081423 City Council Meeting Packet
NEW HOPE CITY COUNCIL
MEETING AGENDA
August 14, 2023
7:00 p.m.
City Hall – Council Chambers
4401 Xylon Avenue North
Mayor Kathi Hemken
Council Member John Elder
Council Member Andy Hoffe
Council Member Michael Isenberg
Council Member Jonathan London
The City Council wants and encourages citizen participation at Council Meetings. Your input and
opinions count and are valuable. You are encouraged to bring forth your comments and issues at
the appropriate point on the agenda.
A 15‐minute maximum Open Forum is held at the beginning of each Council Meeting. At this time
any person may address the Council on any subject pertaining to City business not listed on this
agenda or scheduled as a future agenda item. The Council requests that you limit your presentation
to 3 minutes. Anyone wishing to address the City Council on a particular item should raise their
hand and be recognized by the Mayor. Approach the podium and speak into the microphone by
first stating your name and address. Also, please record your name on the roster at the table near
the door so that your name will be spelled correctly in the minutes.
Individuals should not expect the Mayor or Council to respond to their comments tonight; Council
may refer the matter to staff for handling or for consideration at a future meeting. You are welcome
to contact the city clerk at 763‐531‐5117 after the council meeting.
COUNCIL MEETING BROADCASTS AND STREAMING
Government Access channel 16 programming includes live/taped meeting replays
Live on‐line meetings and past meetings on‐demand are available through www.nwsccc.org.
www.newhopemn.gov
New Hope Values and Vision
City Mission
Strong local government that is proactive in responding to the community needs and issues by delivering quality
public service to all city residents, businesses, property owners, and organizations in a prudent and e cient manner.
Values
Excellence and Quality in the Delivery of Services
We believe that service to the public is our reason for being and strive to deliver quality services in a
highly professional and cost-e ective manner.
Fiscal Responsibility
We believe that fi scal responsibility and the prudent stewardship of public funds and city assets is essential if
residents are to have confi dence in government.
Ethics, Integrity and Professionalism
We believe that ethics, integrity, and professionalism are the foundation blocks of public trust and confi dence and
that all meaningful relationships are built on these values.
Respect for the Individual
We believe in the uniqueness of every individual, and welcome, appreciate, and respect diversity and the di ering
of opinions.
Open, Honest, and Respectful Communication
We believe that open, honest, and respectful communication is essential for an informed and involved citizenry
and to foster a positive environment for those interacting with our city.
Cooperation and Teamwork
We believe that the public is best served when all work cooperatively.
Visionary Leadership and Planning
We believe that the very essence of leadership is to be responsive to current goals and needs, and visionary in
planning for the future.
Vision
e city is a great place to grow as a family, individual, or business.
All within our city are safe and secure.
Essential services will be those that promote a safe and healthy environment for all residents.
Essential services and programs will be enhanced and streamlined, and will be provided in an economical manner
and with measurable results.
e city views residents as its greatest asset and seeks their input and participation.
e city will meet the communication needs of citizens, elected o cials, and city sta .
Strategic Goals
e city will maintain and improve its infrastructure (water distribution, storm water, sewer, roads, parks,
lighting, and city facilities).
e city will use frugal spending and resourceful fi nancial management to maintain its fi scal health.
e city will encourage maintenance, redevelopment, and reinvestment of existing properties to improve
or enhance its tax base.
e city will provide core services with a professional sta who are equipped with the necessary tools and
equipment and given necessary direction.
e city will facilitate and improve communications to promote e ective intergovernmental cooperation
between sta , citizens, and Council.
Adopted by the New Hope City Council, August 2006
Reaffirmed by the New Hope City Council, February 2023
CITY COUNCIL MEETING
City Hall, 4401 Xylon Avenue North
August 14, 2023
7:00 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – August 14, 2023
2. ROLL CALL
3. APPROVAL OF MINUTES:
• Regular Meeting Minutes – July 24, 2023
4. OPEN FORUM
5. PRESENTATIONS
5.1 Recognition of New Hope Pool employees with Police Chief’s Commendation
6. CONSENT BUSINESS
6.1 Approval of business licenses
6.2 Approval of financial claims through August 14, 2023
6.4 Resolution approving a School Resource Officer Agreement with Independent School
District 281
6.5 Resolution approving the Hennepin County Violent Offender Task Force (VOTF)
Cooperative Agreement and Amendments 1 and 2
7. PUBLIC HEARING
7.1 Public Hearing – Motion approving an off-sale liquor license to Dilip LLC dba Winnetka
Liquor, 3544 Winnetka Avenue North
8. DEVELOPMENT AND PLANNING
9. PETITIONS AND REQUESTS
10. ORDINANCES AND RESOLUTIONS
10.1 Ordinance 23-04, An ordinance amending Chapter 11 of the New Hope City Code by
adding Section 11-15 prohibiting cannabis use on public property
11. UNFINISHED AND ORGANIZATIONAL BUSINESS
12. OTHER BUSINESS
12.1 Exchange of communication between members of the city council
13. ADJOURNMENT
Memorandum
To: New Hope City Council
From: Reece Bertholf, City Manager
Date: August 10, 2023
Subject: Agenda Items for Monday, August 14, 2023
I will be absent from this meeting, and Director Hoyt will be serving in my absence.
Open Forum
We are not aware of anyone who intends to address Council for the open forum.
Item 5.1
Chief Hoyt will present the chief’s commendation to four employees of the aquatic facility who were on duty
on June 28, 2023, and rendered aid to a juvenile male. Ms. Laura Wiseman rescued the young man from the
50‐meter pool. The police department, West Metro Fire‐Rescue District and North Memorial Health
Emergency Medical Services all responded to the emergency call.
Items 6.1, 6.2, and 6.3
Item 6.1 – there are two business license requests by the new owner of Winnetka Liquor for a tobacco license
and THC license. A background check for the THC and liquor license was conducted and there are no issues.
Item 6.2 ‐ involves routine financial claims.
Item 6.3 – there are no new liability claims.
Item 6.4
This item approves the School Resource Officer agreement with District 281 for the 2023‐24 school year.
Two officers have been assigned as school resource officers for Cooper High School. The school district
will pay the city $56,627 per SRO for the 2023‐24 school year. Director Hoyt and I recommend
approval.
Item 6.5
The city was a member of the Northwest Metro Drug Task Force which dissolved this spring. Chief Hoyt has
been considering several options for New Hope, and he recommends joining VOTF which has a focus and
emphasis on violent crimes. The city is responsible for the salary of the detective, the person’s equipment,
and overtime pay. Chief Hoyt and I recommend approval.
Page 2
Item 7.1
This is a public hearing to consider granting an off‐sale intoxicating liquor license to the new owner of
Winnetka Liquor at 3544 Winnetka Avenue North. Mr. Dilip Sunar, the new owner, will be in attendance at
the meeting if Council has questions. The required background investigation was conducted and there is
nothing detrimental to report. The applicant understands the city’s ordinance relative to compliance checks.
The 2023 license fee is pro‐rated as allowed by city ordinance. City Clerk Leone and I recommend approval.
Item 10.1
This item approves an ordinance to prohibit cannabis use on public properties. On August 1, 2023, it
became legal to use and possess marijuana. The ordinance was drafted by the city attorney and is
supported by the police department’s command staff. Director Hoyt and I recommend approval.
Item 12.1
Mayor Hemken will review the list of upcoming events/meetings.
If you have any questions regarding items in the agenda packet, please contact me prior to the
meeting so that staff can research any issues and be prepared to respond at the meeting.
New Hope City Council July 24, 2023
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes July 24, 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
Reece Bertholf, City Manager
Tim Hoyt, Director of Police
Beth Kramer, Communications Coordinator
Valerie Leone, City Clerk
Stacy Woods, City Attorney
APPROVAL OF
MINUTES
Motion was made by Council Member Elder, seconded by Council Member
Isenberg, to approve the work session meeting minutes of June 20, 2023, the
executive session meeting minutes of June 20, 2023 and the regular meeting
minutes of June 26, 2023 . Voted in favor thereof: Hemken, Elder, Hoffe, Isenberg,
London; and the following voted against the same: None; Abstained: None;
Absent: None. Motion carried.
AGENDA ORDER
Mayor Hemken announced that the Open Forum would be held after Item 5.1.
PRESENTATION:
OATH OF OFFICE
Item 5.1
Mayor Hemken introduced for discussion Item 5.1, Oath of office for Sergeant
Miguel Robles, Police Officer Isaiah Gorman and Police Officer Matthias
Waldemar.
Police Chief Tim Hoyt shared the backgrounds of Sergeant Miguel Robles,
Police Officer Isaiah Gorman and Police Officer Matthias Waldemar and
City Clerk Valerie Leone administered the oath of office. Council extended their
congratulations and thanked the department, family members and law
enforcement personnel from neighboring police departments for attending the
ceremony in a show of support.
OPEN FORUM
Mayor Hemken opened the floor for the Open Forum.
New Hope City Council July 24, 2023
Page 2
Mr. Shawn Liu, Manager of Peace Properties, LLC, requested waiver of late fees
for rental property registrations. Mayor Hemken directed Mr. Liu to schedule a
meeting with City Manager Bertholf.
ROTATING VOTES
Please note that votes taken on each agenda item are called by the secretary on a
rotating basis; however, the written minutes always list the mayor’s name first
followed by the council members’ in alphabetical order.
CONSENT AGENDA Mayor Hemken introduced the consent items as listed for consideration and stated
that all items will be enacted by one motion unless requested that an item be
removed for discussion. Mr. Reece Bertholf, city manager, reviewed the consent
items.
BUSINESS LICENSES
Item 6.1
Approval of business licenses.
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through July 24, 2023.
LIABILITY CLAIMS
Item 6.3
Acknowledgement of liability claims in second quarter of 2023.
MOTION
Item 6.4
Motion approving temporary on‐sale liquor license on October 14‐15, 2023, for
Church of St. Joseph, 8701 36th Avenue North.
MOTION
Item 6.5
Motion waiving permit fees for temporary signs and tent for New Hope Lions
Club Corn Feed on August 9, 2023.
MOTION
Consent Items
Motion was made by Council Member Elder, seconded by Council Member Hoffe,
to approve the Consent items. All present voted in favor. Motion carried.
TETRAHYDRO‐
CANNABINOL (THC)
PRODUCTS
Item 10.1
Mayor Hemken introduced for discussion Item 10.1, Ordinance No. 23‐02, An
ordinance amending section 8‐41 regulating Tetrahydrocannabinol Products in the
New Hope City Code.
Mr. Reece Bertholf, city manager, stated this item approves an ordinance
amendment regarding regulations of THC products. A law change effective
August 1, 2023, allows the sale of THC products at off sale liquor stores. He noted
last year the sale of certain THC products became legal at retail establishments, but
it was prohibited from off sale liquor stores as it was not specifically listed as an
allowed product in state statute 340A.
Council Member London commented on recent legislative changes and
emphasized the need to educate the public on legal and illegal products to prevent
confusion.
Mr. Bertholf explained that staff is preparing information on the various issues.
New Hope City Council July 24, 2023
Page 3
Council Member Isenberg commented that the sale of cannabis is not yet legal in
Minnesota, but the possession and use of it will become legal effective August 1,
2023.
ORDINANCE 23‐02
Item 10.1
Council Member Isenberg introduced the following ordinance and moved its
adoption: “ORDINANCE NO. 23‐02, AN ORDINANCE AMENDING SECTION
8‐41 REGULATING TETRAHYDROCANNABINOL PRODUCTS IN THE NEW
HOPE CITY CODE.” The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted, signed by the
mayor which was attested to by the city clerk.
CITY CODE 2‐50
Item 10.2
Mayor Hemken introduced for discussion Item 10.2, Ordinance No. 23‐03, An
ordinance amending section 2‐50 related to the Economic Development Authority
in and for the City in the New Hope City Code.
Mr. Reece Bertholf, city manager, stated this item approves an ordinance
amendment to city code section 2‐50 to clarify the EDA’s composition and election
of officers. He noted the matter arose with his appointment as executive director.
Mr. Bertholf explained the EDA will be asked to approve a resolution regarding
the election of officers for 2023 to ensure the city is in compliance with state law
and the EDA’s bylaws.
ORDINANCE 23‐03
Item 10.2
Council Member London introduced the following ordinance and moved its
adoption: “ORDINANCE NO. 23‐03, AN ORDINANCE AMENDING SECTION
2‐50 RELATED TO THE ECONOMIC DEVELOPMENT AUTHORITY IN AND
FOR THE CITY IN THE NEW HOPE CITY CODE.” The motion for the adoption
of the foregoing ordinance 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 ordinance was declared duly passed and
adopted, signed by the mayor which was attested to by the city clerk.
EXCHANGE OF
COMMUNICATION
Item 12.1
Mayor Hemken introduced for discussion Item 12.1, Exchange of communication
between members of the City Council.
Mayor Hemken reported on upcoming events.
ADJOURNMENT
Motion was made by Council Member Isenberg, seconded by Council Member
Elder, to adjourn the meeting, as there was no further business to come before
the Council. All present voted in favor. Motion carried. The New Hope City
Council adjourned at 7:22 p.m.
Respectfully submitted,
Valerie Leone, City Clerk
I:\RFA\POLICE\2023\Council Meetings\5.1 Q ‐ Recognition of New Hope Pool Employees.docx
Request for Action
August 14, 2023
Approved by: Reece Bertholf, City Manager
Originating Department: Police
By: Tim Hoyt, Police Chief
Agenda Title
Recognition of New Hope Pool employees with Police Chief’s Commendation
Requested Action
Staff requests that the City Council allow Chief Hoyt to recognize New Hope Pool employees with a Chief’s
Commendation.
Policy/Past Practice
In the past the Council has allowed recognition events to take place at the City Council meetings to recognize
contributions made to the city by citizens and employees.
Background
Ms. Laura Wiseman is a New Hope Lifeguard and has worked for the City of New since 2021. Per the
attached memorandum from Chief Hoyt, Ms. Wiseman conducted a heroic act in the city on June 28, 2023,
during the course of her duties as a pool employee. Chief Hoyt requests to recognize Ms. Wiseman with a
Chief’s Commendation Award. Additional pool employees to be recognized: Jack Neff, employed since 2021,
Cassie Baker, employed since 2018, and Justin Rowles employed since 2021.
Attachment
Memorandum from Chief Hoyt
Agenda Section
Presentations
Item Number
5.1
NEW HOPE POLICE DEPARTMENT
4401 Xylon Avenue North
New Hope, MN 55428
Phone (763)531-5170
August 14, 2023
Laura Wiseman
RE: LETTER OF RECOGNITION Case # 23012025
On June 28th, 2023, while performing your duties as a lifeguard at the New Hope Aquatic Center
you observed a young swimmer that had begun to struggle, you quickly responded and pulled
that child to safety. While pulling the first child to safety you observed that a second child had
sunk to the bottom. You quickly entered the pool and brought that child to the surface and
performed rescue measures. Due to your quick action not one, but two children were saved that
day and able to return home with their family.
On behalf of the department and the community, I would like to recognize you for your actions.
We are proud to recognize your contributions to the City of New Hope.
Timothy Hoyt
Chief of Police
CITY OF NEW HOPE
I:\RFA\City Manager\2023\6.1 Business Licenses\6.1 Q ‐ Business Licenses 081423.docx
Request for Action
August 14, 2023
Approved by: Reece Bertholf
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treasurer
Agenda Title
Approval of business license(s)
Requested Action
In accordance with Chapter 8 of the New Hope Code, all applications for business licenses must be presented
to the City Council for consideration. Staff recommends approval of all listed requests.
Background
All required paperwork and fees have been received for the following businesses:
Dilip LLC dba Winnetka Liquor 3544 Winnetka Avenue North THC Products and Tobacco
Agenda Section
Consent
Item Number
6.1
G:\City Manager\AGENDA\6.2 R‐Approval of Claims Merge Doc.docx
Request for Action
August 14, 2023
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Reece Bertholf, City Manager
Agenda Title
Approval of claims through August 14, 2023
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\POLICE\SRO ‐ Cooper HS\6.4 Q&R‐SRO Agrmt 08.14.23.Docx
Request for Action
August 14, 2023
Approved by: Reece Bertholf, City Manager
Originating Department: Police
By: Tim Hoyt, Director of Police
Agenda Title
Resolution approving a School Resource Officer Agreement with Independent School District 281
Requested Action
Staff recommends approval of a School Resource Officer Agreement for July 1, 2023 to June 30, 2024.
Background
The New Hope Police Department and ISD 281 partner to provide school resource officer services at Cooper High
School. This arrangement was in effect from 1971‐72 when a grant was received for this purpose. Limited resources
prohibited the district from having a SRO at the school until 1984. Since the fall of 1984 through the spring of 2007,
one SRO was assigned to Cooper High School. Beginning in the fall of 2007, two SROs have been assigned to
Cooper High School.
The school district reimburses the city for the majority of the SRO costs. The city assigns two officers to serve as
SROs at Cooper High School during the regular school year. It is beneficial to have law enforcement officers on
site who can intervene before incidents rise to a criminal level and be able to respond quickly and effectively to
minimize the impact of such incidents.
Funding
The 2023 approved budget and the 2024 proposed budget include the required funding for SRO related
expenditures and the requisite revenues received in the form of reimbursement from the school district. The
school district will provide $56,627 per SRO for the 2023‐24 school year.
Attachments
Resolution
Agreement
Agenda Section
Consent
Item Number
6.4
City of New Hope
Resolution No. 2023 ‐
Resolution approving a School Resource Officer Agreement
with Independent School District 281
WHEREAS, the city of New Hope and Independent School District 281 desire to
promote mutual respect and understanding between law enforcement,
schools, staff, counselors, parents, and students; and,
WHEREAS, the city of New Hope and Independent School District 281 have made
good and efficient use of school resource officers at Cooper Senior High
School on a continuous basis since 1984; and,
WHEREAS, the city of New Hope and Independent School District 281 have
established mutually acceptable expectations and program expense
reimbursements; and,
WHEREAS, the city of New Hope and Independent School District 281 wish to agree,
in writing, to the terms and conditions of their joint participation in
providing school resource officers at Cooper Senior High School.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of New Hope
hereby authorize approving the School Resource Officer Agreement with
Independent School District 281 for the 2023‐2024 school year.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota,
this 14th day of August, 2023.
______________________________
Mayor
Attest: ________________________
City Clerk
Page 1 of 6
SCHOOL RESOURCE OFFICER AGREEMENT BY AND BETWEEN THE
INDEPENDENT SCHOOL DISTRICT 281 AND THE CITY OF NEW HOPE
THIS SCHOOL RESOURCE OFFICER AGREEMENT (“Agreement”) is made by and between
the INDEPENDENT SCHOOL DISTRICT 281, a Minnesota school district, (“School District”)
and the CITY OF NEW HOPE a Minnesota municipal corporation (“City”). The District and City
may be identified individually as a “Party” or collectively as the “Parties.”
Recitals
A. Independent School District 281 and the City desire the creation of a high-quality learning
environment for students, staff and families. As such, we are entering into this agreement to
engage the services of a school resource officer (“SRO”) from the City’s police department. While
this Agreement refers to a single SRO, more than one SRO may be provided and the terms of this
Agreement shall apply to each such SRO.
B. The Safe Schools Levy provides monetary funds to school districts to hire school resource
officers to help address safety related issues within schools.
C. To that end, the School District desires to obtain the services of, and the City agrees to provide,
SRO(s) in accordance with the terms and conditions of this Agreement.
Agreement
In consideration of the terms and conditions contained herein, the Parties hereby agree as
follows:
1. SRO SERVICES. The City agrees to provide the School District a SRO to provide
services at the school identified herein, and the School District agrees to provide funding for the
SRO, in accordance with the terms and conditions of this Agreement.
2. TERM. The Term of this Agreement shall be for a twelve (12) month period from July 1,
2023 to June 30, 2024 .
3. TERMINATION. Either Party may terminate this Agreement upon a sixty (60) days
written notice to the other of such termination. In the event of a termination, any payments due
to the City shall be prorated based on the period of SRO services provided.
4. LEVY. The School District will levy the maximum amount permitted by law to the
property tax payers in the School District to help fund the SRO position.
5. PROGRAM FUNDING. The School District will meet with the Chief Law Enforcement
Officer, or designee, of the City to discuss the allocation of available funds to support the SRO
services. The City will invoice the School District for the first half of the payment on January 1
and for the second half of the payment on June 30. The funding the School District shall provide
to the City for the 2023-24 school year will be $56,627.31 per full time equivalent (“FTE”) SRO
Page 2 of 6
provided by the City (“FTE Funding”). Pursuant to paragraph 7, the City will document all
days the SRO is not on site and discount the first or second half payment at a rate of $339.09 per
day. Notwithstanding the termination provision contained herein, the City may terminate this
Agreement upon ten (10) days written notice of termination to the School District if the City
determines the School District does not have sufficient funds to pay the FTE Funding.
6. SCHOOLS SERVED. Cooper High School, 8230 47th Avenue N., New Hope, MN
55428(“School”) will receive SRO services under this Agreement.
7. NUMBER OF SROs. The City will assign two (2) FTE police officers to serve as the SRO
at the School during the regular school year. The City will work collaboratively with the school
district to determine which of its police officers to assign to serve as the SRO under this
Agreement. The number of police officers serving in the SRO position at the School may be
modified at any time upon the written agreement of the City and the School District. The
provision of all such SRO(s)s shall be subject to the terms and conditions of this Agreement.
The School District agrees to pay the City the FTE Funding amount for each FTE SRO provided
at the School. There will be no SRO(s) when the school district is in e- learning at any of the
schools. No payments will be made to the cities when SRO(s) are not on site.
8. RELATIONSHIP OF THE PARTIES. The SRO(s) assigned to the School District is an
employee of the City and will not be considered an employee of the School District. The SRO)
will be subject to the control, supervision, policies, procedures, and general orders of the City
and its Police Department as well as the policies and procedures of Independent School District
281. At all times, the SRO(s) will be considered law enforcement for the purposes where the law
requires school districts to make referrals to law enforcement. It is agreed that nothing contained
in this Agreement is intended or should be construed in any manner as creating or establishing a
partnership or joint venture between the Parties. Neither party agrees to accept responsibility for
the acts of the other Party or of the other Party’s officers, personnel, employees, agents,
contractors, or servants. Any claims arising out of the employment or alleged employment,
including without limitation claims of discrimination, by or against a Party’s officers, personnel,
employees, agents, contractors, or servants will in no way be the responsibility of the other Party.
Neither Party will have any authority to bind the other by or with any contract or agreement, nor
to impose any liability upon the other. All acts and contracts of each Party will be in its own
name and not in the name of the other, unless otherwise provided herein.
9. COMPENSATION TO SRO. The City will be responsible for all payments regarding
compensation, benefits, pension plans and withholdings for its officer(s) serving as the SRO(s) at
the School. The Parties will, except as provided herein, act in their individual capacities and not
as agents, employees, partners, joint ventures or associates of the other. Neither of the Parties,
nor its personnel, employees, agents, contractors, or servants, shall be entitled to any benefits of
the other. The Parties will not provide any insurance coverage to the other or their employees
including, but not limited to, workers’ compensation insurance. Each Party will pay all wages,
salaries and other amounts due its employees and will be responsible for all reports, obligations,
and payments pertaining to social security taxation, income tax withholding, workers’
compensation, unemployment compensation, group insurance coverage, collective bargaining
agreements or any other such similar matters.
Page 3 of 6
10. DUTIES AND EVALUATION OF THE OFFICER. The law enforcement services
provided to the School District by the SRO(s) will be at the sole discretion of the City. Officer
standards of performance, conduct and discipline of the officer, performance reviews and other
internal matters related to the SRO(s) services shall be under the authority of the City. Time
spent by the SRO(s) in excess of eight (8) hours in a day in the performance of SRO duties at the
School will be on a specific, case-by-case basis requiring the advance approval of the City and
the School District. The City retains the authority to recall the SRO(s) if the person is needed to
respond to an emergency occurring off of School grounds.
11. DESCRIPTION OF SERVICES. The SRO(s) will provide the followings services at the
School:
A. Promote the safety and welfare of students.
B. Serve as a resource for teachers, parents and students regarding individual problems or
questions.
C. Work with the administrators and staff of the School by building relationships with
students in the prevention of delinquency.
D. The SRO will encourage positive attitudes and supportive behaviors toward school
district policies and procedures as well as the law, and demonstrate and model the responsible
exercise of authority.
E. Actively support school district policy and procedures.
F. Maintain awareness of all criminal or delinquency investigations or criminal
interrogations being done at the School and, when necessary, provide information to school
administration and District leadership. All questioning of the students will be in adherence with
District policies and administrative procedures such as AP519.
G. Perform investigations of criminal incidents occurring at the School and make proper
referrals to law enforcement as serious matters may require.
H. Provide input to School administration on matters relating to School building security and
occupant safety.
I. Participate in community and School efforts to promote positive youth development.
J. To the extent possible and consistent with other responsibilities, the SRO will wear
appropriate civilian attire while working at the School.
K. Speak to and provide curriculum support for classrooms on age appropriate subjects to
present to School students as requested by School administration.
Page 4 of 6
L. Perform other duties and assume other responsibilities as may be agreed to between the
City’s Chief Law Enforcement Officer and District administration.
M. It is required of Independent School District 281 to have any School Resource Officer
participate in school diversion efforts, which are in alignment with our District Discipline Policy.
N. For any school code violations identified or witnessed, the SRO(s) will defer the student
to the principal's office as disciplining students for code of conduct violations is a School District
Responsibility.
12. STUDENT DISCIPLINE. The SRO(s) will not recommend, determine or provide input
on student discipline by the School. Unless requested by School administration or other
personnel, the SRO is not responsible for responding to any situation that other school personnel
can adequately handle. The Parties understand and agree incidents such as disorderly conduct,
bullying, cyberbullying, disruption of school assembly or activities, profanity, dress code, and
fighting that does not involve physical injury or a weapon, shall be considered School discipline
issues to be handled by other School officials, unless the presence of the SRO(s) are necessary to
protect the physical safety of students, school personnel, or public. Nothing in this Agreement
prevents or limits the authority of the SRO(s) to exercise his or her duties as a law enforcement
officer regardless of whether the exercise of those duties occurs on or off School grounds.
13. ACCESS TO EDUCATIONAL DATA. The Parties are subject to the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13, and the School District is
subject to the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (“FERPA”). The
SRO position is not a designated “school official” with regard to the FERPA while under
contract and providing SRO services to the School District. The City agrees to comply with the
requirements of FERPA to the extent its police officer serving as the SRO obtains data from the
School District subject to FERPA.
14. PUBLIC DATA. School District officials will allow the SRO(s) to inspect and copy any
public records maintained by the School District to the extent allowed by law.
15. PRIVATE EDUCATIONAL DATA. If information in a student’s record is needed in
an emergency to protect the health or safety of the student or other individuals, School District
officials will disclose to the SRO(s) the information needed to respond to the emergency
situation based upon the seriousness of the threat to someone’s health or safety, the need of the
information in order to meet the emergency situation, and the extent to which time is of the
essence. If student record information is needed by an SRO, but no emergency situation exists,
the information may be released only as allowed by law.
16. ADDITIONAL OFFICER DUTIES. The SRO(s) will respond to emergency calls,
attend police training, and any other special duties as assigned by the City while fulfilling the
SRO requirements under this Agreement.
Page 5 of 6
17. TRAINING. The School District agrees to provide the following training at its own
cost.
a. Role of the SRO(s). The School District will provide training to School personnel
regarding the appropriate role of the SRO(s) and when personnel may request help from the
SRO(s). The training will also emphasize that personnel are not to refer students to law
enforcement because of conduct in the classroom unless the presence of the SRO(s) is necessary
to protect the physical safety of students, school personnel, or public.
18. OFFICER SUPPLIES AND EQUIPMENT. The School shall not be required to provide
the SRO(s) any clothing, uniforms, vehicles, or other equipment necessary to perform the required
duties under this Agreement.
19. INDEMNIFICATION. Each Party shall be responsible for its own acts and omissions and
the results thereof to the greatest extent authorized by law. Neither Party agrees to accept the
liability of the other. Each Party agrees to defend, indemnify and hold the other harmless from
any and all liability, claims, causes of action, judgments, damages, losses, costs, or expenses,
including reasonable attorney’s fees, directly resulting from the indemnifying Party’s own
negligent actions or inactions, or the negligent actions or inactions of the indemnifying Party’s
employees and officers. The Party seeking to be indemnified and defended shall provide timely
notice to the others when the claim is brought. The Party undertaking the defense shall retain all
rights and defenses available to the indemnified Party and no immunities or limitations on liability
are hereby waived that are otherwise available to either Party.
20. NONDISCRIMINATION. Both Parties agree they will not discriminate against any
employee or applicant for employment to be employed in the performance of this Agreement with
respect to hire, tenure, terms, conditions, or privileges of employment because of the race, color,
religion, sex, disability, or national origin or similarly protected statues of the employee or
applicant. Neither Party will, in the performance of this Agreement, discriminate or permit
discrimination in violation of federal or state laws or local ordinances.
21. NOTICE. Any notice, demand, request or other communication that may or will be given or
served by the Parties, will be deemed to have been given or served on the date the same is deposited
in the United States mail, registered or certified postage prepaid and addressed as follows:
If to the City: If to the School District:
Tim Hoyt
Police Chief
New Hope Police Department
4401 Xylon Avenue N.
New Hope, MN 55428
Bo Powell
Director of Security
4148 Winnetka Avenue North
New Hope, MN 55427
Page 6 of 6
22. APPLICABLE LAW. The Parties to this Agreement will comply with all applicable federal,
state, and local laws, rules, regulations, and ordinances in the performance of their respective
obligations under this Agreement. Minnesota law will govern the terms and the performance under
this Agreement.
23. ENTIRE AGREEMENT; AMENDMENTS. This Agreement, including the recitals which
are incorporated herein, constitutes the entire agreement between the Parties and no other
agreement prior to this Agreement or contemporaneous to this Agreement will be effective except
as expressly set forth or incorporated in this Agreement. Any purported amendment to this
Agreement will not be effective unless it is set forth in writing and executed by both Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective duly authorized officers effective as of the date indicated above.
CITY OF NEW HOPE INDEPENDENT SCHOOL DISTRICT 281
By By
Mayor Executive Director of Finance
By
City Manager
I:\RFA\POLICE\2023\Council Meetings\Violent Offender Task Force\6.5 Q ‐ Hennepin County Violent Offender Task Force.docx
Request for Action
August 14, 2023
Approved by: Reece Bertholf, City Manager
Originating Department: Police
By: Tim Hoyt, Police Chief
Agenda Title
Resolution approving the Hennepin County Violent Offender Task Force (VOTF) Cooperative Agreement and
Amendments 1 and 2
Requested Action
Staff recommends adopting the resolution authorizing New Hope to become a member of the Task Force.
Background
The city was a member of the Northwest Metro Drug Task Force which dissolved this spring. Chief Hoyt has
been considering several options for New Hope, and he recommends joining VOTF which has a focus and
emphasis on violent crimes. The city is responsible for the salary of the detective, the person’s equipment, and
overtime pay. Hennepin County’s Sheriff’s Office supervises the task force, provides financial support and
provides the physical office space. The current members of the task force include Hennepin County Sheriff’s
Office, Brooklyn Park Police Department, Brooklyn Center Police Department, Golden Valley Police
Department, Richfield Police Department, Hennepin County Attorney’s Office, and Drug Enforcement
Administration (DEA).
The city attorney has reviewed the cooperative agreement.
Attachments
Resolution
Hennepin County Violent Offender Task Force Co‐operative Agreement with Amendments
Agenda Section
Consent
Item Number
6.5
City of New Hope
Resolution No. 23‐
Resolution approving the Hennepin County Violent Offender Task Force (VOTF)
Cooperative Agreement and Amendments 1 and 2
WHEREAS, the city of New Hope is committed to enforcing laws, maintaining public order and
managing public safety; and
WHEREAS, the city of New Hope collaborates with other agencies to provide effective law
enforcement; and
WHEREAS, the Hennepin County Violent Offender Task Force is a cooperative partnership for the
enforcement of violent offender laws; and
WHEREAS, each member agency provides a peace officer, and the task force cooperates with other
federal, state, and local law enforcement agencies to accomplish the Task Force’s
purpose.
NOW, THEREFORE BE IT RESOLVED that the City Council of the city of New Hope authorizes
joining the Hennepin County Violent Offender Task Force (VOTF) and approves the
Cooperative Agreement and Amendments 1 and 2.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 14th day of
August, 2023.
___________________________
Mayor
Attest: ________________________
City Clerk
i:\rfa\city manager\2023\liquor license winnetka liq\7.1 q ‐ offsale license 08.14.23.docx
Request for Action
August 14, 2023
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk/Treas.
Agenda Title
Public Hearing – Motion approving an off‐sale liquor license to Dilip LLC, dba Winnetka Liquor, 3544
Winnetka Avenue North
Requested Action
A public hearing is necessary to consider issuance of an off‐sale liquor license.
Policy/Past Practice
City code section 10‐17 requires Council to hold a hearing on liquor license applications. City code limits the
number of off‐sale liquor licenses to four.
Background
The liquor store known as Winnetka Liquor was recently sold. The new owner is Dilip Sunar. He has
completed the necessary paperwork and paid a $500 background investigation fee. The background
investigation was conducted by Detective Michael Keithahn. Det. Keithahn found nothing detrimental in the
background investigation which would prohibit issuance of the license.
The applicant and a colleague will be in attendance if Council has questions.
After allowing for public comment, if Council desires to approve the license, a motion should be made to
close the hearing followed by another motion to grant the license. If Council supports the license approval,
paperwork will be submitted to the state requesting license approval effective August 14, 2023.
Attachments
Public Hearing notice
Memorandum by Det. Keithahn
Agenda Section
Public Hearing
Item Number
7.1
-Public Notice Ad Proof-
Ad ID: 1329432
Copy LIne: August 14 PH Off Sale Liquor L
PO Number:
Start: 07/27/23
Stop: 07/27/2023
Total Cost: $57.60
# of Lines: 38
Total Depth: 4.222
# of Inserts: 1
Ad Class: 150
Phone # (763) 691-6000
Email: publicnotice@apgecm.com
Rep No: SE700
Date: 07/18/23
Account #: 412484
Customer: CITY OF NEW HOPE
Address: 4401 XYLON AVE N
NEW HOPE
Telephone: (763) 531-5117
Fax:
This is the proof of your ad scheduled to run on the dates
indicated below. Please proof read carefully. If changes are needed,
please contact us prior to deadline at
Cambridge (763) 691-6000 or email at publicnotice@apgecm.com
Ad Proof
Not Actual Size
Publications:
SP Robb/Crystal/NewHope/GoldV
Contract-Gross
CITY OF NEW HOPE, MINNESOTANOTICE OF HEARING FOR LIQUOR LICENSE
Notice is hereby given that the
New Hope City Council will meet at
City Hall, 4401 Xylon Avenue North,
in said city on August 14, 2023, at
7:00 p.m., or as soon thereafter as
may be heard for the purpose of
holding a public hearing to consid-
er granting an off sale liquor license
to:
Dilip LLC, dba Winnetka Liquor,
3544 Winnetka Avenue North
All interested persons are invit-
ed to attend the public hearing and
be heard for or against granting the
license.
Accommodations such as a sign
language interpreter or large print-
ed materials are available upon
request at least 5 working days in
advance. Please contact the City
Clerk to make arrangements (tele-
phone 763-531-5117).
Valerie Leone
City Clerk
Published in the
Sun Post
July 27, 2023
1329432
Memorandum
To: Valerie Leone
From: Detective Mike Keithahn
Date: 07/24/23
Subject: Liquor License application for Dilip LLC
Application
Type of Business: Limited Liability Company (Domestic)
Sales Tax # 8852031
Type of License: Off Sale intoxicating liquor
Name of Business: Dilip LLC; dba Winnetka Liquor, 3544 Winnetka Ave N. New Hope, MN.
Business
Organization: Dilip, LLC
Owner: Dilip Sunar
Registered Office Address: 7141 42nd Ave N, MN. 55427
Premises: 3544 Winnetka Ave N. New Hope, MN.55427
Financials: Bank of America
Workers’ Compensation Insurance: NONE PROVIDED
Liability Insurance: NONE PROVIDED
Secretary of State: Filing Number: 1393509800028; Business Type: Limited Liability Company
(Domestic); Filing date: 05/30/2023; Status: Active/In good standing; MN Statute: 322C; MN
Business name: Dilip LLC; Registered office address: 7141 42nd Ave N. New Hope, MN. 55427
Assumed Name
Dilip LLC, dba: Winnetka Liquor
Financials
Bank of America
5317 Belair Rd.
Baltimore, MD. 21206
(Personal Checking)
Financials not reviewed, per discussion with City Clerk Valerie Leone.
Page 2
Insurance
Workers’ Compensation Insurance: NONE PROVIDED
Liability Insurance: NONE PROVIDED
Investigation
I completed a variety of local, State and Federal record checks and verified the contents of the
application based on the information provided by Dilip Sunar.
Summary
I completed a background investigation for a liquor license application required under New Hope
City Ordinance and applicable State laws. I identified applicant Dilip Sunar of Dilip LLC., dba:
Winnetka Liquor, 3544 Winnetka Ave N. New Hope, MN. 55427.
Based on information provided to the City, at this time due to not providing insurance
information, I was not able to verify any liquor liability insurance or workers’ compensation
insurance for an Off Sale Liquor License: Dilip LLC., dba: Winnetka Liquor, 3544 Winnetka
Ave N. New Hope, MN. 55427.
I did not find any other prohibiting factors.
Respectfully,
Mike Keithahn
Detective
New Hope Police Department
NH 23012983
I:\RFA\City Manager\2023\Ordinances\Ord 23‐04\10.1 Q ‐ ord. 23‐04 adoption.docx
Request for Action
August 14, 2023
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treas.
Agenda Title
Ordinance 23‐04, An ordinance amending Chapter 11 of the New Hope City Code by adding Section 11‐15
prohibiting cannabis use on public property
Requested Action
Staff recommends adoption of the new ordinance drafted by the city attorney that prohibits cannabis use on
public property and public places.
Policy/Past Practice
Ordinances provide regulations to govern general and various activities and situations which actually or may
occur or exist in the city, and which will or may affect the general welfare and safety of residents of the city,
with the intention of promoting and protecting the health, safety and welfare of the citizens of the city.
Background
Due to the legalization of using and possessing marijuana (cannabis), it is necessary to adopt an ordinance
prohibiting its use on public property. The city attorney’s office drafted the attached ordinance, and it is
supported by the police chief.
Recommendation
Staff recommends adoption of the proposed ordinance.
Attachment
Ordinance No. 23‐04
Agenda Section
Ordinances &
Resolutions
Item Number
10.1
ORDINANCE NO. 23-04
AN ORDINANCE AMENDING CHAPTER 11 OF THE NEW HOPE CITY CODE BY
ADDING SECTION 11-15 PROHIBITING CANNABIS USE ON PUBLIC PROPERTY
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Chapter 11 – Traffic Regulations and Criminal and Miscellaneous Offenses is
amended to add Section 11-15 with the underlined text as follows:
Sec. 11-15. – Prohibiting Cannabis Use On Public Property.
(a) Definitions
(1) Public property, for purposes of this Section, means the following real property that is
owned, managed, or controlled by the City: City Hall, Police Department, all other City
buildings and all the land thereon, parking lots, Aquatic Center and surrounding grounds,
all City parks, Golf Course, Ice Arena, pathways and trails, and any City personal
property, such as motor vehicles, and City equipment.
(2) Cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived
consumer products shall have the meanings as defined in Minn.Stat.§ 342.01 (enacted
under Minnesota Laws 2023).
(b) Prohibition. No person shall use cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products on the public property described above.
(c ) Penalty. A violation of this Section is a misdemeanor.
Section 2. Effective Date. This ordinance shall be effective upon passage and publication.
APPROVED by the New Hope City Council this 14th day of August, 2023.
ATTEST Kathi Hemken, Mayor
_____________________________________
Valerie Leone, City Clerk
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-82304 Prohibiting Cannabis Use on Public Property - Section 11-15\Ordinance No. 23-04
Prohibiting Cannabis Use on Public Property - Section 11-15 - 2nd draft clean.docx
https://newhopemn‐my.sharepoint.com/personal/vthompson_newhopemn_gov/Documents/Desktop/12.1 Q ‐ Upcoming Events.docx
Request for Action
August 14, 2023
Approved by: Reece Bertholf, City Manager
Originating Department: City Manager
By: Reece Bertholf, City Manager
Agenda Title
Exchange of communication between members of the city council
Upcoming meetings and events:
Aug. 15 Safety Camp
Aug. 16 Safety Camp
7 p.m. to 8:30 p.m. – Music in the Park, “Innocent Reggae Band” at New Hope
Performance Center
Aug. 17 8:30 a.m. – Bassett Creek Watershed Management Commission
Safety Camp / 5 p.m. – Safety Camp Graduation
Aug. 18 11 a.m. to 2 p.m. – Food Truck Friday at New Hope City Hall (last one for the season)
Aug. 20 Last Day Aquatic Park is Open for the Season
Aug. 21 6/6:30 p.m. – City Council Work Session
Aug. 24 8:30 p.m. – Movie in the Park, “Minions: The Rise of Gru” at New Hope Performance
Center
Aug. 28 7 p.m. – City Council Meeting
Agenda Section
Other Business
Item Number
12.1