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121222 City Council Meeting Packet NEW HOPE CITY COUNCIL MEETING AGENDA December 12, 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, December 12, 2022 7:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – December 12, 2022 2. ROLL CALL 3. APPROVAL OF MINUTES: • Canvass Board Minutes – November 14, 2022 • Regular Meeting Minutes – November 14, 2022 4. OPEN FORUM 5. PRESENTATIONS 5.1 Update by Chief Judge Barnette of the Fourth Judicial District of Minnesota which serves Hennepin County 6. CONSENT BUSINESS 6.1 Approval of business licenses 6.2 Approval of financial claims through December 12, 2022 6.4 Resolution approving re-appointments to Citizen Advisory Commission, Human Rights Commission, Personnel Board, Planning Commission and West Metro Fire-Rescue Board of Directors 6.5 Resolution approving final payment to Allied Blacktop Company for $41,964.20 for the 2022 Crack Repair and Seal Coat project (Improvement Project No. 1084) 6.6 Motion accepting donations from the Minneapolis Regional Chamber for the New Hope Crime Prevention Fund and the 2023 Safety Camp 6.7 Motion accepting additional Parks and Recreation donations for the Movie at the Golf Course, Trick or Trot event, and Movie at the Ice Arena 6.8 Resolution acknowledging notification of the New Hope Police Department’s participation and potential future request for controlled property through the Law Enforcement Support Program (LESO) 7. PUBLIC HEARING 7.1 Appearances by licensees regarding consequences for failing tobacco or liquor compliance checks 7.2 Consideration of liquor license renewals for year 2023 8. DEVELOPMENT AND PLANNING 8.1 Resolution authorizing the appropriation of funds in the amount of $190,554.67 for playground equipment, installation and site work at Liberty Park (Improvement Project No. 1094) 8.2 Resolution authorizing the appropriation of funds in the amount of $302,570 to install LED lights at Lighted Baseball Field (Improvement Project No. 1095) and the Meadow Lake pickleball courts (Improvement Project No. 1096) 9. PETITIONS AND REQUESTS 10. ORDINANCES AND RESOLUTIONS 10.1 Resolution approving the 2023 Final HRA Levy 10.2 Resolution adopting general, special revenue, debt service, enterprise, and internal service fund budgets for the city of New Hope for the year 2023 and establishing a tax levy for the year payable 2023 10.3 Resolution authorizing the city manager to implement 2023 Cost of Living (COLA) wage adjustments for non-union employees, pursuant to Council approval 10.4 Resolution adopting an updated Fee Schedule 10.5 Ordinance No. 22-13, An ordinance amending gas franchise ordinance in the New Hope City Code and Summary Ordinance for publication purposes 11. UNFINISHED AND ORGANIZATIONAL BUSINESS 11.1 Update regarding the creation of a statement to publicly share the city’s commitment to a diverse, equitable, and inclusive environment 12. OTHER BUSINESS 12.1 Exchange of communication between members of the city council 13. ADJOURNMENT Memorandum To: New Hope City Council From: Tim Hoyt, Acting City Manager Date: December 8, 2022 Subject: Agenda Items for December 12, 2022 Open Forum Staff is not aware of anyone desirous of addressing the Council for the open forum. Item 5.1 Chief Judge Barnette of the Fourth Judicial District which serves Hennepin County will provide an update of the court’s activities. Consent agenda – the consent agenda is utilized to approve routine or non-controversial items. These items may be approved by one blanket motion upon unanimous consent. Any council member may request that any item be withdrawn for separate consideration. Items 6.1, 6.2, and 6.3 Item 6.1 – this item approves renewal of business licenses for 2023 and one new therapeutic massage license. The appropriate applications have been received and fees paid. It should be noted that the business license renewals include tobacco licenses and six of the businesses failed recent compliance checks and will be appearing before Council during item 7.1. Item 6.2 – routine financial claims. Item 6.3 – there are no new liability claims to report. Item 6.4 This item approves member re-appointments to various city commissions. Approximately 25 people volunteer on city commissions. Most of the persons with terms expiring December 31 have expressed an interest in being re-appointed. Two people declined consideration for reappointment and the city clerk will mail them letters of appreciation. The City Council and staff appreciate the service of commissioners. Commission vacancies are being advertised, and Council may conduct applicant interviews in late January or early February. Item 6.5 This item approves the final payment to Allied Blacktop Company for $41,964.20 for the 2022 crack repair and seal coat project. The original contract with Allied Blacktop for sealcoating was $338,305.60 and with Fahrner Asphalt Sealers for mastic crack repair was $46,200 for a total of $384,505.60. The final project cost was $408,694.44 which is an overage of $24,188.84 due to more crack fill and mastic material being needed than originally estimated, a remobilization for additional traffic lane striping work, and repairs to a street for  Page 2 damage caused by a tree contractor (city was reimbursed by tree contractor). The project is funded by the street infrastructure fund. Director Weber and I recommend approval of the final payment. Item 6.6 This item accepts donations from the Minneapolis Regional Chamber for $269.35 to the New Hope Crime Prevention Fund and $538.70 to the 2023 Safety Camp. The proceeds were raised through sponsorship and registration fees from the annual Crystal/New Hope Business Council golf outing held this fall at the New Hope Village Golf Course. Staff is appreciative of the generous donations. Director Rader and I recommend approval. Item 6.7 Council is asked to accept donations totaling $1,171.53 for a movie at the golf course, movie at the ice arena, and the Trick or Trot event. The donations came from St. Therese of New Hope, New Hope Lions, West Metro VFW Post 7051, and Armstrong cooper Youth Hockey Association. Sponsors are recognized in promotional materials. Director Rader and I recommend acceptance of the donations. Item 6.8 Council is asked to adopt a resolution to acknowledge the New Hope Police Department’s participation in the Law Enforcement Support Program for acquisition of various equipment at no cost. The city has been a participant of the program since 2013. Due to new requirements for participating agencies, it is necessary to notify the governing body and community of the city’s intent to request property from federal sources. The information will be posted on the city’s website. Sergeant Teneyck and I recommend approval. Item 7.1 A hearing has been scheduled for businesses that failed tobacco and liquor compliance checks on October 17, 2022. The Police Department conducted 33 compliance checks and there were seven businesses that failed the checks. All are considered first violations. The fine for failing a tobacco compliance check for a first violation within 36 months is $300 plus a 3-day suspension. The fine for failing a liquor compliance check for a first violation within 24 months is $250 plus a 3-day suspension. Businesses may elect identification training in lieu of the suspension for a first. The city charges $100 for the identification training. Council should call upon a representative of the business to allow the licensees to admit or deny the allegation of the illegal sale. Following the hearing, the city clerk will mail a notice containing instructions on payment of the fine and options for identification training or a suspension period. A representative of the police department will be in attendance if Council has questions. Item 7.2 This is the annual public hearing to consider renewals of the liquor licenses for 2023. Licensees were made aware of the hearing but are not required to attend. A report from the police department describing police calls is attached; a representative of the police department will be in attendance to answer any questions. City Clerk Leone and I recommend approval of the 13 liquor license renewals and two 3.2 malt liquor renewals. Item 8.1 This item awards a contract with Landscape Structures for $95,837.68 and a contract with Flagship Recreation for $94,716.99 for playground equipment, installation, and site work at Liberty Park located at  Page 3 9015 60th Avenue North. Neighborhood input was sought on the new playground. The project includes refurbishment of some playground components, the purchase and installation of additional playground equipment, geotextile fabric, playground mats, poured in place material, engineered wood fiber and minor concrete work. The vendors are on the state’s cooperative purchasing program. The total project cost is $190,554.67 and there is $200,000 budgeted. Director Rader and I recommend approval. Item 8.2 This item approves a contract with Musco Lighting for $302,570 for installation of LED lighting at the Lighted Baseball Field and the Meadow Lake pickleball courts. The vendor is on the state’s cooperative purchasing program. Lighting improvements include re-using most of the light poles, new LED fixtures, electrical wiring from the fixtures to the panel boxes, a wireless control system with performance monitoring, electrical system upgrade and a 10-year warranty. Lighting upgrades are listed in the 2022 and 2023 CIP budgets. Funds are available in the park infrastructure fund. Director Rader and I recommend approval. Item 10.1 Adoption of the resolution affirms the Council’s support for the HRA levy in the amount of $437,850 (EDA Item 4). It is necessary to adopt the HRA levy separate from the city’s base levy. The EDA must also approve the levy. The levy was presented during the December 5 budget hearing. Abdo and I recommend approval. Item 10.2 Council is requested to approve the 2023 budget and tax levy. The budget public hearing was held December 5 at which time a powerpoint presentation was presented by the city manager and Erin Enstad from Abdo. Two residents attended the hearing to observe the presentation. The Council is asked to approve the 2023 tax-supported budgets of $28,742,201, non-tax supported budgets of $20,039,409, and city tax levy of $19,053,316 (which includes the HRA tax levy). The tax levy is a 4.51% increase over last year. Staff recommends adoption of the resolution to approve the 2023 budget and tax levy. Staff will certify the tax levy to Hennepin County, and the budget will be posted on the city’s website. I recommend approval. Item 10.3 This resolution approves a 3% wage increase for non-union employees effective January 2, 2023, including the city manager. This is the same increase included for the 2023 labor agreements and the city has historically treated all employees in a similar fashion. The budget also includes a 3% increase for the city council. The cost is reflected in the 2023 budget. The Council discussed this matter at the September 19 work session and supported the increase. Director Johnson and I recommend approval. Item 10.4 This resolution approves the updated Fee Schedule. The 2023 Fee Schedule includes increases to utilities, park and recreation program user fees, franchise fees, and business license fees. It includes an increase to the pawn shop license adds the fee for THC products as a result of ordinance 22-08 that was adopted on November 28, 2022. The new rates will be implemented in January. City Clerk Leone and I recommend approval.  Page 4 Item 10.5 Staff recommends adoption of ordinance 22-13 amending the gas franchise ordinance by renewing the agreement with CenterPoint Energy. The proposed ordinance amendment would renew the franchise agreement for 20 years. The agreement grants CenterPoint Energy a nonexclusive franchise to construct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ways and grounds in the city. CenterPoint Energy has worked in the right-of-way over 120 times in the past two years. I recommend approval. Item 11.1 Council is asked to adopt the city’s Equity Statement. The city’s director of human resources met with the Human Rights Commission on three occasions and has prepared the statement to publicly share the city’s commitment to a diverse, equitable, and inclusive environment. Staff discussed D, E, & I with the Council at the October 17 work session and Council supported adoption of an Equity Statement. Director Johnson and I recommend approval. Item 12.1 Mayor Hemken will review upcoming events. EDA Item 4 This resolution approves the 2023 HRA levy of $437,850 to support the scattered site housing program and other redevelopment efforts. This levy is adopted separate from the city’s tax levy. Abdo and I recommend adoption of the resolution. If you have any questions regarding items in the agenda packet, I would appreciate a call before the meeting so that I can research any issues and be prepared to respond at the meeting. CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 Approved City Council/ November 14, 2022 Canvassing Board Minutes City Hall, 6:45 p.m. CALL TO ORDER Pursuant to due call and notice thereof, the City Council of the City of New Hope met as the Canvassing Board on Monday, November 14, 2022, at 6:45 p.m. ROLL CALL Present: Hemken, Elder, Hoffe, Isenberg, London Staff Present: Vicki Thompson The official results summary of the City Council Election of November 8, 2022, with an average voter turnout of 65.56% was distributed. The total number of voters was 8,498 and the total voter registration count was 12,962 (including election day and absentee voter registration). The City Council reviewed the results of the city council election: Council Member (two seats) John A. Elder Jonathan D. London Michael J. Daly II Don Siler Write-ins 3,913 3,411 1,703 1,439 53 RESOLUTION 22-117 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION CERTIFYING RESULTS OF THE CITY COUNCIL ELECTION OF NOVEMBER 8, 2022.” The motion for the adoption of the foregoing resolution was seconded by Council Member London, 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 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 Canvassing Board. All voted in favor. The Canvassing Board adjourned at 6:50 p.m. Respectfully submitted, Valerie Leone City Clerk New Hope City Council November 14, 2022 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes November 14, 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 Susan Rader, Director of Parks & Recreation Jeff Sargent, Director of Community Development Vicki Thompson, Administrative Specialist Bernie Weber, Director of Public Works Stacy Woods, City Attorney APPROVAL OF MINUTES Motion was made by Council Member Hoffe, seconded by Council Member Elder, to approve the regular meeting minutes of October 24, 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 There was no one present desirous of addressing the council. PRESENTATION: 2022 MORRIS LEATHERMAN SURVEY Item 5.1 Mayor Hemken introduced for discussion Item 5.1, Presentation of 2022 city survey responses by Morris Leatherman Company. Mr. Peter Leatherman of The Morris Leatherman Company presented the 2022 city survey results of the community-wide survey that was conducted this summer involving 400 households. He stated the random samplings yield results projectable to the city’s population within five percent. He summarized the results and noted the highest percentages in the “serious issues” included growth, high taxes, rising crime, and redevelopment. Overall very positive responses were given for police, fire, building inspection, park maintenance, recreational programs, and street snowplowing. Ninety percent of the responses indicated the city is headed in the right direction. Mayor Hemken thanked Mr. Leatherman for the report. New Hope City Council November 14, 2022 Page 2 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. Tim Hoyt, acting city manager, reviewed the consent items. FINANCIAL CLAIMS Item 6.2 Approval of financial claims through November 14, 2022. RESOLUTION 2022-118 Item 6.4 Resolution approving revolving loan fund policy. MOTION Item 6.5 Motion approving appointment of Malloy, Montague, Karnowski and Radosevich (MMKR) to Perform 2022 City Audit. MOTION Consent Items Motion was made by Council Member Elder, seconded by Council Member Isenberg, to approve the Consent items. All present voted in favor. Motion carried. MINNESOTA INVESTMENT FUND PROGRAM APPLICATION FOR PADAGIS US LLC Item 7.1 Mayor Hemken introduced for discussion Item 7.1, Resolution supporting city’s application as a legal sponsor for Minnesota Investment Fund Program Application for Padagis US LLC. Mr. Jeff Alger, community development specialist, indicated the public hearing is to consider a request from Padagis for the city to serve as a legal sponsor for a Minnesota Investment Fund (MIF) program loan, up to the amount of $980,000, through the Minnesota Department of Employment and Economic Development for Padagis US LLC. He explained Padagis owns and operates a manufacturing site in New Hope at 3940 Quebec Avenue North. A revolving loan fund policy was approved as part of the consent agenda. If the MIF loan were to be approved, Padagis would receive an interest free repayable loan of up to $980,000 that would be used to add approximately $5,000,000 in new manufacturing machinery and equipment and 60 new employees at the New Hope site. Currently, Padagis is New Hope’s sixth largest employer, with approximately 315 employees. Wages for the 60 new jobs would range from $27 to $96 an hour plus full benefits for all team members. The $5,000,000 of investment in new machinery and equipment would increase the long-term viability of the New Hope plant due to modernized equipment and increased capacity that positions it well to serve growing market demand. MIF financing at 0% interest is considered an important factor in the company’s decision to expand at this location. The MIF loan program is intended to provide financing to help add new workers and retain high-quality jobs on a statewide basis. The focus is on industrial, manufacturing, and technology-related industries to increase the local and state tax base and improve economic vitality statewide. All projects must meet New Hope City Council November 14, 2022 Page 3 minimum criteria for private investment, number of jobs created or retained, and wages paid. At least 50% of total project costs must be privately financed through owner equity and other lending sources. It is required that a local municipality sponsor the MIF loan via resolution of support, and the local unit of government must hold a public hearing on the request. DEED does not provide money directly to businesses. DEED and the local government unit enter into an agreement that stipulates that the funds must be used to assist the specified business. The funds are then loaned to the business by the local unit of government. The loan would be repaid over ten years. The city has the option of keeping 40% of the repayments, up to $100,000, which could be administered to other businesses if the city follows the same project selection process and expenditure requirements that DEED utilizes when administering MIF loans. Mr. Alger explained that serving as a legal sponsor for the MIF loan does not require investing any funds for the loan, as the city serves as a pass-through entity and there is minimal risk to the city as the loan funds are provided by DEED. There are other expenses involved with the request, such as establishing a revolving loan fund policy, advertising for the public hearing, and utilizing the city’s legal and financial consultants to review the company’s financial records, the application, legal documents, and contract. City staff would also be responsible for completing a portion of the application, completing annual reports, and coordinating the request. Staff believes the expenses are a worthwhile investment as the city’s Comprehensive Plan supports the in-place expansion of existing businesses and bringing additional jobs to the area. Mr. Alger stated should the business not meet the conditions of the loan, the city would be responsible for attempting to recuperate any funds owed. If the business were to close or the city were unable to recuperate the funds, the city would not be required to pay DEED for any portion of the loan. Mr. Alger noted the City Council discussed the request from Padagis for the city to serve as a legal sponsor for a Minnesota Investment Fund (MIF) program loan, up to the amount of $980,000, through the Minnesota Department of Employment and Economic Development (DEED) at the October 17, 2022, work session and expressed support. Staff recommends that the City Council conduct the public hearing and approve a resolution supporting the city’s application as a legal sponsor for a MIF program loan, up to the amount of $980,000, through DEED for Padagis US LLC. He indicated representatives from Padagis and DEED are in attendance if Council has any questions. Ms. Deborah Sullivan, Vice President of Operations for Padagis US LLC, was recognized. She indicated the loan will provide reinvestment in the company to upgrade equipment and increase the number of jobs. New Hope City Council November 14, 2022 Page 4 Council Member London commented that Padagis focuses on generic prescriptions. He inquired whether the company will be exploring biosimilar prescriptions. Ms. Sullivan indicated the company intends to continue with the generic business and the growth will bring in opportunities available in-house. She stated the company does not plan to generate new research and development opportunities. There was no one present in the audience desirous of addressing the public hearing. Mayor Hemken thanked Padagis for remaining and investing in New Hope. CLOSE HEARING Item 7.1 Motion was made by Council Member Isenberg, seconded by Council Member Hoffe, to close the public hearing. All present voted in favor. Motion carried. RESOLUTION 2022-119 Item 7.1 Council Member Isenberg introduced the following resolution and moved its adoption: “RESOLUTION SUPPORTING CITY’S APPLICATION AS A LEGAL SPONSOR FOR MINNESOTA INVESTMENT FUND PROGRAM APPLICATION FOR PADAGIS US LLC.” 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. NEW HOPE ICE ARENA SOUTH RINK (IMPROVEMENT PROJECT NO. 1092) Item 8.1 Mayor Hemken introduced for discussion Item 8.1, Resolution authorizing the appropriation of funds in the amount of $1,065,001 to replace the floor, dasher boards and glass in the south rink at the New Hope Ice Arena (Improvement Project No. 1092). Ms. Susan Rader, director of parks and recreation, stated the Ice Arena is located at 4949 Louisiana Avenue North. The south rink was built in 1996 and the existing boards and glass were reset in 2016 due to failing anchors. The normal life expectancy of a hockey rink floor is 20-25 years, and a board/glass system is 20 years. The replacement project was initially identified several years ago. Ms. Rader described the need for replacement of the floor, dasher boards and glass in the south rink at the ice arena. She illustrated the existing conditions. She stated the base project will include replacement of the 86’x201’ concrete floor system including replacement of the piping, insulation, vapor barrier, and concrete. It will also include replacement of the existing dasher boards and glass, including the player, penalty, and timekeeper boxes. The new board system will be similar to the board system that currently exists, with 6-foot-tall glass around the entire rink. Ms. Rader explained several alternate bids were identified, and staff is recommending most of the alternates be included in the project. The alternates include painting of the concrete floor with white rink sealer and markings, removal of the existing dasher system and a trade-in value, the addition of a backer panel New Hope City Council November 14, 2022 Page 5 along the west side of the rink that is adjacent to the walkway, installation of a FlexPost shielding system, a powder coat on the support faceplates and the installation of 25 advertising panels. She stated All-American Arena Products is able to provide this replacement of the floor, dasher boards/glass and alternates through the Sourcewell Cooperative Purchasing Program (Contract #120320) for $1,065,001. All-American Arena Products and their sub-contractors have an excellent reputation and are well- known in the field of ice arena products. Staff have worked with the sub- contractors on numerous occasions with good results. She stated the project would start in mid-March and is expected to take approximately three months. Ms. Rader indicated the proposed project is included in the 2023 CIP for the Ice Arena Fund, and the project budget of $1,200,000 was shared with the Council during 2022 CIP planning and 2023 budget meetings. The funding source will be the Ice Arena Fund, however staff and Abdo recommend an interfund loan from the Temporary Financing Fund, which will be paid back over 15 years. She stated a resolution will be brought forward to the City Council at the conclusion of the project (in June or July of 2023). Ms. Rader stated she and Recreation Facilities Manager Mark Severson are available to answer any questions. Council Member London inquired of the terms of the interfund loan. Ms. Rader stated it will be a 15-year loan at zero percent interest similar to other recent inter- fund loans. RESOLUTION 2022-120 Item 8.1 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION AUTHORIZING THE APPROPRIATION OF FUNDS IN THE AMOUNT OF $1,065,001 TO REPLACE THE FLOOR, DASHER BOARDS AND GLASS IN THE SOUTH RINK AT THE NEW HOPE ICE ARENA (IMPROVEMENT PROJECT NO. 1092).” 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. REVOCATION OF RENTAL PROPERTY REGISTRATION PERMIT 3840 BOONE AVE N Item 10.1 Mayor Hemken introduced for discussion Item 10.1, Resolution establishing findings of fact and conclusions of law relating to revocation of rental property registration permit for Ashton Homes LLC and Sekou AM Dukuly for having a third instance of disorderly behavior at the property located at 3840 Boone Avenue North. Mr. Jeff Sargent, director of community development, explained a public hearing to consider revocation of the rental property registration was conducted on October 24, 2022. He stated following testimony it was determined that the property owner had violated section 3-31(i) of the city code by allowing tenants of the property to engage in three or more acts of disorderly behavior at the property within a 12-month period. Following the public hearing of October 24, 2022, staff New Hope City Council November 14, 2022 Page 6 was directed to prepare a resolution revoking the rental registration permit for Ashton Homes, LLC, as the owner of the property at 3840 Boone Avenue North and prohibiting the owner from re-applying for another rental registration permit for 3840 Boone Avenue North or any other property in the city for a period of three years. RESOLUTION 2022-121 Item 10.1 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION ESTABLISHING FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO REVOCATION OF RENTAL PROPERTY REGISTRATION PERMIT FOR ASHTON HOMES LLC AND SEKOU AM DUKULY FOR HAVING A THIRD INSTANCE OF DISORDERLY BEHAVIOR AT THE PROPERTY LOCATED AT 3840 BOONE AVENUE NORTH.” 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. PURCHASE OF EQUIPMENT Item 10.2 Mayor Hemken introduced for discussion Item 10.2, Resolution authorizing the purchase of equipment and appropriation of funds in the amount of $322,097.58 for the purchase of a 2023 Mack cab and chassis, dump body and snow removal equipment. Mr. Bernie Weber, director of public works, stated staff is recommending purchase of a 2023 Mack cab and chassis, dump body and snow removal equipment as proposed in the 2022 Capital Improvement Program (CIP). He stated the 2023 Mack dump truck would replace a 2013 International dump truck (vehicle #7) currently used by street department staff. This vehicle is used for primarily for snow/ice removal. Rather than selling the 2013 International dump truck, it is recommended the 2013 International be utilized by the New Hope Public Works and a 2006 Sterling dump truck (#20) Public Works currently uses be sent to auction. Mr. Weber stated the purchase would be made through the state’s cooperative purchasing venture (CPV). The total for purchase of the Mack cab and chassis is $135,732.00 plus sales tax of $8,822.58 for a total of $144,554.58. The dump body, ancillary equipment, set-up and installation costs are estimated at $177,543.00, bringing the total cost for the dump truck to $322,097.58. The current vehicle replacement fund has $311,178 dedicated for this vehicle replacement, leaving a shortfall of $10,919.58 which could be supplemented by the equipment replacement fund. Council Member Elder inquired of potential delays in delivery. Mr. Weber indicated the vehicle is scheduled to be delivered before the end of 2023. Council Member London inquired of the value of the trade-in. Mr. Weber stated recent auction prices have been high, and it is anticipated the 2006 vehicle will be sold in excess of $10,000. New Hope City Council November 14, 2022 Page 7 Mayor Hemken complimented the public works crew for efficiently handling street snowplowing after the recent snowfall. RESOLUTION 2022-122 Item 10.2 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT AND APPROPRIATION OF FUNDS IN THE AMOUNT OF $322,097.58 FOR THE PURCHASE OF A 2023 MACK CAB AND CHASSIS, DUMP BODY AND SNOW REMOVAL EQUIPMENT.” The motion for the adoption of the foregoing resolution was seconded by Council Member Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. 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. ADJOURNMENT Motion was made by Council Member Isenberg, seconded by Council Member Elder, to adjourn the meeting, as there was no further business to come before the Council. All present voted in favor. Motion carried. The New Hope City Council adjourned at 7:45 p.m. Respectfully submitted, Valerie Leone, City Clerk I:\RFA\City Manager\2022\Judge Barnette\5.1 Q - Presentation Judge Barnette.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: City Manager By: Valerie Leone, City Clerk-Treas. Agenda Title Update from Chief Judge Barnette of the Fourth Judicial District of Minnesota which serves Hennepin County Requested Action Staff is requesting that the City Council receive an update from Judge Barnette of the Fourth Judicial District. Policy/Past Practice In the past the City Council has received updates from elected and appointed officials from various governmental agencies. Background Judge Toddrick Barnette was appointed to the Fourth Judicial District in 2006, and his current term expires in January of 2027. The divisions within Hennepin County District Court include civil court, conciliation court, criminal and traffic court, family court, housing court, juvenile court and probate/mental health court. There are 63 judges who preside over civil, criminal and specialty courts in Hennepin County. Chief Judge Barnette will provide an update of the fourth district’s activities. Attachments • At a Glance • Judges serving Fourth District Agenda Section Presentations Item Number 5.1 To provide justice through a system that assures equal access for the fair and timely resolution of cases and controversies. Personnel: • 63 judges (number set by Legislature) • 12-14 referees (specialized judicial officers) • 564 staff (full-time-equivalent) Divisions: • Civil • Criminal • Family • Juvenile • Probate/Mental Health Locations: • 4 locations in downtown Minneapolis and two suburban courts with county libraries and service centers: Brookdale, Brooklyn Center; Ridgedale, Minnetonka Large Urban Court: • 22% of Minnesotans live in Hennepin County • In 2021, handled 33% of the state’s trial court case filings (315,252) • One of the largest urban counties in the nation Mission Fourth Judicial District: Hennepin County District Court At -A-Glance Juror stats in 2021: • 538 jury trials requested (461 criminal, 77 civil) • Pre-pandemic comparison: In 2019, there were 725 jury trials requested (633 criminal, 92 civil) • 35,184 citizens summoned Fourth Judicial District: Hennepin County District Court At -A-Glance Focus on Quality of Justice: Treatment Courts Model Specialized treatment courts include Criminal Mental Health Court, Drug Court, DWI Court, and Veterans Court • High-risk, high-need population with a treatable condition • Protects public safety and due process • Non-adversarial prosecutor/defense counsel • Intensive judicial/probationary supervision • More immediate/timely incentives and sanctions Challenges • Eviction case backlog following pandemic eviction moratorium • 4.2% increase in felony filings between 2015-2019 (five-year average) • Criminal backlog of felony and gross misdemeanor cases due to pandemic • Many criminal defendants suffer from drug or alcohol addiction or abuse, mental illness, or a physical disability. • Many litigants are self-represented. At least one party is without an attorney in most family and minor civil cases. • Interpreter requests for more than 100 languages provided annually (14,097 requests last year) Adoptions • 179 children adopted in Hennepin County last year Contact Us Todd Barnette, Chief Judge Toddrick.Barnette@courts.state.mn.us Sara Gonsalves, District Court Administrator Sara.Gonsalves@courts.state.mn.us Mike Valleau, Legislative Liaison Michael.Valleau@courts.state.mn.us Website: www.mncourts.gov/hennepin Fourth District Updates & Innovations • An efficient, electronic court: paperless court files, effective electronic workflows and queues, customer kiosks, and digital signage • Texting and emailing to defendants to remind them of court hearings: reduced failure to appear for hearings by 35% • Adult Detention Initiative: focusing on pretrial detention only for defendants who pose a public safety risk or risk of not reappearing • Pioneered a validated and locally normed Pretrial Scale that has been used for decades and is race and gender neutral. This tool allows judges to make objective release decisions. • Juvenile Detention Alternatives Initiative (JDAI): 59% decrease in daily population at Juvenile Detention Center; 37% decrease in out-of-home placements • Warrant Helpline: Adult defendants can get information about their warrant and possibly schedule a court hearing to take care of their case. 612-543-WRNT (9768) I:\RFA\City Manager\2022\6.1 Business Licenses\6.1 Q - Business License 2023 Renewals 121222\6.1 Q - Business License 2023 Renewals 121222.docx Request for Action December 12, 2022 Approved by: Tim W. Hoyt Originating Department: City Manager By: Valerie Leone, City Clerk-Treasurer Agenda Title Approval of business license(s) Requested Action In accordance with Chapter 8 of the New Hope Code, all applications for business licenses must be presented to the City Council for consideration. Staff recommends approval of all listed requests. Background All required paperwork and fees have been received for the businesses listed. There is one new massage license and renewals for 2023 business licenses. Greg Johnson Massage Therapy 4900 Hwy. 169 Suite 309 Therapeutic Massage Enterprise & Therapist Attachment • Memo from Det. Austin re: Massage Enterprise/Therapist Application, Greg Johnson Massage Therapy • List of 78 businesses currently requesting a 2023 license Agenda Section Consent Item Number 6.1 G:\City Manager\AGENDA\6.2 R‐Approval of Claims Merge Doc.docx Request for Action December 12, 2022 Approved by: Tim W. Hoyt, Acting City Manager Originating Department: City Manager By: Tim W. Hoyt, Acting City Manager Agenda Title Approval of claims through December 12, 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\City Manager\2022\q&r-reappts for 2023.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: City Manager By: Valerie Leone, City Clerk-Treasurer Agenda Title Resolution approving re-appointments to Citizen Advisory Commission, Human Rights Commission, Personnel Board, Planning Commission and West Metro Fire-Rescue District Board of Directors Requested Action Terms of several commission members will expire December 31, 2022. Staff recommends re-appointment of members who have expressed a desire to continue serving on various commissions. The City Council and staff appreciate the service of residents on city commissions. Policy/Past Practice City code outlines terms and reappointments for commission members. City code also provides for the appointment of Council to various boards/positions. Background Persons with terms expiring December 31 who would like to be considered for reappointment include: Citizen Advisory – Randall Herman, Jill Kaufman, Carrie Neuberger, Bill Wills Human Rights – Kendra Curry, Allison Isenberg, Mindy London Personnel Board – Wendy Brostrom, Eric Galstad Planning – Matt Mannix, Michael Redden West Metro Fire-Rescue District Board of Directors – John Elder (council rep), Gary Laurant (representative at large), Marc Berris (New Hope citizen member) Zachary Snabes is not seeking reappointment on the HRC. Jim Brinkman served 18 years on the Planning Commission and is not seeking reappointment. He will be honored at a future council meeting for his many years of service. Tony Brown is also stepping down from the Personnel Board. Commission vacancies will be advertised in the Sun Post and on the city’s website. Attachment • Resolution Agenda Section Consent Item Number 6.4 City of New Hope Resolution No. 2022- Resolution approving re-appointments to Citizen Advisory Commission, Human Rights Commission, Personnel Board, Planning Commission and West Metro Fire-Rescue District Board of Directors WHEREAS, City Commission members are appointed by the City Council in accordance with city code; and WHEREAS, the following persons have expressed a desire to be re-appointed: Citizen Advisory - for terms expiring December 31, 2024 Randall Herman, Jill Kaufman, Carrie Neuberger, Bill Wills Human Rights – for terms expiring December 31, 2024 Kendra Curry, Allison Isenberg, Mindy London Personnel Board - for term expiring December 31, 2024 Wendy Brostrom, Eric Galstad Planning- for term expiring December 31, 2025 Matt Mannix, Michael Redden West Metro Fire-Rescue Board of Directors - for term expiring December 31, 2024 Marc Berris, John Elder, Gary Laurant NOW, THEREFORE, BE IT RESOLVED that the fore-mentioned commissioners are re-appointed for subsequent terms on city commissions. Adopted by the City Council of the City of New Hope this 12th day of December, 2022. ______________________________ Mayor Attest: __________________________ City Clerk I:\RFA\PUBWORKS\2022\Council\1084 2022 Seal Coat and Fog Seal\Award Contract Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Title Resolution approving final payment to Allied Blacktop Company for $41,964.20 for the 2022 Crack Repair and Seal Coat project (Improvement Project No. 1084) Requested Action Staff recommends approval of a resolution to accept the 2022 Crack Repair and Seal Coat project (Improvement Project No. 1084) and authorize final payment to Allied Blacktop Company in the amount of $41,964.20. Policy/Past Practice To maximize the life of the city pavement, New Hope annually schedules crack repair, seal coating and fog sealing on selected city streets. This is an activity critical to the city’s current pavement management strategy. If delayed, maintenance costs increase and may also result in premature expenditures for pavement overlays or reconstruction. Background This project included crack repair with mastic, seal coat, and fog seal on Boone Avenue between 42nd Avenue and 49th Avenue, and crack repair with mastic between 49th Avenue and Bass Lake Road. In addition, streets in the Sunnyside and Begin Park neighborhoods had varying degrees of crack repair, seal coat, and fog seal. Two alternates were included in this project. Both alternates included crack repair, seal coat, and fog seal in the Holiday Park neighborhoods. Funding The CIP listed $458,622.77 for roadway crack repair, seal coat, and fog seal in 2022 funded by the street infrastructure fund. The original Engineer’s estimate for the entire seal coat project, including alternates, mastic repair, and indirect costs, was $580,148. Bids came in lower than expected and the original contract amount with Allied Blacktop Company was $338,305.60, and with Fahrner Asphalt Sealers was $46,200 for a total of $384,505.60. The final construction amount for the crack repair, seal coat, fog seal and mastic work is $408,694.44. This $24,188.84 overage is due to more crack fill and mastic material being needed than originally estimated, a remobilization for additional traffic lane striping work, and to cover the repair cost for damage that was done by a tree removal contractor on the newly fog sealed street. The tree contractor reimbursed the city for the damage, offsetting the cost of this repair. Attachments • Resolution • City Engineer’s Memo • Pay Request 4 - Final Agenda Section Consent Item Number 6.5 City of New Hope Resolution No. 22 Resolution approving final payment to Allied Blacktop Company for $41,964.20 for the 2022 Crack Repair and Seal Coat project (Improvement Project No. 1084) WHEREAS, the infrastructure improvement identified follow the pavement management strategy adopted by the Council; and WHEREAS, the city has entered into a contract with Allied Blacktop Company and Fahrner Asphalt Sealers for construction of the 2022 Crack Repair and Seal Coat project; and WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project no. 1084 and approve final payment to Allied Blacktop Company in the amount of $41,964.20; 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 Allied Blacktop Company. NOW, THEREFORE, BE IT RESOLVED, 1. That the City Council accepts the 2022 Crack Repair and Seal Coat project from Allied Blacktop Company and Fahrner Asphalt Sealers. 2. That the acting city manager is hereby directed to authorize the final payment to Allied Blacktop Company in the amount of $41,964.20 Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 12th day of December, 2022. Mayor Attest: City Clerk Stantec Consulting Services Inc. 733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309 December 5, 2022 File:193805566 Attention:Bernie Weber, Director of Public Works City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Bernie, Reference: Final Payment Request No. 4 & Final – 2022 Crack Repair and Seal Coat City Project No. 1084 Enclosed find Payment Request No. 4 & Final for the above referenced project. The contractor, Allied Blacktop Company, 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 $41,964.20 is made and the City of New Hope accepts the project. Prior to the seal coat work discussed above, there was also mastic crack repair along Boone Avenue North that was done by Fahrner Asphalt Sealers earlier this summer. The Final Construction Amount for Allied Blacktop Company and Fahrner Asphalt Services is $408,694.44, or $24,188.84 over the Original Contract Amount of $384,505.60 ($338,305.60 (Allied) +$46,200.00 (Fahrner)). The overrun was primarily due to a work order to repair seal coat damage done to 46th Avenue North by a third-party contractor removing a tree (cost of the repair was billed to the third-party contractor), more cracks requiring repair than estimated on the project streets, and more removal and repainting of striping than estimated. 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. 4 & Final c.Tim Hoyt, Valerie Leone, Dave Lemke, Andrew Kramer, Nick Macklem – New Hope; Stacy Woods – City Attorney; Ann Ackerson – Stantec. City of New Hope 4401 Xylon Ave N New Hope , MN 55428 Page 2 of 4 Client Project Number: 1084 Payment Number: 4 / FINAL Payment Summary No.Up To Date Work Certified Per Request Amount Retained Per Request Amount Paid Per Request 1 2022-08-12 $258,029.45 $12,901.47 $245,127.98 2 2022-08-31 $73,407.47 $3,670.38 $69,737.09 3 (Work Order)2022-09-08 $3,820.25 $0.00 $3,820.25 4 / FINAL 2022-11-15 $25,392.35 ($16,571.85)$41,964.20 Funding Category Name Work Certified to Date Less Amount Retained Less Previous Payments Amount Paid this Request Total Amount Paid to Date Street Fund $360,649.52 $0.00 $318,685.32 $41,964.20 $360,649.52 Funding Source Amount Paid this Request Total Amount Paid to Date Project Street Fund $41,964.20 $356,829.27 Work Order – 46th Repair; City to Be Reimbursed by Private Tree Removal Company $0.00 $3,820.25 Contract Item Status Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date Part 1 –General 1 2520.0010 0 MOBILIZATION LS $10,000.00 1 0.3545 $3,545.00 1.1045 $11,045.00 2 2563.601/ 00010 TRAFFIC CONTROL LS $20,000.00 1 0.25 $5,000.00 1 $20,000.00 Part 1 – General Totals:$8,545.00 $31,045.00 Part 2 –Streets and Parking Lot 3 2331.608/ 00020 CRACK SEAL (CLEAN AND SEAL), PARKING LOT LBS $6.00 110 0 $0.00 198 $1,188.00 4 2331.608/ 00020 CRACK SEAL (ROUTE AND SEAL) - STREETS LBS $4.75 2000 0 $0.00 5128 $24,358.00 5 2331.608/ 00020 CRACK SEAL (CLEAN AND SEAL) - STREETS LBS $4.25 2000 0 $0.00 787 $3,344.75 6 2356.506/ 00020 BITUMINOUS MATERIAL FOR SEAL COAT, CRS-2 GAL $2.00 16780 0 $0.00 16022 $32,044.00 7 2511.604/ 00023 SEAL COAT AGGREGATE, FA- 2 (MOD), TRAP ROCK SY $1.10 59190 0 $0.00 59190 $65,109.00 8 2355.504/ 00010 BITUMINOUS MATERIAL FOR FOG SEAL SY $0.65 59190 0 $0.00 59190 $38,473.50 9 2582.503/ 10104 4" SOLID LINE PAINT LF $0.45 8500 8803 $3,961.35 8803 $3,961.35 10 2582.503/ 10304 4" DOTTED LINE PAINT LF $0.60 100 77 $46.20 77 $46.20 11 2582.502/ 12404 4" DOUBLE SOLID LINE PAINT LF $0.85 2400 2406 $2,045.10 2406 $2,045.10 12 2582.503/ 10124 24" SOLID LINE PAINT LF $6.00 48 218 $1,308.00 218 $1,308.00 City of New Hope 4401 Xylon Ave N New Hope , MN 55428 Page 3 of 4 Client Project Number: 1084 Payment Number: 4 / FINAL Contract Item Status Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date 13 2582.503/ 10204 4" BROKEN LINE PAINT LF $0.45 230 210 $94.50 210 $94.50 14 2582.518/ 01000 PAVEMENT MESSAGE PAINT SF $5.60 819 899 $5,034.40 899 $5,034.40 15 2102.503/ 00011 REMOVE EXISTING ROADWAY STRIPING - PAINT LF $0.75 11230 0 $0.00 11871 $8,903.25 16 2102.518/ 00011 REMOVE EXISTING ROADWAY PAVEMENT MARKINGS - PAINT SF $3.40 915 142 $482.80 2029.49 $6,900.27 Part 2 – Streets and Parking Lot Totals:$12,972.35 $192,810.32 Part 3 –Olson Industrial Area 17 2355.504/ 00010 BITUMINOUS MATERIAL FOR FOG SEAL SY $0.65 6920 0 $0.00 6920 $4,498.00 18 2582.503/ 10124 24" SOLID LINE PAINT LF $6.00 30 0 $0.00 0 $0.00 Part 3 – Olson Industrial Area Totals:$0.00 $4,498.00 Alternate #1: Holiday Park North 19 2021.501/ 00010 MOBILIZATION LS $3,000.00 1 0.25 $750.00 1 $3,000.00 20 2563.601/ 00010 TRAFFIC CONTROL LS $5,000.00 1 0.25 $1,250.00 1 $5,000.00 21 2331.608/ 00020 CRACK SEAL (ROUTE AND SEAL) - STREETS LBS $4.75 660 0 $0.00 925 $4,393.75 22 2331.608/ 00020 CRACK SEAL (CLEAN AND SEAL) - STREETS LBS $4.25 660 0 $0.00 200 $850.00 23 2356.506/ 00020 BITUMINOUS MATERIAL FOR SEAL COAT, CRS-2 GAL $2.00 4470 0 $0.00 4315 $8,630.00 24 2511.604/ 00023 SEAL COAT AGGREGATE, FA- 2 (MOD), TRAP ROCK SY $1.10 15780 0 $0.00 15780 $17,358.00 25 2355.504/ 00010 BITUMINOUS MATERIAL FOR FOG SEAL SY $0.69 15780 0 $0.00 15780 $10,888.20 Alternate #1: Holiday Park North Totals:$2,000.00 $50,119.95 Alternate #2: Holiday Park South 26 2021.501/ 00010 MOBILIZATION LS $2,500.00 1 0.25 $625.00 1 $2,500.00 27 2563.601/ 00010 TRAFFIC CONTROL LS $5,000.00 1 0.25 $1,250.00 1 $5,000.00 28 2331.608/ 00020 CRACK SEAL (ROUTE AND SEAL) - STREETS LBS $4.75 855 0 $0.00 2600 $12,350.00 29 2331.608/ 00020 CRACK SEAL (CLEAN AND SEAL) - STREETS LBS $4.25 855 0 $0.00 495 $2,103.75 City of New Hope 4401 Xylon Ave N New Hope , MN 55428 Page 4 of 4 Client Project Number: 1084 Payment Number: 4 / FINAL Contract Item Status Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date 30 2356.506/ 00020 BITUMINOUS MATERIAL FOR SEAL COAT, CRS-2 GAL $2.00 7230 0 $0.00 6985 $13,970.00 31 2511.604/ 00023 SEAL COAT AGGREGATE, FA- 2 (MOD), TRAP ROCK SY $1.10 25490 0 $0.00 24247 $26,671.70 32 2355.504/ 00010 BITUMINOUS MATERIAL FOR FOG SEAL SY $0.65 25490 0 $0.00 24247 $15,760.55 Alternate #2: Holiday Park South Totals:$1,875.00 $78,356.00 Project Totals:$25,392.35 $356,829.27 Project Category Totals Category Amount This Request Amount To Date Part 1 -General $8,545.00 $31,045.00 Part 2 -Streets and Parking Lot $12,972.35 $192,810.32 Part 3 -Olson Industrial Area $0.00 $4,498.00 Alternate #1: Holiday Park North $2,000.00 $50,119.95 Alternate #2: Holiday Park South $1,875.00 $78,356.00 Work Order Items – Repair Area on 46th Ave. N. Description: Additional Work Completed by Allied to repair street at 7733 46th Avenue N. Damage was caused by a 3rd party contractor removing a tree from the backyard of the address. See Allied Invoice No. 8768 Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date 33 2021.501 MOBILIZATION LS 3,200.00 1 0 0.00 1 3,200.00 34 2356.506 BITUMINOUS MATERIAL FOR SEAL COAT, CRS-2 GAL 2.00 73 0 0.00 73 146.00 35 2511.604 SEAL COAT AGGREGATE, FA-2 (MOD), TRAP ROCK SY 1.10 271 0 0.00 271 298.10 36 2355.504 BITUMINOUS MATERIAL FOR FOG SEAL SY 0.65 271 0 0.00 271 176.15 Work Order Totals:$0.00 $3,820.25 Contract Total (Project + Work Order):$360,649.52 I:\RFA\P&R\MISC\2022\Mpls Regional Chamber\Donations from Minneapolis Regional Chamber.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: Parks & Recreation and Police By: Susan Rader, Director of Parks & Recreation Tim Hoyt, Director of Police Agenda Title Motion accepting donations from the Minneapolis Regional Chamber for the New Hope Crime Prevention Fund and the 2023 Safety Camp Requested Action Staff recommends that the City Council accept these donations from the Minneapolis Regional Chamber in the amount of $269.35 for the New Hope Crime Prevention Fund and $538.70 for the 2023 Safety Camp. These proceeds were raised through sponsorship and registration fees from the annual Crystal/New Hope Business Council golf outing held this fall at the New Hope Village Golf Course. Background The New Hope Crime Prevention Fund relies on donations for many programs that provide community outreach and support. The city departments of Parks and Recreation and Police, as well as West Metro Fire-Rescue District, together plan and sponsor the annual Safety Camp. This highly successful program is supported by many community donations. Staff extends our thanks to the Minneapolis Regional Chamber for these generous donations. Thank you letters will be sent. Agenda Section Consent Item Number 6.6 I:\RFA\P&R\MISC\2022\Additional Donations\Q - Addtional Parks and Recreation Donations.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: Parks & Recreation By: Susan Rader, Director Agenda Title Motion accepting additional Parks and Recreation donations for the Movie at the Golf Course, Trick or Trot event, and Movie at the Ice Arena Requested Action Staff recommends that the City Council accept these generous donations, totaling $1,171.53, for the Movie at the Golf Course, Trick or Trot, and Movie at the Ice Arena during the fall/winter of 2022. Background Typically staff holds movies at the Performance Center but since we own our own inflatable movie screen, sound and video system we can easily transport the equipment so staff has also held movies at other New Hope facilities. This Fall staff held its second ever Movie at the Golf Course on Saturday September 24 outside on the chipping green. This Winter staff will also hold its fourth Movie at the Ice Arena on December 27 on the ice of the north rink. The Trick or Trot event is in its fourth year, and this is third year of showing an outdoor movie afterwards. This event includes carnival games, face painting, pumpkin painting and staff invites various organizations to host a trick or station. The movies are free, but to help offset some of the costs, staff sent letters to several community organizations in regard to possible sponsorships to cover the movie license fees. Staff also sent letters to help cover costs for various prizes and pumpkins for the Trick or Trot event. Sponsors are recognized in promotional materials, at the event, and afterwards in any evaluation materials. Thank you letters have been sent. The list of donations for the 2022 Movie at the Golf Course includes: Organization Movie Title and Date Funds Received St. Therese of New Hope “Tin Cup”, 9/24/22 $300 The list of donations for the 2022 Trick or Trot event includes: Organization Movie/Supply Item and Date Funds Received New Hope Lions Pumpkins Donation, 10/8/22 $100 West Metro VFW Post 7051 “Hotel Transylvania 2”, and safety prizes, 10/8/22 $471.53 The list of donations for the 2022 Winter Break Movie at the Ice Arena includes: Organization Movie Title and Date Funds Received Armstrong Cooper Youth Hockey Association “Encanto”, 12/27/22 $300 Agenda Section Consent Item Number 6.7 Request for Action, Page 2 Attachment • 2022 Golf, BBQ and a Movie Flyer • 2022 Trick or Trot Flyer • 2022 Open Skate and a Movie Flyer $25 per person (includes golf, dinner and drink ticket); movie is free Trick or Trot Civic Center Park 4401 Xylon Ave N Saturday, October 8 4:30-6:30 pm Get into the Halloween spirit by participating in our Trick or Trot event! Youth ages 3-12 can participate in a spooky (not scary) evening of trick or treating along the lighted trail . Register online at webtrac.nhrecexpress.gov DJ Music Face Painting Costume Contest Games Pumpkin Painting Hot Beverages BONUS Free outdoormovie showingbegins at 6:45 pm.HotelTransylvania 2 Thanks to West Metro VFW Post #7051 for sponsoring the movie Skate and a Movie Tuesday, December 27 Families, come for Open Skating and stay for a movie! Rental skates available. Concessions will be sold. Movie sponsored by Armstrong Cooper Youth Hockey Association. Open Skating: 10:30-11:45 a.m. ($5 per person) Movie: 12 p.m. (FREE admission!) “Encanto” (rated PG) will be shown on a jumbo screen. Dress warm and bring a blanket to sit on. New Hope Ice Arena 4949 Louisiana Ave N I:\RFA\POLICE\2022\Council Meetings\LESO\LESO RFA and Resolution.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: Police By: Mike Teneyck, Patrol Sergeant Agenda Title Resolution acknowledging notification of the New Hope Police Department’s participation and potential future requests for controlled property through the Law Enforcement Support Program (LESO) Requested Action Staff is recommending that Council approve a resolution acknowledging the New Hope Police Department’s participation in the Law Enforcement Support Program (LESO). Policy/Past Practice The Police Department has participated in the LESO program since 2013 and has received over 100 equipment items through the program. Examples of the items currently in possession by the New Hope Police Department are as follows: department issued firearms, weapon sights, night vision equipment, a tactical robot, and the New Hope Police Department Tactical Rescue Vehicle (MRAP). The estimated value of controlled property currently in use through the LESO program is $887,731. Background The LESO Program is a Federal Program through the Defense Logistics Agency (DLA). Participating Law Enforcement agencies request available equipment through a state coordinator, which in Minnesota is a function of the Homeland Security and Emergency Management (HSEM). Equipment transferred to participating law enforcement agencies is at no cost. On May 25, 2022 new requirements for participating agencies were described in Presidential Executive Order (EO) 14074 (Section 12). This generated a new State Plan of Operation (SPO) implementing those requirements. Included in the SPO is a requirement to: 1) Notify their Civilian Governing Body (CGB) (i.e., City Council, County Government or other local governing body) of its intent to request property from Federal sources (to include Federal funds or grants). 2) Notify the Local Community of its request for property transfers, purchases from Federal funds, agencies or subcontractors (including existing transfer contracts or grants). Attachments • Resolution • Written notification and comprehensive list Agenda Section Consent Item Number 6.8 City of New Hope Resolution No. 2022- Resolution acknowledging notification of the New Hope Police Department’s participation and potential future requests for controlled property through the Law Enforcement Support Program (LESO) WHEREAS, the Law Enforcement Support Program (LESO) is a Federal Program through the Defense Logistics Agency (DLA); and WHEREAS, participating law enforcement agencies request available equipment through a state coordinator, which in Minnesota is a function of the Homeland Security and Emergency Management (HSEM); and WHEREAS, equipment is transferred to participating law enforcement agencies at no cost; and WHEREAS, on May 25, 2022, new requirements for participating agencies were described in Presidential Executive Order 14074 (Section 12) which generated a new State Plan of Operation (SPO) and the New Hope Police Department, as a participant, is required to notify the City Council of its intent to request property from federal sources (including federal funds or grants) and to notify the local community of its request for property transfers, purchases from federal funds, agencies or subcontractors (including existing transfer contracts or grants). NOW, THEREFORE, BE IT RESOLVED that the New Hope City Council acknowledges notification of the New Hope Police Department’s participation and potential future requests for controlled property through the Law Enforcement Support Program (LESO) and approves posting of said information on the city’s website for local community notification purposes. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 12th day of December, 2022. ________________________________ Mayor Attest: _________________________________ City Clerk December 19, 2022 SUBJECT: Notification to Civilian Governing Body and Local Community On May 25, 2022, Presidential Executive Order (EO) 14074 “Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety” was signed. In accordance with EO 14074 (Section 12), State, Tribal, local, and Territorial Law Enforcement agencies (LEAs) must: 1) Notify their Civilian Governing Body (CGB) (i.e., City Council, County Government or other local governing body) of its intent to request property from Federal sources (to include Federal funds or grants. 2) Notify the Local Community of its request for property transfers, purchases from Federal funds, agencies or subcontractors (including existing transfer contracts or grants). The New Hope Police Department may request the below controlled property items from the Law Enforcement Support Office (LESO) or other Federal source: Pursuant to EO 14074 (Section 12), this memo fulfills the requirement to notify the Civilian Governing Body (CGB) and Local Community of the New Hope Police Department’s intent to request the controlled property items identified in the list above. Tim W. Hoyt Chief of Police/Acting City Manager New Hope Police Department Controlled Property Description Controlled Property Description Controlled Property Description This list is for example only, additional types of items may be available. AIRCRAFT ACCESSORIES, COMPONENTS, MISC FACEMASK RANGE FINDER, LASER AIRCRAFT REPAIR PARTS/COMPONENTS FLASHLIGHTS RANGE FINDER-TARGET DESIGNATOR, LASER AIRCRAFT, FIXED WING FLOODLIGHT RED DOT SIGHT AIRCRAFT, ROTORY WING FORWARD LOOKING INFRARED IMAGING SYSTEM RIFLESCOPE ALL TERRAIN VEHICLE (ATV) GENERATOR SET SCANNER, X-RAY, BAGGAGE AMMUNITION CONTAINER GLOBAL POSITIONING SATELLITE (GPS) SEARCHLIGHT AMPLIFIER HEAVY EQUIPMENT/VEHICLES SHIELD, BALLISTIC ANALYZER, HAZARDOUS MATERIAL IDENTIFICATION INSULATION BLANKET SHIPPING CONTAINER ANTENNA LANDING SEARCHLIGHT SIGHT, BORE, OPTICAL ARMORED VEHICLE LIFE PRESERVER, VEST SIGHT, HOLOGRAPHIC BALLISTIC BLANKET MAGNIFIER SIGHT, INFINITY BARRIER, VEHICLE ARRESTING, PORTABLE MARKER, IDENTIFICATION SIGHT, REFLEX BINOCULAR MARKSMANSHIP TRAINER SMALL ARMS STORAGE RACKS BLANKETS MEDICAL/FIRST AID SUPPLIES SPOTTING INSTRUMENT, OPTICAL BREATHING APPARATUS MISC SMALL ARMS PARTS TARGET, TRAINING, MOBILE CAMERA SYSTEM MISCELLANEOUS COMMUNICATION EQUIPMENT TELESCOPE COMPASS MULTIMEDIA PROJECTION SET TENTS/PORTABLE SHELTERS COMPUTER SYSTEM NAVIGATION SET, SATELLITE SIGNALS THERMAL CAMERA CONTAINER, AMMUNITION NIGHT VISION DEVICE THERMAL CAMERA ACCESSORIES CONTAINER, K-9 TRANSPORT NIGHT VISION GOGGLE TRAINING AID/SIMULATORS CONVERSION KIT, RIFLE NON-ARMORED HMMWV TRAINING AIDES/DEVICES COVERALLS OFFICE EQUIPMENT TRANSLATION DEVICE DECONTAMINATION DEVICES OFFICE SUPPLIES TRUCK, CARGO DECONTAMINATION SYSTEM PORTABLE RADIO TRUCK, TANK DEEP WATER FORDING KIT PREFAB & PORTABLE BUILDINGS VEHICLE REPAIR PARTS/COMPONENTS DETECTOR, GAS PROTECTIVE EYEWEAR WARM WEATHER CLOTHING/SHOES DIVER'S SUIT PUBLIC ADDRESS SET SMALL ARMS PARTS/ACCESSORIES EXPLOSIVE ORDINANCE DISPOSAL ROBOT RADIOS SMALL ARMS I:\RFA\City Manager\2022\compl ck failures 12.12.22\7.1 Q - tob and liq failures 12.12.22.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: City Manager By: Valerie Leone, City Clerk-Treas. Agenda Title Appearance by licensees regarding consequences for failing tobacco or liquor compliance checks Requested Action Staff requests that Council take action as required under City Code regarding penalties for failing a license compliance check. Background A total of 33 tobacco and liquor compliance checks were conducted on October 17, 2022, by the Police Department. There were seven businesses that failed the checks. In accordance with city code, the businesses that failed have been invited to the Council Meeting regarding the alleged violation. The licensee must admit or deny the allegation. All of the alleged violations are considered first violations relative to the fine schedule. The Council should call upon each business to address the Council. If a licensee does not attend the meeting, it is considered an admission of the allegation. A representative from the police department will be in attendance if any questions arise. Business Address Violation Speedway 9400 36th Ave N Tobacco – first Family Dollar 8001 Bass Lake Rd Tobacco - first LaPicante Market 7914 Bass Lake Rd Tobacco – first Holiday 7201 Bass Lake Rd Tobacco – first Cinema Grill 2749 Winnetka Ave N Liquor – first New Hope Liquor 8001 Bass Lake Rd Tobacco – first; and Liquor – first Winnetka Liquor 3544 Winnetka Ave N Tobacco – first; and Liquor – first The fine for failing a tobacco compliance check for a first violation within 36 months is $300 plus a 3-day suspension (may elect training in lieu of suspension). The fine for failing a liquor compliance check for a first violation within 24 months is $250 plus a 3-day suspension (may elect training in lieu of suspension). The city charges $100 for the identification training. Following the hearing, the city clerk will mail the businesses a notice containing instructions on payment of the fine and the option for identification training in lieu of the license suspension period. Attachments • Notices of Initial Appearance and Incident Reports • City Code 8-7 and 10-23 Agenda Section Public Hearing Item Number 7.1 exj,c1,3 Civil Sanctions Relating to NOTICE OF License to Sell Tobacco INITIAL APPEARANCE (first violation within 36 months) TO: Dave&Ron's Inc. Speedway 9400 36th Avenue North New Hope, MN 55427 An authorized officer or employee of this business is hereby ordered to appear before the New Hope City Council on Monday,December 12,2022,at 7:00 p.m. at the New Hope City Council Chambers located at 4401 Xylon Avenue North, New Hope,Minnesota. This is a required appearance.The purpose is to consider allegations that on October 17,2022,an illegal sale of tobacco products to a minor was conducted at the establishment. The purchase was made as part of an unannounced New Hope Police Department Compliance check required by Minnesota State Statute. The alleged sale, if true, is a violation of Minn. Stat. Chap. 461 and 609 and New Hope Code Chapter 8. At the appearance you will be required to admit or deny the allegation. If you admit the allegation,sanctions will be imposed against you per New Hope Code §8-7(j)(2). If the allegation is true,it is a first violation at this establishment within 36 months.The sanctions for a first violation in 36 months are set out in New Hope Code §8-7 with a fine of$300 and a 3-day license suspension (on a first violation the licensee may elect training in proper identification procedures for all employees in lieu of the 3-day license suspension;expenses of$100 for the training shall be borne by the licensee). If you fail to appear at the December 12 Initial Appearance, you will be deemed to have admitted the violation and to have waived your right to a hearing. The City Council will then impose sanctions as provided in New Hope Code §8-7. A copy of the New Hope Code§8-7 regarding the hearing procedure and sanctions is attached to this Notice. Dated: November 22, 2022. CITY OF NEW HOPE Valerie Leone, City Clerk 763-531-5117—direct vleone@newhopemn.gov CITY OF NEW HOPE 4401 Xylon Avenue North•New Hope,Minnesota 55428-4898•www. ci.new-hope.ann.us City Hall: 763-531-5100•Police(non-emergency): 763-531-5170 •Public Works: 763-592-6777 City Hall Fax:763-531-5136 •Police Fax:763-531-5174•Public Works Fax: 763-592-6776 PRICE (1m NEW HOPE POLICE DEPARTMENT "oma INCIDENT REPORT ICR#22018481 AGENCY ORI#MN0271400 JUVENILE: Reported: 10-17-2022 1256 First Assigned:1256 First Arrived:1256 Last Cleared:1256 Committed Start: 10-17-2022 1256 Committed End: Title: Compliance Check Tobacco Summary: Officer conducting annual compliance checks for tobacco and alcohol at local establishments. Location(s) Address: 9400 36TH AVE N City: New Hope State: MN Zip: 55427 Country: US Officer Assigned: Stanley, Pete Badge No: 59 Primary: Yes Involvement: Subject Name: Brown,Alijasha Denise DOB: 02-16-2000 Age: 22 Sex: F Race: Height: 503 Weight: 150 Address: (Residence)3305 Highway 169 N Apt 211 City: PLYMOUTH State: MN Zip: 55441-1351 Country: Phone: (Cell) (501)408-1144 ID Number(s) ID Type: Drivers License ID#: G727029913116 State: Year: Class: Involvement: Owner Name: Olson, Ronald Leroy DOB: 10-11-1986 Age: 36 Sex: Race: Height: 510 Weight: 125 Address: (Residence) 13705 58Th Ave N City: PLYMOUTH State: MN Zip: 55446-3547 Country: Phone: (Business) (763)639-4282 ID Number(s) ID Type: Drivers License ID#: W803294895711 State: Year: Class: Offense: (609.685.1 a(a))Sale of Tobacco/Tobacco Related Device to Chi #: 1 Level: Petty Misdemeanor Status: COURT/PENDING Statute: 609.685.1a(a) Description: Sale of Tobacco/Tobacc Offender Last Name: Brown First: Alijasha Middle: Denise DOB: 02-16-2000 Type: City Attorney Disposition: Charged Name: Brown ,Alijasha Denise 02-16-2000 Supplemental Report ICR: 22018481 Last Modified: 10-21-2022 1018 Title: 59 Stanley Created By: Pete Stanley On 10/17/22 at 1251 hours, I conducted a Tobacco compliance check at 9400 36th Ave (Super America). Per the city ordinance 10-23, the police Compliance monitoring. The police department shall conduct unannounced compliance checks at least once each calendar year at each licensed location where alcoholic beverages, both "on-sale" and "off-sale" are sold within the city. Per the city ordinance 8-7, the police department shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco products are sold within the city. To conduct the compliance check I use the assistance of a decay that is under the age of 21 years, but no less than 18 years old. I verify the decoy's identity to ensure the decoy's true age. I inspect the decoys Minnesota picture identification. The decoy is instructed by me to enter the business and attempt to purchase an alcoholic beverage. The decoy is instructed not to use any trickery. If asked, the decoy is instructed to inform the clerk of his or her true age and to produce their state issued identification. I provided the decoy with 20.00 dollars. I photocopied the 20.00-dollar bill. I drove them in an unmarked New Hope Squad car to the parking lot of 9400 36th Ave. I parked directly in front of the store at a gas pump. The decoy then went into the store to attempt to purchase tobacco. The decoy went inside and came back out a few minutes later with a pack of cigarettes. I went into the store and the decoy pointed out the clerk who had sold to them. I recognized the clerk from a previous tobacco compliance check. The clerk had failed that check as well but was not cited as it was a educational check. I identified myself as a New Hope Police officer advising the clerk that he had just sold to an underage person. The clerk remembered me from last time. I identified the clerk as Brown, Alijasha Denise 02/16/2000. They told me that they had scanned the id several times and seemed to indicate that it was the scanners'fault. I reminded the clerk that the scanner was only one part of the process of identifying a person. I pointed out several key features on the ID card which showed the person to be under 21. The first is the red writing stating under 21 and that the under 21 licenses in Minnesota are often vertical instead of horizontal. I took a photo of the cigarettes and got a refund of the money, reclaiming the photocopied 20.00-dollar bill which was in the till. I told Brown that they need to check all person's identification and verify the age, not just look at a ID. I advised that I would be doing a report for this violation and forward this report to the city attorney for consideration of charges. I spoke with the owner and several other employees about proper identification. Civil Sanctions Relating to NOTICE OF License to Sell Tobacco INITIAL APPEARANCE (first violation within 36 months) TO: Family Dollar Inc. cc to corporate office(Chesapeake,VA) Family Dollar#27676/29306 8001 Bass Lake Road New Hope,MN 55428 An authorized officer or employee of this business is hereby ordered to appear before the New Hope City Council on Monday,December 12,2022,at 7:00 p.m. at the New Hope City Council Chambers located at 4401 Xylon Avenue North,New Hope, Minnesota. This is a required appearance.The purpose is to consider allegations that on October 17,2022%an illegal sale of tobacco products to a minor was conducted at the establishment. The purchase was made as part of an unannounced New Hope Police Department Compliance check required by Minnesota State Statute. The alleged sale, if true, is a violation of Minn. Stat. Chap. 461 and 609 and New Hope Code Chapter 8. At the appearance you will be required to admit or deny the allegation. If you admit the allegation,sanctions will be imposed against you per New Hope Code §8-7(j)(2). If the allegation is true, it is a first violation at this establishment within 36 months.The sanctions for a first violation in 36 months are set out in New Hope Code §8-7 with a fine of$300 and a 3-day license suspension (on a first violation the licensee may elect training in proper identification procedures for all employees in lieu of the 3-day license suspension;expenses of$100 for the training shall be borne by the licensee). If you fail to appear at the December 12 Initial Appearance, you will be deemed to have admitted the violation and to have waived your right to a hearing. The City Council will then impose sanctions as provided in New Hope Code §8-7. A copy of the New Hope Code§8-7 regarding the hearing procedure and sanctions is attached to this Notice. Dated: November 22, 2022. CITY OF NEW HOPE Valerie Leone, City Clerk 763-531-5117—direct vleone@newhopemn.gov CITY OF NEW HOPE 4401 Xylon Avenue North•New Hope, Minnesota 55428-4898•www. ci.new-hope.mn.us City Hall: 763-531-5100•Police (non-emergency): 763-531-5170•Public Works: 763-592-6777 City Hall Fax: 763-531-5136•Police Fax: 763-531-5174• Public Works Fax: 763-592-6776 ruinitiibp tap �LI�� T n y NEW HOPE POLICE DEPARTMENT r jINCIDENT REPORT z ICR#22018490 AGENCY ORI#MN0271400 JUVENILE: Reported: 10-17-2022 1441 First Assigned:1441 First Arrived:1441 Last Cleared:1441 Committed Start: 10-17-2022 1441 Committed End: Title: Compliance Check Tobacco Summary: Officer conducting annual compliance checks for tobacco and alcohol at local establishments. Location(s) Family Dollar 41 2#2X Address: 8001 BASS LAKE RD 2X City: New Hope State: MN Zip: 55428 Country: US Officer Assigned: Stanley, Pete Badge No: 59 Primary: Yes Involvement: Mentioned Name: Ford,Adrienne Ann DOB: 06-29-1975 Age: 47 Sex: F Race: Height: 505 Weight: 194 Address: (Residence) 11298 72Nd Ave N City: MAPLE GROVE State: MN Zip: 55369-7654 Country: Phone: (Cell) (612)998-9838 ID Number(s) ID Type: Drivers License ID#: N494147043217 State: Year: Class: Offense: (609.685.1 a(a)) Sale of Tobacco/Tobacco Related Device to Chi #: 1 Level: Misdemeanor Status: COURT/PENDING Statute: 609.685.1a(a) Description: Sale of Tobacco/Tobacco Rel Offender Last Name: Ford First: Adrienne Middle: Ann DOB: 06-29-1975 Type: City Attorney Disposition: Charged Name: Ford ,Adrienne Ann 06-29-1975 Supplemental Report ICR: 22018490 Last Modified: 10-26-2022 0720 Title: 59 Stanley Created By: Pete Stanley On 10/17/22 at 1438 hours, I conducted a Tobacco compliance check at 8001 Bass Lake Road (Family Dollar). Per the city ordinance 10-23, the police Compliance monitoring. The police department shall conduct unannounced compliance checks at least once each calendar year at each licensed location where alcoholic beverages, both "on-sale" and "off-sale" are sold within the city. Per the city ordinance 8-7, the police department shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco products are sold within the city. To conduct the compliance check I use the assistance of a decoy that is under the age of 21 years, but no less than 18 years old. I verify the decoy's identity to ensure the decoy's true age. I inspect the decoys Minnesota picture identification. The decoy is instructed by me to enter the business and attempt to purchase an alcoholic beverage. The decoy is instructed not to use any trickery. If asked, the decoy is instructed to inform the clerk of his or her true age and to produce their state issued identification. I provided the decoy with 20.00 dollars. I photocopied the 20.00-dollar bill. I drove them in an unmarked New Hope Squad car to the parking lot of 8001 Bass Lake Road. The decoy then went into the store to attempt to purchase tobacco. I followed them inside several minutes later. I observed the store clerk sell tobacco to the underage decoy. I identified myself as a New Hope Police officer advising the clerk that he had just sold to an underage person. I identified the clerk as Ford, Adrienne Ann 06/29/1975. I took a photo of the cigarettes and got a refund of the money, reclaiming the photocopied 20.00-dollar bill which was in the till. I told Ford that they need to check all person's identification and verify the age, not just look at a ID. I advised that I would be doing a report for this violation and forward this report to the city attorney for consideration of charges. Ford was very disrespectful and angry during the interaction. She had no interest any education on how to properly identify. I advised that I would be doing a report and forwarding this to our city attorney. Civil Sanctions Relating to NOTICE OF License to Sell Tobacco INITIAL APPEARANCE (first violation within 36 months) TO: M and M Grocery Corp. dba LaPicante Market 7914 Bass Lake Road New Hope, MN 55428 An authorized officer or employee of this business is hereby ordered to appear before the New Hope City Council on Monday,December 12, 2022, at 7:00 p.m. at the New Hope City Council Chambers located at 4401 Xylon Avenue North,New Hope, Minnesota. This is a required appearance.The purpose is to consider allegations that on October 17,2022,an illegal sale of tobacco products to a minor was conducted at the establishment. The purchase was made as part of an unannounced New Hope Police Department Compliance check required by Minnesota State Statute. The alleged sale, if true, is a violation of Minn. Stat. Chap. 461 and 609 and New Hope Code Chapter 8. At the appearance you will be required to admit or deny the allegation. If you admit the allegation,sanctions will be imposed against you per New Hope Code §8-7(j)(2). If the allegation is true, it is a first violation at this establishment within 36 months.The sanctions for a first violation in 36 months are set out in New Hope Code §8-7 with a fine of$300 and a 3-day license suspension (on a first violation the licensee may elect training in proper identification procedures for all employees in lieu of the 3-day license suspension;expenses of$100 for the training shall be borne by the licensee). If you fail to appear at the December 12 Initial Appearance, you will be deemed to have admitted the violation and to have waived your right to a hearing. The City Council will then impose sanctions as provided in New Hope Code §8-7. A copy of the New Hope Code§8-7 regarding the hearing procedure and sanctions is attached to this Notice. Dated: November 22, 2022. CITY OF NEW HOPE Valerie Leone, City Clerk 763-531-5117 —direct vleone@newhopemn.gov CITY OF NEW HOPE 4401 Xylon Avenue North•New Hope, Minnesota 55428-4898•www. ci.new-hope.mn.us City Hall: 763-531-5100•Police (non-emergency): 763-531-5170•Public Works: 763-592-6777 City Hall Fax: 763-531-5136• Police Fax: 763-531-5174•Public Works Fax: 763-592-6776 Ljfci1441L POLIc 1.; NEW HOPE POLICE DEPARTMENT i INCIDENT REPORT ICR#22018495 AGENCY ORI# MN0271400 JUVENILE: Reported: 10-17-2022 1502 First Assigned:1502 First Arrived:1502 Last Cleared:1502 Committed Start: 10-17-2022 1502 Committed End: Title: Compliance Check Tobacco Summary: Officer conducting annual compliance checks for tobacco and alcohol at local establishments. Location(s) Address: 7914 BASS LAKE RD City: New Hope State: MN Zip: 55428 Country: US Officer Assigned: Stanley, Pete Badge No: 59 Primary: Yes Involvement: Subject Name: Orenge, Collins Angweny DOB: 07-15-1986 Age: 36 Sex: M Race: Height: 507 Weight: 150 Address: (Residence) 3401 47Th Ave N Apt 9 City: BROOKLYN CTR State: MN Zip: 55422 Country: Phone: (Home) (612)702-4462 ID Number(s) ID Type: Drivers License ID#: C653075090514 State: Year: Class: Offense: (609.685.1 a(a))Sale of Tobacco/Tobacco Related Device to Chi #: 1 Level: Petty Misdemeanor Status: COURT/PENDING Statute: 609.685.1a(a) Description: Sale of Tobacco/Tobacc. Offender Last Name: Orenge First: Collins Middle: Angweny DOB: 07-15-1986 Type: City Attorney Disposition: Charged Name: Orenge , Collins Angweny 07-15-1986 Supplemental Report ICR: 22018495 Last Modified: 10-21-2022 1428 Title: 59 Stanley Created By: Pete Stanley On 10/17/22 at 1458 hours, I conducted a Tobacco compliance check at 7914 Bass Lake Road (Lapincante • Market) Per the city ordinance 10-23, the police Compliance monitoring. The police department shall conduct unannounced compliance checks at least once each calendar year at each licensed location where alcoholic beverages, both "on-sale" and "off-sale" are sold within the city. Per the city ordinance 8-7, the police department shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco products are sold within the city. To conduct the compliance check I use the assistance of a decoy that is under the age of 21 years, but no less than 18 years old. I verify the decoy's identity to ensure the decoy's true age. I inspect the decoys Minnesota picture identification. The decoy is instructed by me to enter the business and attempt to purchase an alcoholic beverage. The decoy is instructed not to use any trickery. If asked, the decoy is instructed to inform the clerk of his or her true age and to produce their state issued identification. I provided the decoy with 20.00 dollars. I photocopied the 20.00-dollar bill. I drove them in an unmarked New Hope Squad car to the parking lot of 7914 Bass Lake Road. The decoy then went into the store to attempt to purchase tobacco. I followed them inside several minutes later. I observed the store clerk sell tobacco to the underage decoy. I identified myself as a New Hope Police officer advising the clerk that he had just sold to an underage person. I identified the clerk as Collins Angweny Orenge 07-15-86. I took a photo of the cigarettes and got a refund of the money, reclaiming the photocopied 20.00-dollar bill which was in the till. I told Orenge that they need to check all person's identification and verify the age, not just look at a ID. I advised that I would be doing a report for this violation and forward this report to the city attorney for consideration of charges. Civil Sanctions Relating to NOTICE OF License to Sell Tobacco INITIAL APPEARANCE (first violation within 36 months) TO: Mr. Chris Robbins Holiday 3829 7201 Bass Lake Road New Hope, MN 55428 An authorized officer or employee of this business is hereby ordered to appear before the New Hope City Council on Monday, December 12,2022,at 7:00 p.m. at the New Hope City Council Chambers located at 4401 Xylon Avenue North,New Hope, Minnesota. This is a required appearance.The purpose is to consider allegations that on October 17,2022,an illegal sale of tobacco products to a minor was conducted at the establishment. The purchase was made as part of an unannounced New Hope Police Department Compliance check required by Minnesota State Statute. The alleged sale, if true, is a violation of Minn. Stat. Chap.461 and 609 and New Hope Code Chapter 8. At the appearance you will be required to admit or deny the allegation. If you admit the allegation,sanctions will be imposed against you per New Hope Code §8-7(j)(2). if the allegation is true,it is a first violation at this establishment within 36 months.The sanctions for a first violation in 36 months are set out in New Hope Code §8-7 with a fine of$300 and a 3-day license suspension (on a first violation the licensee may elect training in proper identification procedures for all employees in lieu of the 3-day license suspension;expenses of$100 for the training shall be borne by the licensee). If you fail to appear at the December 12 Initial Appearance, you will be deemed to have admitted the violation and to have waived your right to a hearing. The City Council will then impose sanctions as provided in New Hope Code §8-7. A copy of the New Hope Code§8-7 regarding the hearing procedure and sanctions is attached to this Notice. Dated: November 22, 2022. CITY OF NEW HOPE 6.7‘tc, Valerie Leone, City Clerk 763-531-5117—direct vleone@newhopemn.gov CITY OF NEW HOPE 4401 Xylon Avenue North•New Hope, Minnesota 55428-4898•www. ci.new-hope.mn.us City Hall: 763-531-5100•Police(non-emergency): 763-531-5170 •Public Works: 763-592-6777 City Hall Fax:763-531-5136•Police Fax: 763-531-5174• Public Works Fax: 763-592-6776 • l v L\da,ii &L pOUCE rt, r:: ) NEW HOPE POLICE DEPARTMENT yy INCIDENT REPORT ICR#22018499 AGENCY ORI#MN0271400 JUVENILE: Reported: 10-17-2022 1532 First Assigned:1532 First Arrived:1532 Last Cleared:1532 Committed Start: 10-17-2022 1532 Committed End: Title: Compliance Check Tobacco Summary: Officer conducting annual compliance checks for tobacco and alcohol at local establishments. Location(s) Holiday 41 #1X Address: 7201 BASS LAKE RD 1X City: New Hope State: MN Zip: 55428 Country: US Officer Assigned: Stanley, Pete Badge No: 59 Primary: Yes Involvement: Subject Name: Scott, Nyla Jakada DOB: 02-21-2003 Age: 19 Sex: F Race: B Height: 0 Weight: 0 Address: (Residence) 5740 East River Road APT 114 City: Fridley State: MN Zip: Country: Phone: (Cell) (612)478-1500 Eye Color: BRO Involvement: Owner Name: Robbins, Chris DOB: -- Age: Sex: M Race: Height: 0 Weight: 0 Address: (Employer)7201 Bass Lake Rd City: New Hope State: MN Zip: 55428 Country: Phone: (Work) (763)913-5482 Offense: (609.685.1 a(a)) Sale of Tobacco/Tobacco Related Device to Chi #: 1 Level: Petty Misdemeanor Status: COURT/PENDING Statute: 609.685.1a(a) Description: Sale of Tobacco/Tobacc Offender Last Name: Scott First: Nyla Middle: Jakada DOB: 02-21-2003 Type: City Attorney Disposition: Charged Name: Scott, Nyla Jakada 02-21-2003 Supplemental Report 1 ICR: 22018499 Last Modified: 10-21-2022 1444 Title: 59 Stanley Created By: Pete Stanley On 10/17/22 at 1527 hours, I conducted a Tobacco compliance check at 7201 Bass Lake Road (Holiday Gas) Per the city ordinance 10-23, the police Compliance monitoring. The police department shall conduct unannounced compliance checks at least once each calendar year at each licensed location where alcoholic beverages, both "on-sale" and "off-sale" are sold within the city. Per the city ordinance 8-7, the police department shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco products are sold within the city. To conduct the compliance check I use the assistance of a decoy that is under the age of 21 years, but no less than 18 years old. I verify the decoy's identity to ensure the decoy's true age. I inspect the decoys Minnesota picture identification. The decoy is instructed by me to enter the business and attempt to purchase an alcoholic beverage. The decoy is instructed not to use any trickery. If asked, the decoy is instructed to inform the clerk of his or her true age and to produce their state issued identification. I provided the decoy with 20.00 dollars. I photocopied the 20.00-dollar bill. I drove them in an unmarked New Hope Squad car to the parking lot of 7201 Bass Lake Road. The decoy then went into the store to attempt to purchase tobacco. I followed them inside several minutes later. I observed the store clerk sell tobacco to the underage decoy. I identified myself as a New Hope Police officer advising the clerk that they had just sold to an underage person. I identified the clerk as Nyla Jaeaka Scott 02/13/2003. I took a photo of the cigarettes and got a refund of the money, reclaiming the photocopied 20.00-dollar bill which was in the till. I told Scott that they need to check all person's identification and verify the age, not just look at a ID. I advised that I would be doing a report for this violation and forward this report to the city attorney for consideration of charges. This violation seemed more like a lack of training on the clerk's part. I did speak with the owner Chris Robbins about the new violation. Civil Sanctions Relating to ON-SALE NOTICE OF Intoxicating Liquor License INITIAL APPEARANCE (first violation within 24 months) TO: Mr. Zachary Pack New Hope Cinema Grill 2749 Winnetka Avenue North New Hope, MN 55427 An authorized officer or employee of this business is hereby ordered to appear before the New Hope City Council on Monday,December 12, 2022, at 7:00 p.m. at the New Hope City Council Chambers located at 4401 Xylon Avenue North, New Hope, Minnesota. This is a required appearance.The purpose is to consider allegations that on October 17,2022,an illegal sale of an alcoholic beverage was conducted at the establishment. The purchase was made as part of an unannounced New Hope Police Department Compliance check required by Minnesota State Statute. The alleged sale, if true, is a violation of Minn. Stat. Chap. 340A and New Hope Code Chapter 10. At the appearance you will be required to admit or deny the allegation. If the allegation is true, it is a first violation within 24 months at the establishment.The sanctions for a first violation in 24 months are set out in New Hope Code with a fine of $250 and a 3-day license suspension (may elect training in proper identification procedures for all employees in lieu of the suspension period;expenses of$100 for the training shall be borne by the licensee). If you fail to appear at the December 12,2022 Initial Appearance,you will be deemed to have admitted the violation and to have waived your right to a hearing. The City Council will then impose sanctions as provided in New Hope Code §10-23(6). A copy of the New Hope Code §10-23 through 10-30 regarding the hearing procedure and sanctions is attached to this Notice. Dated: November 22, 2022. CITY OF NEW HOPE Valerie Leone, City Clerk 763-531-5117 -direct vleone@newhopemn.gov CITY OF NEW HOPE 4401 Xylon Avenue North•New Hope, Minnesota 55428-4898•www. ci.new-hope.mn.us City Hall: 763-531-5100•Police (non-emergency): 763-531-5170•Public Works: 763-592-6777 City Hall Fax: 763-531-5136• Police Fax: 763-531-5174• Public Works Fax: 763-592-6776 6 aunties G* POLICE ,, '''Tv.- -le NEW HOPE POLICE DEPARTMENT `oma %' INCIDENT REPORT ICR#22018477 AGENCY ORI# MN0271400 JUVENILE: Reported: 10-17-2022 1236 First Assigned:1236 Last Cleared:1237 Committed Start: 10-17-2022 1236 Committed End: Title: Compliance Check Alcohol Summary: Officer conducting annual compliance checks for tobacco and alcohol at local establishments. Location(s) Outtakes Bar#A Address: 2749 WINNETKA AVE N A City: New Hope State: MN Zip: 55427 Country: US Officer Assigned: Stanley, Pete Badge No: 59 Primary: Yes Involvement: Subject Name: Eberle, Randi Michelle DOB: 10-04-1982 Age: 40 Sex: Race: Height: 600 Weight: 150 Address: (Residence)4438 Van Buren St Ne City: COLUMBIA HEIGHTS State: MN Zip: 55421-2951 Country: ID Number(s) ID Type: Drivers License ID#: V002248705802 State: Year: Class: Involvement: Owner Name: Pack,Zach Joseph DOB: 10-14-1985 Age: 37 Sex: M Race: W Height: 509 Weight: 300 Address: (Residence)3514 PIERCE ST NE City: MPLS State: MN Zip: 55418 Country: Phone: (Cell) (763)267-3922 Eye Color: BLU Hair Color: BRO Glasses: N ID Number(s) ID Type: Drivers License ID#: N784150119719 State: Year: Class: D Offense: (340A.503.2(1)) Liquor-Purchase/Sell/Barter/Furnish/Give to u #: 1 Level: Gross Misdemeanor Status: COURT/PENDING Statute: 340A.503.2(1) Description: Liquor-Purchase/Sell/0 Offender Last Name: Eberle First: Randi Middle: Michelle DOB: 10-04-1982 Type: City Attorney Disposition: Charged Name: Eberle, Randi Michelle 10-04-1982 Supplemental Report ICR: 22018477 Last Modified: 10-21-2022 0933 Title: 59 Stanley Created By: Pete Stanley On 10/17/22 at 1236 hours, I conducted alcohol compliance check at 2749 Winnetka Ave N (Outtakes Bar). Per the city ordinance 10-23, the police Compliance monitoring. The police department shall conduct unannounced compliance checks at least once each calendar year at each licensed location where alcoholic beverages, both "on-sale" and "off-sale" are sold within the city. To conduct the compliance check I use the assistance of a decoy that is under the age of 21 years, but no less than 18 years old. I verify the decoy's identity to ensure the decoy's true age. I inspect the decoys Minnesota picture identification. The decoy is instructed by me to enter the business and attempt to purchase an alcoholic beverage. The decoy is instructed not to use any trickery. If asked, the decoy is instructed to inform the clerk of his or her true age and to produce their state issued identification. I provided the decoy with 20.00 dollars. I photocopied the 20.00-dollar bill. I drove them in an unmarked New Hope Squad car to the parking lot of 2749 Winnetka Ave. The decoy then went to attempt to purchase alcohol from the Outtakes Bar. I received a text message a short time later from the decoy telling me that Outtakes had served them a beer. The decoy was sitting at the bar and there was only one bar tender working. I identified myself as a New Hope Police officer advising that they had just sold alcohol to an underage party. The bartender was identified as Randi Michelle Eberle 10-4-82. The bartender made no effort to check the decoy's ID. She admitted her mistake in not checking the identity and age of decoy. I took a photo of the beer and got a refund of the money, reclaiming the photocopied 20.00-dollar bill which was in the till. I told Eberle that she needs to check all person's identification while serving alcohol. I told her that I would be doing a report for this violation and forward this report to the city attorney for consideration of charges. egim Civil Sanctions Relating to OFF-SALE NOTICE OF Intoxicating Liquor License INITIAL APPEARANCE (first violation within 24 months) TO: Mr. Amrit Singh New Hope Liquor 8001 Bass Lake Road, Suite B New Hope, MN 55428 An authorized officer or employee of this business is hereby ordered to appear before the New IIope City Council on Monday,December 12,2022,at 7:00 p.m. at the New Hope City Council Chambers located at 4401 Xylon Avenue North, New Hope, Minnesota. This is a required appearance.The purpose is to consider allegations that on October 17,2022,an illegal sale of an alcoholic beverage was conducted at the establishment. The purchase was made as part of an unannounced New Hope Police Department Compliance check required by Minnesota State Statute. The alleged sale, if true, is a violation of Minn. Stat. Chap. 340A and New I-Iope Code Chapter 10. At the appearance you will be required to admit or deny the allegation. If the allegation is true, it is a first violation within 24 months at the establishment.The sanctions for a first violation in 24 months are set out in New Hope Code with a fine of $250 and a 3-day license suspension (may elect training in proper identification procedures for all employees in lieu of the suspension period;expenses of$100 for the training shall be borne by the licensee). If you fail to appear at the December 12,2022 Initial Appearance,you will be deemed to have admitted the violation and to have waived your right to a hearing. The City Council will then impose sanctions as provided in New Hope Code §10-23(6). A copy of the New Hope Code §10-23 through 10-30 regarding the hearing procedure and sanctions is attached to this Notice. Dated: November 22, 2022. CITY OF NEW HOPE Valerie Leone, City Clerk 763-531-5117 - direct vleone@newhopemn.gov CITY OF NEW HOPE 4401 Xylon Avenue North•New Hope,Minnesota 55428-4898•www.ci.new-hope.rnn.us City Hall: 763-531-5100 •Police(non-emergency): 763-531-5170 •Public Works: 763-592-6777 City Hall Fax:763-531-5136•Police Fax: 7b3-531-5174• Public Works Fax: 763-592-6776 Civil Sanctions Relating to NOTICE OF License to Sell Tobacco INITIAL APPEARANCE (first violation within 36 months) TO: Mr. Amrit Singh New Hope Liquor 8001 Bass Lake Road, Suite B New Hope,MN 55428 An authorized officer or employee of this business is hereby ordered to appear before the New Hope City Council on Monday, December 12,2022,at 7:00 p.m. at the New Hope City Council Chambers located at 4401 Xylon Avenue North, New Hope, Minnesota. This is a required appearance.The purpose is to consider allegations that on October 17,2022,an illegal sale of tobacco products to a minor was conducted at the establishment. The purchase was made as part of an unannounced New Hope Police Department Compliance check required by Minnesota State Statute. The alleged sale, if true, is a violation of Minn. Stat. Chap. 461 and 609 and New Hope Code Chapter 8. At the appearance you will be required to admit or deny the allegation. If you admit the allegation,sanctions will be imposed against you per New Hope Code §8-7(j)(2). If the allegation is true, it is a first violation at this establishment within 36 months.The sanctions for a first violation in 36 months are set out in New Hope Code §8-7 with a fine of$300 and a 3-day license suspension (on a first violation the licensee may elect training in proper identification procedures for all employees in lieu of the 3-day license suspension;expenses of$100 for the training shall be borne by the licensee). If you fail to appear at the December 12 Initial Appearance, you will be deemed to have admitted the violation and to have waived your right to a hearing. The City Council will then impose sanctions as provided in New Hope Code §8-7. A copy of the New Hope Code§8-7 regarding the hearing procedure and sanctions is attached to this Notice. Dated: November 22, 2022. CITY OF NEW HOPE c Valerie Leone, City Clerk 763-531-5117—direct vleone@newhopemn.gov CITY OF NEW HOPE 4401 Xylon Avenue North•New Hope,Minnesota 55428-4898 •www.ci.new-hope.mn,us City Hall: 763-531-5100•Police (non-emergency): 763-531-5170 •Public Works: 763-592-6777 City Hall Fax: 763-531-5136•Police Fax: 763-531-5174•Public Works Fax: 763-592-6776 POLICE WP,cw p tu6Y :� NEW HOPE POLICE DEPARTMENT - d. V` INCIDENT REPORT ICR#22018492 AGENCY ORI# MN0271400 JUVENILE: Reported: 10-17-2022 1449 First Assigned:1449 First Arrived:1449 Last Cleared:1449 Committed Start: 10-17-2022 1449 Committed End: Title: Compliance Check Alcohol Summary: Officer conducting annual compliance checks for tobacco and alcohol at local establishments. Location(s) New Hope Liquors#B Address: 8001 BASS LAKE RD B City: New Hope State: MN Zip: 55428 Country: US Officer Assigned: Stanley, Pete Badge No: 59 Primary: Yes Involvement: Owner Name: Singh, Sahib DOB: 02-09-1988 Age: 34 Sex: Race: Height: 510 Weight: 218 Address: (Residence)5540 Upland Ln N City: PLYMOUTH State: MN Zip: 55446-4591 Country: Phone: (Business) (763)439-2785 ID Number(s) ID Type: Drivers License ID#: R618111785715 State: Year: Class: Involvement: Arrested Name: Hopwood, Murray Daniel DOB: 09-20-1969 Age: 53 Sex: M Race: W Height: 508 Weight: 180 Address: (Residence)5318 MARYLAND AVE N City: CRYSTAL State: MN Zip: 55428 Country: Phone: (Home) (763)533-7494 Eye Color: BRO Hair Color: BRO Arrest Date Time: 10-25-2022 1151 ID Number(s) ID Type: Drivers License ID#: Y735209737515 State: Year: Class: I Offense: (609.685.1 a(a))Sale of Tobacco/Tobacco Related Device to Chi Offense: (340A.503.2(1)) Liquor-Purchase/Sell/Barter/Furnish/Give to u #: 1 Level: Gross Misdemeanor Status: COURT/PENDING Statute: 340A.503.2(1) Description: Liquor-Purchase/Sell/6 Offender Last Name: Hopwood First: Murray Middle: Daniel DOB: 09-20-1969 #: 2 Level: Petty Misdemeanor Status: COURT/PENDING Statute: 609.685.1a(a) Description: Sale of Tobacco/Toba. Offender Last Name: Hopwood First: Murray Middle: Daniel DOB: 09-20-1969 Type: City Attorney Disposition: Charged Name: Hopwood , Murray Daniel 09-20-1969 Supplemental Report ICR: 22018492 Last Modified: 10-21-2022 1418 Title: 59 Stanley Created By: Pete Stanley On 10/17/22 at 1438 hours, I conducted a Tobacco and Alcohol compliance check at 8001 Bass Lake Road (New Hope Liquor). Per the city ordinance 10-23, the police Compliance monitoring. The police department shall conduct unannounced compliance checks at least once each calendar year at each licensed location where alcoholic beverages, both "on-sale" and "off-sale" are sold within the city. Per the city ordinance 8-7, the police department shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco products are sold within the city. To conduct the compliance check I use the assistance of a decoy that is under the age of 21 years, but no less than 18 years old. I verify the decoy's identity to ensure the decoy's true age. I inspect the decoys Minnesota picture identification. The decoy is instructed by me to enter the business and attempt to purchase an alcoholic beverage. The decoy is instructed not to use any trickery. If asked, the decoy is instructed to inform the clerk of his or her true age and to produce their state issued identification. I provided the decoy with 20.00 dollars. I photocopied the 20.00-dollar bill. I drove them in an unmarked New Hope Squad car to the parking lot of 8001 Bass Lake Road. The decoy then went into the store to attempt to purchase tobacco and alcohol. I followed them inside several minutes later. I went into the store and the decoy pointed out the clerk who had sold to them. On the counter was a 12 pack of twisted iced tea, the decoy only had the 20.00 and the purchase price was too high for both the alcohol and cigarettes. The clerk had sold him the alcohol and the decoy was heading I back outside to get more money for the cigarettes. There was no question that the clerk intended to sell the decoy the cigarettes. I identified myself as a New Hope Police officer advising the clerk that he had just sold to an underage person. I identified the clerk as Murray Daniel Hopwood 9-20-69. I pointed out several key features on the ID card which showed the person to be under 21. The first is the red writing stating under 21 and that the under 21 licenses in Minnesota are often vertical instead of horizontal. The owner of the store was present. It seemed that the clerk had looked at the ID but just failed to realize that it said under 21. I took a photo of the alcohol and got a refund of the money, reclaiming the photocopied 20.00-dollar bill which was in the till. I told Murray that they need to check all person's identification and verify the age, not just look at a ID. I advised that I would be doing a report for this violation and forward this report to the city attorney for consideration of charges. eNcr Civil Sanctions Relating to NOTICE OF License to Sell Tobacco INITIAL APPEARANCE (first violation within 36 months) TO: Mr. Gherense Neguse Winnetka Liquor 3544 Winnetka Avenue North New Hope, MN 55427 An authorized officer or employee of this business is hereby ordered to appear before the New Hope City Council on Monday, December 12,2022,at 7:00 p.m. at the New Hope City Council Chambers located at 4401 Xylon Avenue North, New Hope,Minnesota. This is a required appearance.The purpose is to consider allegations that on October 17,2022,an illegal sale of tobacco products to a minor was conducted at the establishment. The purchase was made as part of an unannounced New Hope Police Department Compliance check required by Minnesota State Statute. The alleged sale, if true, is a violation of Minn. Stat. Chap.461 and 609 and New Hope Code Chapter 8. At the appearance you will be required to admit or deny the allegation. If you admit the allegation,sanctions will be imposed against you per New Hope Code §8-7(j)(2). If the allegation is true, it is a first violation at this establishment within 36 months.The sanctions fora first violation in 36 months are set out in New Hope Code §8-7 with a fine of$300 and a 3-day license suspension (on a first violation the licensee may elect. training in proper identification procedures for all employees in lieu of the 3-day license suspension;expenses of$100 for the training shall be borne by the licensee). If you fail to appear at the December 12 Initial Appearance, you will be deemed to have admitted the violation and to have waived your right to a hearing. The City Council will then impose sanctions as provided in New Hope Code §8-7. A copy of the New Hope Code§8-7 regarding the hearing procedure and sanctions is attached to this Notice. Dated: November 22,2022. CITY OF NEW HOPE Valerie Leone, City Clerk 763-531-5117—direct vleone@newhopemn.gov CITY OF NEW HOPE 4401 Xylon Avenue North•New Hope,Minnesota 55428-4898•www.ci.new-hope.mn.us City Hall: 763-531-5100•Police (non-emergency): 763-531-5170 •Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174•Public Works Fax: 763-592-6776 Civil Sanctions Relating to OFF-SALE NOTICE OF Intoxicating Liquor License INITIAL APPEARANCE (first violation within 24 months) TO: Mr. Gherense Neguse Winnetka Liquor 3544 Winnetka Avenue North New Hope, MN 55427 An authorized officer or employee of this business is hereby ordered to appear before the New Hope City Council on Monday,December 12,2022,at 7:00 p.m. at the New Hope City Council Chambers located at 4401 Xylon Avenue North, New Hope,Minnesota. This is a required appearance.The purpose is to consider allegations that on October 17,2022,an illegal sale of an alcoholic beverage was conducted at the establishment. The purchase was made as part of an unannounced New Hope Police Department Compliance check required by Minnesota State Statute. The alleged sale,if true, is a violation of Minn. Stat. Chap. 340A and New Hope Code Chapter 10. At the appearance you will be required to admit or deny the allegation. If the allegation is true, it is a first violation within 24 months at the establishment.The sanctions for a first violation in 24 months are set out in New Hope Code with a fine of $250 and a 3-day license suspension (may elect training in proper identification procedures for all employees in lieu of the suspension period;expenses of$100 for the training shall be borne by the licensee). If you fail to appear at the December 12,2022 Initial Appearance,you will be deemed to have admitted the violation and to have waived your right to a hearing. The City Council will then impose sanctions as provided in New Hope Code §10-23(6). A copy of the New Hope Code §10-23 through 10-30 regarding the hearing procedure and sanctions is attached to this Notice. Dated: November 22, 2022. CITY OF NEW HOPE Valerie Leone, City Clerk 763-531-5117 -direct vleone@newhopemn.gov CITY OF NEW HOPE 4401 Xylon Avenue North•New Hope, Minnesota 55428-4898•www. ci.new-hope.mn.us City Hall: 763-531-5100•Police (non-emergency): 763-531-5170•Public Works: 763-592-6777 City Hall Fax: 763-531-5136•Police Fax: 763-531-5174•Public Works Fax: 763-592-6776 lAitottt4 ti P E U - ), NEW HOPE POLICE DEPARTMENT ` � INCIDENT REPORT ICR#22018485 AGENCY ORI# MN0271400 JUVENILE: I Reported: 10-17-2022 1323 First Assigned:1323 First Arrived:1323 Last Cleared:1323 Committed Start: 10-17-2022 1323 Committed End: Title: Compliance Check Alcohol Summary: Officer conducting annual compliance checks for tobacco and alcohol at local establishments. Location(s) Address: 3544 WINNETKA AVE N City: New Hope State: MN Zip: 55427 Country: US Officer Assigned: Stanley, Pete Badge No: 59 Primary: Yes Involvement: Arrested Name: Neguse, Gherense Asfaha DOB: 04-06-1958 Age: 64 Sex: M Race: Height: 507 Weight: 158 Address: (Residence)3516 Adair Ave N City: CRYSTAL State: MN Zip: 55422-2572 Country: Phone: (Business) (651)329-1788 Arrest Date Time: 10-25-2022 1150 ID Number(s) ID Type: Drivers License ID#: E785014800820 State: Year: Class: Offense: (340A.503.2(1)) Liquor-Purchase/Sell/Barter/Furnish/Give to u Offense: (609.685.1 a(a))Sale of Tobacco/Tobacco Related Device to Chi #: 1 Level: Gross Misdemeanor Status: COURT/PENDING Statute: 340A.503.2(1) Description: Liquor-Purchase/Sell/E Offender Last Name: Neguse First: Gherense Middle: Asfaha DOB: 04-06-1958 #: 2 Level: Petty Misdemeanor Status: COURT/PENDING Statute: 609.685.1a(a) Description: Sale of Tobacco/Tobac Offender Last Name: Neguse First: Gherense Middle: Asfaha DOB: 04-06-1958 Type: City Attorney Disposition: Charged Name: Neguse , Gherense Asfaha 04-06-1958 Supplemental Report ICR: 22018485 Last Modified: 10-21-2022 1035 Title: 59 Stanley Created By: Pete Stanley On 10/17/22 at 1318 hours, I conducted an alcohol and Tobacco compliance check at 3544 Winnetka Ave N (Winnetka Liquor). Per the city ordinance 10-23, the police Compliance monitoring. The police department shall conduct unannounced compliance checks at least once each calendar year at each licensed location where alcoholic beverages, both "on-sale" and "off-sale" are sold within the city. Per the city ordinance 8-7, the police department shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco products are sold within the city. To conduct the compliance check I use the assistance of a decoy that is under the age of 21 years, but no less than 18 years old. I verify the decoy's identity to ensure the decoy's true age. I inspect the decoy's Minnesota picture identification. The decoy is instructed by me to enter the business and attempt to purchase an alcoholic beverage. The decoy is instructed not to use any trickery. If asked, the decoy is instructed to inform the clerk of his or her true age and to produce their state issued identification. I provided the decoy with 20.00 dollars. I photocopied the 20.00-dollar bill. I drove them in an unmarked New Hope Squad car to the parking lot of 3544 Winnetka Ave. The decoy then went into the store to attempt to purchase both alcohol and tobacco from Winnetka Liquor. The decoy went inside and I followed a short time later, it should be noted I was in plain clothes. I observed the decoy purchase a six pack of beer and pack of cigarettes from the store clerk. The clerk didn't properly verify the age of the decoy despite looking at the identification card. I identified myself as a New Hope Police officer advising the clerk that he had just sold to an underage person. I identified the clerk, who is the owner of Winnetka Liquor as Gherense Asfaha Neguse 4-6-58. I took a photo of the beer and cigarettes and got a refund of the money, reclaiming the photocopied 20.00- dollar bill which was in the till. I told Neguse that he needs to check all person's identification and verify the age, not just look at a ID. I advised that I would be doing a report for this violation and forward this report to the city attorney for consideration of charges. It should be noted the decoy advised me that the clerk made no real attempt to look at ID the first time, scanned the cigarettes and then asked for the ID. I:\RFA\City Manager\2022\Liquor Renewals\7.2 Q - liquor renewals.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: City Manager By: Valerie Leone, City Clerk/Treasurer Agenda Title Public hearing - liquor license renewals for year 2023 Requested Action Staff recommends that the Council consider liquor license renewals for establishments with on sale and off sale licenses. The Council may act on each license individually or act on them simultaneously with one motion closing the hearing and a second motion approving the license renewals. Background The license holders have furnished the necessary liquor license renewal applications. License renewals are effective January 1. The Director of Police supports renewal of the licenses, and will be in attendance to answer any questions (a summary of police activities per location is attached). License holders are not required to attend the public hearing. Per city code 10-14 liquor/restaurant establishments must have sales exceeding 50% for food (or greater than 50% sales in bowling, if a bowling center). Type Establishment Owner or Mgr Percentage Sales On Sale, Restaurant Applebee’s, 4203 Winnetka Ave N. Nate McVey 88% food, 12% liquor On Sale, Restaurant Frankie’s Pizza, 3566 Winnetka Ave. N. Kent Garbers 88% food, 12% liquor On Sale, Restaurant Pub 42, 7600 42nd Ave. N. Steve Wagenheim 68% food; 32% liquor On Sale, Restaurant Hy-Vee Market Grille, 8200 42nd Ave. N. Kelsey Nelson 81% food, 19% liquor On Sale, Restaurant Los Sanchez Taqueria, 7112 Bass Lake Rd Santiago Ortiz 60% food, 40% liquor On Sale, Restaurant New Hope Golf Course, 8130 Bass Lake Rd Mark Severson 93% golf/food, 7% liquor On Sale, Restaurant Cinema Grill & Outtakes Zachary Pack 47% food, 45% liq, 8%movies On Sale, bowling ctr New Hope Bowl, 7107 42nd Ave. N. Tom Bender 26% food, 29% liq, 45% bowl Microdistillery Pocket Square Cocktail Lounge, 7530 42nd A Davis Off Sale New Hope Liquor, 8001 Bass Lake Rd Amrit Singh Off Sale Winnetka Liquor, 3544 Winnetka Ave. N. Gheremse Neguse Off Sale Viking Liquor, 7141 42nd Rajesh Sunar Off Sale Hy-Vee Wine & Spirits, 8202 42nd Ave N Kelsey Nelson City code sets the maximum number of off-sale licenses at four, and they are all issued at the present time. 3.2 malt liquor renewals: Off-sale – Speedway, 6144 West Broadway Off-sale - Hy-Vee Food Store, 8200 42nd Avenue North Attachments • Police Department report Agenda Section Public Hearing Item Number 7.2 Memorandum To: From: Date: Valerie Leone, City Clerk Tim Hoyt, Chief of Police December 2nd, 2022 Subject: Liquor License Renewals – Summary of Police Activity This is a summary of known offenses occurring at liquor establishments (on and off-sale) in the city of New Hope between November 15th , 2021 and December 2nd, 2022. The listed calls-for-service are consistent once again with previous years. Most are normal and routine for these business activities. As in previous years, many of the calls-for-service are not related to the business activity. Rather, they are a combination of incidents that occur in and around the business, parking lot or nearby streets. Many are generated by officers, which lead to other enforcement actions. The business which generated the largest call volume once again was Hy-Vee. Though the vast majority of calls have little to do with the sale of liquor. In total, there were less liquor- related calls at New Hope business establishments in 2022 (459) as compared to 2021 (523). The overwhelmingly majority of calls does not involve liquor issues. The POLD data (Place of Last Drink) does not reveal anything unusual. The paragraphs below highlight some of the statistics: -New Hope Liquor, 8001 Bass Lake Road: There were 18 calls this past year compared to 73 calls in 2021. 5 of these calls were officer generated business spot checks (an officer either checks the doors after closing hours or checks on employees) and Alarm calls. Many of the calls were disturbance calls for loitering outside of the building. Only 2 of the calls for service were for events inside of the establishment. -Applebee’s, 4203 Winnetka Ave N: Calls for service at this location doubled from 12 calls in 2021 to 25 calls in 2022. Many of the calls involve incidents related to the parking lot area. There were 4 calls from Applebee's staff calling to report patrons driving after drinking in the establishment. There was one assault that occurred inside of the business. -Pub 42, 7600 42nd Ave N: Pub 42 had 31 calls for service in 2022, down from the 42 in 2021. Pub 42 did have two assaults in 2022 that occurred inside of the establishment. 6 of the calls were Pub 42 staff calling for extremely intoxicated patrons, 2 resulting in medical holds. The majority of the calls were accidents in the parking lot. -New Hope Bowl, 7107 42nd Ave N: The New Hope Bowl did not see a change in calls, with 15 calls again in 2022. Of the 15 calls, 4 of them were for patrons fighting inside of the establishment. -New Hope Cinema Grill/Outtakes, 2749 Winnetka Ave N: Call volumes greatly decreased in 2022. There were 31 total calls in 2022, compared to the 54 calls in 2021. Most of the calls for service were for patrons refusing to leave the establishment when no longer being served alcoholic beverages. New ownership has proven to be successful. -Frankie’s Pizza, 3556 Winnetka Ave N: There were 14 calls total, one of which was an armed robbery that occurred as staff was leaving the establishment after closing. The remainder of the calls seemed to be relatively minor. -Hy-Vee, 8200 42nd Ave N: Hy-Vee accounted for the most calls for service in 2022. All but 2 of the calls are related to the business site, grocery, and/ or other areas of the facility. Calls increased to 192 calls in 2022, from 177 total calls in 2022. The 2 calls were theft related. -Los Sanchez, 7112 Bass Lake Road: Los Sanchez had 40 calls in 2022. This is an increase from the 30 calls in 2021. Although they do have their own private security, officers are frequently requested for customer disturbances inside of the establishment. In the past two months there have been two assaults that have occurred in the parking lot resulting in great bodily harm. -New Hope Golf Course, 8130 Bass Lake Road: 15 total calls, most of which were generated by officers for safety checks. -Winnetka Liquor, 3544 Winnetka Ave N: Off-sale establishment with only 7 calls. All but 2 calls were outside of the business or officer generated. The 2 calls were for burglaries occurring after hours. -Viking Liquor & Wine, 7141 42nd Ave N: Off-sale establishment with 12 total calls, most happening in the parking lot, not directly attributed to the business. -Speedway, 6144 West Broadway: Off-sale establishment with 57 calls. All calls for service were related to the store/parking lot and didn’t involve the sale of liquor. -Pocket Square, 7530 42nd Ave. N: This business is a microdistillery and saw no change in 2022 calls for service with only 2. One call was a compliance check generated by an officer and the other was a verbal argument in the parking lot that did not relate to the establishment. I:\RFA\P&R\PARKS\2022\#1094 Liberty Playground\Q & R - Liberty Park playground equipment approval.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: Parks & Recreation By: Susan Rader, Director Agenda Title Resolution authorizing the appropriation of funds in the amount of $190,554.67 for playground equipment, installation and site work at Liberty Park (Improvement Project No. 1094) Requested Action Staff requests that the City Council approve a resolution authorizing playground improvements at Liberty Park by Landscape Structures Inc. for $95,837.68 and Flagship Recreation for $94,716.99. The project will include the refurbishment of some playground components, the purchase and installation of additional playground equipment, geotextile fabric, playground mats, poured in place material, engineered wood fiber and minor concrete work at Liberty Park, 9015 60th Avenue North (improvement project no. 1094). The equipment purchase would be through Landscape Structures for $95,837.68 and the remaining items would be through Flagship Recreation for $94,716.99. Landscape Structures and Flagship Recreation are both on the state bid list for this work. Background The playground equipment at Liberty Park is currently the oldest playground in the New Hope parks system and was last replaced in 2000. The replacement project is scheduled for 2023, but in order to have a spring 2023 installation, the planning process was started this past August. Early fall a mailing was sent to area residents to gather some initial information on what they would like to see included in the new playground. This process has worked well in the past, and staff appreciates the input from the neighbors. A committee made up of representatives from the neighborhood, Flagship Recreation, Council, CAC, and staff from Stantec and the city met on November 7, 2022, to view initial plans that were designed based on the resident surveys, container size, and budget. After discussion, the plans were modified and then reviewed at a second committee meeting on November 22, 2022, along with the final color selection. The site work needed for this project is minimal and is able to be completed by Flagship Recreation. The current container is cement curb, and the majority of it is in good shape, with only a small area identified for replacement. Additional site work will include removal of existing container sand and installation of a concrete slab for the sunshade and picnic table. A small amount has also been included if additional draintile is necessary or if existing draintile is damaged with construction of the new equipment. As has been discussed previously with Council, in 2011 staff started using a playground vendor who had a program to refurbish equipment. Landscape Structures, currently represented by Flagship Recreation, was the only playground equipment company to offer a program and they are also listed on the State of Minnesota Cooperative Purchasing Venture. In the long-term, using Landscapes Structures will enable staff to update a playground by re-using and updating some pieces of equipment or structure posts rather than Agenda Section Development & Planning Item Number 8.1 Request for Action, Page 2 replacing the entire playground structure. This only works with playgrounds that have existing Landscape Structures equipment. Liberty Park is the second playground replacement project that will be incorporating the refurbish component. The first project took place at Begin Park in 2020. As part of the Liberty Park refurbishment process, staff from Flagship Recreation did a thorough analysis of the current equipment to see what pieces can be reused within the new project. As part of this project approximately $91,000 worth of equipment will be refurbished and reused, including several posts, some decking, and some slides. Funding Funding is available in the Park Infrastructure Fund, which is levy funded each year. This project is included in the 2023 CIP and the 2023 Park Infrastructure budget as shared with the Council during CIP planning meetings and 2023 Budget meetings. Funding of $200,000 was budgeted for the playground project. The Park Infrastructure Fund is levy funded each year. The cost for the purchase and installation of playground equipment, and site work submitted by Landscape Structures and Flagship Recreation totals $190,554.67. The cost breakdown of the project: Estimated Costs Equipment (Landscape Structures) $95,837.68 Installation, site work (Flagship Recreation) $94,716.99 Contingency $4,445.33 Indirect Costs $5,000.00 Estimated Total $200,000.00 Amount Budgeted $200,000.00 Similar to previous projects, public works staff will remove the old play equipment that is not being refurbished and reused. Public Works will also take the existing container sand that is being removed and reuse in their watermain repair or other operations. Having this work completed by staff and providing a location for reuse of the sand will save funds in the Park Infrastructure Fund. Attachments • Resolution • Pictures of current equipment • View of proposed playground • Quote from Landscape Structures for equipment ($95,837.68) • Quote from Flagship Recreation for installation and site work ($94,716.99) • 2023 CIP list • Copies of neighborhood survey responses City of New Hope Resolution No. 2022- Resolution authorizing the appropriation of funds in the amount of $190,554.67 for playground equipment, installation and site work at Liberty Park (Improvement Project No. 1094) WHEREAS, the current playground at Liberty Park is approximately 23 years old and ready to be replaced; and, WHEREAS, staff sent a survey to area residents asking for their input for the new area and inviting then to be a part of the planning committee; and, WHEREAS, a planning committee comprised of Liberty Park neighbors, City Council, CAC, city engineers and city staff met to develop plans to meet the needs at Liberty Park; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the bid through the state cooperative purchasing agreement for playground equipment, installation and site work at Liberty Park by Landscape Structures and Flagship Recreation is $190,554.67; and, WHEREAS, the planning committee has recommended that City Council award the contracts to Landscape Structures and Flagship Recreation; and, WHEREAS, the funding source for the contract is the Park Infrastructure Fund. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of New Hope, Minnesota approves entering into a contract for playground equipment, installation and site work at Liberty Park with Landscape Structures and Flagship Recreation for $190,554.67. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 12th day of December, 2022. Mayor Attest: City Clerk Existing playground equipment City of New Hope, Minnesota Capital Improvement Plan - Parks Infrastructure Fund 9233 Schedule of Planned Capital Outlay 2022 to 2032 2022 2023 2024 2025 2026 2027 Year to Estimated Estimated Estimated Estimated Estimated Estimated Department Replace Item Cost Amounts Amounts Amounts Amounts Amounts Amounts Parks & Recreation 2022 Parks Emerald Ash Borer 100,000$ 100,000$ -$ -$ -$ -$ -$ Parks & Recreation 2022 Parks concrete, trail work 35,000 35,000 - - - - - Parks & Recreation 2022 Parks Hidden Valley Park play equipment project 250,000 250,000 - - - - - Parks & Recreation 2022 Parks lighting improvements 50,000 50,000 - - - - - Parks & Recreation 2022 Parks maintenance (courts, equipment painting, benches and picnic tables)34,000 34,000 - - - - - Parks & Recreation 2023 Parks Emerald Ash Borer 100,000 - 100,000 - - - - Parks & Recreation 2023 Parks Pickleball Improvement at Meadow Lake 135,000 - 135,000 - - - - Parks & Recreation 2023 Parks concrete, trail work 75,000 - 75,000 - - - - Parks & Recreation 2023 Parks Liberty Park play equipment project 200,000 - 200,000 - - - - Parks & Recreation 2023 Parks Lighted Baseball Field 828,000 - 828,000 - - - - Parks & Recreation 2023 Parks lighting improvements 90,000 - 90,000 - - - - Parks & Recreation 2023 Parks maintenance (Liberty Park basketball courts)150,000 - 150,000 - - - - Parks & Recreation 2023 Park Meadow Lake pickleball court improvements 135,000 - 135,000 - - - - Parks & Recreation 2023 Pool misc equipment 5,000 - 5,000 - - - - Parks & Recreation 2024 Parks Cgyms pitching machines 5,000 - - 5,000 - - - Parks & Recreation 2024 Parks Emerald Ash Borer 100,000 - - 100,000 - - - Parks & Recreation 2024 Parks concrete, trail work 60,000 - - 60,000 - - - Parks & Recreation 2024 Parks lighting improvements 50,000 - - 50,000 - - - Parks & Recreation 2024 Parks maintenance (courts, equipment painting, benches and picnic tables)80,000 - - 80,000 - - - Parks & Recreation 2024 Parks outdoor fitness equipment 48,000 - - 48,000 - - - Parks & Recreation 2024 Pool misc equipment 5,000 - - 5,000 - - - Parks & Recreation 2025 Parks Emerald Ash Borer 100,000 - - - 100,000 - - Parks & Recreation 2025 Parks concrete, trail work 60,000 - - - 60,000 - - Parks & Recreation 2025 Parks hockey rink fencing 13,000 - - - 13,000 - - Parks & Recreation 2025 Parks lighting improvements 90,000 - - - 90,000 - - Parks & Recreation 2025 Parks maintenance (courts, equipment painting, benches and picnic tables)60,000 - - - 60,000 - - Parks & Recreation 2025 Parks picnic shelter at Northwood 200,000 - - - 200,000 - - Parks & Recreation 2025 Pool misc equipment 5,000 - - - 5,000 - - Parks & Recreation 2026 Parks Emerald Ash Borer 100,000 - - - - 100,000 - Parks & Recreation 2026 Parks concrete, trail work 60,000 - - - - 60,000 - Parks & Recreation 2026 Parks lighting improvements 90,000 - - - - 90,000 - Parks & Recreation 2026 Parks maintenance (courts, equipment painting, benches and picnic tables)35,000 - - - - 35,000 - Parks & Recreation 2026 Pool misc equipment 5,000 - - - - 5,000 - Parks & Recreation 2027 Parks concrete, trail work 60,000 - - - - - 60,000 Parks & Recreation 2027 Parks Elm Grove Park play equipment project 220,000 - - - - - 220,000 Parks & Recreation 2027 Parks lighting improvements; retro fit Lighted softball field 255,000 - - - - - 255,000 Parks & Recreation 2027 Parks maintenance (courts, equipment painting, benches and picnic tables)145,000 - - - - - 145,000 Parks & Recreation 2027 Parks sun shades at Northwood softball fields 184,000 - - - - - 184,000 Parks & Recreation 2027 Pool Cabana canvas 18,500 - - - - - 18,500 Parks & Recreation 2027 Pool misc equipment 5,000 - - - - - 5,000 Parks & Recreation 2027 Pool water walk ropes 2,000 - - - - - 2,000 I:\RFA\P&R\PARKS\2022\Lighting Retrofits\Q&R - LED Lighting at Lighted Baseball Field and Meadow Lake pickleball.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: Parks & Recreation By: Susan Rader, Director Agenda Title Resolution authorizing the appropriation of funds in the amount of $302,570 to install LED lights at Lighted Baseball Field (Improvement Project No. 1095) and the Meadow Lake pickleball courts (Improvement Project No. 1096) Requested Action Staff requests that the City Council approve a resolution authorizing the installation of LED lighting at the Lighted Baseball Field and the Meadow Lake pickleball courts by Musco Lighting for $302,570 (Improvement Project No’s. 1095/1096). Policy/Past Practice The city develops a ten-year capital improvement program (CIP) for capital equipment, facility improvements, and infrastructure projects. Each year the CIP is reviewed, updated, and extended for another ten-year period. Lighting improvements are included in the 2022 and 2023 CIP budgets. Background During the last several CIP discussions, staff have discussed park lighting upgrades and additions with the City Council. Many of the current park lighting fixtures are old and inefficient, with many needing repairs. Due to the lower cost and least disruption to the courts and turf, recent projects have reused the existing poles while retrofitting the lights with LED fixtures. These recent lighting retrofits have included the Civic Center Park courts in 2019/2020 and the Hidden Valley Park and Begin Park tennis courts in 2021. Staff has identified the lights at Lighted Baseball Field and the Meadow Lake pickleball courts for similar lighting retrofit projects. Improvements to Lighted Baseball Field have been budgeted for 2023, including lighting, fencing replacement, trail work, field reshaping and grading, resodding in some areas, as well as other minor work. Staff prefers to complete the lighting portion of the project this winter due to the need to work around the Osprey nest that is located on top of the left field lights. By law, unless it is an emergency, work near the nest can only be completed October 1-April 1. The poles are still in good condition and will be reused, although staff is recommending one new light pole be installed near the Osprey nesting pole. The existing pole will be decommissioned, allowing the nest to remain untouched. The retrofits will include new LED fixtures, electrical wiring from the fixtures to the panel boxes, a wireless control system with performance monitoring, and a 10-year warranty. Additionally, the project will include an electrical service upgrade. There are currently two cabinets (one for baseball and one for softball) that are original, along with the breakers, and are starting to fail. The cabinets would be combined to one new cabinet, and all of the conduits would be brought up to current code. Agenda Section Development & Planning Item Number 8.2 Request for Action, Page 2 The remainder of the Lighted Baseball Field project will brought to Council for approval the early part of 2023 and bids will be sought, with the intention of a fall project in order to minimize the loss of field use. As discussed at the September 2022 work session, in early 2023, staff and the city engineer will be gathering quotes to convert the existing three pickleball courts at Meadow Lake to eight pickleball courts. Funding is also available to update the lighting as a part of the project. The light poles will be reused, and the retrofits will include new LED fixtures, electrical wiring from the fixtures to the panel boxes, a wireless control system, player activated push button lighting and a 10-year warranty. These upgrades will provide the correct lighting on the baseball field and pickleball courts while providing environmentally friendly lighting for the residential area with less light spillage. Although the energy draw from these facilities isn’t as great as a fulltime facility, the savings with LED lights will also be beneficial. Staff is recommending the approval of the retrofit quotes from Musco Lighting for $302,570. Lighted Baseball Field Meadow Lake Pickleball Retrofit $206,384 $44,896 Electrical service upgrade $35,740 - Replacement light pole $15,550 - Total $257,674 $44,896 Musco Lighting is part of Sourcewell (formerly the National Joint Powers Alliance Purchasing Cooperative). They have an excellent reputation, are extremely well-known in the field of athletic lighting and have provided quality products and installation for previous New Hope projects. The work would be performed this winter. Funding The cost to install LED lighting at Lighted Baseball Field and Meadow Lake tennis courts by Musco Lighting is $302,570. Lighting upgrades are included in both the 2022 and 2023 CIP’s and funds are available in the Park Infrastructure Fund. In 2022, $100,000 was budgeted for lighting improvements, although this amount was reduced to $50,000 during the long-term planning discussions. Staff identified the Meadow Lake pickleball courts for retrofit. In 2023, $828,000 has been budgeted for the improvements to Lighted Baseball Field, which includes the lighting updates. An additional $90,000 for lighting improvements has also been included in the 2023 CIP. The remainder of the Lighted Baseball Field project will be brought to Council for approval the early part of 2023 and bids will be sought, with the intention of a fall project. Staff is also waiting to hear on two grant applications that were submitted for the full Lighted Baseball Field project. Attachments • Resolution • Athletic Supervisor’s memo • Quotes from Musco Lighting • 2022 and 2023 CIP I:\RFA\P&R\PARKS\2022\Lighting Retrofits\Q&R - LED Lighting at Lighted Baseball Field and Meadow Lake pickleball.docx City of New Hope Resolution No. 2022 - Resolution authorizing the appropriation of funds in the amount of $302,570 to install LED lights at Lighted Baseball Field (Improvement Project No. 1095) and the Meadow Lake pickleball courts (Improvement Project No. 1096) 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 the preparation of each annual operating budget; and, WHEREAS, having safe, well maintained park facilities is important; and, WHEREAS, staff recommends Musco Lighting to install LED lights at Lighted Baseball Field and Meadow Lake pickleball courts; and, WHEREAS, funds are available for these projects within the Park Infrastructure Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota, that the appropriation of $302,570 from the Park Infrastructure Fund for payment to Musco Lighting is hereby authorized. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 12th day of December, 2022. ______________________________ Mayor Attest: ________________________ City Clerk Memorandum To: Susan Rader, Director of Parks and Recreation From: Steve Ellingson, Athletic Supervisor Date: November 22, 2022 Subject: Lighted Baseball Field and Meadow Lake Pickleball Court Light Retrofit _____________________________________________________________________________________ Staff has identified the lights at the Lighted Baseball Field and the pickleball courts at Meadow Lake Park to be the next systems retrofitted as part of the 2022 Capital Improvement Program (CIP). The poles are still in good condition; however, the lighting is old and inefficient. At Lighted Baseball this retrofit would include new LED fixtures, electrical service upgrades a wireless control system and one new pole to protect the Osprey Nest. At Meadow Lake the retrofit will include LED fixtures, electrical wiring from the fixtures to the panel box, and a wireless control system and player activated lighting. The new system at Meadow Lake will come with a warranty of 25 years due to using existing Musco poles. The system at Lighted Baseball will have a 10-year warranty because Musco poles were not used. These upgrades will provide the correct lighting at each facility while providing environmentally friendly lighting for the residential area with less light spillage. Although the energy draw from these facilities isn’t as great as a fulltime facility, the savings with LED lights will be beneficial. Staff is recommending the approval of the quotes from Musco Lighting of $44,896 to retrofit the Meadow Lake Pickle Courts and $257, 674 to retrofit the Lighted Baseball Field. Musco is a part of Sourcewell (formerly the National Joint Powers Alliance Purchasing Cooperative). City of New Hope, Minnesota Capital Improvement Plan - Parks Infrastructure Fund 9233 Schedule of Planned Capital Outlay 2022 to 2032 2022 2023 2024 2025 2026 2027 Year to Estimated Estimated Estimated Estimated Estimated Estimated Department Replace Item Cost Amounts Amounts Amounts Amounts Amounts Amounts Parks & Recreation 2022 Parks Emerald Ash Borer 100,000$ 100,000$ -$ -$ -$ -$ -$ Parks & Recreation 2022 Parks concrete, trail work 35,000 35,000 - - - - - Parks & Recreation 2022 Parks Hidden Valley Park play equipment project 250,000 250,000 - - - - - Parks & Recreation 2022 Parks lighting improvements 50,000 50,000 - - - - - Parks & Recreation 2022 Parks maintenance (courts, equipment painting, benches and picnic tables)34,000 34,000 - - - - - Parks & Recreation 2023 Parks Emerald Ash Borer 100,000 - 100,000 - - - - Parks & Recreation 2023 Parks Pickleball Improvement at Meadow Lake 135,000 - 135,000 - - - - Parks & Recreation 2023 Parks concrete, trail work 75,000 - 75,000 - - - - Parks & Recreation 2023 Parks Liberty Park play equipment project 200,000 - 200,000 - - - - Parks & Recreation 2023 Parks Lighted Baseball Field 828,000 - 828,000 - - - - Parks & Recreation 2023 Parks lighting improvements 90,000 - 90,000 - - - - Parks & Recreation 2023 Parks maintenance (Liberty Park basketball courts)150,000 - 150,000 - - - - Parks & Recreation 2023 Park Meadow Lake pickleball court improvements 135,000 - 135,000 - - - - Parks & Recreation 2023 Pool misc equipment 5,000 - 5,000 - - - - Parks & Recreation 2024 Parks Cgyms pitching machines 5,000 - - 5,000 - - - Parks & Recreation 2024 Parks Emerald Ash Borer 100,000 - - 100,000 - - - Parks & Recreation 2024 Parks concrete, trail work 60,000 - - 60,000 - - - Parks & Recreation 2024 Parks lighting improvements 50,000 - - 50,000 - - - Parks & Recreation 2024 Parks maintenance (courts, equipment painting, benches and picnic tables)80,000 - - 80,000 - - - Parks & Recreation 2024 Parks outdoor fitness equipment 48,000 - - 48,000 - - - Parks & Recreation 2024 Pool misc equipment 5,000 - - 5,000 - - - Parks & Recreation 2025 Parks Emerald Ash Borer 100,000 - - - 100,000 - - Parks & Recreation 2025 Parks concrete, trail work 60,000 - - - 60,000 - - Parks & Recreation 2025 Parks hockey rink fencing 13,000 - - - 13,000 - - Parks & Recreation 2025 Parks lighting improvements 90,000 - - - 90,000 - - Parks & Recreation 2025 Parks maintenance (courts, equipment painting, benches and picnic tables)60,000 - - - 60,000 - - Parks & Recreation 2025 Parks picnic shelter at Northwood 200,000 - - - 200,000 - - Parks & Recreation 2025 Pool misc equipment 5,000 - - - 5,000 - - Parks & Recreation 2026 Parks Emerald Ash Borer 100,000 - - - - 100,000 - Parks & Recreation 2026 Parks concrete, trail work 60,000 - - - - 60,000 - Parks & Recreation 2026 Parks lighting improvements 90,000 - - - - 90,000 - Parks & Recreation 2026 Parks maintenance (courts, equipment painting, benches and picnic tables)35,000 - - - - 35,000 - Parks & Recreation 2026 Pool misc equipment 5,000 - - - - 5,000 - Parks & Recreation 2027 Parks concrete, trail work 60,000 - - - - - 60,000 Parks & Recreation 2027 Parks Elm Grove Park play equipment project 220,000 - - - - - 220,000 Parks & Recreation 2027 Parks lighting improvements; retro fit Lighted softball field 255,000 - - - - - 255,000 Parks & Recreation 2027 Parks maintenance (courts, equipment painting, benches and picnic tables)145,000 - - - - - 145,000 Parks & Recreation 2027 Parks sun shades at Northwood softball fields 184,000 - - - - - 184,000 Parks & Recreation 2027 Pool Cabana canvas 18,500 - - - - - 18,500 Parks & Recreation 2027 Pool misc equipment 5,000 - - - - - 5,000 Parks & Recreation 2027 Pool water walk ropes 2,000 - - - - - 2,000 I:\RFA\City Manager\2022\Budget 2023\CM 121222\10.1 Q ‐ council support HRA levy 12.12.22.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: City Manager By: Valerie Leone, City Clerk‐Treas. Agenda Title Resolution approving the HRA levy for 2023 Requested Action Staff requests the City Council adopt the attached resolution relating to the HRA levy for 2023. Background The resolution before the City Council supports the $437,850 HRA levy. It is necessary to adopt the HRA levy separate from the city’s base levy. The EDA must also approve the levy. Abdo and staff recommend the HRA levy be set at $437,850 for year 2023. Minnesota Statutes permits an HRA levy of up to .01850% of the estimated market value in the city, and this levy meets those requirements. The total estimated market value is estimated by Hennepin County at $2,382,189,700; ($2,382,189,700 x .0185% = $440,705). The levy was presented during the December 6 budget hearing. Attachments  Resolution Agenda Section Ordinances & Resolutions Item Number 10.1 City of New Hope Resolution No. 2022- Resolution approving the HRA levy for 2023 WHEREAS, pursuant to Minnesota Statutes, Section 469.001 to 469.047 (the “HRA Act”), the City Council of the City of New Hope created the City of New Hope Housing Redevelopment Authority (the “Authority”); and WHEREAS, Section 469.033, subdivision 6 of the Act authorizes the Authority to levy a tax upon all taxable property within the City to be expended for the purposed authorized by the HRA Act; and WHEREAS, such levy may be in an amount not to exceed .0185 percent of estimated market value of the City; and WHEREAS, the Authority has filed its budget for the special benefit levy in accordance with the budget procedures of the City in the amount of $437,850; and WHEREAS, based upon such budgets the Authority will levy all or such portion of the authorized levy as it deems necessary and proper; NOW THEREFORE BE IT RESOLVED by the City of New Hope City Council: 1. That approval is hereby given for the Authority to levy, for taxes payable in 2023, such tax upon the taxable property of the City as the Authority may determine, subject to the limitations contained in the HRA Act. Adopted by the New Hope City Council on December 12, 2022. ____________________________________ Mayor Attest: City Clerk I:\RFA\City Manager\2022\Budget 2023\CM 121222\10.2 Q - Budget 2022 12.12.22.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: City Manager By: Valerie Leone, City Clerk-Treas. Agenda Title Resolution adopting general, special revenue, debt service, enterprise and internal service fund budgets for the city of New Hope for the year 2023 and establishing a tax levy for the year payable 2023 Requested Action Staff requests the Council adopt the attached resolution for the 2023 budget and tax levy. Policy/Past Practice The City Council annually adopts the budget for the upcoming year and establishes the final tax levy at the first council meeting in December. This action is taken after the adoption of the preliminary budget and tax levy in September, after work sessions were conducted this fall to review/discuss departmental budgets, and after public input was taken at the December 5 public hearing. Background The preliminary budget and tax levy was adopted at the September 12 city council meeting. This is the maximum tax levy and budget that can be adopted; it can be reduced before final adoption in December, but it cannot be increased. The Council reviewed all general fund budgets with department heads at their September work session and reviewed utility and enterprise fund budgets at the October work session. The Council reviewed the final budget hearing presentation at the November work session, as additional information had been added regarding results of the 2022 city services/performance measurements survey, average utility rate increases, and Hennepin County Assessor information. The City Council conducted a public hearing on December 5 to receive comments regarding the 2023 proposed budget and tax levy. 2023 Budget The 2023 preliminary general fund budget is $17,235,207, which is an increase of $1,056,014 (6.5%) over the 2022 budget of $16,179,193. The major changes in the budget include: • An increase of $643,628 for wage and benefit increases. A 3% cost of living adjustment is budgeted for employees along with an increase in the city’s share of health insurance coverage and a comparable cities adjustment. Council salary increases have also been budgeted for 2023. • IT charges to the general fund increased $62,158. Similar to 2022, the charges are based on the new allocation method for indirect charges (number of phones, computers and employees per department), with direct departmental LOGIS IT costs being allocated to the benefitting department. Significant direct allocations to the general fund include the software for body worn cameras (WatchGuard, $30,000), the records management for Police through Law Enforcement Technology Group (LETG, $32,448) and the recreation software ($36,620). • An increase of $145,000 for portable radios for the police department, due to the phase out of their current equipment. It is recommended that a one-time transfer from the temporary financing fund be utilized for this capital expense. Agenda Section Ordinances & Resolutions Item Number 10.2 Request for Action, Page 2 • A compensation study is anticipated for 2023. A one-time transfer from the employee leave fund is recommended to provide funding for the consulting fees. • There is an increase of $133,595 in the budget for West Metro Fire-Rescue District. This increase is to provide funding for the payment on two new fire truck leases. Similar to 2019, it is recommended that the increase in the joint powers agreement be funded with a transfer from the Fire Capital Fund. • There is a $62,661 decrease in central garage charges. Similar to 2022, operations and capital will be funded at 100%. • The city is scheduled to receive $847,830 in LGA (local government aid) in 2023, which is a $18,812 decrease from 2022. The revenue will be utilized in the general fund to offset central garage equipment and building replacement charges; it is not used for general operations. 2023 Tax Levy The tax levy for the general fund is $12,076,955, which is $683,601 or a 6% increase over the 2022 general fund levy of $11,393,354. The total tax levy for 2023, including the general fund, street and park infrastructure funds, economic development and housing and redevelopment authorities, and prior debt levies for City Center, Northwood South and Northwood North infrastructure bonds, the 2017 Police Station/City Hall facility bonds, and the 2018/2019 Pool and Park improvement bonds is $19,053,316. This represents a 4.51% or $822,305 increase over the 2022 levy of $18,231,011. The total tax levy includes a 5% increase in the street and park infrastructure levies to support the long-term funding plans for street and park improvements. An HRA levy of $437,850 is recommended for 2023, which is established as a special taxing district. The EDA levy of $160,650 will be included in the city’s tax rate. Both levies are needed to support the scattered site housing program and other redevelopment due to funding changes in the CDBG program. Overall, the combined debt levies are increasing by $9,070. The median home value for taxes payable in 2023 is $325,000, which is an 18% increase from the median value home in 2022. At this time the estimated impact on residential homes based on the proposed 4.51% increase in the city tax levy is 8%. This is primarily attributed to an estimated 18% increase in the market value of residential homes. For homes valued between $150,000 and $400,000 the tax increase estimate is $61 to $192. The city tax rate is projected to decrease from 62.82% in 2022 to 57.23% in 2023. 2023 Goals/Priorities 1. Hold the line on spending; continue to provide existing services and programs with current resources. 2. Keep the general fund tax levy/property taxes as low as possible (levy limits are not in effect for 2023). 3. Continue to proactively pursue all outside funding opportunities for infrastructure and facility improvements and other programs including public safety, parks and recreation, public works and housing/redevelopment. 4. Implement 5% annual increase in street and park infrastructure levies to fund capital improvements outlined in the Pavement Management and Long-Term Financial Plan. 5. Staff is recommending that the city continue with the EDA levy for redevelopment purposes and an HRA levy to provide additional funding for the scattered site housing program. Overall, the city’s debt service levies will increase for 2023. Request for Action, Page 3 6. Central Garage equipment replacement costs will be funded at 100% in the general fund and staff recommends using LGA funding for that purpose (not general operations). 7. 2023 is not an election year so there is an approximate $40,000 decrease in the elections budget. If any new council members are elected in 2022, appropriate orientation and training will be provided. 8. The overall safety of the general public is always the top priority of the police department and continuing an emphasis on building upon our relationships with residents through our community engagement programs. The Chief of Police is recommending two additional staff members. The first being an Evidence Technician to oversee the evidence room and body worn camera tasks. The second would be a transition of the shared Embedded Social Worker Program from a shared position to New Hope having its sole use because of resident mental health needs and workload. Major CIP items include replacement of half (26) of the portable radios, two (2) stalker radar units, three (3) SWAT vests and bicycles and equipment for the bike unit. 9. Continue support and coordination with West Metro Fire-Rescue District, including emergency preparedness and EOC, in partnership with city of Crystal; continue to support long-term capital plan based on major apparatus report. New Hope’s share of JPA budget to increase approximately $133,000 including annual lease payments for aerial and first year of new engines. Continue to budget annually for Station #3 improvements that are the city’s responsibility ($30,000 per year). 10. Redevelopment will remain a high priority with a continued effort to seek out potential commercial and industrial redevelopment opportunities. Coordinate with St. Therese Nursing Home on their multi-phase renovation project. Continue to coordinate on scattered site housing program and curbside appeal reimbursement program. Property maintenance and inspections will continue as a top priority. 11. Continue with infrastructure and environmental improvements; major CIP projects for 2023 include street/water/sewer/storm water improvements in the Northwood East neighborhood, coordination with MnDOT on the Bass Lake Road/62nd Avenue noise wall on TH 169, and coordination with Hennepin County on 42nd and Boone Avenues signal and watermain replacement, trail, street lighting and monument sign. Continue coordination on both 42nd and 36th Avenue TH 169 bridge replacements and coordinate with JWC on the repainting of south water tower. Plan for phase two public works building expansion. Continue coordination with watershed districts and Northwood/Meadow Lake Associations and make scheduled equipment replacements. 12. In Parks and Recreation, operate the new aquatic facility for a third season. Park CIP projects include replacing playground equipment and basketball court at Liberty Park, Lighted Field baseball project (leveling of field, retrofit lights, new fencing), and purchase/replacement of picnic tables and replacement of older drinking fountains. Improvements at ice arena include south rink project (re-cementing floor, replacement of piping and replace boards/glass), upgrades to concession stand, rebuild ice compressors and replace 3 water heaters and replacement of skate tile in south rink and bleacher caps in the north rink. Golf course improvements include maintenance garage updates, addition of cold storage space, replacement of fire system and updating clubhouse fireplace. The Director of Parks and Recreation is recommending the addition of a golf course superintendent position. Continue movies and music in the Request for Action, Page 4 parks at the performance center and continue to work with OBMT to offer musical performances. Continue to offer a variety of programs including dance, gymnastics, and playground programs. 13. Continue Emerald Ash Borer program on public property and invasive species (buckthorn) removal in parks. 14. Continue contractual arrangement with Abdo for financial oversight, continue to implement technological efficiencies on departmental basis to retrieve budget data, continue to update 10-year financial plan and monitor utility and enterprise fund operations. Continue to work on implementing long-term equipment schedule replacement program for all park and recreation facilities and prepare plan to internally fund phase two public works building and site improvements. 15. Continue contractual agreement with Solution Builders for IT services, continue replacing computers as appropriate in order to keep up-to-date with technological capabilities and meet IT needs of staff. In addition to the day-to-day operations of the city, some highlights of the IT budget include funding for: the city’s share of replacing the LOGIS fiber optic network in 2024, moving to a new police record management system in 2023 or 2024, annual renewal of the body worn camera software, and conduct a request for proposals for a new website in 2023. 16. Conduct city services survey to solicit feedback on city services/projects/issues, continue to encourage/improve public participation in city affairs and promote inclusiveness, continue to promote Nextdoor.com, update performance measurement report and SMART goals and conduct commissioner bus tour and other public events. 17. Continue to update 10-year pavement management and street infrastructure plans and monitor curbside residential organics collection program. 18. Continue participation in Green Steps program and implement actions to potentially achieve higher ranking in program. 19. Staff recommends incorporation of a 3% cost of living adjustment for employees and a 50/50 cost share for employee insurance increases. Staff recommends that funding be budgeted to update the compensation study for non-union employees. Council salary adjustments to be considered for 2023/2024 before the General Election. Resolution The attached resolution adopts the 2023 tax-supported operating budgets of $28,742,201, non-tax supported budgets of $20,039,409 and a tax levy of $19,053,316. The internal service fund category does not add to the expenditure total for the city. These activities, which total $4,202,830, are centralized for cost efficiencies and accounting controls. The service charges are billed to and recorded within each of the benefiting departments included in the operating budgets described above. Request for Action, Page 5 There are rate changes proposed for certain utilities (separate agenda item). The increases have been discussed with Council, as the city faces increased infrastructure and capital costs outlays needed to maintain a reliable utility system. Thanks is extended to the City Council, department heads and Abdo staff for providing input and feedback on the 2023 budget document. After the final budget is adopted the budget narrative from the preliminary budget will be updated and a final budget document sent to the Council and posted on the city’s website. Attachment • Resolution I:\RFA\HR & Admin Svcs\Human Resources\2022\2022 Council Meetings\12122022\10.3 Q&R Non-Union Compensation 12122022.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: HR & Admin Services By: Rich Johnson, Director Agenda Title Resolution authorizing the city manager to implement 2023 Cost of Living (COLA) wage adjustments for non-union employees, pursuant to Council approval Requested Action Staff is requesting approval of the attached resolution authorizing the acting city manager to implement 2023 Cost of Living (COLA) wage adjustments for non-union employees pursuant to City Council approval. This across-the-board increase would apply to all non-union employees, including the city manager. Policy/Past Practice Historically, it has been the past practice of the city to provide all employees (both represented and non- represented) with similar wage increases, and staff is proposing the same across the board increase for 2023 as well. The collective bargaining agreements with Local 49ers, LELS #77, and LELS #273) include a 3.0% COLA increase as well as me-too clauses regarding COLA increases. In a Statutory Plan B city, the City Manager serves as the personnel director and has authority to administer all personnel plans and policies. Background At the September 19 council work session, the 2023 budget was reviewed and Council indicated their support for the proposed COLA as well as the total cost for personnel. At the same work session, staff provided data showing the Consumer Price Index (CPI) increased 8.3% from August 2021 to August 2022 and Council directed staff to bring a Request for Action to the December 12, 2022 council meeting which would implement a 3.0% COLA increase effective January 2, 2023. This 3.0% increase was supported for non-union staff as the city’s three collective bargaining agreements are already settled at 3.0% for 2023. Funding The expense for 3.0% wage adjustments effective January 2, 2023, is included in the proposed 2023 budget. Attachments • Resolution • Proposed 2022 Compensation Plan • City of New Hope Wage Increase History Agenda Section Ordinances & Resolutions Item Number 10.3 City of New Hope Resolution No. 2022 - Resolution authorizing City Manager to implement 2023 wage adjustments for non-union employees pursuant to Council approval WHEREAS, the City of New Hope is a Statutory Plan B City; WHEREAS, the City Manager has authority to administer all personnel plans and policies; and WHEREAS, the City Council approves a budget that designates authorized positions and personnel costs. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Hope, Minnesota, hereby authorizes the City Manager to implement 2023 wage adjustments for non-union employees based on three (3.0) percent effective January 2, 2023. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota this 12th day of December 2022. Mayor Attest:_________________________________________ City Clerk City of New Hope 2023 COMPENSATION PLAN FOR NON-UNION EMPLOYEES Presented to the New Hope City Council December 12, 2022 G:\City Manager\Human Resources\Compensation\Compensation Plans\2023 Comp Plan\2023 Positions.docx Department Position FLSA Status Pay Grade City Manager Administrative Specialist Non-exempt 8 City Clerk - Treasurer Exempt 17 Community Development Administrative Specialist Non-exempt 8 Building Official Exempt 16 CD Coordinator/Management Analyst Exempt 14 Community Development Specialist Exempt 17 Director of Community Development Exempt 21 General Inspector Non-Exempt 13 Housing/Code Enforcement Inspector Non-exempt 11 Office Specialist Non-exempt 6 HR/Administrative Svcs. Accountant Accounting Technician Exempt Non-exempt 13 9 Communications Coordinator Exempt 14 Director of HR and Administrative Services Exempt 21 HR Specialist/IT Coordinator Exempt 15 Police Administrative Specialist Non-exempt 8 Animal Control Officer Non-exempt 8 Community Service Officer Non-exempt 5 Director of Police Exempt 22 Evidence Technician Non- exempt 13 Office Supervisor Exempt 13 Police Clerk, Full-Time/Part-Time Non-exempt 6 Parks & Recreation Administrative Specialist Non-exempt 8 Athletic Supervisor Exempt 15 Director of Parks & Recreation Exempt 21 Golf Superintendent Exempt 15 Office Specialist Non-exempt 6 Recreation Facilities Manager Exempt 17 Recreation Facilities Supervisor Exempt 15 Recreation Supervisor Exempt 15 Public Works Administrative Specialist Non-exempt 8 Central Garage Supervisor Exempt 15 Contract Manager/Forester Non-Exempt 14 Director of Public Works Exempt 22 Operations Manager Exempt 18 Parks/Street Maintenance Supervisor Exempt 15 Stormwater Specialist/Project Coordinator Non-exempt 14 Special Assess/Utility Billing Clerk Non-exempt 9 Utilities Maintenance Supervisor Exempt 15 G:\City Manager\Human Resources\Compensation\Compensation Plans\2023 Comp Plan\Step movement 2023.docx City of New Hope Non-Union Compensation Plan Movement through the steps is based upon length of service AND performance as follows: From Start to Step 1, if performance is Good or above, employee will receive 100% of step movement. Satisfactory, employee will receive 50% of step movement. Unsatisfactory, employee will not pass probation. From Step 1 through Step 6, if performance is Exceptional, employee will receive 125% of step movement (from current step to next). It may take employee fewer than 5 years to move through all steps. Good to Very Good, employee will receive 100% of step movement Satisfactory, employee will receive 50% of step movement (from current step to next). It will take employee longer than 5 years to move through all steps. Unsatisfactory, employee will not receive an increase. Performance will be reviewed upon each anniversary date until employee moves through all six steps. All step increases will become effective the first day of the pay period following the anniversary date (or other appropriate event). Eligibility for Annual Increases after Step 6 Once an employee moves through all progression steps, he/she is eligible for an annual increase, based upon performance, as follows: If performance is Very good to Exceptional, employee will receive new base (annual range adjustment) plus 1%. Satisfactory to Good, employee will receive new base (annual range adjustment). Unsatisfactory, employee will not receive a wage increase. After an employee meets all requirements for Step 6, his/her performance will be reviewed annually, on a calendar year basis. All base increases will become effective the first day of the first full pay period in the following year. The 1% merit adjustment will be paid as a lump sum on the last payday in April of the following year. An employee that leaves City employment prior to the April date for receiving a lump sum payment, may or may not receive that payment or a portion thereof. Each situation will be individually considered. PROPOSED 2023 City of New Hope Non-Exempt (Hourly) Wage Structure w/3% COLA PROPOSED Grade 1 2 3 4 5 6 NE1 17.382 18.078 18.800 19.552 20.335 21.148 NE2 18.424 19.161 19.928 20.725 21.555 22.416 NE3 19.531 20.312 21.124 21.970 22.847 23.762 NE4 20.703 21.531 22.391 23.287 24.218 25.187 NE5 21.944 22.822 23.735 24.684 25.671 26.699 NE6 23.261 24.192 25.159 26.165 27.212 28.300 NE7 24.657 25.643 26.668 27.736 28.845 29.999 NE8 26.136 27.182 28.269 29.400 30.576 31.798 NE9 27.705 28.812 29.964 31.163 32.410 33.706 NE10 29.366 30.541 31.762 33.033 34.355 35.729 NE11 31.128 32.374 33.669 35.015 36.415 37.872 NE12 32.996 34.316 35.689 37.116 38.601 40.145 NE13 34.976 36.375 37.829 39.342 40.917 42.553 NE14 37.075 38.557 40.100 41.704 43.372 45.107 NE15 39.298 40.870 42.505 44.205 45.974 47.813 NE16 41.657 43.322 45.056 46.858 48.733 50.682 NE17 44.156 45.923 47.760 49.670 51.657 53.723 NE18 46.806 48.678 50.626 52.650 54.755 56.947 NE19 49.614 51.598 53.662 55.810 58.041 60.363 NE20 52.591 54.694 56.882 59.157 61.523 63.985 NE21 55.747 57.975 60.295 62.707 65.216 67.823 NE22 59.091 61.455 63.913 66.469 69.127 71.893 NE23 62.636 65.142 67.748 70.457 73.276 76.207 NE24 66.394 69.050 71.812 74.685 77.672 80.780 NE25 70.378 73.193 76.122 79.166 82.333 85.625 Step G:\City Manager\Human Resources\Compensation\Compensation Plans\2023 Comp Plan\2023 Wage Scales PROPOSED 2023 City of New Hope Exempt (Salaried) Wage Structure w/3% COLA PROPOSED Grade 1 2 3 4 5 6 E1 36,857.01 38,332.09 39,863.90 41,458.11 43,117.57 44,842.27 E2 39,066.79 40,629.80 42,255.22 43,945.88 45,704.63 47,531.45 E3 41,412.72 43,069.35 44,791.21 46,584.00 48,444.86 50,385.15 E4 43,897.66 45,653.56 47,477.55 49,378.13 51,352.46 53,406.22 E5 46,530.10 48,390.96 50,328.42 52,339.62 54,433.10 56,611.67 E6 49,321.39 51,295.73 53,346.65 55,479.83 57,700.95 60,007.18 E7 52,282.89 54,373.53 56,546.42 58,810.10 61,161.71 63,609.76 E8 55,417.43 57,635.71 59,941.93 62,338.93 64,832.37 67,425.10 E9 58,744.85 61,093.63 63,536.01 66,077.68 68,721.47 71,470.21 E10 62,268.01 64,758.62 67,348.51 70,043.36 72,846.00 75,759.27 E11 66,003.92 68,644.87 71,390.78 74,244.49 77,214.49 80,303.64 E12 69,963.93 72,763.74 75,674.17 78,700.91 81,849.63 85,123.16 E13 74,162.22 77,129.39 80,212.87 83,421.15 86,759.93 90,229.19 E14 78,612.98 81,756.02 85,026.71 88,427.90 91,965.24 95,644.42 E15 83,327.54 86,660.64 90,127.07 93,732.49 97,482.59 101,383.03 E16 88,328.61 91,860.28 95,536.62 99,357.63 103,331.83 107,464.87 E17 93,627.54 97,374.79 101,269.56 105,320.34 109,532.81 113,912.65 E18 99,247.00 103,215.52 107,345.73 111,637.63 116,102.57 120,749.06 E19 105,201.20 109,408.00 113,785.00 118,337.88 123,069.46 127,993.94 E20 111,512.82 115,972.08 120,612.89 125,435.25 130,453.35 135,672.84 E21 118,204.55 122,930.46 127,849.27 132,963.81 138,282.59 143,811.28 E22 125,296.26 130,308.67 135,519.66 140,940.56 146,577.05 152,440.47 E23 132,813.46 138,126.57 143,652.43 149,396.71 155,373.60 161,588.77 E24 140,781.71 146,412.52 152,270.27 158,360.63 164,694.94 171,284.55 E25 149,229.35 155,197.72 161,407.22 167,863.51 174,577.94 181,559.01 Step G:\City Manager\Human Resources\Compensation\Compensation Plans\2023 Comp Plan\2023 Wage Scales PROPOSED 2023 City of New Hope Exempt (Salaried) Wage Structure Divided by 2080 PROPOSED Grade 1 2 3 4 5 6 E1 17.72 18.43 19.17 19.93 20.73 21.56 E2 18.78 19.53 20.32 21.13 21.97 22.85 E3 19.91 20.71 21.53 22.40 23.29 24.22 E4 21.10 21.95 22.83 23.74 24.69 25.68 E5 22.37 23.26 24.20 25.16 26.17 27.22 E6 23.71 24.66 25.65 26.67 27.74 28.85 E7 25.14 26.14 27.19 28.27 29.40 30.58 E8 26.64 27.71 28.82 29.97 31.17 32.42 E9 28.24 29.37 30.55 31.77 33.04 34.36 E10 29.94 31.13 32.38 33.67 35.02 36.42 E11 31.73 33.00 34.32 35.69 37.12 38.61 E12 33.64 34.98 36.38 37.84 39.35 40.92 E13 35.65 37.08 38.56 40.11 41.71 43.38 E14 37.79 39.31 40.88 42.51 44.21 45.98 E15 40.06 41.66 43.33 45.06 46.87 48.74 E16 42.47 44.16 45.93 47.77 49.68 51.67 E17 45.01 46.81 48.69 50.63 52.66 54.77 E18 47.71 49.62 51.61 53.67 55.82 58.05 E19 50.58 52.60 54.70 56.89 59.17 61.54 E20 53.61 55.76 57.99 60.31 62.72 65.23 E21 56.83 59.10 61.47 63.92 66.48 69.14 E22 60.24 62.65 65.15 67.76 70.47 73.29 E23 63.85 66.41 69.06 71.83 74.70 77.69 E24 67.68 70.39 73.21 76.13 79.18 82.35 E25 71.74 74.61 77.60 80.70 83.93 87.29 Step G:\City Manager\Human Resources\Compensation\Compensation Plans\2023 Comp Plan\2023 Wage Scales I:\RFA\HR & Admin Svcs\Human Resources\2022\2022 Council Meetings\12122022\Wage Increase History.docx CITY OF NEW HOPE WAGE INCREASE HISTORY LELS Officers 49ers Non-Union LELS Supervisors AFSCME IAFF 1984 5.00% 5.00% 7.00% 1985 5.00% 5.00% 4.75% 1986 4.50% 4.00% 4.50% 1987 4.00% 3.00% 4.50% 1988 4.00% 3.50% 3.50% 1989 3.75% 3.50% 4.00% 1990 4.00% 4.00% 4.50% 1991 4.00% 6.00% 1 4.00% 1992 2.75% 2.75% 2.75% 1993 2.75% 2.75% 2.75% N/A N/A 1994 3.00% 3.00% 2.75% 3.00% 3.00% 1995 3.00% 3.00% 3.25%2 3.00%2 3.00% 1996 2.90% 2.90% 2.90% N/A N/A 1997 3.30% 2.90% 2.00%3 1998 3.00% 3.20% 2.25%4 N/A 1999 3.00% 3.00% 2.25% 3.00%5 2000 3.00% 3.00% 2.25% 3.00%6 2001 3.50% 3.00% 3.00% 3.50%7 2002 3.50% 3.00% 3.50% 3.50% 2003 3.50% 3.50% 3.50% 3.50% 20048 1.5%+1.5% 2.3% 2.3% 1.5%+1.5% 20059 3.0% 3.0% 2.0%+2.0% 3.0% 200610 2.0%+1.0% 2.0%+1.0% 2.0%+1/0% 2.0%+1.0% 2007 3.0% 3.0% 3.0% 3.0% 2008 3.0% 3.0% 3.0% 3.0% 2009 (8)1.5%+1.5% 3.0% 1.5%+1.5% 1.5%11 2010 0% 0% 0% 0% 2011 1% 1% 1% 1% 201212 1% Mkt. Adjust. Mkt. Adjust. 1% 2013 1% 0% 0% 1% 2014 2% Mkt.+ 2% 2% 2% 2% 2015 2% 2% 2% 2% 2016 2.5% 2.5% 2.5% 2.5% 2017 Mkt + 2.5% COLA 2.5% 2.5% 2.5% 2018 2.5% 2.5% 2.5% + Mkt13 2.5% 201914 3.0% 3.0% 3.0% 3.0% 2020 3.0% Mkt + 3.0% COLA 3.0% 2021 3.0% 3.0% 3.0% 3.0% 2022 3.0% 3.0% 3.0% 3.0% 2023 Mkt + 3.0% COLA Mkt + 3.0% COLA Mkt + 3.0% COLA 2024 3.0% 3.0% 3.0% 2025 3.0% 3.0% 3.0% 1Out-of-class pay eliminated. Implemented single classification with step system. Movement based upon training, service, and performance. 26.25% non-union and 6.00% AFSCME for part-time employees. 3New Compensation Plan, 2% minimum, 10% maximum, opportunity for 1% lump sum performance pay. 4Continuing with 1% lump sum performance pay. 5Sergeants 3.0%; Captains new position. 6Sergeants 3.0%; Captains 4.0%. 7Sergeants 3.5%; Captains 4.6%. 81.5% January + 1.5% July. 92.0% January + 2.0% July. 102.0% January + 1.0% July. 11Sergeants and Captain received 1.5% in July, however also increased steps in the wage progression as well as added longevity pay at 8 years (Sgt.) and 10 years (Capt.). 12Market adjustment was due to 2010 Compensation Study conducted by Springsted, implemented in 2012. 13On 5/14/18 Non-Union Non-Exempt and Non-Union Exempt employees received 1.5% and 2.5% market adjustments respectively. On 12/10/18, Non-Union Non-Exempt and Non-Union Exempt employees received an additional market rate adjustment to total 3% and 5% respectively for the year to implement the 2017 Compensation Plan Update which was approved by the city council on April 23, 2018. 14On 1/7/2019 all regular NH employees are scheduled to receive a 3.0% COLA due to a proposed 3.0% COLA for non-union employees and “me-too” clauses in each of the three labor agreements granting Local 49, LELS #77, and LELS #273 the same COLA as any another group. i:\rfa\city manager\2022\fee schedule 2023\10.4 q&r fee schedule.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: City Manager By: Valerie Leone, City Clerk-Treasurer Agenda Title Resolution approving updated Fee Schedule Requested Action Staff requests Council’s consideration of an updated fee schedule for fees and charges related to licenses, permits, and programs including: animal, business, rental registration, park and recreation, fire prevention, planning and zoning, utility, franchise, administrative citations, and other miscellaneous fees. Policy/Past Practice The city reviews charges for services and programs during the annual budget process. Background The initial Fee Schedule was adopted on January 23, 2017, to replace chapter 14 of the city code. The fee schedule serves as an all-inclusive document for city charges. Many cities use a fee schedule and the League of Minnesota Cities supports the practice. The fee schedule was adopted with the understanding that it would be reviewed on an annual basis in conjunction with the budget process and that any subsequent changes to the fee schedule would be adopted by a resolution. Modifications to the fee schedule proposed for 2023 include: • Utility rate increases (discussed at work session during budget review) • Park and recreation program fees – minor fee increases • Franchise fee rate increases (approved 11/28/22) • THC business license fee (new ordinance adopted 11/28/22; license fee $500) • Pawn shop license fee (increase from $2,500 to $4,000) Memorandums have been included to explain increases to utility rates and parks and recreation program increases. Attachments • Resolution • Memorandum from AEM regarding utility rates • Utility Rate Sheet • Memorandum from P&R Director • Fee Schedule Agenda Section Ordinances & Resolutions Item Number 10.4 City of New Hope Resolution No. 2022- Resolution approving updated Fee Schedule WHEREAS, the city provides services and programs to the residents of the community, and WHEREAS, fees for services and programs should be revised or amended to reflect current costs of providing the programs and services, and WHEREAS, the city budget is established based on revenue projections of proposed fees. WHEREAS, the City Council instituted a fee schedule on January 23, 2017, and agreed to consider periodic updates. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of New Hope, Minnesota hereby approves the updated Fee Schedule as attached. BE IT FURTHER RESOLVED that the Fee Schedule will be on file in the City Clerk’s office and posted on the city’s website. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 12th day of December, 2022. ____________________________ Mayor Attest: __________________________ City Clerk MEMO TO: TIM HOYT, ACTING CITY MANAGER FROM: VICKI HOLTHAUS, ABDO FINANCIAL SOLUTIONS, LLC SUBJECT: PROPOSED UTILITY RATE INCREASES FOR 2023 DATE: 12/5/2022 Background On October 17, 2022, Abdo presented a memo summarizing the 2023 proposed budget for the City’s enterprise funds. The memo highlighted the need for a rate increase to support increases in operating costs (JWC and Met Council), debt service (street improvement bonds) and growing infrastructure needs as highlighted in the City’s ten-year capital improvement plan. It was recommended that the following increases be approved for 2023:  Water, 4%;  Sewer, 4%;  Street Lights, 5%;  Recycling, $1.00; and  Storm Drainage, 4%; The City Council requested that Staff put together a calculation to show the estimated impact on a typical user. That information follows. Impact on Typical Residential User A typical residential user in New Hope consumes approximately 5,000 gallons of water, monthly. That assumption has been used to calculate the impact of the proposed rate increases as follows. Water In 2022, a typical residential user pays $48.70 each month for water. The proposed 4 percent increase for 2023 will result in a $50.54 monthly bill, an increase of $1.84 per month. Sewer In 2022, a typical residential user pays $38.81 each month for sewer. The proposed 4 percent increase for 2023 will result in a $40.39 monthly bill, an increase of $1.58 per month. 2 Storm Drainage In 2022, a typical residential user pays $9.13 each month for storm drainage. The proposed 4 percent increase for 2023 will result in a $9.50 monthly bill, an increase of $0.37 per month. Recycling In 2022, a residential customer pays $4.00 each month for recycling. The proposed 25 percent increase for 2023 will result in a $5.00 monthly bill, an increase of $1.00 per month. Streetlight In 2022, a residential customer pays $1.45 each month for streetlights. The proposed 5 percent increase for 2023 will result in a $1.52 monthly bill, an increase of $0.07 per month. Total Bill In 2022, a typical residential user would have paid $102.09 each month for these utility services. The proposed rate increases for 2023 will result in a $106.95 monthly charge, an increase of $4.86 per month. 2022 2023 Change Water 48.70$ 50.54$ 1.84$ Sewer 38.81 40.39 1.58 Storm 9.13 9.50 0.37 Streetlight 1.45 1.52 0.07 Recycling 4.00 5.00 1.00 102.09$ 106.95$ 4.86$ 4% w a t e r , s t o r m dr a i n a g e , s e w e r an d 5 % s t r e e t li g h t i n g a n d $ 1 ( 25 % ) r e c y c l i n g in c r e a s e 4% w a t e r , s t o r m dr a i n a g e , s e w e r an d 5 % s t r e e t li g h t i n g a n d 6 . 6 7 % re c y c l i n g i n c r e a s e 5% w a t e r , s t o r m dr a i n a g e , s t r e e t li g h t i n g , a n d se w e r , a n d 0 % re c y c l i n g i n c r e a s e 5% w a t e r , s t o r m dr a i n a g e a n d st r e e t l i g h t i n g , 5 % se w e r , a n d 2 . 7 4 % re c y c l i n g i n c r e a s e 5% w a t e r , s t o r m dr a i n a g e a n d st r e e t l i g h t i n g , 7. 5 % s e w e r , a n d 0% r e c y c l i n g in c r e a s e 5% water, street lighting and storm drainage, 7.5% sewer, and 0% recycling increase5% water and storm drainage, 7.5% sewer and 2.8% recycling increase Ja n u a r y 2 0 2 3 J a n u a r y 2 0 2 2 J a n u a r y 2 0 2 1 J a n u a r y 2 0 2 0 J a n u a r y 2 0 1 9 J a n uary 2018 January 2017 SE R V I C E D E S C R I P T I O N M O N T H L Y M O N T H L Y M O N T H L Y M O N T H L Y M O N T H L Y M O N T H L Y M O N THLY WA T E R C H A R G E S A R E B A S E D O N U S A G E - C H A R G E S A R E : Em e r g w a t e r s u p p l y / w a t e r m a i n r e p a i r f e e ( o r d 2 0 1 5 - 1 4 ) $ . 5 0 / 1 , 0 0 0 g a l l o n s $0 . 5 0 $ 0 . 5 0 $ 0 . 5 0 $ 0 . 5 0 $ 0 . 5 0 $ 0 . 5 0 $ 0 . 5 0 ( f i x e d c h g ) * BA S E F E E ( R E S I D E N T I A L A N D C O M M E R C I A L ) $1 0 . 0 8 $ 9 . 6 9 $ 9 . 3 2 $ 8 . 8 7 $ 8 . 4 5 $ 8 . 0 5 $ 7 . 6 7 1 - 1 0 , 0 0 0 G A L L O N S $7 . 4 3 $ 7 . 1 4 $ 6 . 8 7 $ 6 . 5 4 $ 6 . 2 3 $ 5 . 9 3 $ 5 . 6 5 10 , 0 0 1 - 2 0 , 0 0 0 G A L L O N S $8 . 0 7 $ 7 . 7 6 $ 7 . 4 7 $ 7 . 1 1 $ 6 . 7 7 $ 6 . 4 5 $ 6 . 1 4 GR E A T E R T H A N 2 0 , 0 0 0 G A L L O N S A N D I R R I G A T I O N $9 . 0 8 $ 8 . 7 3 $ 8 . 4 0 $ 8 . 0 0 $ 7 . 6 2 $ 7 . 2 5 $ 6 . 9 1 CO M M E R C I A L $7 . 5 9 $ 7 . 3 0 $ 7 . 0 2 $ 6 . 6 9 $ 6 . 3 7 $ 6 . 0 6 $ 5 . 7 8 SE W E R * WI N T E R S E W E R C H A R G E S A R E B A S E D O N A C T U A L W A T E R U S E D D U R I N G DE C , J A N , F E B , M A R . S U M M E R S E W E R C H A R G E S A R E B A S E D O N T H E PR E V I O U S W I N T E R ' S A V E R A G E O R A C T U A L W A T E R U S E D , W H I C H E V E R I S LO W E R . C H A R G E S A R E : ( f i x e d c h g ) * MI N I M U M F E E I N C L U D E S T H E 1 S T 1 , 0 0 0 G A L L O N S $1 0 . 1 0 $ 9 . 7 1 $ 9 . 3 4 $ 8 . 9 0 $ 8 . 4 7 $ 7 . 8 8 $ 7 . 3 3 EA C H A D D I T I O N A L 1 , 0 0 0 G A L L O N S $6 . 7 1 $ 6 . 4 5 $ 6 . 2 0 $ 5 . 9 1 $ 5 . 6 3 $ 5 . 2 3 $ 4 . 8 7 TR E A T M E N T S U R C H A R G E / 1 , 0 0 0 G A L $0 . 6 9 $ 0 . 6 6 $ 0 . 6 3 $ 0 . 6 0 $ 0 . 5 7 $ 0 . 5 3 $ 0 . 4 9 ST R E E T LI G H T S TH E S T R E E T L I G H T C H A R G E I S A S S E S S E D A G A I N S T A L L U T I L I T Y AC C O U N T S . T H E F E E I S U S E D T O P A Y F O R S T R E E T L I G H T S T H R O U G H - OU T T H E C I T Y . pr o - r a t e d NO N - D E C O R A T I V E ( O v e r h e a d P o w e r ) $1 . 5 2 $ 1 . 4 5 $ 1 . 3 9 $ 1 . 3 2 $ 1 . 2 6 $ 1 . 2 0 $ 1 . 1 4 DE C O R A T I V E - ( U n d e r g r o u n d P o w e r ) $2 . 1 9 $ 2 . 0 9 $ 1 . 9 9 $ 1 . 9 0 $ 1 . 8 1 $ 1 . 7 2 $ 1 . 6 4 RE C Y C L I N G pr o - r a t e d TH E C I T Y I S R E Q U I R E D , B Y S T A T E A N D C O U N T Y L A W , T O P R O V I D E A RE C Y C L I N G P R O G R A M F O R I T S R E S I D E N T S . T H I S S E R V I C E I S A U T I L I T Y SE R V I C E A N D E V E R Y P R O P E R T Y I S A S S E S S E D T H E F E E . T H E R A T E CH A R G E D I S N O T B A S E D O N H O W O F T E N O R H O W M U C H A R E S I D E N T US E S T H E P R O G R A M $5 . 0 0 $ 4 . 0 0 $ 3 . 7 5 $ 3 . 7 5 $ 3 . 6 5 $ 3 . 6 5 $ 3 . 6 5 ST O R M DR A I N A G E TH E S T O R M D R A I N A G E C H A R G E I S A S S E S S E D A G A I N S T A L L P R O P E R T Y IN N E W H O P E . T H E F E E P A Y S F O R C L E A N I N G , M A I N T E N A N C E , A N D IM P R O V E M E N T S T O T H E S T O R M D R A I N A G E S Y S T E M T H R O U G H O U T T H E CI T Y . pr o - r a t e d CH A R G E S A R E : R E S I D E N T I A L $9 . 5 0 $ 9 . 1 3 $ 8 . 7 8 $ 8 . 3 6 $ 7 . 9 6 $ 7 . 5 9 $ 7 . 2 2 NO N R E S I D E N T I A L $1 4 . 2 5 $ 1 3 . 7 0 $ 1 3 . 1 7 $ 1 2 . 5 4 $ 1 1 . 9 5 $ 1 1 . 3 8 $ 1 0 . 8 4 ST A T E T E S T I N G (f i x e d c h g ) EV E R Y P R O P E R T Y C O N N E C T E D T O M U N I C I P A L W A T E R I N T H E S T A T E O F MI N N E S O T A I S C H A R G E D A N A N N U A L $ 9 . 7 2 ( e f f e c t i v e J a n . 1 , 2 0 2 0 ) CO N N E C T I O N F E E . T H I S F E E I S C O L L E C T E D B Y T H E C I T Y A N D P A I D T O TH E M N D E P T O F H E A L T H F O R W A T E R T E S T I N G T H R O U G H O U T T H E ST A T E . $0 . 8 1 $ 0 . 8 1 $ 0 . 8 1 $ 0 . 8 1 $ 0 . 5 3 $ 0 . 5 3 $ 0 . 5 3 WA T E R * CI T Y O F N E W H O P E R A T E S Memorandum To: New Hope City Council From: Susan Rader, Director of Parks and Recreation Date: December 1, 2022 Subject: 2023 Fees for Parks & Recreation Staff is requesting that the Council approve fees and charges for 2023 for Parks and Recreation programs and facilities. The 2023 budgets as presented on this agenda contain revenue projections that include user fees based on the listing attached. When setting fees, staff may also survey other local cities to make sure New Hope’s fees and charges are neither too high nor too low. These fees have been discussed in conjunction with the review of the 2023 budgets and include some minor increases. Several recreation program fees will increase slightly for 2023. These increases are based on the need to offset higher expenses for specific programs. Some facility fees will have minimal increases including field rental and gym rentals. Most fees for the aquatic park will increase, except for lap swim/water walking punch cards and swim team storage. Season passes will increase $5 per pass and daily admissions will increase $1. The golf course greens fees will increase $.50 for adults and seniors and season passes will also increase slightly. League fees and clubhouse rentals will increase by $5. At the ice arena, the prime-time ice rental rate will increase by $5, starting September 1st and the off-season rental rate will also increase by $5. Skating lesson fees will increase slightly, and storage space fees will increase $50. Staff reviewed the fee schedule increases with the acting city manager, and he is in agreement with the recommendations. 2023 Fee Schedule, City of New Hope Page 1 City of New Hope Fee Schedule Preface The New Hope City Council instituted a Fee Schedule beginning in 2017 for licenses, permits, and other city fees. Fee Schedule rates supersede amounts in city ordinances or policies dated prior to implementation of the adopted Fee Schedule. The Fee Schedule shall be periodically updated and approved by resolution. The most current version of the Fee Schedule will be published on the city website. A state surcharge is imposed on several permit types: building, plumbing, heating, ventilating, air conditioning, refrigeration, building moving, sewer, water connection, and fire suppression. Table of Contents Licenses (animal, business) ........................................................................................................................................................ 2-3 Licenses (rental registration) ........................................................................................................................................................ 4 Parks and Recreation (swimming pool, program fees, golf course, ice arena) ................................................................... 5-7 Permits (fire prevention, property and public street) .......................................................................................................... 8-11 Planning and Development (planning and zoning fees) ....................................................................................................... 12 Utility and Franchise Fees .......................................................................................................................................................... 13 Miscellaneous (administrative citations and miscellaneous fees) ......................................................................................... 14 2023 Fee Schedule, City of New Hope Page 2 LICENSES (Animal, Business, Rental) Animal Licenses Annual Fee City Code Animal boarding and impound fees $33 per day of boarding; $30 per impound 7-2(4) Dog, cat, ferret (no charge for indoor cats and ferrets). No charge for certified service animals. License expires simultaneously with rabies vaccination term. $15 if neutered or spayed; $30 if unaltered; $1 for duplicate tag 7-2(1) 7-2(a)(b) Dog kennel or cat shelter $50 7-4(c) Dangerous and potentially dangerous animals: Registration of potentially dangerous animal Registration of dangerous animal Appeal of potentially dangerous animal declaration Appeal of dangerous animal declaration Dangerous animal warning sign (provided by city) Dangerous animal collar tag (provided by city) No fee $250 $50 $100 plus cost of hearing $7.50 $3.50 7-3 Permit to exceed three animal limit (eliminated from city code on 9/13/21 by ordinance 21-04) $35 annual renewal for permits issued prior to 2022 (grandfathered in) 7-6(8) Business Licenses Annual Fee (calendar year) City Code Alarm systems $25 residence - one time; $25 commercial – annually; $25 renewal late fee (commercial) 8-34(d) 8-34(d)(5) Bowling alleys $15 per lane 8-8(c) Car wash $55 8-13(d) Carnivals and circuses $65 8-18(b) Charitable gambling $150 investigation fee 8-26(b)(1) Fireworks $125 8-40 Garbage and refuse collectors $150 plus $50 each vehicle 8-14(b) Gasoline, diesel fuel and liquefied petroleum gas $50 per station plus $5 for each hose; $10 per pump (nonpublic) plus $1 for each hose; $25 (wholesale or gas storage plant) 8-4(c) Ice cream truck vendors - registration $50 $150 investigation fee 8-6(d)(14)g Laundromat $55 8-12(c) Lawn fertilizer application control $100 plus $25 each vehicle 8-32(d) Liquor: 10-10 Intoxicating liquor: On-sale $6,000 Off-sale $380 - eligible for fee reduction per MS 340A.408 subd 3(c) Sunday on-sale $200 Club on-sale (fee depends on membership) $300-$3,000 per M.S. 340A.408 subd 2(b) Wine: On-sale $2,000 Sunday on-sale $200 Brewpub: 4-16(e)11 On-sale intoxicating liquor/malt liquor $6,000 On-sale 3.2 percent malt liquor only $500 Sunday off-sale malt liquor only $100 2023 Fee Schedule, City of New Hope Page 3 Brewery taproom malt liquor: On-sale $500 Off-sale $100 3.2 percent malt liquor: On-sale $500 Off-sale $100 Microdistillery cocktail room: 4-16(e)12 On-sale $500 Off-sale $100 Temporary on-sale (per event) $50 10-9(d) Fees for liquor licenses granted after commencement of calendar year are pro-rated on a quarterly basis (not applicable for Temporary 3.2 malt liquor licenses) 10-10(c) Liquor Background Investigation: Within state Outside of state $500 Actual cost (not to exceed $10,000) or $500 whichever is greater 10-16 Outdoor sales of seasonal farm produce $100 8-31(c) Pawn brokers, precious metal dealer $4,000 plus per transaction fee of $2/modem or $3/manual $500 application fee $500 investigation fee 8-33 Pinball machines, video games, computer game/technology and pool tables $15 per location plus $5 per device; $500 special event permit/year 8-9(b) Secondhand dealers $200 $200 application fee 8-33(j)(3) Sexually oriented business $5,000 $500 investigation fee 8-27(d) Solicitor, peddler, hawker and transient merchant (includes mobile food units) - registration $50 8-6 Tattoo/body piercing establishments $300 $400 investigation fee 8-29(f) THC – Consumable Tetrahydrocannabinol products $500 Up to $500 investigation fee 8-41(1) 8-41(d)(3) Therapeutic massage: Enterprise Therapist $100 $100 $300 investigation fee 8-35(g) Tobacco and related products $250 8-7(c) Trailer and truck rental $40 8-16(d) New applications made after June 30 are subject to 50% reduced fee except liquor licenses which are pro-rated quarterly. Not applicable to background investigation fees. Renewals after December 1 are subject to $100 late fee if paid 1-30 days late and $500 late fee if >30 days late 8-2(d) The city will retain at least 50% of license fee if an applicant withdraws business license application. 8-2(b), 14-1(c) 2023 Fee Schedule, City of New Hope Page 4 Rental Licenses Annual Fee City Code Point-of-conversion $750 shall include annual registration fee; up to $500 may be waived or reimbursed to property owner if conditions of subsection 3-31 (e)(7) of code are satisfied 3-31(e)(7) Single-family $95 3-31 Two-family $190 3-31 Three or more $175 per building plus $20 for every unit therein 3-31 Best practices participant $100 per building plus $15 for every unit therein 3-31 Late fees If registration is not made within the time set forth in section 3-31, fee shall double 3-31(e)(5) 2023 Fee Schedule, City of New Hope Page 5 PARK & RECREATION (Swimming Pool, Program Fees, Golf Course, Ice Arena) Swimming Pool (10-week season) Fee City Code Coupon book $90 Daily admission $11 Daily Admission 55+, military, beginning at 5 pm $10 Lap Swimming/Water Walking $50 punchcard or $6 Pavilion Rental w/2.5 hr slot $40-50 Season pass $65-95 Swim Lessons – group $60 Swim Lessons – private - Swim Misc Classes $6-8/class Swim Team Rental by the hour $115 practices; $220 a.m. meets; $290 all- day meets Storage spaces for local swim clubs (per year) $550 Youth/Teens Recreation Programs Fee may depend on session length City Code Art/Craft Classes $15-53 Ball Programs $42-67 Camps $28-83 Dance Classes $10-212 Drama Classes $48-78 Family Fun Night $7-10 Flag Football $75-85 Gymnastics $49-261 Once Upon a Star Classes $25-57 Open Gym Gymnastics $24-59 Pee Wee Tennis $51 Pickleball $69-78 Playground Activities $39-47 Red Cross Babysitting $78-149 Revolutionary Sports programs $37-257 Safety Camp $55 Science Classes $20-87 Skateboard Camp $53-93 Soccer $42-67 Specialty Classes $15-200 Sports of Sorts $42 Target & Xcel Center Ticket Sales Fees vary with Destination Teen Events $5-15 Tennis Lessons $65-80 Tumbling Tots $63-81 Weight Training & Conditioning Camp $40-71 Wet N Wild Day $3-$5 Wrestling $49-78 Young Mudder $25 Adult Recreation Programs Fee may depend on session length City Code Bocce Ball League $25/team Bocce Ball League – Winter Ice $50/team Community Tripsters Vary w/Destination 2023 Fee Schedule, City of New Hope Page 6 Co-Rec Softball $545-855/team CPR $73 Defensive Driving $26-28 Donut Make You Wonder $3 Fitness Classes $65 Fitness in the Park $3 Men's Basketball $600/team 3x3 Basketball $200/team Men's Fall Softball $480/team Men's Summer Softball (Industrial and Open) $525-910/team Miscellaneous $20-70 Pickleball Lessons $67-76 Tennis Leagues $26-32 Tennis Lessons $60 Miscellaneous (sales tax additional) Outdoor rates effective January 1; Indoor rates effective September 1 City Code Ballfields - Rental $65-76 per game $190 all day tournaments Community Gyms: Batting Cage Rental Court Rentals Concession Stand Rental Concession Stand Damage Deposit $20 per hour $45-71 per court, per hour $270-395 full day, full facility (10 hr max) $220 per event $100 Park Pavilions: Rental (includes sales tax) Damage/compliance fee deposit $93-111 /5-hour time slot $165-199 /full day $200 Park Shelter Buildings: Winter Season and/or Hockey Rink Rental Summer Season Key Deposit Damage/compliance fee deposit $47-67 per hour $27-32 per hour $30 $200 Misc. Storage Space Rental for youth associations $650 per year Storage Building - Local youth sport associations pay monthly lease fee for the building. Lease runs June 1 to May 31. $420 per month Tennis Court and Disc Golf course Rental per hour $25-30 per court Non-resident program fees $7 & $13 Golf Course Fee City Code Adult Greens Fees $16 Senior Greens Fees $14 Junior Greens Fees $9.50 Second Round $9 Tournament Rounds (groups 24 or >) $12 Adult Season Pass $385 Senior Season Pass $350 Junior Season Pass $160 Additional Season Pass from same household $170 Family Season Pass $550 2023 Fee Schedule, City of New Hope Page 7 Resident Season Pass - Single $305 Resident Season Pass - Family $525 Adult Pass Book with 20 rounds $300 Senior Pass Book with 20 rounds $270 Jr Pass Book with 10 rounds $90 Senior Punch Card 18 rounds $220.50 Senior Punch Card 9 rounds $114.75 Adult Punch Card 18 rounds $256.50 Adult Punch Card 9 rounds $132.75 Couples League $60 Junior League $15 Men's League $30 Senior League $30 Women's League $30 Adult Golf Instruction $80 Youth Instruction $55 Adult/child instruction program $90 1/2 Swing for Youth $110 Full Swing Program for Youth $175 Golf Cart Rental - Adult $15 Golf Cart Rental - Senior $12 Pull Cart Rental $3 Club Rental $5 Clubhouse Patio Rental per hour $30 Clubhouse rental (sales tax is additional); for small groups of 1-49. Rate change effective September 1. $150-$175/3 hours; additional hours $50-$55 each hour Clubhouse rental (sales tax is additional); for groups of 50 or more. Rate change effective September 1. $370-$420/6 hours; additional hours $55-60 each hour Police Officer staffing (if rental group is serving alcohol) $85/hour Ice Arena Fee City Code Ice Rate Per Hour Prime Season- Prime Hours. Effective September 1. $230 Ice Rate Per Hour Prime Season- Off Hours. Effective September 1. $185 Ice Rate Per Hour Off Season- All hours. Effective March 1. $185 Skate Sharpening $5 Skate Rental $3 Open Hockey per session $6 Open Skating per session $5 Skating Lessons - group (fee per lesson) $11.50 Skating Lessons – privates $210-307 Skating lessons non-resident fee $7 Locker Room (fee per season) $700 Storage Spaces (fee per season) $700 2023 Fee Schedule, City of New Hope Page 8 PERMITS (Fire Prevention, Property and Public Street) Fire Prevention Fee City Code Fire control costs Full amount of expenses incurred by city applicable to nonresidents or nontaxpayers or persons issued open burning permits 9-9 Fire protection system (installations or alterations) $50 for first $1,000 in value or fraction thereof and $5 for each additional $500 in value or fraction thereof 3-1(a)(7) 9-10 Hood and duct inspection $50 9-9 Open burning permit Recreational Thawing frozen ground No charge $25 9-9 Special hazard $125 9-10 Property and Public Street Fee City Code Administrative: Commercial/industrial Residential $100 $50 4-31 Building: Egress windows 1-2 family roofing Valuation $1 to $500 Valuation $501 to $2,000 Valuation $2,001 to $25,000 Valuation $25,001 to $50,000 Valuation $50,001 to $100,000 Valuation $100,001 to $500,000 Valuation $500,001 to $1,000,000 No charge (contractor license search fee applicable) $124.50 $23.50 $23.50 for the first $500 plus $3.05 for each additional $100 or fraction thereof, to and including $2,000 $69.25 for the first $2,000 plus $14 for each additional $1,000 or fraction thereof, to and including $25,000 $391.25 for the first $25,000 plus $10.10 for each additional $1,000 or fraction thereof, to and including $50,000 $643.75 for the first $50,000 plus $7 for each additional $1,000 or fraction thereof, to and including $100,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000 or fraction thereof, to and including $500,000 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000 or fraction thereof, to and including $1,000,000 3-1(a) 2023 Fee Schedule, City of New Hope Page 9 Valuation $1,000,000 and up Construction work begun prior to acquisition of building permit Contractor license search $5,608.75 for the first $1,000,000 plus $3.65 for each additional $1,000 or fraction thereof Double fee $5 Building plan check: Initial Additional plan review required by changes, additions, or revisions to approved plans For use of outside consultants for plan checks and inspections 65% of building permit fee $50/hour (1/2 hour minimum charge) Actual cost 3-1(a) Building inspection (missed/additional inspection, re-inspection, or inspection outside of normal business hours) $60 per hour, plus $60 for each subsequent hour or fraction thereof 3-30 Building Moving $100 3-24 Business use certificate of occupancy (BUCO) $25 3-33 Courtesy Bench fee: Initial permit fee Annual renewal fee $75 $50 6-16 Discharge of percolating water permit fee $100 6-10(c)3 Driveway/street excavation $50 if curb cut work; $25 if no curb cut work is required 6-7(a) Electrical: New or repair service/power supply Sub-panel 0—300 amp 400 amp Each additional 100 amp Solar Panels: 0 - 5,000 watts 5,001 - 10,000 watts 10,001 – 20,000 watts 20,001 – 30,000 watts 30,001 – 40,000 watts Feeders/circuits: 0—30 amp 31—100 amp Each additional 100 amp Transformers and generators: 0—10 KVA 11—74 KVA 75—299 KVA 300 or more $100 per residential panel replacement $40 each $50 $58 $14 $60 $100 $150 $200 $250 $8 $10 $5 $10 $40 $60 $150 3-2(a)(3) 2023 Fee Schedule, City of New Hope Page 10 Apartment buildings Retrofit lighting Traffic signals $80 per unit which does not include service and house wiring $0.65 per fixture (ballast and lamps only); new fixtures are subject to per circuit fee $7 per standard, street and light; $4 per pole Sign transformers Remote control or signal wiring Swimming pools Trip Fee $8 per unit $.75 per device $100 (2 trips) $50/trip Excavation /grading: 50 cubic yards or less 51 to 100 cubic yards 101 to 1,000 cubic yards 1,001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 cubic yards or more Plan check: 50 cubic yards or less 51 to 100 cubic yards 101 to 1,000 cubic yards 1,001 to 10,000 cubic yards 10,001 to 100,000 cubic yards $15 $22 $22.50 for the first 100 cubic yards, plus $10.50 for each additional 100 cubic yards or fraction thereof $117 for the first 1,000 cubic yards, plus $9 for each additional 1,000 cubic yards or fraction thereof $198 for the first 10,000 cubic yards, plus $40.50 for each additional 10,000 cubic yards or fraction thereof $562.50 for the first 100,000 cubic yards, plus $22.50 for each additional 10,000 cubic yards or fraction thereof No Fee $15 $22.50 $30 $30 for the first 10,000 cubic yards, plus $15 for each additional 10,000 cubic yards or fraction thereof 3-1(a) 2023 Fee Schedule, City of New Hope Page 11 100,001 to 200,000 cubic yards 200,001 cubic yards or more Additional plan review required by changes, additions or revisions to approved plans $165 for the first 100,000 cubic yards, plus $9 for each additional 10,000 cubic yards or fraction thereof $255 for the first 200,000 cubic yards, plus $4.50 for each additional 10,000 cubic yards or fraction thereof $42 per hour (minimum charge ½ hour) Home-based business No charge 4-3(g) Limited storm sewer connection permit fee $100 6-10(c)3 Mechanical and Plumbing: Water heater Valuation $0 to $500 $501 to $1,000 $1,001 to $5,000 $5,001 to $10,000 $10,001 to $25,000 $25,001 to $50,000 $50,001 and over $50 Single-Family-$25; Commercial-$40 $25 + 2.5% of $500 or fraction thereof $35 + 2.25% of $1,000 or fraction thereof $125 + 2% of $5,000 or fraction thereof $225 + 1.75% of $10,000 or fraction thereof $490 + $1.5% of $25,000 or fraction thereof $875 + 1.25% of fraction over $50,000 3-1(a) Point of sale: 1-2 family Multi-family Temporary certificate of property maintenance $160 per unit $160 for first unit, $20 for each add’l unit $80 3-30, 3-32 3-32(e)(2) Public easement and right of way vacation application Actual cost (minimum $200 charge) 6-9(b)3 Right-of-way management regulation: Annual registration Excavation permit $50 $350 6-14 Sign: Permanent Temporary $100 $40 per 7 days, 10 permits per year maximum 3-50 Fees double for many permits if work commences without permit 3-1 (c) 2023 Fee Schedule, City of New Hope Page 12 PLANNING & DEVELOPMENT (Planning and Zoning) Planning Fee City Code Administrative lot consolidation/minor subdivision review $200 13-1(g) Comprehensive sign plan $200 zoning; $200 deposit* 3-50(k)(5) Conditional use permit (R-1 & R-2) $200 zoning; $300 deposit* 4-33 Conditional use permit (all others) $500 zoning; $1,500 deposit* 4-33 Conduit Debt application fee $750 non-refundable application fee and $5,000 deposit plus admin fee below Policy Conduit Debt administrative fee (projects within city limits) .5% of bond issue Policy Conduit Debt administrative fee (projects outside city limits) 1% of bond issue Policy Conduit Debt Refunding administrative fee $2,500 non-refundable application fee and .025% of the bond issue plus out of pocket costs (rate is .50% of bond issue if original financing was not completed with the city of New Hope) Policy Land use confirmation/zoning letter $50 Land use petition sign $15 deposit per sign 1-4(b)(5) Planned Unit Development $1,000 zoning; $1,500 deposit* 4-24, 4-34 Rezoning/text amendment $500 zoning; $1,000 deposit* 4-30 Site plan review $400 zoning; $750 deposit* 4-35 Subdivision & platting $500 zoning; $1,000 deposit* 13-3 Tax Abatement assistance $5,000 deposit Policy Tax Increment Finance $10,000 deposit Policy Vacation of easement $325 zoning; $500 deposit* 6-9 Variances (R-1 & R-2) $150 zoning; $300 deposit* 4-36 Variances (all others) $500 zoning; $1,500 deposit* 4-36, 13-10 *There are three city consultants - legal, planning, and engineering - that generate additional expenses. *Expenses incurred that exceed the amount of the zoning deposit will be billed and are the responsibility of the applicant. Park Dedication Fee Fee City Code One-family dwelling $3,000 per unit 13-7(i) Two-family dwelling $1,500 per unit 13-7(i) Three+ family dwelling $1,000 per unit 13-7(i) Commercial and/or industrial subdivisions $5,000 per acre 13-7(i) 2023 Fee Schedule, City of New Hope Page 13 UTILITY AND FRANCHISE FEES Service Annual Fee City Code Electronic transponders Actual cost 5-4(9)c Recycling service $5.00/month 9-11(k)(1) Sanitary sewer rates $10.10 minimum (includes 1,000 gallons) $6.71 for each additional 1,000 gallons $.69 surcharge per 1,000 gallons 5-3(d)1 Sewer availability charge (SAC) Fee set by Metropolitan Council Environmental Services Board 5-3(b)6 Sewer connection or repairs permit $100 5-3(b) Stormwater utility rate: Single and two-family residential parcels All other residential, commercial and ind parcels $9.50 per REF $14.25 per REF 5-3(e)(2) Street light: Non-decorative (underground power) Decorative (overhead power) $1.52/month $2.19/month 6-5(c) Sump pump connection state surcharge Sump pumps/non-compliant properties $100/month fine 5-1(d)7 Sump pump winter discharge into sanitary sewer $100/month 5-1(d)(8) Water connection or repairs permit $100 5-3(b) Water meter - original or replacement Actual cost plus $20 handling fee Water meter - manual meter reading fee $200/month 5-4(9)e Water - Residential usage - base fee 1-10,000 gallons 10,001-20,000 gallons Over 20,000 gallons $10.89/month (includes $.81 state fee) $7.43/1,000 gallons $8.07/1,000 gallons $9.08/1,000 gallons 5-4 Water - Commercial and Institutional All usage except lawn irrigation Separately metered law irrigation $10.89/month (includes $.81 state fee) $7.59/1,000 gallons $9.08/1,000 gallons 5-4 Water - emergency water supply/watermain repair $.50/1,000 gallons 5-4(9)e Water disconnection and reconnection $50 per disconnection event $50 per reconnection event (after normal business hours or holidays are subject to additional fees) Penalty of past due water or sewer charge 5% or $.50 whichever is greater 5-4(9)(e)2 Franchise Fees Fee City Code Franchise – Electricity 12-20 Residential $4/month Small Commercial & Industrial - Non-Demand $7/month Small Commercial & Industrial - Demand $31/month Large Commercial & Industrial $135/month Franchise – Gas 12-10 Residential $4/month Commercial - A ("Com A") $5/month Commercial/Industrial - B ("Com/Ind B") $14/month Commercial/Industrial - C ("Com/Ind C") $47/month Small Volume, Dual Fuel A ("SVDF A") $90/month Small Volume, Dual Fuel B ("SVDF B") $100/month Large Volume, Dual Fuel ("LVDF") $190/month 2023 Fee Schedule, City of New Hope Page 14 MISCELLANEOUS Administrative Citations Fee City Code Level one – Citation #1 Level one – Citation #2 Level one – Citation #3 Level one – Citation #4 $50 $100 $100 $100 2-60(d)(2) Level two – Citation #1 Level two – Citation #2 Level two – Citation #3 Level two – Citation #4 $100 $250 $500 $500 Level three – Citation #1 Level three – Citation #2 Level three – Citation #3 Level three – Citation #4 $250 $500 $1,000 $1,000 Subsequent violation of the same or substantially similar offense within 12-month period will result in citation at next fee amount within applicable level 2-60(h)(4)b Late fees Amount increased by 40% if fine is not paid within 30-day period 2-60(h)(4)a Appeal of citation $25 to schedule administrative hearing 2-60(d)(3) Miscellaneous Fees Fee City Code Blueprint release $100 plus tax and $500 deposit Certification processing fee of delinquent city services $50 2-61(a) Civil fingerprint fee (residents only) $31 Duplicate bill (utility bill) $1 5-4(9)g Handgun permit fee Per state law 11-13(c) Late fee charge for general accounts receivables $5-25 depending on amount due Map (address) $5 New resident list $35 Notary fee (no charge if city-related business) $5 M.S. On-line service charge $3.50 2-61(c) Parking – on street temporarily No charge; seek permission from police 11-2(e) Photocopies $.25 per page plus tax Police-sponsored child passenger safety class $25 Program refund fee $5 Research fee $50 first hour and $35/hour thereafter Returned check charge $30 Special assessment deferral $40 nonrefundable application fee 1-6(1) Tree removal or treatment for diseased shade tree: Tree located on street boulevard Tree located on private property Not more than 50% of costs of abatement will be assessed Total cost of abatement may be assessed 9-80(f)(2) Vehicle impound Per Twin Cities Transport & Recovery towing contract 6-3(d) Video discovery $25 Weed eradication/lawn mowing $130/hour plus $45 weed inspector fee 9-70(b)2 I:\RFA\City Manager\2022\Franchise Fees\12-12-22 Council Meeting CenterPoint Renewal\Q-CenterPoint Agreement Renewal.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: Community Development By: Brandon Bell, CD Coord/Management Analyst; Tim Hoyt, Acting City Manager Agenda Title Ordinance 22-13, An Ordinance Amending Gas Franchise Ordinance in the New Hope City Code and Summary Ordinance for Publication Requested Action Staff requests that the City Council review the proposed agreement renewal with CenterPoint Energy Policy/Past Practice City code requires that the gas and electric franchise ordinances be reviewed every two years and can be amended if deemed appropriate. Background Minnesota Statute 216B.36 allows cities to charge a utility fee to both electric and gas companies for operating in the right-of-way. The fees are intended to reimburse the city for costs incurred from utility companies digging within the right-of-way and compromising the city’s infrastructure. The gas and electric utility companies perform the vast majority of work in the city’s right-of-way, and although they do perform adequate restoration after their projects, there is still inherent long-term deterioration to the city’s infrastructure. As noted on the attached report, CenterPoint alone has worked in the right-of-way over 120 times in the past two years. Franchise fees allow cities to diversify their revenue streams and provide a stable source of funding, which can be used for any public purpose. The City Council approved implementing electric and gas franchise fees at the April 13, 2003, meeting and the utility companies began collecting fees in January of 2004. Rate increases were recently approved to be effective beginning in March 2023. The city’s current gas franchise fee agreement automatically renews on the 5th, 10th, and 15th anniversary of the commencement date of the agreement, April 13, 2003. The 15-year anniversary of the agreement took place on April 13, 2018, without either party serving a nonrenewal notice. The current agreement with CenterPoint is set to expire on April 13, 2023. This proposed ordinance amendment would renew the city’s franchise agreement with CenterPoint Energy for an additional 20 years, until April 13, 2043. The agreement grants CenterPoint Energy a nonexclusive franchise to construct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ways and grounds in the city of New Hope. Recommendation Staff recommends that the City Council approve the ordinance amendment that renews the franchise agreement with CenterPoint Energy. Attachments • Ordinance 22-13 • Ordinance 22-13 Summary Agenda Section Ordinances & Resolutions Item Number 10.5 Request for Action, Page 2 • CenterPoint Right-Of-Way Permit Report 1 ORDINANCE NO. 2022-13 AN ORDINANCE AMENDING GAS FRANCHISE ORDINANCE IN THE NEW HOPE CITY CODE THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. This Ordinance amends the existing Gas Franchise Ordinance set forth in Appendix G and referenced as Section 12-10 of the City Code. The Gas Franchise Ordinance, as amended herein, grants CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Minnesota Gas (“CenterPoint Energy”), its successors and assigns, a nonexclusive franchise to construct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ways and grounds of the City of New Hope, Hennepin County, Minnesota, for such purpose; and, prescribing certain terms and conditions thereof. Appendix G is hereby amended to repeal the stricken text and add the underlined text as follows: Appendix G - 12-10. Gas Franchise. (a) Franchise History and Location in City Code. A franchise to the Minneapolis Gas Company was passed by the Council as Chapter 85, Ordinance 62-12, on November 27, 1962, published in the official newspaper on January 17, 1963, and accepted by the Minneapolis Gas Company on February 8, 1964. This franchise expired by its terms on January 1, 1983 but was renewed by Ordinance No. 84-9. The franchise granted by Ordinance No. 84-9 expired by its terms on June 30, 2003, but was replaced by Ordinance No. 03-08 prior to its expiration. The franchise is now amended by Ordinance No. 2022-13. Reference to the gas franchise appears in Chapter 12 of the City Code and the franchise itself is Appendix G of the City Code. (b) Definitions. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: (1) City. The City of New Hope, County of Hennepin, State of Minnesota. (2) City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including, but not limited to sewer, storm sewer, water service, street lighting, traffic signals, and all necessary equipment and appurtenances required to provide utility services. (3) Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. (4) Company. CenterPoint Energy Minnegasco, a division of CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Minnesota Gas, a Delaware corporation, its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Ffranchise. 2 (5) Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. (65) Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Ggas Eenergy for retailpublic or wholesaleprivate use. (76) Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. "Gas" includes Gas that is: a. Manufactured by the Company or its affiliates and delivered by the Company; b. Purchased and delivered by the Company; or c. Purchased from another source by the retail customer and delivered by the Company. (7) Non-Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Gas Facilities that do not result in an improvement to the Gas Facilities. (8) Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, Minnegasco, V.P., Regulatory & Supply Service, 800 LaSalle Avenue 505 Nicollet Mall, Minneapolis, MN 55402.-2006. Notice to the City shall be mailed to the City Manager, City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428. Any party may change its respective address for the purpose of this Ordinance by written notice to the other parties. (9) Ordinance. This gas franchise ordinance, also referred to as the Franchise. (109) Public Way. Public right-of-way within the City as defined in Minn. Stat. § 237.162, subd. 3. Any highway, street, alley or other public right-of-way within the City. (110) Public Ground. Land owned or otherwise controlled by the City for park, open space, utility easements, or similar public purpose, which is held for use in common by the public. "Public Ground" specifically includes any property now owned or hereafter purchased by the City for redevelopment purposes. (11) ROW Ordinances. "ROW Ordinances" means: a. The City's Right of Way Management Ordinance located at Section 6-14, et. seq. of the City Code; b. All other applicable City ordinances and regulations; and c. All other applicable permit procedures and customary practices of the City. (c) Adoption of Franchise. (1) Grant of Franchise. City hereby grants Company, for a period of twenty (20) years from the date of this Ordinance, the right to import, manufacture, distribute and sell Ggas Energy for public and private use within and through the limits of the City as its 3 boundaries now exist or as they may be extended in the future . and also the right to transport Gas Energy through the limits of the City for use outside of the City limits. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to a public right-of-way ordinance or permit requirements adopted consistent with state law. (2) Commencement of the Franchise Duration. The franchise duration shall commence running on the date this Ordinance is passed and approved by the City, (3) Franchise Duration. The franchise shall run for 5 years from the commencement date. (24) Effective Date; Written Acceptance. This Ffranchise shall be in force and effect from and after its passage of this Ordinance and publication as required by law and its acceptance in writing by Company. If Company does not file a written acceptance of this franchise as passed by the City with the City within 60 Days after the commencement date this Ordinance shall be deemed refused. Upon refusal the City Council may either repeal this ordinance or seek its enforcement in a court of competent jurisdiction. (5) Automatic Renewal of the Franchise Duration. The franchise duration shall automatically renew for an additional 5 years on the fifth, tenth and fifteenth anniversaries of the commencement date unless notice is given to the contrary. Notice of non-renewal must be in writing. Either the City or Company may give notice of non-renewal. Notice of non-renewal must be given at least 90 days prior to the end of the then current franchise duration. (6) Expiration Discussions. On the nineteenth anniversary of the commencement date the parties will meet and discuss renewal of this franchise agreement. (7) Gas Facilities. Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. (8) Use of Franchise. Subject to the City's lawful regulation, Company may do all reasonable things necessary or customary to accomplish the purpose of this franchise. "Lawful regulations" mean: a. All City ordinances as they exist at the commencement of this franchise; b. All future amendments to current City ordinances (subject to the notice and negotiation provisions of this franchise); c. All future new City ordinances (subject to the notice and negotiation provisions of this franchise); and d. The permit procedures and customary practices of the City. 4 (9) Ordinance Changes. The Company shall be notified 60 days in advance of proposed changes to Section 6-14, et. seq. of the City Code. If such change interferes with this franchise, the City and Company shall negotiate in good faith to reach mutually acceptable changes. If the City and Company are unable to agree, disputes will be handled under the terms of Dispute Resolution Section of this Ordinance. Changes enacted prior to completion of the dispute resolution provided for in this franchise shall be effective as to all persons, entities and other franchises, but shall only become effective as to this franchise upon completion of and in accordance with the dispute resolution. Lack of notice shall not be a defense to non-compliance with a change that does not interfere with this franchise. (10) Ordinance Conflicts. If a provision of ROW Ordinances conflicts with a provision on the same subject in this Ordinance, this Ordinance will control. (11) Non Exclusive Franchise. This ordinance does not grant an exclusive franchise. (12) Legal Fees. Each party is responsible for its own legal fees incurred related to granting of this franchise. (13) Service and Gas Rates. The terms and conditions of service to be provided and the rates to be charged by Company for Ggas Energyservice in City are subject to the exclusive jurisdiction of the Commission. (14) Publication Expense. The expense of publication of this Ordinance shall be paid by Company. (15) Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Ffranchise or for such other relief permitted by law. (16) Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this Franchise expires, twentieth anniversary of the commencement date, this Ffranchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the Ffranchise to expire. (d) Location, Other Regulations. (1) Location of Facilities. Subject to ROW Ordinances, Gas Facilities in the Public Ways and Public Grounds shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System., customary traffic, travel and the use of the Public Way and Public Ground. Gas Facilities may be located on 5 Public Ways and Public Grounds to be mutually agreed by as determined by the City and the Company. The location and relocation of Gas Facilities shall be subject to reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this Franchise. (2) Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee, unless the City is receiving a franchise fee pursuant to this Ordinance, in which case all permit fees will be waived. Permit conditions imposed on Company shall not be more burdensome than those imposed on other public right-of-way users for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the City before commencement of the emergency repair, if reasonably possible. Within two (2) business days after commencing the repair, Company shall apply for any required permits and pay any required fees. (3) Restoration of Public Ways and Public Ground. Restoration of the Public Way shall be subject to ROW Ordinances. After completing work requiring the opening of any Public Way or Public Ground, the Company shall restore the Public Ways or Public Grounds in accordance with Minnesota Rules, 7819.1100. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months two (2) years thereafter. All work shall be completed as promptly as weather permits. If Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition and after demand to Company to cure, City shall, after passage of a reasonable period of time following the demand, but not to exceed fivethree (53) business days, have the right to make the restoration of the Public Ways or Public Grounds at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City., including administrative expense and overhead, plus ten percent of cost and administrative expense. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section. The Company shall not be required to post a construction performance bond. (3) Non-Waiver of Performance Security. The City reserves all rights under ROW Ordinances to enforce Company performance requirements for work in the Public Way or Public Ground. (4) Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property or the elements. Per 6 Minnesota Statute §216D.05, the City must take protective measures when it performs work near the Gas Facilities. (5) Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Grounds is involved, the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities Company deems necessary. (6) Mapping Information. If requested by City, Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules 7819.4000 and 7819.4100. (7) Emergency Response. As emergency first responders, when a public safety concern exists both the City and Company shall respond to gas emergencies within the City without additional direct fee or expense to either City or Company. (e) Relocations. (1) Relocation in Public Ways of Gas Facilities. The Company and City shall comply with the provisions of Minnesota Rules 7819.3100 with respect to requests for the Company to relocate Gas Facilities located in Public Ways. Relocation of Gas Facilities in Public Ways and upon Public Grounds shall be subject to ROW Ordinances and shall comply with any other applicable City ordinances. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ways or from Public Grounds upon a finding by City that the Gas Facilities have become or will become an impairment to the existing or proposed use of the Public Ways or Public Grounds. (2) Relocation in Public Grounds. City may require Company at Company’s expense to relocate or remove its Gas Facilities from Public Grounds upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Grounds. Nothing in this section shall be construed so as to invalidate or impair any existing company easements in Public Grounds. If Company is required to relocate from an existing easement, City shall provide an equivalent easement for the relocated facilities. (32) Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided state trunk highway project shall be governed by the provisions of Minnesota Statutes Section §§161.45 and 161.46., as supplemented or amended. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is 7 improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless agreement is made that the reasonable Non-Betterment Costs of such relocation and the loss and expense resulting therefrom will be paid to Company when available to the City. The City need not pay those portions of such for which reimbursement to it is not available. (3) No Waiver. The provisions of Section (e) apply only to Gas Facilities: a. Located on Public Ways; b. Located on Pubic Grounds; c. Constructed in reliance on a permit or franchise from City, or d. Maintained in reliance on a permit or franchise from City. Company does not waive its rights under an easement or prescriptive right or State or County permit. (f) Change In Form of Government. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. (g) Franchise Fee. Franchise Fees. The City reserves all rights under Minn. Stat. § 216B.36, to require a franchise fee at any time during the term of this franchise. If the City elects to require a franchise fee it shall notify Company. The franchise fee shall be set forth in a separate ordinance. The separate ordinance adopting a franchise fee shall not be adopted until at least 60 days after Notice of the proposed ordinance has been served upon the Company. (1) Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee. The Company will administer the collection and payment of franchise fees to City in lieu of permit fees or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City. The franchise fee will be collected on a flat fee basis, or by some other method that is mutually acceptable to both City and Company for each retail customer account within the corporate limits of the City. The amount of the fee collected may differ for each customer class. The City will use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with the Minnesota Public Utility Commission’s March 23, 2011, Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will provide a formula that will produce a substantially similar fee amount to the City. If the City and Company are unable to agree, the disagreement shall be subject to the Dispute Resolution provisions of this Ordinance. 8 (2) Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council and shall be set forth in the city’s fee schedule. The effective date of the franchise fee ordinance shall be no less than ninety (90) days after written Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail. The Company is not required to collect a franchise fee if the terms of the fee agreement are inconsistent with this franchise or state law, provided the Company notifies the City Council of the same within the ninety (90) day period. (3) Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through an agreed-upon franchise. (4) Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same Notice and acceptance requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with Minnesota Public Utility Commission’s March 23, 2011, Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company shall not be responsible to pay City fees that Company is unable to collect under Commission rules or order. Company agrees to make available for inspection by City at reasonable times all records necessary to audit Company’s determination of the franchise fee payments. (5) Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. However, the franchise fee will not remain in effect for more than one (1) year after the franchise expires as stated in Section 2.6 of this Franchise. If for any reason the franchise terminates, the franchise fee will terminate at the same time. (h) Abandoned Facilities. The Company shall comply with Minnesota Rules, Part 7819.3300, as it may be amended from time to time with respect to abandoned facilities in Public Ways. The Company shall maintain records describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the City’s request and comply with the location requirements of Minnesota Statutes §216D.04 with respect to all Gas Facilities located in Public Ways and Public Grounds. (ih) Limitation on Applicability.; No Waiver. This Ordinance constitutes a franchise agreement between the City and its successors and the Company and its successors and permitted assigns, as the only parties. No provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or 9 otherwise give rise to any cause of action in any person not a party hereto. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. (ji) Amendment Procedure. Either party to this franchise agreement may at any time propose that this Franchise Ordinancee agreement be amended. This Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within ninety (960) days after the effective date of the amendatory ordinance. An ordinance passed by the City for the purpose of updating City Code references to Minnesota Statutes or other laws shall not constitute an amendment to this franchise. (kj) Previous Franchises Superseded. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. Upon Company's acceptance of this franchise the previous franchise shall terminate. (lk) Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence or otherwise wrongful act or omission except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. (m) Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This Franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. (n) Vacation of Public Ways and Public Grounds. The City shall give Company at least two weeks prior written Notice of a proposed vacation of a Public Ways or Public Grounds. The City and the Company shall comply with Minnesota Rules 7819.3100 and 7819.3200 with respect to any request for vacation. Indemnification and Defense. The Company shall indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions (including reasonable attorneys' fees incurred by the City) on account of injury or death of persons or damage to property occasioned by the construction, maintenance, repair, removal, or operation of the Company's property located in, on, over, under, or across the 10 Public Ways or Public Ground of the City, unless such injury or damage is the result of the negligence of the City, its elected officials, employees, officers, or agents. The City shall not be entitled to reimbursement for its costs incurred prior to notification to the Company of claims or actions and a reasonable opportunity for the Company to accept and undertake the defense. If a claim or action shall be brought against the City under circumstances where indemnification applies, the Company, at its sole cost and expense, shall defend the City if written notice of the claim or action is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. The Company shall have complete control of such claim or action, but it may not settle without the consent of the City, which shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City, and the Company in defending any action on behalf of the City shall be entitled to assert every defense or immunity that the City could assert in its own behalf. (ol) Severability. Every section, provision or part of this Ordinance is declared separate from every other section, provision or part; and if any section, provision or part shall be held invalid, it shall not affect any other section, provision or part. Where a provision of any other City ordinance is inconsistent with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the rest of this franchise shall not be affected. (m) Additional Costs. Company shall reimburse City for any additional costs incurred by the City under the following circumstances: a. The additional costs are caused in part by inaccuracies in information provided by Company to City regarding the placement of Gas Facilities; and b. The additional costs could have been avoided or reduced had the information provided to the City been accurate. This provision specifically contemplates, but is not limited to, additional costs incurred by the City due to delays in construction projects because Gas Facilities could not be accurately located in advance. In the event that the Gas Facilities are not the sole cause of any such additional costs, the additional costs shall be pro rated by the City in a reasonable manner and the Company shall only be liable for its pro rated share. Section 2. Sec. 12-10 – Gas Franchise shall be amended to add the underlined text as follows: A franchise to the Minneapolis Gas Company was passed by the council as Chapter 85, Ordinance 62-12, on November 27, 1962, published in the official newspaper on January 17, 1963, and accepted by the Minneapolis Gas Company on February 8, 1964. This franchise expired by its terms on January 1, 1983 but was renewed by Ordinance No. 84-9. The franchise granted by Ordinance No. 84-9 would have expired by its terms on June 30, 2003, but was replaced by Ordinance No. 03-08 and further replaced by Ordinance No. 22-13 prior to its expiration. The current gas franchise appears in Appendix G of the City Code. 11 Notice. "Notice" means a writing served by any party or parties on any other party or parties. Notice to company shall be mailed to CenterPpoint Energy, Minnesota Division Vice President, 505 Nicollet Mall,. Minnegasco, V.P., Regulatory & Supply Service, 800 LaSalle Avenue, Minneapolis, MN 55402.-2006. Notice to city shall be mailed to the City Clerk at 4401 Xylon Avenue North, New Hope, Minnesota 55428. Section 3. Effective Date. This effective date of this Ordinance shall be after its publication and 90 days after the sending of written notice of these amendments has been provided to CenterPoint Energy by certified mail as required by the code. Dated the 12th day of December, 2022. ____________________________________ Kathi Hemken, Mayor Attest: ___________________________ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the ____day of _______________, 2022.) P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-82213 - Gas Franchise Ordinance\Ordinance amending Gas Franchise Agreement.docx 1 SUMMARY OF ORDINANCE NO. 22-13 AN ORDINANCE AMENDING GAS FRANCHISE ORDINANCE IN THE NEW HOPE CITY CODE Ordinance No. 22-13 updates language contained in the gas franchise ordinance set forth as Appendix G to grant CenterPoint Energy a nonexclusive franchise to construct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ways and grounds in the city of New Hope The full version of Ordinance No. 22-13 is posted at www.newhopemn.gov and is available for inspection at the City Clerk’s office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was adopted by the New Hope City Council on December 12, 2022, and shall become effective upon publication. Valerie Leone City Clerk (published in the Crystal/ Robbinsdale/New Hope/Golden Valley Sun Post on December 22, 2022) Permit #Permit Type Sub Type Work Type Column1 House #Street Name Unit Issued Date Final Date Column2 NH062864 Right of Way Underground Gas 01/14/2021 07/09/2021 NH062920 Right of Way Underground Gas 7406 51st Ave N 01/29/2021 04/26/2021 NH062922 Right of Way Underground Gas 7210 51st Ave N 01/29/2021 06/01/2021 NH063139 Right of Way Underground Gas 02/23/2021 06/23/2021 NH063146 Right of Way Underground Gas 2705 Ensign Ave N 02/25/2021 04/21/2021 NH063229 Right of Way Underground Gas 7327 51st Ave N 03/15/2021 06/08/2021 NH063291 Right of Way Underground Gas 4508 Boone Ave N 03/15/2021 06/09/2021 NH063360 Right of Way Underground Gas 8831 60 1/2 Ave N 03/25/2021 07/20/2021 NH063405 Right of Way Underground Gas 3354 Boone Cir 03/26/2021 07/09/2021 NH063433 Right of Way Underground Gas 3512 Zealand Ave N 03/30/2021 07/09/2021 NH063493 Right of Way Underground Gas 04/13/2021 09/28/2021 NH063658 Right of Way Underground Gas 9325 40 1/2 Ave N 04/27/2021 09/28/2021 NH063666 Right of Way Underground Gas 04/27/2021 10/11/2021 NH063668 Right of Way Underground Gas 04/27/2021 09/28/2021 NH063689 Right of Way Underground Gas 7202 51st Ave N 04/27/2021 06/23/2021 NH063690 Right of Way Underground Gas 7311 51st Ave N 04/27/2021 07/08/2021 NH063837 Right of Way Underground Gas 4857 Boone Cir 05/13/2021 07/09/2021 NH063988 Right of Way Underground Gas 06/08/2021 09/28/2021 NH063989 Right of Way Underground Gas 06/08/2021 09/28/2021 NH063990 Right of Way Underground Gas 06/08/2021 09/28/2021 NH064047 Right of Way Underground Gas 7303 51st Ave N 06/08/2021 06/30/2021 NH064048 Right of Way Underground Gas 7225 51st Ave N 06/08/2021 07/16/2021 NH064051 Right of Way Underground Gas 7124 51st Ave N 06/08/2021 07/19/2021 NH064243 Right of Way Underground Gas 7100 51st Ave N 06/22/2021 09/28/2021 NH064244 Right of Way Underground Gas 7218 51st Ave N 06/29/2021 07/21/2021 NH064346 Right of Way Underground Gas 07/07/2021 09/28/2021 NH064491 Right of Way Underground Gas 7108 51st Ave N 07/22/2021 09/28/2021 NH064492 Right of Way Underground Gas 7116 51st Ave N 07/22/2021 09/28/2021 NH064493 Right of Way Underground Gas 7226 51st Ave N 07/22/2021 09/28/2021 NH064496 Right of Way Underground Gas 7312 51st Ave N 07/22/2021 09/28/2021 NH064499 Right of Way Underground Gas 7319 51st Ave N 07/22/2021 09/28/2021 NH064500 Right of Way Underground Gas 7328 51st Ave N 07/22/2021 10/26/2021 NH064521 Right of Way Underground Gas 7100 38th Ave N 07/27/2021 10/29/2021 NH064522 Right of Way Underground Gas 7317 39 1/2 Ave N 07/27/2021 10/29/2021 NH064523 Right of Way Underground Gas 8811 61st Ave N 07/27/2021 12/15/2021 PERMITS ISSUED FOR CENTERPOINT ENERGY NH064524 Right of Way Underground Gas 6088 Yukon Ave N 07/27/2021 12/15/2021 NH064525 Right of Way Underground Gas 6081 Yukon Ave N 07/27/2021 12/15/2021 NH064526 Right of Way Underground Gas 5833 Wisconsin Ave N 07/27/2021 12/15/2021 NH064527 Right of Way Underground Gas 4408 Boone Ave N 07/27/2021 09/27/2021 NH064528 Right of Way Underground Gas 4208 Boone Ave N 07/27/2021 09/27/2021 NH064529 Right of Way Underground Gas 4642 Boone Ave N 07/27/2021 09/28/2021 NH064530 Right of Way Underground Gas 4636 Boone Ave N 07/27/2021 09/27/2021 NH064531 Right of Way Underground Gas 4641 Boone Ave N 07/27/2021 09/28/2021 NH064532 Right of Way Underground Gas 4611 Boone Ave N 07/27/2021 09/27/2021 NH064533 Right of Way Underground Gas 4612 Boone Ave N 07/27/2021 09/27/2021 NH064534 Right of Way Underground Gas 4618 Boone Ave N 07/27/2021 09/27/2021 NH064535 Right of Way Underground Gas 4733 Boone Ave N 07/27/2021 09/28/2021 NH064536 Right of Way Underground Gas 4741 Boone Ave N 07/27/2021 09/28/2021 NH064595 Right of Way Underground Gas 07/29/2021 11/29/2021 NH064603 Right of Way Underground Gas 07/29/2021 12/15/2021 NH064964 Right of Way Underground Gas 3500 Zealand Ave N 09/13/2021 10/26/2021 NH065265 Right of Way Underground Gas 10/19/2021 NH065906 Right of Way Underground Gas 8501 40th Ave N 01/27/2022 NH065907 Right of Way Underground Gas 8325 40th Ave N 01/27/2022 NH065909 Right of Way Underground Gas 8224 40th Ave N 01/27/2022 NH065910 Right of Way Underground Gas 8100 40th Ave N 01/27/2022 NH065911 Right of Way Underground Gas 3941 Xylon Ave N 01/27/2022 NH065912 Right of Way Underground Gas 3924 Xylon Ave N 01/27/2022 NH065913 Right of Way Underground Gas 3908 Xylon Ave N 01/27/2022 NH065914 Right of Way Underground Gas 3808 Xylon Ave N 01/27/2022 NH065916 Right of Way Underground Gas 8217 38th Ave N 01/27/2022 NH065917 Right of Way Underground Gas 3981 Wisconsin Ave N 01/27/2022 NH065920 Right of Way Underground Gas 3956 Virginia Ave N 01/27/2022 NH065921 Right of Way Underground Gas 3957 Wisconsin Ave N 01/27/2022 NH065922 Right of Way Underground Gas 3917 Virginia Ave N 01/27/2022 NH065924 Right of Way Underground Gas 3924 Wisconsin Ave N 01/27/2022 NH065925 Right of Way Underground Gas 8109 39th Ave N 01/27/2022 NH065926 Right of Way Underground Gas 8217 39th Ave N 01/27/2022 NH065927 Right of Way Underground Gas 8124 38th Ave N 01/27/2022 NH066289 Right of Way Underground Gas 7933 38 1/2 Ave N 03/21/2022 07/22/2022 NH066425 Right of Way Underground Gas 2721 Nevada Ave N 04/14/2022 NH066458 Right of Way Underground Gas 8525 60 1/2 Ave N 04/15/2022 NH066468 Right of Way Underground Gas 8811 61st Ave N 04/15/2022 NH066469 Right of Way Underground Gas 4208 Boone Ave N 04/15/2022 NH066473 Right of Way Underground Gas 4408 Boone Ave N 04/15/2022 NH066474 Right of Way Underground Gas 4611 Boone Ave N 04/15/2022 NH066475 Right of Way Underground Gas 4612 Boone Ave N 04/15/2022 NH066476 Right of Way Underground Gas 4618 Boone Ave N 04/15/2022 NH066477 Right of Way Underground Gas 4636 Boone Ave N 04/14/2022 NH066479 Right of Way Underground Gas 4641 Boone Ave N 04/15/2022 NH066485 Right of Way Underground Gas 4642 Boone Ave N 04/15/2022 NH066486 Right of Way Underground Gas 4733 Boone Ave N 04/15/2022 NH066487 Right of Way Underground Gas 4741 Boone Ave N 04/15/2022 NH066488 Right of Way Underground Gas 5833 Wisconsin Ave N 04/15/2022 NH066489 Right of Way Underground Gas 6081 Yukon Ave N 04/14/2022 NH066490 Right of Way Underground Gas 6088 Yukon Ave N 04/15/2022 NH066491 Right of Way Underground Gas 5777 Yukon Ave N 04/15/2022 NH066492 Right of Way Underground Gas 6100 Zealand Ave N 04/15/2022 NH066493 Right of Way Underground Gas 8101 47th Ave N 04/15/2022 NH066494 Right of Way Underground Gas 6182 Zealand Ave N 04/15/2022 NH066497 Right of Way Underground Gas 6089 Yukon Ave N NH066498 Right of Way Underground Gas 5785 Yukon Ave N 04/15/2022 NH066520 Right of Way Underground Gas 5781 Yukon Ave N 04/19/2022 NH066581 Right of Way Underground Gas 3933 Zealand Ave N 04/26/2022 NH066636 Right of Way Underground Gas 8141 35 1/2 Ave N 05/02/2022 09/27/2022 NH066637 Right of Way Underground Gas 7900 37th Ave N 05/03/2022 NH066638 Right of Way Underground Gas 05/03/2022 NH066639 Right of Way Underground Gas 9208 40 1/2 Ave N 05/02/2022 09/27/2022 NH066640 Right of Way Underground Gas 7900 40th Ave N 05/03/2022 NH066642 Right of Way Underground Gas 7716 45th Ave N 05/03/2022 09/27/2022 NH066643 Right of Way Underground Gas 8091 46 1/2 Ave N 05/03/2022 NH066644 Right of Way Underground Gas 8100 46th Ave N 05/03/2022 NH066645 Right of Way Underground Gas 7906 60th Ave N 05/03/2022 NH066647 Right of Way Underground Gas 4308 Cavell Ave N 05/03/2022 NH066648 Right of Way Underground Gas 4208 Decatur Ave N 05/03/2022 NH066649 Right of Way Underground Gas 2717 Ensign Ave N 05/03/2022 09/27/2022 NH066651 Right of Way Underground Gas 4240 Flag Ave N 05/03/2022 09/27/2022 NH066653 Right of Way Underground Gas 4500 Oregon Ave N 05/03/2022 NH066654 Right of Way Underground Gas 4624 Virginia Ave N 05/03/2022 10/05/2022 NH066655 Right of Way Underground Gas 3510 Wisconsin Ave N 05/03/2022 NH066689 Right of Way Underground Gas 3609 Maryland Ave N 05/05/2022 NH066771 Right of Way Underground Gas 4600 Aquila Ave N 05/16/2022 NH066975 Right of Way Underground Gas 06/13/2022 NH067294 Right of Way Underground Gas 07/21/2022 NH067603 Right of Way Underground Gas 08/30/2022 NH067610 Right of Way Underground Gas 08/30/2022 NH067676 Right of Way Underground Gas 8133 46 1/2 Ave N 09/07/2022 NH067677 Right of Way Underground Gas 4212 Boone Ave N 09/07/2022 NH067688 Right of Way Underground Gas 4600 Boone Ave N 09/09/2022 NH067780 Right of Way Underground Gas 09/20/2022 NH067800 Right of Way Underground Gas 4025 Jordan Ave N 09/22/2022 NH067822 Right of Way Underground Gas 3501 Hillsboro Ave N 09/26/2022 NH067823 Right of Way Underground Gas 3518 Yukon Ave N 09/26/2022 NH067824 Right of Way Underground Gas 2732 Flag Ave N 09/26/2022 NH067827 Right of Way Underground Electric 5916 Hillsboro Cir 09/26/2022 NH067831 Right of Way Underground Gas 9001 48th Ave N 09/27/2022 NH068020 Right of Way Underground Gas 5300 Sumter Ave N 10/19/2022 I:\RFA\HR & Admin Svcs\Human Resources\2022\2022 Council Meetings\12122022\Word Documents\Q ‐ DEI Statement ‐ DRAFT.docx Request for Action December 12, 2022 Approved by: Tim Hoyt, Acting City Manager Originating Department: HR & Admin Services By: Rich Johnson, Director Agenda Title Update regarding the creation of a statement to publicly share the city’s commitment to a diverse, equitable, and inclusive environment. Requested Action Staff requests the City Council receive an update from Rich Johnson on an initial statement to be placed on the city’s website to publicly share the city’s commitment to Diversity, Equity, and Inclusion (D, E & I). Background Staff has worked internally and has met with the Human Rights Commission (HRC) on three occasions to share information as well as gather their input regarding the city’s dedication to D, E, & I. These discussions ranged from discussing the current make up of staff compared to the diversity of the New Hope community at‐large, the city’s recruitment methods, and the common goal of both the HRC and staff to ensure it is clear to our community (and beyond) that the City of New Hope is committed to ensuring that both its workforce and its community are places where D, E & I is valued and embraced. This evening, staff would like to share an equity statement which has evolved through internal discussions, discussions with the HRC, and reviewing verbiage used by other cities (both local and across the nation) to create a statement that will publicly share New Hope’s commitment to embracing a diverse, equitable, and inclusive environment. With the City Council’s approval, staff plans to post this statement on the city’s website as well as social media channels. Attachments Equity Statement Agenda Section Unfinished & Org Business Item Number 11.1 EQUITY STATEMENT The City of New Hope strives to be a great place to live, work and play for all people. We pledge to treat everyone equitably, respectfully and without bias regardless of their age, race, religion, sexual orientation, gender identity, marital status, familial status, income, disability or other differences. The C ity acknowledges inequities exist in our community based upon these or other differences. To succeed in New Hope’s mission and vision and to accomplish our goals, we commit to ensuring outcomes are not dependent on the above differences. We commit to the following to ensure equity in our community: • We welcome and value people of all characteristics, backgrounds and experiences. • To work toward having a workforce that reflects our community and our commitment to diversity. • Creating a community where all members are connected to each other with a sense of shared purpose in achieving the city's mission, vision and values. • To evaluate decisions with equity in mind. COMMITMENTS The City of New Hope commits to the long-term work of becoming culturally competent, welcoming and inclusive of all people both within and outside our organization in the issues and challenges we engage in. This includes (but is not limited to): • Supporting, engaging, serving and including people with different racial, ethnic, economic, age and religious backgrounds as well as those with varying physical abilities, gender identities and sexual orientations. • Entering intercultural relationships with humility; prepared to listen, learn and follow others' lead in taking actionable steps to adapt our methods and practices for mutual benefit. • Incorporating this equity statement into policies, practices and procedures at an organizational level. • Ensuring City services are accessible and welcoming to all community members. • Reaching beyond our traditional constituencies and familiar stakeholders to seek input from a wide range of voices and backgrounds. • Recruiting, hiring, retaining and developing a culturally competent staff whose demographics more closely reflect the community. • Recruiting, retaining and developing culturally competent commission members whose demographics more closely reflect the community. • Investing the required resources to ensure the successful execution and maintaining of the plan. Resources include, but are not limited to, funding, personnel, time, education and training. • Forming a working group of employees whose goal is to increase diversity in the organization, implement the above commitments and ensure the City is a welcoming, attractive and inclusive environment for all. S:\December 12, 2022 Council Meeting\12.1 Q ‐ Upcoming Events.docx Request for Action December 12, 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: Dec. 13 7 p.m. – Citizen Advisory Commission Meeting Dec. 14 6:30 p.m. – West Metro Fire‐Rescue Board of Directors Meeting at Station #3, 4251 Xylon Avenue North Dec. 15 8:30 a.m. – Bassett Creek Watershed Management Commission Meeting Dec. 19 6/6:30 p.m. – City Council Work Session Dec. 20 7:30 a.m. – District 281 Partnership Meeting 11:30 a.m. – North Metro Mayors Operating Committee Meeting Dec. 26 City Holiday, All Offices Closed Jan. 2 City Holiday, All Offices Closed Jan. 3 7 p.m. – Planning Commission Meeting 7 p.m. – Human Rights Commission Meeting Jan. 4 1:30 p.m. – Joint Water Commission Meeting 3 p.m. – Business Networking Group Winter Social Event at Frankie’s Pizza Jan. 9 7 p.m. – City Council Meeting Agenda Section Other Business Item Number 12.1