the minimum standards set forth in section 3‐30
of this Code. The fee for the "point‐of‐conversion" inspection required by the conversion of a dwelling
unit to rental usage is set out in the city's fee schedule. Two hundred fifty dollars of the conversion fee
shall be waived or reimbursed to the property owner if the owner or the owner's property manager
completes the Minnesota Multi‐Housing Association's rental housing orientation program called "The
Fundamentals of Rental Property Management in Minnesota" or an equivalent city approved program.
To obtain the $250.00 fee waiver or reimbursement, the property owner or owner's agent must
provide proof of attendance to a housing orientation program within the previous six months or
subsequent six months of the property's conversion to rental and there have been no reports of
disorderly behavior per subsection (i) of this section against any properties owned by the same
property owner in the city within the previous 12 months of the waiver or reimbursement. An
additional $250.00 of the conversion fee will be reimbursed to the property owner if no reports of
disorderly behavior per subsection (i) of this section are made against any properties owned by the
property owner in the city within 18 months after the conversion to rental for the property against
which the rental conversion fee was paid.
(f) Issuance of permit. The city shall issue a registration permit if the rental dwelling unit(s) and the application
are found to be in compliance with the provisions of this section subject to subsection (i) of this section and
any required registration fees are paid. A registration permit will be issued for each residential dwelling unit
except, two or more residential dwelling units located within a single building and having a common owner
and a common property identification number shall be issued a single registration permit. Rental
registrations shall be conspicuously posted in all rental properties sharing a common entrance used by two
or more rental dwelling units and the property owner or agent for the owner must be able to present the
registration permit if asked to do so.
(g) Authority. The city manager or the manager's authorized designees shall be responsible for enforcement and
administration of this Code. Authority to take any action authorized under this section may be delegated to
the city manager's authorized designee.
(h) Inspection. The building official may set up a schedule of periodic inspections to insure compliance with this
section. The building official shall provide reasonable notice to the owner or the owner's agent as to the date
and time of the inspection. Each occupant of a rental dwelling unit shall give the owner or the owner's agent
access to any part of such rental dwelling unit at reasonable times for the purpose of effecting inspection,
maintenance, repairs or alterations as are necessary to comply with the provisions of this Code. If any owner,
owner's agent or tenant of a rental dwelling unit fails or refuses to permit entry to the rental dwelling unit
under their control for an inspection pursuant to this section, the building official may seek a court order
authorizing such inspection.
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(i) Disorderly behavior at registered rental dwelling units.
(1) Responsibility. It shall be the owner's responsibility to assure that the tenants, the tenants' family
members and the guests of any tenant or tenant's family member not engage in disorderly behavior in
the rental dwelling unit. For the purposes of this section, rental dwelling unit shall include common
areas in the building where the rental dwelling unit is located.
(2) Disorderly behavior. For the purposes of this section, disorderly behavior may include but is not limited
to the following:
a. Drug‐related illegal activity in the rental dwelling unit. "Drug‐related illegal activity" means the
illegal possession, manufacture, sale, distribution, purchase, use, or possession with intent to
manufacture, sell, or distribute a controlled substance (as defined in the Controlled Substance
Act [U.S.C. 802]) or possession of drug paraphernalia (as defined in Minn. Stat. § 152.092). A
tenant shall be deemed to be in possession of a controlled substance if any amount is located in
the tenant's rental dwelling unit even if the tenant claims not to know the controlled substance
was present unless the tenant provides a sworn statement by a person, other than another
tenant or tenant's family member, that the controlled substance was theirs and the tenant had
no knowledge of the controlled substance.
b. Acts of violence or threats of violence including but not limited to discharge of firearms,
prostitution, intimidation, or any other act that otherwise jeopardizes the health, safety or
welfare of the owner, his agents or tenants.
c. Violation of Minn. Stat. § 609.72 (Disorderly Conduct).
d. Violation of Minn. Stat. §§ 609.74 and 609.745 (Public Nuisance).
e. Violation of Minn. Stat. § 609.66, subd. 1(a), 609.67 or 624.713 (Unlawful use or possession of a
firearm or weapon).
f. Violation of Minn. Stat. § 609.50 (Obstructing Legal Process).
g. Violation of Minn. Stat. §§ 340A.503, subd. 2(1) and subd. 3; 340A.201, subd. 1(4); 340A.702(1)
and (2); New Hope Code section 10‐10 or 10‐40 (Unlawful sale of intoxicating liquor or 3.2 malt
liquor).
h. Violation of New Hope Code section 9‐42 (Regulation and abatement of prohibited noise) relating
to the rental unit.
i. Exceptions:
1. Calls will not be counted for purposes of determining whether a registration permit will be
denied, suspended, nonrenewed or revoked where the victim and suspect are "family or
household members" as defined in the Domestic Abuse Act, Minn. Stat. § 518B.01, subd.
2(b) and where there is a report of "domestic abuse" as defined in the Domestic Abuse Act,
Minn. Stat. § 518B.01, subd. 2(a).
2. Calls will not be counted for purposes of determining whether a registration permit will be
denied, suspended, nonrenewed or revoked where the call is a result of a tenant, a
member of a tenant's household, or guest taking action to seek emergency assistance that
is protected by Minn. Stat. § 504B.205, residential tenant's right to seek police and
emergency assistance.
(3) First instance. Upon determination by the city manager or the manager's designees that a rental
dwelling unit was the location of disorderly behavior, the building official shall notify by first class mail
the owner and tenant of the violation and direct the owner to take steps to prevent further violations.
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(4) Second instance. If a second instance of disorderly behavior occurs at a rental dwelling unit within 12
months of the time a notice was sent for previous disorderly behavior at the same unit, the building
official shall notify by first class mail the owner and the tenant of the violation and direct the owner to
submit, within ten days of the date of the notice, a written report of all actions taken by the owner
since the first violation notice and actions the owner intends to take to prevent further disorderly
behavior.
(5) Third instance. If a third instance of disorderly behavior occurs at a rental dwelling unit within 12
months after the first of two previous notices of disorderly behavior at the same unit, the rental
dwelling unit registration permit may be revoked, suspended or not renewed by the city council upon
the recommendation of the building official. The city manager or the manager's designees shall make
their decision to recommend revocation, suspension or nonrenewal of the registration permit and
submit their recommendation to the city council within ten days of the third instance of disorderly
behavior.
(6) For purposes of this section, second and third instances of disorderly behavior shall be those which:
a. Occur at the same rental dwelling unit; or
b. Involve tenants at the same rental dwelling unit; or
c. Involve guests or invitees at the same rental dwelling unit; or
d. Involve guests or invitees of the same tenant; or
e. Involve the same tenant.
(7) Postponing permit action. No adverse registration permit action shall be imposed where the instance
of disorderly behavior occurred during pending eviction proceedings (unlawful detainer) or within 30
days of notice given by the owner to a tenant to vacate the rental dwelling unit. However, adverse
registration permit action may proceed when the owner fails to diligently pursue the eviction process.
Further, an action to deny, revoke, suspend or not renew a registration permit based upon violations of
this section may be postponed or discontinued at any time if the owner has taken appropriate
measures which will prevent further instances of disorderly behavior which may include a failed
eviction process.
(8) Determining disorderly behavior of a registration permit. A determination that the rental dwelling unit
has been the location of disorderly behavior shall be made upon substantial evidence to support such a
determination. It shall not be necessary that criminal charges be brought in order to support a
determination of disorderly behavior, nor shall the dismissal or acquittal of a criminal charge operate
as a bar to adverse registration permit action under this section.
(9) Enforcement. Enforcement actions provided in this section shall not be exclusive, and the city council
may take any action with respect to an owner, a tenant or the registered rental dwelling unit(s) as is
authorized by this section or state law.
(j) Revoking, suspending, denying or not renewing a registration permit.
(1) The city council may revoke, suspend, deny or decline to renew any registration permit issued under
this section. In buildings containing more than one rental dwelling unit, the revocation, suspension,
denial or declination may apply to one or more rental dwelling units at the discretion of the city
council. The basis for such revocation, suspension, denial or nonrenewal includes, but is not limited to,
any of the following circumstances:
a. The registration permit was procured by misrepresentation of material facts with regard to the
rental dwelling unit or the ownership of the rental dwelling unit.
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b. The applicant or one acting in applicant's behalf made oral or written misstatements
accompanying the application.
c. The applicant has failed to comply with any condition set forth in any other permits granted by
the city.
d. The activities of the owner/agent create or have created a danger to the public health, safety or
welfare.
e. The rental dwelling unit contains conditions that might injure or endanger the safety, health or
welfare of any member of the public.
f. Failure to pay any application fee or reinstatement fee required by this section and city council
resolution.
g. Failure to correct violations of New Hope Code section 3‐30 (property maintenance code) in the
time period specified in the notice of violation and correction.
h. Following the third instance of disorderly behavior specified in subsection (i) of this section that is
not subject to the exception set forth in subsection (i)(2)i of this section or the circumstances set
forth in subsection (i)(7) of this section.
i. Violation of any regulation or provision of the code applicable to the activity, to which the
registration permit has been granted, or any regulation or law of the state so applicable.
j. Failure to continuously comply with any condition required of the applicant for the approval or
maintenance of the registration permit.
k. Any violation of this section.
(2) Fines. In lieu of revoking or suspending a registration permit for violations of subsection (j)(1) of this
section, the city council, in its sole discretion, may impose a civil fine. Fines shall primarily apply to the
following violations of this Code and shall be in an amount as set out in the matrix following this
section:
a. Renting a residential dwelling unit without proper registration as required herein.
b. Failure to comply with a property maintenance correction order from the building official or his
designee before a third property maintenance inspection is conducted in response to the
property maintenance correction order.
Fine Matrix
1st Violation 2nd Violation Within 12 Months of
1st Violation
3rd Violation Within 12 Months of
1st Violation
$500.00 $1,000.00 $2,000.00
(3) Notification. The building official shall notify the owner or the owner's agent in writing of the basis for
the fine, revocation, suspension, denial or nonrenewal and the date upon which the city council shall
review the request to fine, revoke, suspend, deny, or not renew the registration permit. The notice
required by this section shall be served upon the owner or the owner's agent at least 20 days before
the city council hearing. Service shall be deemed sufficient if the notice is sent to the owner or the
owner's agent by first class mail at the address provided in the registration application. It shall be the
responsibility of the owner or the owner's agent to notify the tenant in writing of the hearing date,
time and place.
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(4) Hearing. The owner or the owner's agent and the building official shall be given an opportunity to be
heard. The owner may be represented by counsel and the building official may be represented by the
city attorney. Both sides may be permitted to examine the other side's witness(es). The city council
shall hear all relevant evidence and arguments and shall review all testimony, documents, and other
evidence submitted. The city council shall record the hearing and keep a record of documentary
evidence submitted.
(5) Decision. The city council shall make findings based on the evidence and shall make a decision on the
recommendation to fine, revoke, suspend, deny, or nonrenew a registration permit based on the
findings. The city council shall issue a written decision regarding the recommendation of the building
official within 30 days following the date of the hearing and shall notify the appellant of the decision by
first class mail with a duplicate copy to the building official. The decision shall specify the rental
dwelling unit or units to which it applies. Thereafter, and until a registration permit is reissued or
reinstated, no rental dwelling units that have had their rental registration permit revoked, suspended,
denied, or nonrenewed may be re‐let or occupied. Revocation, suspension, denial, or nonrenewal of a
registration permit shall not excuse the owner from compliance with all terms of this section for as
long as any rental dwelling units in the building are occupied. All fines are payable within 30 days of the
council action imposing the fine. Failure to timely pay any fine imposed will result in a late fee equal to
25 percent of the fine and revocation or suspension of the registration permit to which the fine applies.
(6) Permit process after revocation, suspension, denial or renewal declination. After the city council
revokes, suspends, denies or declines to renew a registration permit, no registration permit will be
issued for the affected rental dwelling unit(s) until the building official determines that the
applicant/owner has remedied the conditions identified by the city council as the basis for its action.
An application to obtain a registration permit for a rental dwelling unit after the city council has
revoked, suspended, denied or declined to renew a registration permit for the same rental dwelling
unit(s) must be accompanied by all fees required by this section.
(k) Effect of revocation, suspension, denial, or nonrenewal. If a registration permit is revoked, suspended, denied
or not renewed by the city council, it shall be unlawful for the owner or the owner's agent to thereafter
permit the occupancy of the then vacant or, thereafter vacated, rental dwelling unit(s), until such time as a
valid rental registration permit is obtained for the rental dwelling unit(s). Issuance of a new registration
permit after revocation, suspension, denial or nonrenewal shall be made in the manner provided for in
subsection (e) of this section.
(l) Posted to prevent occupancy. Whenever any rental dwelling unit has been denied an initial registration
permit, had its registration permit revoked, suspended, denied or not renewed, it shall be posted by the
building official to prevent further occupancy. No person other than the building official shall remove or alter
any posting. The building official will post the date the rental dwelling unit shall be vacated and no person
shall reside in, occupy or cause to be occupied that rental dwelling unit until the building official permits it.
(m) Penalties. A person who violates the provisions of this section 3‐31 may be charged with a misdemeanor.
Each day that a violation continues shall be deemed a separate offense. The building official may post the
rental dwelling unit by appropriate signs or notices prohibiting occupancy and may act to cause the rental
dwelling unit to be vacated or remain vacant until the code violations are corrected.
(n) No retaliation. Per Minn. Stat. § 504B.205.2, subd. 2 "Emergency calls permitted":
(1) A landlord may not: (1) bar or limit a residential tenant's right to call for police or emergency assistance
in response to domestic abuse or any other conduct; or (2) impose a penalty on a residential tenant for
calling for police or emergency assistance in response to domestic abuse or any other conduct.
(2) A residential tenant may not waive and a landlord may not require the residential tenant to waive the
residential tenant's right to call for police or emergency assistance.
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(o) No warranty by city. By enacting and undertaking to enforce this Code, the city, city council, its agents,
and/or employees do not warrant or guaranty the safety, fitness or suitability of any dwelling in the city.
Owners and occupants should take whatever steps they deem appropriate to protect their interests, health,
safety and welfare.
(p) Best practices program.
(1) Program established. Rental properties with three or more units can qualify for the "Best Practices"
program. Properties in compliance with the program requirements will receive a reduction in the
annual rental registration permit fee as set out in the city's fee schedule. The "Best Practices"
registration fee shall remain in effect as long as the "Best Practices" program requirements are
maintained for the property as determined by the city.
(2) Program requirements. The "Best Practices" program qualification requirements are as follows:
a. Use of a city approved crime‐free housing addendum or equivalent in all new and/or renewed
leases;
b. All new and/or renewed leases must include a provision to permit city inspection of individual
rental units per the city determined inspection schedule;
c. Use of a background check procedure that includes a criminal history check for all new
tenants/rental managers/employees;
d. Continuing verification every three years that the property manager has attended at least one
city approved crime‐free multi‐housing training program during the three‐year verification cycle.
It shall be the property manager's or owner's affirmative responsibility to provide the city with
the property manager's verification of this requirement;
e. Attendance by the property manager each year at one New Hope Property Manager Association
meeting;
f. During every inspection cycle, the property must fully comply with all property maintenance
standards required by section 3‐30 of this Code at the time of the first reinspection if needed.
(3) Application. Property managers or owners must apply for the "Best Practices" program by submitting
an application on forms provided by the city and all other city required documentation needed to
determine compliance with all program requirements.
(4) Program disqualification. The city may terminate a property from the "Best Practices" program if it
determines, in the city's sole discretion, that the property has failed to comply with the requirements
of subsection (p)(2) of this section or has had a rental registration permit revoked per subsection (j) of
this section. A rental property disqualified from the "Best Practices" program shall pay the
nonparticipant registration permit fee to obtain the following year's registration permit.
(5) Reapplication procedure. If a property loses its "Best Practices" program status, the property owner
may reapply for the program only after successfully passing the inspection during the following
inspection cycle and re‐submitting an application per subsection (p)(3) of this section.
(Ord. No. 14‐08; §§ 1, 2, 9‐8‐2014; Ord. No. 17‐03, §§ 1, 2, 2‐17‐2017; Memo. of 1‐19‐2018)
June 28, 2022
Berkeley Heights Homes LLC
Sekou AM Dukuly
7523 Humbolt Circle N
Brooklyn Park, MN 55,144
RE: FIRST NOTICE OF VIOLATION OF DISORDERLY BEHAVIOR AT REGISTERED
RENTAL DWELLING UNITS ORDINANCE AT 3957 WISCONSIN AVE N (KENDRICK
STARR)
Dear Property Owner:
The City of New Hope's records indicate that you are the registered owner for the rental
property located at the address listed above. A disorderly behavior instance recently occurred at
this property as follows:
On 6/1,212022 at 1444 hours, officers were dispatch for a disturbance at a group home "someone
yelling at the top of their lungs." Upon arrival, a male could be heard yelling inside the
residence. Officers made contact and advised. A Disorderly Behavior at Rental Unit slip was
issued for Disorderly Conduct.
THIS DISORDERLY BEHAVIOR VIOLATES NEW HOPE CODE SECTION 3-31(i)(l)(2)c,
DISORDERLY BEHAVIOR AT RECISTERED RENTAL DWELLING UNITS. Under city code,
Section 3-31(i)(l), the property owner is responsible for making sure the tenants, the tenants'
family members, and the guests of any tenant or tenants' family members not engage in
disorderly behavior in the rentaI dwelling unit. The "rental dwelling unit" includes common
areas in the home or building where the rental unit is located.
Further instances of disorderly behavior at the same unit or involving the same tenant or guest
of the same tenant can result in penalty fines or your rental registration for this rental unit being
revoked, suspended, or not renewed, which would prevent you from renting the dwelling unit.
See section 3-31(l)(l)h regarding revoking, suspending, denying, not renewing a registration
permit after the third instance of disorderly behavior.
The city strongly encourages you to take the following steps to prevent further disorderlybehavior: CIry or Nsw Hopr
,1401 Xylon Avenue North o New Hope, Minnesota 55428-4898 o www. ci.new-hope.mn.us
City Hall: 763-531-5100 r Police (non-emergeacy):763-537-5170 o Public Works 763-592-6777
City Hall Fax: 763-531-5136 o Police Fax: 763-537-5774. Public Works Fax:763-592-6776
Review your lease to be sure you hold your residents responsible for the behavior of
their household members and guests while on the property
Review your lease to be sure you prohibit your residents (and their household members
and quests) from behavior that constitutes disorderly behavior under the ordinance
Wam your resident(s) at the address listed above about this incident of disorderly
behavior and notify them of the actions you will take if disorderly behavior at the rental
unit continues
Monitor the situation and take more serious actions (such as final waming, lease non-
renewal, or eviction) if disorderly behavior continues
City staff is available to assist you with information or referrals if you need help in preventing
further disorderly behavior on your registered rental properties. We have enclosed a handout
describing the city's disorderly behavior ordinance for your reference. Please call the New Hope
Police Department at 763-531-5170 if you have any questions or would like further assistance.
Sincerely,
1
,t*\
Tim W. Hovt
Chief of Police
Eric Hanson
Building Official
Cc: Jeff Sargen! Community Development Director
Eric Piper, Housing/Code Enforcement
Johnny Vang, Housing/Code Enforcement
Jessi Weber, Admin Specialist Community Development
Jeana Allen-Hatcher, Police Office Records Supervisor
Stacy Woods, City Attomey
Encl.
t^
NEW HOPE POLICE DEPARTMENT
INCIDENT REPORT
ICR#22009738 AGENCY ORI#MN0271400 JUVENILE:
Reported:06-12-2022 1444 First Assigned:1446 First Arrived:1448 Last Cleared:1504
Committed Start:06-12-2022 1444 Committed End:06-12-2022 1504
Title:Disturbance How Received:Radio
Summary:
Officers were dispatched to a disturbance of an individual yelling loudly. Officers made contact with the
individual and mediated. Officers cleared.
Location(s)
Address:3957 WISCONSIN AVE N City:New Hope State:MN Zip:55427 Country:US
Custom Attributes Social Worker
Officer Assigned:Janson, Justin Badge No:97 Primary:No
Officer Assigned:Leon Aguilar, William Badge No:110 Primary:Yes
Officer Assigned:Lesnikowski, Tom Badge No:109 Primary:No
MOC:DISNOI Literal:DISTURBANCE - NOISE Statute:UCR:
MOC:ORDDB Literal:DISORDERLY BEHAVIOR NOTICE Statute:UCR:
Involvement: Mentioned Name:Starr, Kendrick Lemont
Age:23
Address:(Residence) 3957 Wisconsin Ave N City:New Hope State:MN Zip:55427 Country:
Supplemental Report
ICR:22009738 Last Modified:06-13-2022 1202
Title:110 Leon Created By:William Leon Aguilar
On 06/12/2022 at 1444 hours, officers were dispatched to 3957 Wisconsin Ave N for a disturbance.
Information provided was, “SOMEONE YELLING AT SOMEONE, AT THE TOP OF THEIR LUNGS.”
Upon arrival, I could hear a male yelling inside the house. As I approached the door, the yelling stopped. I
knocked on the door and a male identified as Kendrick Lemont Starr, XXXXXXXXXXXX, opened the door. I asked
Starr to step outside and talk to my partners.
I went inside the house and spoke with Staff Pearl Dennis about Starr. Dennis stated that Starr threw a cup at
the window after becoming frustrated. She attempted to calm him down, but his behavior escalated. Dennis
wanted Starr to calm down, and everything would be ok.
I went back outside and spoke with Starr. Starr was frustrated because he was having trouble talking. He threw
a cup at the window. Starr agreed to have a cigarette before going back inside. He agreed to stay in his room to
cool down.
Starr was advised to document any incident and talk to the group home manager.
End of report
/110wla
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June 29, 2022
Berkeley Heights Homes LLC
Seekou AM Dukuly
7523 Humbolt Circle N
Brooklyn Park, MN 55444
Dear Property Owner:
The City of New Hope's records indicate that you are the registered owner for the rental
property located at the address listed above. A disorderly behavior instance recently occurred at
this property as follows:
On 612012022 at 1301 hours, officers were dispatched regarding one unconscious. Upon arrival,
North Paramedics and the fire department were on scene administering life saving measures
but were unsuccessful. North Paramedics call the time of death at 1318 hours. The medical
examiner found evidence of drug paraphemalia near the bed; all were collected as evidence.
Officer found marijuana inside of a fanny pack sitting on the bed. A Disorderly Behavior at
RentaI Unit slip was issued for Drug Activity/Paraphemalia.
THIS DISORDERLY BEHAVIOR VIOLATES NEW HOPE CODE SECTION 3-3t(i)(l)(2)c,
DISORDERLY BEHAVIOR AT REGISTERED RENTAL DWELLING UNITS. Under city code,
Section 3-31(i)(l), the property owner is responsible for making sure the tenants, the tenants'
family members, and the guests of any tenant or tenants' family members not engage in
disorderly behavior in the rental dwelling unit. The "rental dwelling unit" includes common
areas in the home or building where the rental unit is located.
Further instances of disorderly behavior at the same unit or involving the same tenant or guest
of the same tenant can result in penalty fines or your rental registration for this rental unit being
revoked, suspended, or not renewed, which would prevent you from renting the dwelling unit.
See section 3-3,I(i)(l)h regarding revokhg, suspending, denying, not renewing a registration
permit after the third instance of disorderly behavior.
Cnv or Nsw Hopr
t1401 Xylon Avenue North o New Hope, Minnesota 55428-4898 . www. ci.new-hope.mn.us
City Hall: 763-531-5100 . Police (non-emergency):763-531-5170 r Public Works: 763-592-6777
City Hall Fax: 763-531-5136 e Police Fax: 763-537-5774. Public Works F ax:763-592-6776
RE: SECOND NOTICE OF VIOLATION OF DISORDERLY BEHAVIOR AT REGISTERED
RENTAL DWELLINC UNITS ORDINANCE AT 3957 WISCONSIN AVE N (]ACOB
ZAHRADKA - DECEASED)
You must submit, within 10 days of the date of the notice, a written report of all actions taken
by you since the first violation notice and actions you intend to take to prevent further
disorderly behavior at this property.
The city strongly encourages you to take the following steps to prevent further disorderly
behavior:
. Review your lease to be sure you hold your residents responsible for the behavior of
their household members and guests while on the property
o Review your lease to be sure you prohibit your residents (and their household members
and quests) from behavior that constitutes disorderly behavior under the ordinance
. Wam your resident(s) at the address listed above about this incident of disorderly
behavior and notify them of the actions you will take if disorderly behavior at the rental
unit continues
o Monitor the sifuation and take more serious actions (such as final waming lease non-
renewa[, or eviction) if disorderly behavior continues
City staff is available to assist you with information or referrals if you need help in preventing
further disorderly behavior on your registered rental properties. We have enclosed a handout
describing the city's disorderly behavior ordinance for your reference. Please call the New Hope
Police Department al75!531-5170 if you have any questions or would lil<e further assistance.
Sincerely,
TimW Hoyt
Chief of Police
A* J^"^-"-
Eric Hanson
Buitding Official
Cc: Jeff Sargent Community Development Director
Eric Piper, Housing/Code Enforcement
Johnny Vang Housing/Code Enforcement
Jessi Weber, Admin Specialist Community Development
Jeana Allen-Hatcher, Police Office Records Supervisor
Stacy Woods, City Attomey
Encl.
+"'(r
NEW HOPE POLICE DEPARTMENT
INCIDENT REPORT
ICR#22010393 AGENCY ORI#MN0271400 JUVENILE:
Reported:06-20-2022 1301 First Assigned:1307 First Arrived:1311 Last Cleared:1548
Committed Start:06-20-2022 1301 Committed End:06-21-2022
Title:Death - Investigation How Received:Radio
Summary:
Officers responded to a residence for an adult male who was unconscious. Life saving efforts were made by
New Hope Officers, Paramedics and West Metro Fire. The male was pronounced deceased.
Location(s)
Address:3957 WISCONSIN AVE N City:New Hope State:MN Zip:55427 Country:US
Alert(s)
Type:Permanent Record Alert:PERMANENT RECORD Start:--End:--
Custom Attributes Disorderly Behavior DTF Command Staff
Officer Assigned:Swaja, Chris Badge No:66 Primary:No
Officer Assigned:Arthur, Joshua Badge No:107 Primary:Yes
Officer Assigned:Rouse, Benjamin Badge No:111 Primary:No
MOC:DEATH Literal:DEATH INVESTIGATION Statute:UCR:
MOC:ORDDB Literal:DISORDERLY BEHAVIOR NOTICE Statute:UCR:
Involvement: Victim Name:Zahradka, Jacob Paul
Age:37
Address:(Residence) 3957 Wisconsin Ave N City:New Hope State:MN Zip:55427 Country:
Involvement: Reporting Party Name:Nornie, Michael G
Age:52
Address:(Residence) 3911 65th Ave N 101 City:Brooklyn Center State:MN Zip:55429-2171 Country:
Involvement: Mentioned Name:Kamara, Mariam S
Age:30
Address:(Employer) 3857 Wisconsin Ave N City:New Hope State:MN Zip:55427 Country:
Involvement: Mentioned Name:Jarwo, Fatu Mama
Age:53
Address:(Residence) 5632 Boone Ave N APT 11 City:New Hope State:MN Zip:55428 Country:
Involvement: Mentioned Name:Zahradka, Joseph
Age:39
Address:(Residence) 345 Wabasha St N APT 814 City:St Paul State:MN Zip:55102 Country:
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BarCode:22-01080 Item Type:Paraphernalia Bin:BIN 3
Description:100 unit syringe
Location
Address:(Residence) 3957 WISCONSIN AVE N City:New Hope State:MN Zip:55427 Country:US
Name(s)
Last Name:Zahradka First:Jacob Middle:Paul
BarCode:22-01081 Item Type:Paraphernalia Bin:BIN 3
Description:Small plastic baggie and a silver spoon
Location
Address:(Residence) 3957 WISCONSIN AVE N City:New Hope State:MN Zip:55427 Country:US
Name(s)
Last Name:Zahradka First:Jacob Middle:Paul
BarCode:22-01082 Item Type:Narcotics Bin:BIN 3
Description:Baggie of marijuana
Location
Address:(Residence) 3957 WISCONSIN AVE N City:New Hope State:MN Zip:55427 Country:US
Name(s)
Last Name:Zahradka First:Jacob Middle:Paul
BarCode:22-01083 Item Type:Narcotics Bin:BIN 3
Description:Baggie of marijuana
Location
Address:(Residence) 3957 WISCONSIN AVE N City:New Hope State:MN Zip:55427 Country:US
Name(s)
Last Name:Zahradka First:Jacob Middle:Paul
Supplemental Report
ICR:22010393 Last Modified:06-23-2022 1023
Title:107 Arthur Created By:Joshua Arthur
On 06-20-2022 at 1301 hours, Officers responded to a dispatched call at 3957 Wisconsin Ave N (Group
Home) , regarding one unconscious.
Upon arrival North paramedics and Fire were on scene and administering life saving measures
(Cardiopulmonary resuscitation aka CPR), on Jacob Paul Zahradka XXX XXXXXXXXXX. Officers were
informed that CPR was initiated at 1303 hours.
As CPR was being administered Officers started gathering information from staff members regarding when
Jacob was first seen in his current state and last seen alive. The following information was gathered.
Officers made contact with the reporting party, Michael G Nornie XXX XXXXXXXXXX and two other present
staff members, Mariam S Kamara XXX XXXXXXXXXX and Fatu Mama Jarwo XXX XXXXXXXXXX. Staff stated
that Jacob was an independent resident and that he made his own medical decisions. Staff checked on
Jacob every couple of hours and Jacob was known to sleep in late. Staff first checked on Jacob at
approximately 0700 hours on 06-20-2022 and he was laying in his bed with his head towards the back wall
and his feet towards the door-end of his bedroom. Staff stated that they visually saw Jacob breathing at
that time. Staff check on Jacob at approximately 0830 hours on 06-20-2022 and saw his body in the same
position and they visually saw him breathing at that time. Fatu opened Jacob's bedroom door at
approximately 1000 hours on 06-20-2022 and she stated that his body had shifted to the middle of the bed
and laying more vertically, but she did not know if he was breathing at that time. Between approximately
1250-1259 hours on 06-20-2022 Mariam walked in to check on Jacob and noticed that he had not been
breathing and he was laying in the same vertical position. Mariam alerted Michael that Jacob was not
breathing, they contacted 911 then started CPR.
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Staff did not know of any recent drug use by Jacob other than marijuana which staff stated he was
medically prescribed. Jacob had moved into the Group Home in 05-2022 and prior to that he lived with his
brother, Joseph Zahradka XXX XXXXXXXXXX, in St Paul. Based on the medical records they had, Jacob had
been diagnosed with a Traumatic Brain Injury (TBI), memory issues, a torn rotator cuff (unknown side) and
poor balance. The TBI stemmed from a car crash in 2012 according to Joseph. Jacob was never married, he
did not have any children, his mother, Kathy Zahradka, was deceased and his only living next of kin was
Joseph.
North paramedics called Jacob's time of death at 1318 hours. I made contact with the Medical Examiner
(Schuman) and started the Hennepin County Crime Lab (Deputy Coates) shortly after.
Officers searched around Jacob's room for any possible clues or prescribed medications and Officers found a
prescribed inhaler (XopenexHFA).
I made contact with Joseph via phone and Joseph stated that Jacob was addicted to "Speed," an addictive
amphetamine drug. Joseph stated that Jacob could have been using Speed and that he could have bought it
from former dealers that Joseph was familiar with or from someone inside of the group home. Joseph
believed that Jacob's death could have been from overdosing.
I informed the Medical Examiner of this information when she arrived and she found a spoon, a small plastic
baggie and a bloody needle near the bed, all were collected as evidence. I found marijuana inside of a fanny
pack that was sitting on Jacob's bed and I collected that as evidence to be destroyed. I found makeup
inside of that same bag and the Medical Director believed that he was using that to cover the needle marks
on his arm. There were no other indicators found in Jacob's bedroom related to medication nor narcotic
use.
Jacob's body was taken by the Medical Examiner's team for a full autopsy to be performed due to the
suspicious circumstances and lack of natural findings.
NFI.
/JA107
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NEW HOPE POLICE DEPARTMENT
INCIDENT REPORT
ICR#22011144 AGENCY ORI#MN0271400 JUVENILE:
Reported:06-30-2022 0716 First Assigned:0731 First Arrived:0734 Last Cleared:0757
Committed Start:06-30-2022 0716 Committed End:
Title:DOC How Received:Radio
Summary:
Officers were dispatched to a residence regarding harassment by a neighbor. Officers made contact with
the suspect at the scene who was issued a citation for disorderly conduct. A disorderly behavior at a rental
unit slip was also issued.
Location(s)
Group Home Address:3957 WISCONSIN AVE N City:New Hope State:MN Zip:55427 Country:US
Address:3949 WISCONSIN AVE N City:New Hope State:MN Zip:55427 Country:US
Custom Attributes Disorderly Behavior Johnson - FYI
Officer Assigned:Stanley, Pete Badge No:59 Primary:Yes
Officer Assigned:Lesnikowski, Tom Badge No:109 Primary:No
MOC:DISHAR Literal:HARASSMENT Statute:UCR:
MOC:ORDDB Literal:DISORDERLY BEHAVIOR NOTICE Statute:UCR:
Involvement: Arrested Name:Starr, Kendrick Lemont
Age:24
Address:(Residence) 2927 Dupont Ave N City:Minneapolis State:MN Zip:55411-1343 Country:
Arrest Date Time:06-30-2022 0747
Involvement: Subject Name:Swanson, Josie T
Age:30
Address:(Residence) 3949 Wisconsin Ave N City:New Hope State:MN Zip:55427 Country:US
Involvement: Witness Name:Thompson, Douglas Robert
Age:67
Address:(None Selected) 3972 Wisconsin Ave N City:NEW HOPE State:MN Zip:55427-1156 Country:
Involvement: Mentioned Name:Dennis, Pearl D
Age:26
Address:(Residence) 3957 Wisconsin Ave N City:New Hope State:MN Zip:55428 Country:
#27142022003900 Dt\tm:06-30-2022 Officer:T. Lesnikowski 109
Description:
Disorderly Conduct - Offensive/Obscene
Summary:
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See report.
Notes:
See report.
Last Name:Starr First:Kendrick Middle:Lemont
Address:(Residence) 2927 Dupont Ave N City:Minneapolis State:MN Zip:55411-1343 Country:
Offense(s)
Offense:Disorderly Conduct - Offensive/Obscene (609.72.1(3)) Disorderly Conduct - Offensive/Abusive/Boiste
Locations(s)
Address:(Residence) 3949 WISCONSIN AVE N City:New Hope State:MN Zip:55427 Country:US
Court Dt\tm:--Court Location:Hennepin Criminal Brookdale
Offense:Disorderly Conduct -Offensive/Obscene (609.72.1(3)) Disorderly Conduct -Offensive/Abusive/Boiste
Supplemental Report
ICR:22011144 Last Modified:06-30-2022 1223
Title:109 Lesnikowski Created By:Tom Lesnikowski
On 06/30/2022 at 0716 hours I was dispatched a harassment call at 3957 Wisconsin Ave N. Dispatch’s
notes stated that a resident from this address was outside yelling “Hey baby.” Black male, orange hat,
wearing mostly black.
Upon arrival to the scene I went to the reporting party’s house looking to speak to her, Josephine T
Swanson XXXXXXXXXXXX. Officers tried knocking on the door but no one answered. I then went back to my
squad car and called her. She picked up the phone and I asked her what happened today. She told me that
a man in the street who she believes is a group home resident at 3957 Wisconsin approached her and
started talking to her. She was leaving for work and had to manually open her garage door because her
power was out. This male said:
l “Hey baby.”
l “What are you doing baby”
l “Where are you going”
In that moment Swanson told me that she immediately pulled out her phone to call 911. While she was
trying to call 911 this male kept yelling at her. He eventually went back into his own driveway and Swanson
left for work.
Swanson told me that these comments were directed at her. She told me that she felt unsafe,
uncomfortable and harassed. Swanson would like to press charges. I told Swanson that I would reach out to
her later.
While I was on the phone, a neighbor nearby came out to speak with Sgt. Stanley. She informed him that
her husband who lives at 3972 Wisconsin Ave N heard what happened. I went over to that address and
spoke to Douglas Robert Thompson XXXXXXXXXXXX. Thompson told me that he was his backyard working
on his sprinkler system. This house is directly across from 3957 Wisconsin Ave N. He told me that he heard
some unusually loud noises from “over there.” He was pointing out into the street towards 3957. He told me
that he often hears loud noises coming from there, however today this was “on another level.” He did not
hear any specific words but heard loud speaking.
Officers then went over to 3957 to see if we could locate the male suspect. Having been to many calls at
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this address before I am very familiar with the residents. I know that a group home resident Kendrick
Lemont Starr XXXXXXXXXXXX has caused loud disturbances in the past. While approaching the house I
noticed a black male wearing mostly all black in the driveway of 3957 Wisconsin Ave N. I recognized this
male to be Starr. I called out his name, “Kendrick” and he acknowledged me.
Officers then spoke to Starr. Starr did admit to speaking with his neighbor earlier and pointed to the house
of 3949. He stated that he just said, “Hi.” Officers told Starr that our investigation showed that he spoke
with his neighbor. He told officers that he did not speak with her because she would not answer him. Starr
did mention that he said, “Hey baby.”During our conversation with Starr a group home staff member was
present named, Pearl D Dennis XXXXXXXXXXXX.
I then told Starr that he would be getting cited for Disorderly Conduct and that I would give him the
citation. I then printed off a citation for Starr for Disorderly Conduct and explained the citation to him.
I then called Swanson back to update her about what happened and to get a formal statement. I told her
that the suspect was cited for disorderly conduct. I then got an official recorded statement from Swanson.
The following is not in chronological order or verbatim.
l Swanson told me that the suspect approached her and said things like, “Hey baby, Where you going,
What are you doing.”
l He yelled at her more but she could not understand what he was saying.
l She was in the driveway because she was going to work. She was standing next to her vehicle.
l The suspect was standing in the middle of the street. After he yelled at her from the street he started
to walk back to his drive way and continued to yell at her.
l She told me that she called 911 because she felt threated and harassed.
l I asked Swanson to tell me how his words made her feel.
l She told me that she felt very nervous, scared and offended by what he was saying. She was being
harassed in her own driveway.
l She also told me that she was alarmed by the suspect. She was shaking while she was trying to call
the police. And was so nervous that she forgot her own address at first when speaking to dispatch.
l Swanson said that she believes she had seen him before and in the street before.
l Swanson said that she believes he is a resident at the group home at 3957 and that if she heard his
voice again she would be able to recognize it.
l End statement.
Swanson did not have any more questions for me. I told her to give me a call back if she had more
questions.
End report.
/109TL
Supplemental Report
ICR:22011144 Last Modified:06-30-2022 1227
Title:59 Created By:Pete Stanley
On 6/30/22 at 0716 hours, New Hope squads responded to a threat complaint that had occurred at 3949
Wisconsin Ave N. RP reported that a male possibly from 3957 Wisconsin was outside their residence yelling
“Hey Baby” The male was described as younger black male wearing mostly black clothing, Caller believed
he had gone into the garage at 3957 Wisconsin Ave.
Officers responded to 3949 Wisconsin to speak with the RP. We knocked on the door and received no
response. Officer Lesnikowski contacted the RP via telephone in his squad, I was present, and the phone
was on speaker. The Reporting party identified herself as Josie T Swanson XXXXXX. Swanson stated a
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male who she believed was from 3957 Wisconsin approached her this morning when she was trying to get
her garage door open. He was yelling at her stating “Hey Baby, where are you going” Swanson was
concerned and offended by this. She stated that she called 911 as the male started to get closer to her
home. The male was out in the street and did not come on her property. While Swanson was on the phone
another neighbor approached us and advised that her husband had heard a lot of yelling in the street prior
to us arriving. Officers would speak with this neighbor who was identified as Douglas Thompson at 3972
Wisconsin.
Thompson stated he was in his back yard watering the grass, he heard someone yelling in the street. He
stated that he recognized the voice, which he said was distinctive. He believed it was a male that lived at
3957 Wisconsin Ave. He stated that the yelling went on for approximately 4-5 minutes. He did not observe
the male, nor could he understand what the male was saying.
From prior calls, the description given by the victim and witness, Officers believed that the male that was
yelling lives at 3957 Wisconsin and we believed him to be Kendrick Lemont Starr XXXXXXXX.
Officers observed a male matching the physical description near the front door of 3957 Wisconsin. We
believed this male was Starr. Officers approached him and called out his name and he answered.
Officers then spoke with the male, and he admitted that he had contact with his neighbor. Initially he
would minimize the contact but did admit he made a comment “hey baby”.
The conversation was captured on BWC. Officers advised the male that we were citing him for DOC. We
spoke with the supervisor of the group home Pearl Dennis. The property was issued a disorderly house
form as well.
I later requested the 911 transcript and Officer Lesnikowski took a formal statement via the phone from the
victim.
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I:\RFA\HR & Admin Svcs\Human Resources\2022\2022 Council Meetings\07252022\Q&R LELS 273.docx
Request for Action
July 25, 2022
Approved by: Tim Hoyt, Acting City Manager
Originating Department: HR & Admin Services
By: Rich Johnson, Director
Agenda Title
Resolution ratifying the 2023‐2025 labor agreement with Law Enforcement Labor Services (LELS) Local #273
Requested Action
Staff recommends ratification of the 2023‐2025 labor agreement with LELS Local #273 which is comprised of
the police supervisors (sergeants and captains) in the city of New Hope.
Policy/Past Practice
Management staff negotiates with labor representatives, attempting to reach an agreement that meets both
the needs of the city and the covered employees. If an agreement cannot be reached, the next step is third‐
party mediation. If agreement were still not reached, the matter would proceed to binding arbitration.
Background
Staff met with LELS #273 leadership on April 20 and June 30, 2022 to negotiate a labor contract for 2023 and
beyond. Information was shared with the city council most recently at a closed session on June 27 where
council indicated their general approval of staff’s proposals and the ongoing negotiations. A Tentative
Agreement was reached with the union on June 30 and is expected to be ratified by the union membership
before the July 25 Council meeting. A summary of the agreement is as follows:
A three‐year agreement which includes a 3.0% market increase and a 3.0% across the board wage
increase effective January 2, 2023, a 3.0% across the board wage increase effective January 1, 2024, and
a 3.0% across the board wage increase effective January 12, 2025.
Increase in shift differential pay (from $0.60 to $0.75/hour) for sergeants between 7:00 p.m. and 7:00
a.m. and when their schedule is changed at the city’s request.
Amended language in the Employee Rights article due to a change in Minnesota State Law.
Funding
The personnel costs resulting from this agreement have been included in the proposed 2023 budget.
Attachment
Resolution
Agenda Section
Ordinances &
Resolutions
Item Number
10.1
City of New Hope
Resolution No. 2022 ‐ ___
Resolution ratifying the 2023 ‐ 2025 Labor Agreement with LELS #273
WHEREAS, Law Enforcement Labor Services, Inc. (L.E.L.S.), as bargaining representative for licensed
peace officers who are employees of the City of New Hope Police Department, has
presented to the City of New Hope various requests relating to the wages of employees in
the police officer job classification; and
WHEREAS, the City of New Hope has presented to the designated representatives of L.E.L.S. various
requests relating to the wages of employees in the police sergeant and police captain job
classifications of the Police Department of the City of New Hope; and
WHEREAS, Representatives of the union and the city have met and negotiated regarding the requests
of the union and the city; and
WHEREAS, Agreement has now been reached between representatives of the two parties on the
proposed changes to the existing agreement between the city and the union.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope that the
2023 ‐ 2025 Labor Agreement between the city of New Hope and the L.E.L.S. #273 is
ratified.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this
25th day of July, 2022.
Mayor
Attest:
City Clerk
S:\July 25, 2022 Council Meeting\12.1 Q ‐ Upcoming Events.docx
Request for Action
July 25, 2022
Approved by: Tim W. Hoyt, Acting City Manager
Originating Department: City Manager
By: Tim W. Hoyt, Acting City Manager
Agenda Title
Exchange of communication between members of the city council
Upcoming meetings and events:
July 27 7 p.m. to 8:30 p.m. – Music in the Park, “Blue Ox Trio” at New Hope Performance
Center
July 28‐30 8 p.m. – OBMT presents “Joseph and the Amazing Technicolor Dreamcoat” at
New Hope Performance Center
July 29 11 a.m. to 2 p.m. – Food Truck Friday at New Hope City Hall
July 30 9 a.m. to 1 p.m. – New Hope Community Farmers Market
Aug. 1 4 p.m. – Blue Line Coalition Meeting
7 p.m. – Human Rights Commission Meeting
Aug. 2 National Night Out, New Hope’s Night to Unite
Aug. 3 8:30 a.m. – Business Networking Group Meeting at TBD
1:30 p.m. – Joint Water Commission Meeting at Golden Valley
No Planning Commission Meeting
Aug. 4‐6 8 p.m. – OBMT presents “Joseph and the Amazing Technicolor Dreamcoat” at
New Hope Performance Center
Aug. 5 11 a.m. to 2 p.m. – Food Truck Friday at New Hope City Hall
12:30 p.m. to 3 p.m. – Wet and Wild Water day at Valley Place Park, 6822 32nd Avenue
North, Crystal
Aug. 6 9 a.m. to 1 p.m. – New Hope Community Farmers Market
Aug. 8 7 p.m. – City Council Meeting
Agenda Section
Other Business
Item Number
12.1