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HomeMy WebLinkAbout10-11-16 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, OCTOBER 11, 2016 CITY COUNCIL MEETING AGENDA 6:45 P.M. CLOSED SESSION 7:00 (or upon completion of proceeding closed session) REGULAR MEETING 6:45 p.m. Closed Meeting for Personnel Matter(closed pursuant to Minn. Stat. 13D. 05, Subd. 3(b)) 7:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda (Estimated) 7:05 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff 7:10 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 7:15 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Worksession Notes— September 27, 2016 (pg. 3) C. Approve JPA with Police Dept. and State of MN (pg. 9) D. Approve and Appoint Election Judges for 2016 General Election (pg. 27) E. Approve Summary of Ordinance 404 Amendment for Publication (pg. 29) F. Approve Summary of Ordinance 601 Amendment for Publication (pg. 35) 7:15 p.m. V. Public Hearings A. Hold Assessment Hearing and Consider Resolution Adopting Special Assessments — Street and Utility Improvements—64th, 65th and Ozark Ave. (pg. 39) 7:25 p.m. VI. Old Business None 7:25 p.m. VII. New Business A. Review Application for Kennel Permit from Shari Innes (pg. 53) 7:35 p.m. XIII. Other Council Items or Announcements 7:35 p.m. IX. Adjournment Page 1 of 56 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 2 of 56 i Oak Park Heights Request for Council Action Meeting Date October 11, 2016 Agenda Item Approve City Council Minutes — September 27. 2016 Time Req. 1 Agenda Placement Consent Originating Department/Requester A inistration/Jennifer Pinski Requester's Signature Action Requested approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached Page 3 of 56 CITY OF OAK PARK HEIGHTS MONDAY, SEPTEMBER 27, 2016 CITY COUNCIL MEETING MINUTES L Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 7:00 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, Finance Director Caruso, Public Works Director Kegley, City Engineer Mann, and City Planner Richards. Absent: None. Mayor McComber added New Business Item F: "Consider TIF 1-1 Plan Amendment" to the Agenda. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda as amended. Carried 5- 0. II. Council/Staff Reports: A. Mayor McComber: She reported the next Parks Commission meeting was set for October 17 at 7:00 p.m., the LMC and MetroCities Policy Committees would be sending out draft policies for comment; the League of Minnesota Cities was doing a"Mayor for a Day" contest and information was on the City's website; and Fall clean-up was set for October 1 from 7:30 a.m. to 1:00 p.m. B. Councilmember Dougherty: He reported he attended the Chamber of Commerce 125`t' celebration. C. Councilmember Liljegren: No report. D. Councilmember Runk: He reported the last Planning Commission meeting was September 15, and the October meeting was cancelled. E. Councilmember Swenson: He reported the cable franchise agreement was expected to be signed the following month. F. Staff: City Clerk Pinski reported that Thomas Houle of 5676 Novak Avenue North was chosen as the recycling award winner. III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Worksession Notes— September 13, 2016 C. Approve City Council/Parks Commission Joint Worksession Notes-- September 19, 2016 D. Approve City Council Minutes— September 13, 2016 E. Approve Engineering Proposal for Memorial Avenue Traffic Study Page 4 of 56 City Council Meeting Minutes September 27, 2016 Page 2 of 4 F. Approve 2016-2017 Snow Plowing Agreement G. Approve Amendments to Purchase Policy and Give Authority to Finance Director with City Administrator Review and Approval to Make Minor Changes to the Finance Policies and Procedures Councilmember Liljegren, seconded by Councilmember Runk, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public hearings: None V1. Old Business: A. Sanitary Se%vcr SCADA Project Award: Public Works Director Kegley recommended the project be awarded to Killmer Electric for the base bid amount of$151,800. Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the low bidder Killmer Electric. Carried 5- 0. B. Considcr Cita Ordinance Amendments to Sec. 404 — Stormwater Drainage and Development Practices for MIDS: City Administrator Johnson recommended approval of the MIDS element changes to Ordinance 404. Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the Ordinance amendment as presented. Carried 5-0. VII. New Business: A. Adopt Resolution A rovin 20I 7 Pro osed Bud0ct and Proposed Tax Levies: Finance Director Caruso reported the proposcd 2017 budget was $5,639,646 which was a decrease of$8,914 f i-om 2016. She stated the levy amount needed was $5,193,661 which was an increase of.04 percent over 2016. Councilmember Liljegren, seconded by Councilmember Runk, moved to approve the Resolution. Roll call vote taken. Carried 5-0. B. Schedule Public Comment/Hearing for Truth in Taxation: Councilmember Runk, seconded by Councilmember Liljegren, moved to approve scheduling the Truth in Taxation Hearing for 7:00 p.m. on December 13. Carried 5-0. C. Conditional Use Permit for a Memory Care and Assisted Living Building Expansion, and. Conditional Use and Variances for Setbacks and Building Height at 6060 Oxboro Avenue Oak Ridge Place City Planner Richards reported the request was for a CUP and variances for a 16-room memory care facility and 26 additional assisted living units. Page 5 of 56 City Council Meeting Minutes September 27, 2016 Page 3 of 4 Councilmember Dougherty, seconded by Councilmember Runk, moved to approve the Resolution. Roll call vote taken. Carried 5-0. D. Osgood Avenue—CSAH 24— Improvements RFP: Councilmember Runk, seconded by Councilmember Swenson, moved to send the proposed letter to Washington County Public Works as presented. Carried 5-0. E. Consider Amendments to Citv Ord. 601.14: Mayor McComber reported that the City reccivcd a comment fmm a resident which was provided to the City Council at t1ie meeting. Councilmember Swenson, seconded by Councilmember Runk, moved to approve the amendments as presented by the City Administrator. Roll call vote taken. Carried 5-0. F. Consider TIF I-I Plan Amendment: Councilmember Runk, seconded by Councilmember Swenson, moved to approve the Resolution for modification. Roll call vote taken. Carried 5-0. Councilmember Dougherty, seconded by Councilmember Liljegren, moved to approve the Interfund Loan Resolution. Roll call vote taken. Carried 5-0. VIII. Other Council Items or Announcements: Councilmember Swenson, seconded by Councilmember Runk, moved to reconsider Consent Agenda Item A. Carried 5-0. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve Bills and Investments, checks 60485 through 60527. Carried 5-0. IX. Closed Session A. City Administrator Annual„Performance Review (closed pursuant to MN Stat. 13D.05, Subd. 3(a)): City Attorney Vierling reported that the City Council was going into a closed session for the purposes of the annual performance review of the City Administrator and that the session would be tape recorded and kept for a period of two years as per statute. Councilmember Liljegren, seconded by Councilmember Runk, moved to go into a closed session at 7:43 p.m. Carried 5-0. Mayor McComber reopened the meeting at 7:48 p.m. City Attorney Vierling reported that during the closed session, the City Council reviewed annual review farms and the comments were positive. Page 6 of 56 City Council Meeting Minutes September 27, 2016 Page 4 of 4 X. Adjournment Councilmember Swenson, seconded by Councilmember Liljegren, moved to adjourn at 7:48 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 7 of 56 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 8 of 56 Oak Park Heights Request for Council Action Meeting Date: 10-11-2016 Time Required: 1 min. Agenda Item Title: Approve JPA with Police Dept. and State of MN Agenda Placement: Consent Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Approve JPA with Police Dept. and State of MN Background/Justification: The police department and the city attorney use the BCA information systems for charging and criminal history information. This is a system in which the criminal complaints we file are done electronically with the police department, prosecuting attorney's, and the courts system. This agreement also covers our connection to the state records system which is also a conduit to the federal records system. These are high priority connections and essential to the function of the police department. Part of the process is updating our Joint Powers Agreement with the state. This agreement was last signed in 2010. The state is asking for a resolution of approval, and signatures of the Mayor and City Administrator on the corresponding documents. Page 9 of 56 RESOLUTION NO. RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF OAK PARK HEIGHTS ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Oak Park Heights on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Oak Park Heights, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Oak Park Heights on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 2. That the Chief of Police , Brian DeRosier, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and fools offered by the State. To assist the Authorized Representative with the administration of the agreement, Sandy Kruse is appointed as the Authorized Representative's designee. 3. That the City Attorney, Mark Vierling, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Emma Hause is appointed as the Authorized Representative's designee. 4. That Mary McComber, the Mayor for the City of Oak Park Heights, and Eric A. Johnson, the City Administrator, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this day of -, CITY OF OAK PARK HEIGHTS By: Mary McComber Its Mayor ATTEST: By: Eric A. Johnson Its City Administrator Page 10 of 56 SWIFT Contract# 100694 MN08221 I A STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension("BCA")and the City of Oak Park Heights on behalf of its Prosecuting Attorney("Agency"). Recitals Under Minn. Stat. § 471.59,the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in perfonning their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN)and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch,web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation(FBI)National Crime Information Center. 1 Page 11 of 56 SWIFT Contract# 100694 MN08221 1 A 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems(FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening(pre- employment), security,timeliness, training, use of the system,and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://beanextest.x.state.mn.us/launchpad/. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.stttte.rnn.us/sites/bcasei-vicecatalowdefault.asp Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.nin.-,oN/d it inions,/bea/bca- divisions/mnEislDocuments/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency(i)satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and(iii)acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal Justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 29 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement,the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk(c state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to mect FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in.Clause 2.2A or indirect access as described in Clause 2.213, BCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C,the Agency must 2 Page 12 of 56 SWIFT Contract# 100694 MN082211 A keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record mint include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six(6)years from the date the transaction occurred and must be made available to the BCA within one(1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees(see Clause 3 below), and transaction records or logs,that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening.The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency understands there is a cost for access to the criminal justice data communications network described in Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. Agency will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Agency will provide updated information to RCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized.Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Mark VierIing, City Attorney, 1809 Northwestern Avenue, Stillwater, MN 55082, (651)439-2878, or his/her successor. 5 Assignment,Amendments,Waiver,and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement,except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and. approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement,whether written or oral, may be used to bind either party. 3 Page 13 of 56 SWIFT Contract# 100694 MN082211 A 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law,the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases,the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Mita Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that tern is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User"means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment.None of these provisions alter the Agency's internal discipline processes, including those governed by a 4 Page 14 of 56 SWIFT Contract# 100694 MN08221 I A collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered., after notice of aii allc�ed violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 1 1.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or tenninate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 1.0 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause,upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However,the BCA will be entitled to payment,determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature,or other funding source,not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and l O.Venue. 5 Page 15 of 56 SWIFT Contract# 100694 MN08221 I A The parties indicate their agreement and authority to execute this Agreement by signing below. [. AGENCY 2. DEP:1RT!NIENT 01: PL'BL[(' SA[,ETF, BUREAU OF CRIMINAL APPREIIENSION �';ime: iti'Iar4 Mc('�u�ther (PRINTED) Name: (PRINTED) S1 d: Signed: Title:Mayor (with delegated authority) Title: (with delegated authority) Date: Date:. 3. COMMISSIONER OF ADMINISTRATION Name:Erie A.Johnson delegated to Materials Management Division (PRINTED) By: Signed: Date: Title:City Administrator (with delegated authority) Date: 6 Page 16 of 56 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Oak Park Heights on behalf of its Prosecuting Attorney ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 100694, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient. performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: I. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f)hereof. 2. Defwnitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. Page 17 of 56 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is LIS) or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use Iimitations. 2. Page 18 of 56 f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. "Court" shall mean the State of Minnesota, State Court Administrator's Office. h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 Page 19 of 56 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. C. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 Page 20 of 56 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 Page 21 of 56 C. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. L Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies; thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore. Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 6 Page 22 of 56 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. if Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that; (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 7 Page 23 of 56 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal Iaw; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NO"I LIMI`I F.D TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF TI IE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 8 Page 24 of 56 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MA.IEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. F'very provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. 9 Page 25 of 56 IN WITNESS W14LR1 F. the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate. intending to be bound thereby. 1. SUBSCRIBER(AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Subscriber roust attach written verification of authority to sign on behalf of and bind the entity, Name: such as an opinion of counsel or resolution. (PRINTED) Name:Miry McComber Signed: (PRINTED) Signed: Title: (with delegated authority) Title:Maw Date: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Name:Eric A.Johnson Date: (PRINTED) Signed: 4. COURTS Authority granted to Bureau of Criminal Apprehension Title: Citv Administrator Name: (with delegated authority) (PRINTED) Date: Signed: Title: (with authorized authority) Date: 10 Page 26 of 56 r Oak Park Heights Request for Council Action Meeting Date October 11, 2016 Agenda Item Approve and Appoint Election Judges for 2016 General Election Time Req, 0 Agenda Placement Consent Originating Department/Requestor inistration/Jennifer Pinski h Requester's Signature Action Requested Appoint Election Judges Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Listed below are staff recommendations for 2016 Election Judges for your approval and appointment (subject to satisfactory completion of required training). Election Judge pay is $10 per hour for judges and $12 per hour for Head Judges. Barbara Jo Choiniere Wayne Kassera Mary Spencer Karen McQuillan Brandace Sokola Gina Bias-Zeuli Rita Schoenecker Janet Stevens Jodi Haefs Donald Groschen Richard Tunender Joy Linder Maggie Hart Mary Meyenburg Ann Marie Lemon Christina Mitchell Pat Watkins Theresa Rankila Marianne Nolde Jere Fetter Mary Jo Bouchic Emma Roslin Mark Zempel Marie Goebel Emilie Carlson Warren Wasescha Joseph Carufel Arlan Hawley Jill Odens Curtis Volkmann Thomas Houle Jeanne Tongson Page 27 of 56 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 28 of 56 VT 0-0- Oak Farb Heights Request for Council Action Meeting Date October 11, 2016 Agenda Item.Approve Summary of Ordinance 404 Amendment for Publication Time Req. Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 29 of 56 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2016-404-09 AN ORDINANCE AMENDING CHAPTER 404 OF THE CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS RELATING TO REGULATING AND ESTABLISHING STANDARDS FOR STORMW.ATER DRAINAGE AND DEVELOPMENT PRACTICES AFFECTING ISSUES OF EROSION AND SEDIMENTATION CONTROL THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,. MINNESOTA, DOES ORDAIN: Section 1. That the introduction for Section 404.01 of Ordinance 404 of the Code of Ordinances of the City of Oak Park Heights is hereby amended to delete and replace in its entirety the following language: 404.01 Application. All new subdivisions, planned unit developments, plats, and other developments of real property shall incorporate adequate provisions for storm water runoff consistent with the Oak Park Heights Storm Water Management Plan (SWMP) as amended, and with established City policies and ordinances particularly Soil Erosions and Restrictive Soils Ordinances of the City of Oak Park Heights and shall conform to the following standards found herein. This ordinance is also adopted pursuant to the authorization and policies contained in Minnesota Statutes §§ 103B, 103D and, 462; Minnesota Rules, Parts 6120.2500 to 6120.3900; and Minnesota Rules Chapters 8410 and 8420. This ordinance is also intended to meet the construction site erosion and sediment control and post-construction stormwater management regulatory requirements for construction activity and small construction acti\ity (NPDES Permit) as defined in 40 CFR 122.26(b)(14)(x) and (b)(15), respectively. This ordinance is also intended to meet the Minimal Impact Design Standards (MIDS) developed under Minnesota Statutes § 115.03, subd. 5c. All stormwater management activities shall comply with MIDS and/or requirements of the relevant Watershed Management Organization and/or Watershed District. Section 2. That Section 404.01.A. of Ordinance 404 of the Code of Ordinances of the City of Oak Park Heights is hereby amended to delete and replace in its entirety the following language: A. Plan Required. The proposed provisions for storm water runoff shall be documented in a stormwater runoff water management plan, prepared by a registered professional engineer to the minimum standards described in paragraph B of this policy. Page 30 of 56 Section 3. That the first sentence in Section 404.01.13 of Ordinance 404 of the Code of Ordinances of the City of Oak Park Heights is hereby amended to delete and replace in its entirety the following: B. Mininllim Standards for Runoff Water Management Plans. A stormx\ater runoff management plan shall include the following items: Section 4. That Section 404.01.13.6 of Ordinance 404 of the Code of Ordinances of the City of Oak Park Heights is hereby amended to delete and replace in its entirety the following language: 6. A checklist of Best Management Practices to demonstrate that, to the maximum extent practical, the plan has incorporated the structural, on-structure, and on-site Best Management Practices to meet the stormwater quality and volume control standards of MIDS and the Minnesota Stormwater Manual. Section 5. That the first paragraph in Section 404.01.8.9 of Ordinance 404 of the Code of Ordinances of the City of Oak Park Heights is hereby amended to delete and replace in its entirety the following language: 9. Where on-site water quality detention basins are required, copies of the calculations determining the design of the basins. The size and design considerations will be dependent on the receiving waterbody's water quality category, the imperviousness of the development, and the degree to which on-site infiltration of runoff is encouraged. Design of on-site detention basins, as described in the site's Runoff Water Management Plan, shall incorporate recommendations from the Minnesota Stormwater Manual published by the Minnesota Pollution Control Agency. The following design considerations are required for on-site water quality detention basins based on the receiving water's water quality category. These designs include permanent detention for water quality treatment; extended detention designs may be substituted provided that they provide treatment equivalent to the requirements below: Section 6. That a new section 404.02 be added to Ordinance 404 of the Code of Ordinances of the City of Oak.Park Heights as follows and the remaining Sections be renumbered: 404.02 Flexible treatment alternatives for sites with restrictions A. Applicant shall fully attempt to comply with the appropriate performance goals described in section 404.02(D) above. Options considered and presented shall examine the merits of relocating project elements to address varying soil conditions and other constraints across the site. If full compliance is not possible due to any of the factors Listed below, the applicant must document the reason. If site constraints or restrictions limit the full treatment goal, the following flexible treatment options may be considered: Applicant shall document the flexible treatment options sequence starting with Alternative #1. If Alternative #1 cannot be met, then Alternative#2 shall be analyzed. Page 31 of 56 Applicants must document the specific reasons why Alternative #1 cannot be met based on the factors listed below. If Alternative #2 cannot be met then Alternative #3 shall be met. Applicants must document the specific reasons why Alternative #2 cannot be met based on the factors listed below. When all of the conditions are fulfilled within an alternative, this sequence is completed. Volume reduction techniques considered shall include infiltration, reuse & rainwater harvesting, canopy interception & evapotranspiration, and additional techniques included in the MIDS calculator and the Minnesota Stormwater Manual. Higher priority shall be given to BMPs that include volume reduction. Secondary preference is to employ filtration techniques, followed by rate control BMPs. Factors to be considered for each alternative will include: I. Karst geology 2. Shallow bedrock. 3. High groundwater 4. Hotspots or contaminated soils 5. Drinking Water Source Management Areas or within 200 feet of drinking water well 6. Zoning, setbacks or other land use requirements 7. Poor soils (infiltration rates that are too low or too high, problematic urban soils) 8. Cost Analysis. B. Alternative 41: Applicant attempts to comply with the following conditions: 1. Achieve at least 0.55 inch (0.55") volume reduction from all impervious surfaces if the site is new development or from the new and/or fully reconstructed impervious surfaces for a redevelopment site. 2. Remove 75% of the annual TP load from all impervious surfaces if the site is new development or from the new and/or fully reconstructed impervious surfaces for a redevelopment site. 3. Options considered and presented shall examine the merits of relocating project elements to address, varying soil conditions and other constraints across the site. C. Alternative#2: Applicant attempts to comply with the following conditions: 1. Achieve volume reduction to the maximum extent practicable. 2. Remove 60% of the annual TP load from all impervious surfaces if the site is new development or from the new and/or fully reconstructed impervious surfaces for a redevelopment site. 3. Options considered and presented shall examine the merits of relocating project elements to address, varying soil conditions and other constraints across the site. D. Alternative #3: Off-site Treatment. Mitigation equivalent to the performance of 1.1 inches (1.1") of volume reduction for new development or redevelopment, (including banking or cash) can be performed off-site to protect the receiving water body. Off- site treatment shall be achieved in areas selected in the following order of preference: I. Locations that yield benefits to the same receiving water that receives runoff from the development activity. 2. Locations within the same Department of Natural Resource (DNR) catchment area(Hydrologic Unit 08) as the development activity. 3. Locations within the next adjacent DNR catchment area upstream. 4. Locations anywhere within the community's jurisdiction. Page 32 of 56 2. Other Design Standards A. Minnesota Storinwater Manual. All volume control for water quality and quantity and site design specifications shall conform to the current version of the Minnesota Stornlwater Manual. B. Site erosion and sediment control requirements. -Nll erosion and sediment control requirements shall conform to the current requirements of NPDES/SDS Construction Stormwater General Permit. C. WMO /WD requirements. All stormwater management and erosion and sediment control activities shall comply with all applicable requirements of the Watershed Management Organizations or Watershed Districts in which the project is located. In case provisions in this ordinance and requirements of watershed district or watershed management organizations overlap or conflict, the strictest provisions shall apply to the activities. D. MIDS calculator. Final site design and choice of permanent stormwater volume reduction practices shall be based on outcomes of the MIDS Calculator (or other City approved model that shows the performance goal can be met) and other requirements of the applicable watershed district or watershed management organization. Section 7. Effective Date. This ordinance shall be in full force and erect from and after its passage and publication according to law. Passed by the City Council of the City of Oak Park Heights, Washington County, Minnesota, on this 1 lth day of October, 2016. CITY OF OAK PARK HEIGHTS Mar\ McC onlber. Ma\'or Attest: Eric Johnson, City Administrator Page 33 of 56 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 34 of 56 r 4e" - Oak Park Heights Request for Council Action Meeting Date October 11, 2016 Agenda Item Appr we Summar- of Ordinance 601 Amendment for Publication Time Rey. Agenda Placement Consent Originating Department/Requestor inistration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 35 of 56 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2016-601-08 AN ORDINANCE AMENDING CHAPTER 601 OF THE CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS RELATING TO REGULATING DOGS AND CATS WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: Section 1. That Ordinance 601 of the Code of Ordinances of the City of Oak Park Heights is hereby amended to add the following language as Section 601.14 A.4.: 4. The owner of any dog declared a"potentially dangerous dog" shall cause the removal of the dog from the City as outlined in 601.14 A. After a minimum of ten days following the removal of the dog, the owner may appeal to the City Administrator to again keep or maintain the dog in the City. Such appeal shall include the following: a. Provide in writing to the City the request to return the dog to the City. This letter must be signed (or cosigned) by the property owner. b. Provide veterinarian documentation on all required vaccinations being complete and up to date for such dog. C. Provide documentation that the dog (and any other dog or cat in the home) is duly licensed. d. Provide detailed third-party written certification that the dog has passed a"Canine Good Citizen" obedience training test and program as approved by the American Kennel Club; which must be taken (or retaken) after the "potentially dangerous dog" finding has been made. Such certification will include written and signed documentation showing the professional entity the examiner is representing along with proof of liability insurance. The examiner and certifying entity will attest that the dog has shown no signs of aggression or similar behavior, and the dog does not chase or otherwise leave the homeowners property or act in an aggressive manner. This certification will include the credentials of the examiner from the AKC showing current standing and type of certification. e. Provide documentation from the property owner's insurance provider that such homeowner's (or other) policy does for liability purposes cover the dog residing in the residence. E Provide a written signed statement that the dog has not been kept in the City during this appeal process. g. Provide a $50.00 fee payable to the City to the cover City costs for review of the appeal and its related elements. h. Provide verification that dog will be kept inside a fenced yard capable of containing the animal at all times while outside of the residence. Electronic Page 36 of 56 control fences will not meet the criteria of this ordinance. If the dog is taken outside the home and fenced area or removed from the property within this City, the dog will be under control by static leash and muzzle by a person competent to control the animal. Section 2. That Section 601.14.13. of Ordinance 601 of the Code of Ordinances of the City of Oak Park Heights is hereby amended to be renumbered as 601.14.E. and amended to read as follows: E. This Section (601.14) shall not apply to police dogs under the control of a licensed law enforcement officer during the performance of official police activates. Section 3. That a new section 601,14.8,, a new section 601.14.C., and a new section 601.14.D. be added to Ordinance 601 of the Code of Ordinances of the City of Oak Park Heights as follows: B. The City Administrator shall consider this submitted documentation and if all items are complete and in satisfactory condition, the City Administrator shall issue a written finding that the dog may be returned to the City. C. Should the dog subsequently be found as a potentially dangerous dog for a second event, the dog shall be removed from the City consistent with this ordinance and the City shall not afford a secondary appeal process to again return the dog to the City. D. Notwithstanding the provisions found in this Section, in all circumstances the dog, owner and property must be compliant with all other rules and ordinances of the City. Section 4. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed by the City Council of the City of Oak Park Heights, Washington County, Minnesota, on this 1 lth day of October, 2016. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor Attest: Eric Johnson, City Administrator Page 37 of 56 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 38 of 56 1. Oak Park Heights Request for Council Action Meeting Date October 11th, 2016 Time Required: 10 minutes Agenda Item Title; Hold Assessment Hearing anti Consider Resolution Adopting Special Assessments—Street and Utility Improvements-64t'', 65th and Ozark Ave. Agenda Placement Old Business Originating Department/Reque l e.lohnson. City Administrator Requester's Signature Action Requested Please sc!Aclovt Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please find attached a resolution and its related Assessment Rale necessary for adopting assessments for the Street and Utility Improvements in the necessary areas. This resolution is to be considered following the public hearing on the assessments, to be held on October 11th, 2016. The Council is anticipated to:. • Open a public hearing, • Consider any objections or commentary --if any, • Close such public hearing, • Discuss any requested Council amendments to Assessment Role • Adopt resolution. T. Resolution adopting assessment roll The following is an excerpt from the At the assessment hearing the council shall hear and consider all objections LMC that also outlines the general to the proposed assessment,whether presented orally or in v.-riting.The process: council has some flexibility before it adopts the assessment roll and may change,or amend,the proposed assessment as to any parcel_Council must, by resolution,adopt the same as tate special assessment against the lands named in the assessment roll.Once the assessment roll is adopted the assessments are set and become liens against the properties listed.The council must prepare a record of the proceedings and written findings as to the amount of the assessment roll at this hearing. Page 39 of 56 RESOLUTION NO. EXTRACT OF THE MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,MINNESOTA HELD OCTOBER I Ph 1 2016 Pursuant to due call and notice therefor, a regular meeting of the City Council of the City of Oak Park Heights, Minnesota was duly held at the Oak Park Heights City Hall in said municipality on the I Ith day of October,at 7:00 p.m. The following members were present: The following members were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION ADOPTING SPECIAL ASSESSMENTS TO BE LEVIED ON VARIOUS BENEFITED PROPERTIES WITHIN THE CITY OF OAK PARK HEIGHTS,MINNESOTA,AS A PART OF THE CITY'S STREET AND UTILITY IMPROVEMENTS BE IT RESOLVED by the City Council (the "Council") of the City of Oak Park Heights, Minnesota(the"City"),as follows: WHEREAS, on November 6, 2013, the Council held a public hearing (the "Improvement Hearing") under Minnesota Statutes, Chapter 429, as amended (the "Act"), to discuss and consider various street reconstruction projects, including the installation of concrete curbing, and associated storm water infrastructure improvement and replacement as a part of the City's 2014 Street and Utility Improvements (the "Improvements"), in and along portions of certain streets which also included the streets as follows: 6411' Street, 65"b Street and Ozark Avenue North, (collectively, the "Assessment Area" and further defined as shown on the map included herein and as defined in the Feasibility report dated October 2013 and as approved within the Improvement Hearings actions as found in City Resolution 15- 04-24) } T,"y `1�"=.ride . ��I 1"•, . :,xa�* .�. ��-s �Sr, �t� v� oda " �rr°� .I. •' tang�.i�"'� ' Y �r :.��, it tY SFr:"`" ";.• 67kT«. �7 i=Y� 777 Page 40 of 56 WHEREAS,the City is additionally planning to construct water main improvements and sanitary sewer improvements in portions of the Assessment Area, but at this time these improvements are not proposed to be assessed to benefiting properties, nor will they be financed through general obligation improvement bonds; and WHEREAS,the Council ordered the Improvements following the Improvement Hearing, and the City Engineer prepared and/or reviewed bids and specifications for the construction of the Improvements; and WHEREAS, subsequent to the preparation of the bids and specifications for the construction of the Improvements, City staff, under the direction of the Council, calculated the total expenses of the Improvements, the total amount to be assessed against benefited properties within the Assessment Area, and the specific amount to be assessed against each individual parcel within the Assessment Area; and WHEREAS, the Council adopted a resolution at its September 13'x', 2016 meeting calling for a public hearing(the "Assessment Hearing") on the imposition of special assessments (the "Assessments") on properties benefited by the Improvements, notice of which has been duly and timely published in the Stillwater Gazette and mailed to owners of parcels to be benefited by the Assessments, all as required by the Act;and WHEREAS, the City has created a proposed assessment roll (the "Assessment Roll"), which has been made available for public inspection at the City Administrator's office at City Hall;and WHEREAS,the Assessment Hearing has been held on the date hereof,and all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights,. Minnesota, as follows: 1. The Assessment Roll is accepted and shall constitute the special assessments against the parcels named therein, and each tract of land therein included is found to be benefited by the Improvements in the amount of the Assessment levied against it. 2. Such Assessments shall be payable in equal annual installments over a period of 10 years, with the first of the installments to be payable on or after the first Monday in January 2017, and shall bear interest at the rate of 4.5% per annum from the date of the adoption of this Resolution. To the first installment shall be added interest on the entire Assessment from the date of this Resolution until December 31, 2017. To each subsequent installment when due interest shall be added for one year on all unpaid installments. 3. The owner of any property within the Assessment Area may, at any time prior to certification of the assessment to the Washington County Property Records and Taxpayer Services Department, pay the whole of the Assessment on such property to the City, with interest accrued to the date of payment. No interest will be charged if the entire Assessment is paid within 30 days from the adoption of this Resolution. At any time thereafter, an owner may pay to the City the entire amount of the Assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the neat succeeding year. Page 41 of 56 4. The City Administrator shall forthwith transmit a certified duplicate of the Assessment Roll to the Washington County Property Records and Taxpayer Services Department to be extended on the property tax lists of Washington County. Such Assessments shall be collected and paid over in the same manner as other municipal taxes. This Resolution is adopted by the City Council of the City of Oak Park Heights, Minnesota, this 11 th day of October,2016. Mary McComber,Mayor ATTEST: Eric Johnson,City Administrator Page 42 of 56 STATE OF MINNESOTA ) } COUNTY OF WASHINGTON ) SS. } CITY OF OAK PARK HEIGHTS ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Oak Park Heights, Minnesota, certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on with the original minutes on file in my office and the same is a full, true and correct copy of the minutes insofar as they relate to the adoption of special assessments to be levied on various benefited properties within the City as a part of the City's 2014 Street and Utility Improvements. WITNESS My hand officially as such City Administrator and the corporate seal of the City this 12016. City Administrator City of Oak Park Heights,Minnesota (SEAT.) Page 43 of 56 City of Oak Park Heights Assessment Roll Street Deconstruction —2016 64th St N, 65th St N, and Ozark Ave N Adopted - Page 44 of 56 QM-0T. 64TH, 65TH AND OZARK ENTITY PROPERTY TYPE FF RATE CALCULATED ASSESSMENT 1 33.030,20.41.0005 14894 64TH ST N HOMESTEAD 164.33 $3,500.00 $3,500.00 NELSON DORIS M 14894 64TH ST N STILLWATER MN 55082 2 34.030.20.32.0006 15187 65TH ST N HOMESTEAD 80.32 $3,500.00 $3,500.00 WELLS VIRGINIA 15187 65TH ST N STILLWATER MN 55082 3 34.030.20.32.0005 15213 65TH ST N HOMESTEAD 80.32 $3,500.00 $3,500.00 SCHANDERRAOULE 15213651HSTN STILLWATER MN 55082 4 34.030.20.32.0004 15223 65TH ST N HOMESTEAD 80.32 $3,500.00 $3,500.00 JOHNSON DAVID A&CORTNEY K 15223 65TH ST N STILLWATER MN 55082 5 34.030.20.32.0003 15243 65TH ST N HOMESTEAD 120.48 $3,500.00 $3,500.00 WILLIAMS,SUSAN 15243 65TH ST N STILLWATER MN 55082 6 33.030.20.41.0003 14929 65TH ST N HOMESTEAD 135.00 $3,500.00 $3,500.00 TRS AGR VINCENT&MYRNAJIRIK 14929 65TH ST N STILLWATER MN 55082 7 33.030.20.41.0001 14951 65TH ST N NON-HOMESTEAD 90.00 $121.01 $10,890.90 $10,840.00 CANVAS HEALTH INC 7066 STILLWATER BLVD OAKDALE MN 55128 8 34.030.20.32.0145 15161 65TH ST N HOMESTEAD 120.49 $3,500.00 $3,500.00 DORNFELD ERIC &AMY 15161 65TH ST N STILLWATER MN 55082 64TH, 65TH AND OZARK STS Paftt'�01�9f 2 11 ENTITY PROPERTY TYPE FF RATE CALCULATED ASSESSMENT 9 33.030.20.41.0004 6440 OZARK AVE N HOMESTEAD 135.00 $3,500.00 $3,500.00 AXEL TIMOTHY C&LYNN E 6440 OZARK AVE N STILLWATER MN 55082 10 33.030.20.41.0002 OZARK AVE N NON-HOMESTEAD 90.00 $121.01 $10,890.90 $10,890.90 CANVAS HEALTH INC 7066 STILLWATER BLVD OAKDALE MN 55128 11 34.030.20.32.0010 6461 PARIS AVE N HOMESTEAD 25.16 $3,500.00 $3,500.00 BERTHIAUME DAVID V&ANNE M 6461 PARIS AVE N STILLWATER MN 55082 12 34.030.20.32.0011 6469 PARIS AVE N HOMESTEAD 95.32 $3,500.00 $3,500.00 GAVIN HEATHLI7J 6469 PARIS AVE N STILLWATER MN 55082 TOTAL $56,781.80 64TH, 65TH ANIS OZARK STS Paqqa*° 56f 2 J Z � Q c� � � O U Qw � z W � � z 0 4-J Ln (4kno r-I � O N 0 m a V- M O Ln ,-I V- N �L LLnn LLnn m m o NO � N 00 t.O ,--i Ln � MLU ,^-I M M n M O CO \ �d 74 Q� O Q N \ N O Ln �o LIZ � � � � � � � mQ E 7 = O Ln 4J �O m E H Ln W =� 0 %0 V •p C .02 00 a }' u c c V Q • U w/ nrL' L C: p fu Ln O \ V U� U O =e 0 4-J fu E V ++ O p No O u •0 > (n 4-Ju CP O d ,--i N M C OL }' cn C ao ,-� N �� M L. N 0000 0Lr) 0 O iov- H w 00 co Ln Ln Q Ln Ln N M N 3 CCIA C � O LL c iol- _ 00 00 L 74 O') C% _ 00co ce iol- L m M 3 = C Lno E LL L 0 in- iov- • 0') to U. _ { iol- H �V a a� Q _ .a U) � > ° M IS E �a CL Ln co cin r: cn cin ° 3 � 0 0 m a N O L cQ O Z � W U) p N U') O � Z M CO N W U) 0 U Q Q ca a) N E O 2 • W � O Z • 06 — m L.L L W N E E O cn E X a) 0 CU W 0 M O I— MO O O O N N M O I- N O O O N 1,- N N Ln Ln Ln O N d J O r M O Ln O O I a N N O N qqt I, O r Ln (D O co w 0 0 N r r W ~ J EA ER EA EA EA EA EA ER a i O N C) 0 0 N N Q co O co O O co co N O r I"t, Ln O I- ti '^ w O N (D W CO M N v/ 0 O W) N to Z t > I lit LL EA fR EA EA EA EA ER 5 Z N Ma) coOO O N co a c o 0 O O a Ln O co O O a r W) I, M M M O I, M m T- a Ln M N O I,- N N O w 0) ao co (� N ° � a � tol tol tol tolz iA I,- Ln N Lf) O O O N N v/ W co N O O N Z I` N W Ln Ln Il- M W V O O O co N O I- O V m N Na 0) ti 04 Il F.- tl � — ° O w E rn R W a o � W a E .- ol Q!.* Q!.* Q!) Q!.* 61)- Ln o N z � LL Z z F- `° O O_ O O J U U w LU ill Q . - F- z U) J - O � cm z L j- • O E u) U U) J w cn w w ° U) QW Z 113� F a F- 04 U • LU F-w v w6 o • � w w a0 U) CL j w 9( - U) CL F- U) W U g z O p IXE • cf) (p O 0 U li w a N L O LL W N Q O z Q W z ° m U C� U) w w a O z " - � zcn � � w � Ja w N _ w Ow cn Ow y � wa y U o • O Z y z LU w o U) w w a La w F- o o `er wX cn E Q Q a � w w = x 0w y z y w z w X a U U) CIO a N " o THIS PAGE IS INTENTIONALLY LEFT BLANK Page 52 of 56 OT- - Oak Park Heights Request for Council Action Meeting Date Oetober 1 l. ?f)16 Agenda Item Revievy- App{icat for hznnel P�Imlt from Shari Innes Time Req. I Agenda Placement New Business Originating Department/Requestor ministration/Jennifer Pinski Requester's Signature Action Requested Review and Make a Decision on Approval Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Attached is an application made by Shari Innes for a Fennel Permit at 1519164"' Street North. The Police Department has reviewed the application and provided a copy of a police report for your review. Please review the application and report and make a decision on approval. As required by statute, each of the dogs have had their rabies vaccination and the S 100 permit fee has been paid. Page 53 of 56 RECEIVED CITY OF OAK PARK HEIGHTS SEP - S 2016 APPLICATION FOR KENNEL PERM IT Application Fee: $100.00 city atoaParec Hees PM Return to: City Clerk P.O. Box 2007 Oak Park Heights, MN 55082 (651) 439-4439 Applicant Name: R)( j Address: P3: (-12� t S . Phone Number: (J2 1 q U Work: IZlc—t(2 Cl Pet Information: Spayed/ OPH Dog Name Gender Neutered? Color Breed Tag No. � 2G{ UL ?1 / NO � r offD)17-`i -'CL/ tr In�I )CfF 'i Y fi P 'B2AJ * Proof of rabies vaccination for each Pet muS st be submitted with application Having made full payment of the application fee and submitted proof of rabies vaccination for each pet indicated above, I/we request a Kennel Permit be granted and agree to operate said kennel in accordance with the City of Oak Park Heights Domestic Animal Ordinance 601. Date: rS Signature: / Approved /Denied this day of ,by the City Council of the City of Oak Park Heights. Mayor City Administrator Page 54 of 56 CJGIUPROPH OAK PARK HEIGHTS POLICE DEPARTMENT DATE 9/26/16 TIME 8 : 36 : 55 INITIAL COMPLAINT REPORT 116703946 DATE/TIME REPORTED: 9/05/16 16 : 35 : 18 DISPATCHER: KDSCHNI DATE/TIME STAMP: 9/05/16 16 : 36 : 37 ENTERED BY: KDSCHNI LOCATION OF INCIDENT: 15191 64TH ST N GRID: OAK PARK HEIGHTS, MN 55082 INCIDENT RECEIVED BY: TELEPHONE OFFICERS ASSIGNED: 95 SWENSON 473 ZWACH NAMES ASSOCIATED WITH THIS INCIDENT: ASSOCIATION:ANONYMOUS BARKING DOGS **COMP ANON** DOGS OUTSIDE BEEN BARKING ON AND OFF ALL DAY ONGOING ISSUE NEIGHBOR HAS APPROX 7 DOGS SHARI ANNMARIE INNES 15191 64TH ST N OAK PARK HEIGHTS, MN 55082 PHONE : (H) 651/439--2607 (W) SEX: F DOB: 11/15/1946 ASSOCIATION:SUSPECT ANIMAL COMPLAINT OWNER OF 6 CHIHUAHUA` S DOG LICENSES/KENNEL LICENSE APPLIED FOR AT CITY HALL 09/08/16 OFFICER COMMENTS: ZWACH/473 09/05/16 @ 1635 HRS 473 9/05/16 RESPONDED TO THE ADDRESS OF 15191 64TH ST N ON A ANIMAL 473 9/05/16 COMPLAINT. ANON COMP REPORTING THE NEIGHBOR' S DOGS BARKING 473 9/05/16 ON AND OFF ALL DAY. COMP ALSO STATED THE NEIGHBOR HAS 7 473 9/05/16 DOGS . ARRIVED AND MADE CONTACT WITH THE HOMEOWNER/DOG OWNER 473 9/05/16 INNES . OBSERVED AT LEAST 8 CHIHUAHUA' S IN THE BACK YARD. 473 9/05/16 INNES ADVISED 2 OF THE DOGS WERE BEING BABY SAT. INNES 473 9/05/16 ADMITTED TO OWNING 6 OF THE DOGS AND WAS AWARE SHE NEEDED A 473 9/05/16 KENNEL LICENSE. INNES REPORTED HAVING A KENNEL LICENSE YEARS 473 9/05/16 AGO WHEN SHE WAS BREEDING DOGS . INNES ALSO ADMITTED THAT 473 9/05/16 NONE OF THE DOGS WERE LICENSED. INNES WAS ADVISED TO CONTACT 473 9/05/16 CITY HALL IMMEDIATELY TO EITHER APPLY FOR A KENNEL LICENSE 473 9/05/16 OR MAKE ARRANGMENTS TO PLACE HER DOGS . INNES WAS ADVISED I 473 9/05/16 WOULD BE FOLLOWING UP ON 09/08/16 TO SEE WHAT PROGRESS SHE 473 9/05/16 HAS MADE. F/U TO CONTINUE . 473 9/05/16 ZWACH/473 09/08/16 @ 1148 HRS 473 9/08/16 RECEIVED INFORMATION FROM CITY HALL THAT INNES APPLIED FOR 473 9/08/16 A KENNEL LICENSE AND HAS LICENSED HER DOGS . 473 9/08/16 ZWACH/473 I . C . 09/08/16 473 9/08/16 Page 55 of 56 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 56 of 56