2016-01-19 CC Agenda Packet
City of Albertville Council Agenda
TUESDAY, January 19, 2016
City Council Chambers
7:00 p.m.
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community
interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public
Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes.
M:\Public Data\City Council\Council Agendas\2016 Agenda Packets\2016-01-19 CC Agenda.docx
Meeting Date: January 19, 2016
1. Call to Order
2. Pledge of Allegiance – Roll Call
3. Recognitions – Presentations – Introductions
4. Public Forum – (time reserved 5 minutes)
5. Amendments to the Agenda
6. Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will
be enacted by one motion. In the event an item is pulled, it will be discussed in the order it
is listed on the Consent agenda following the approval of the remaining Consent items.
These items will be approved by a separate motion.
A. Approve the January 4, 2016 regular City Council meeting minutes as presented
(pgs 4-9)
B. Authorize the Tuesday, January 19, 2016 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at
City Hall upon request (pg 10)
C. Accept Utilities Department Update (pg 11)
D. Authorize intoxicating liquor retail sales at the STMA Ice Arena by Millside Tavern
for “A Knight to Remember” fundraiser to be held on March 12, 2016 (pgs 12-14)
E. Approve Resolution 2016-003 Authorizing the Mayor and City Clerk to enter into the
Court Data Services Subscriber Amendment Agreement and Joint Powers Agreement
between the MN Bureau of Criminal Apprehension and City of Albertville on behalf of
Wright County for access to the MN BCA’s criminal justice database (pgs 15-33)
F. Accept City Attorney’s Report (pgs 34-35)
7. Public Hearings – None
8. Department Business
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
Agenda Page 1
City of Albertville Council Agenda
TUESDAY, January 19, 2016 Page 2 of 3
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Meeting Date: January 19, 2016
B. City Clerk
1). Liquor License for EK Restaurant, LLC (pg 36)
(Motion to Approve the On-Sale Intoxicating Liquor and Sunday Sale Licenses
for EK Restaurant, LLC for the premises located at 11935 59th Place NE
contingent upon receipt of license fees and successful results of background
checks.)
C. Planning/Zoning
1). Planning Commission Composition and Appointments (pgs 37-47)
(Motion to approve one of the Planning Commission composition options and
direct staff to advertise the Planning Commission accordingly for appointments
in 2016:
Option 1: No change. Retain five Planning Commissioners and a Council
liaison.
Option 2: Adopt Ordinance 2016-01 amending Title 2, Chapter 2, Planning
Commission to establish a five member Commission with a Planning
Commission alternate.
Option 3: Adopt Ordinance 2016-01 amending Title 2, Chapter 2, Planning
Commission to expand the composition of the Planning Commission to six or
seven members.)
D. Fire – None
E. Finance – None
F. Public Works/Engineering – None
G. Building – None
H. Legal - None
I. Administration
1). City Administrator’s Update (pgs 48-49)
2). Engineering Proposal (pgs 50-58)
3). Communications Contract (pgs 59-61)
9. Announcements and/or Upcoming Meetings
January 25 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 8:00 p.m.
January 26 State of the Cities, 11:15 a.m., St. Michael City Center
February 1 City Council, 7:00 p.m.
February 8 STMA Ice Arena Board, 6:00 p.m.
Agenda Page 2
City of Albertville Council Agenda
TUESDAY, January 19, 2016 Page 3 of 3
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Meeting Date: January 19, 2016
February 9 Planning Commission, 7:00 p.m.
February 15 Presidents’ Day, City Offices Closed
February 16 City Council, 7:00 p.m.
February 22 Joint Powers Water Board, 6:00 p.m.
February 29 Joint Governance Meeting, TBD
JANUARY
FEBRUARY
Su M Tu W Th F Sa
Su M Tu W Th F Sa
H 1 2
CC 1 2 3 4 5 6
3 CC 4 5 FAC6 7 8 9
7 Ice 8 PC 9 10 11 12 13
10 *Ice 11
PC
12 13 FB14 15 16
14 H 15 CC16 17 18 19 20
17 H 18 CC 19 20 21 22 23
21 JP 22 23 24 25 26 27
24 JP25PK 26 27 28 29 30 28 JM29 31
10. Adjournment
Agenda Page 3
Page 1
ALBERTVILLE CITY COUNCIL
Monday, January 4, 2016
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:03 p.m.
2. ROLL CALL
Present: Mayor Hendrickson and Council members Hudson, Olson, Sorensen, and Vetsch
Absent: None
Others Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner
Al Brixius, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, City Clerk
Kimberly Olson, and Robert Zagorski
3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS - None
4. PUBLIC FORUM – (time reserved 5 minutes)
5. AMENDMENTS TO THE AGENDA
Motioned by Hendrickson, seconded by Vetsch, to approve the Agenda as presented. Ayes:
Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
6. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on
the Consent agenda following the approval of the remaining Consent items. These items will be
approved by a separate motion.
A. Approve the December 21, 2015 regular City Council meeting minutes as presented
B. Approve the November 30, 2015 Joint Governance meeting minutes as presented
C. Authorize the Monday, January 4, 2016 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at City
Hall upon request
D. Approve the Sign Code Summary Ordinance and authorize its publication
Agenda Page 4
City Council Meeting Minutes Page 2
Regular Meeting of January 4, 2016
Olson had a minor correction to the December 21, 2015 minutes to reflect his absence from the
meeting.
Council discussed whether a Council member should abstain from voting on minutes if the Council
member was absent from that meeting. Couri advised approving minutes is a perfunctory duty of the
Council and they should be able to vote upon the minutes. Vetsch felt it looks better if the absent
member abstains.
7. PUBLIC HEARINGS – None
8. DEPARTMENT BUSINESS
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC,
etc.)
There were no updates.
B. Public Works/Engineering
1). Snow Plowing and Ice Control Policy
Nafstad reported the policy was last updated in 2004. There were several updates that reflect the
League of MN Cities model policy. He stated the policy outlines what areas the Public Works
Department plows. He indicated they do not plow trails, but try to do sidewalks as time allows.
Hendrickson inquired if the City would save money if the sidewalks were not plowed by City staff.
Nafstad indicated staff tries to plow all sidewalks the day after a snowfall. Guimont stated the
sidewalks generally take a whole day for one person plus the cost of running the equipment.
Sorensen felt Public Works does a good job with plowing and he has heard more compliments than
complaints from residents. Nafstad indicated staff would post the policy on the City’s website.
Motioned by Hendrickson, seconded by Olson, to adopt Resolution 2016-001 Establishing City of
Albertville Policy on Snow Plowing and Ice Control. Ayes: Hendrickson, Hudson, Olson,
Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED.
C. Finance
1). 2016 Fee Schedule
Nafstad reported that staff reviewed the annual fee schedule and identified what fees are set by the
City Code and what fees are set by resolution. The proposed 2016 schedule is now significantly
shorter than in years past. He reported that staff also noticed some inconsistency in fees set in the
Code and will be working to bring forward a comprehensive Code amendment to Council later in the
year.
Nafstad reported there were no changes in fees except for park rentals. These fees were changed to
match the City of St. Michael’s due to FYCC scheduling the park rentals for both cities. DRAFTAgenda Page 5
City Council Meeting Minutes Page 3
Regular Meeting of January 4, 2016
Vetsch inquired about the rental dwelling fees. He had been under the impression the fee was $100
every two years, rather than each year. Nafstad clarified the annual fee is $100 with a required
inspection every two years. Clerk Olson indicated that some rentals require follow up inspections to
correct issues found during the original inspection and Nafstad reported that the rental licensing is
not a revenue generator for the City.
Hendrickson inquired about the business license fee for massage therapy establishments. Clerk
Olson indicated that the inspection and background check are included in that fee.
Motioned by Hendrickson, seconded by Hudson, to approve Resolution No. 2016-002 adopting
2016 fees set by resolution of the City Council. Ayes: Hendrickson, Hudson, Olson, Sorensen,
and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED.
D. Planning/Zoning
1). Planning Commission Appointments
Brixius reported there are two expiring terms on the Planning Commission. Commissioners Ron
Klecker and Natalya Lindberg have both indicated their interest to serve another term and their
attendance and participation during their terms was good. He indicated there have been others who
have indicated their interest to serve on the Planning Commission. Brixius stated Council had
several options they could consider:
• Re-appoint the current members
• Open the process to others that have indicated interest
• Advertise the terms citywide
Council discussed adding an alternate to the commission. Brixius stated the City Code was recently
amended to allow the Council liaison to vote if there is not a quorum in attendance, but there are
several options open to the Council. He indicated the January Planning Commission meeting is
likely to be cancelled, so they would have time before the February Planning Commission meeting.
Council discussed the role an alternate would play or adding a sixth member. Brixius indicated that
the Code would need to be amended but would not need a public hearing at the Planning
Commission since it is not a zoning issue; rather it could be amended by the Council.
Olson inquired about the process of notifying Council of expiring terms on the commissions and
how and when they advertised. Brixius replied they could look at the process for future years.
Olson had concerns that if Planning Commissioners are just renewed to their terms without opening
the process to all, it has the perception it is a closed process.
Couri indicated that if there are six members, the quorum would need to be four.
Hendrickson inquired if the Personnel Committee would do interviews if they chose that route.
Nafstad indicated it might be better to have the Council as a whole do the interviews, perhaps in a
workshop.
DRAFTAgenda Page 6
City Council Meeting Minutes Page 4
Regular Meeting of January 4, 2016
Council directed staff to come back at a future meeting with options for the Council to consider.
Motioned by Olson, seconded by Hendrickson, to table the 2016 Planning Commission
Appointments to a future meeting. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch.
Nays: None. Absent: None. MOTION DECLARED CARRIED.
E. Fire – None
F. City Clerk – None
G. Building – None
H. Legal – None
I. Administration
1). City Administrator’s Update
Nafstad reviewed the training opportunities for the Council to train for the Local Board of Appeals
and Equalization. Olson reported he had signed up to take the training.
Nafstad reported Albertville had requested and has received Municipal State Aid (MSA) that will go
into transportation capital. He gave a brief review of how the MSA process is conducted.
Nafstad reported he will be meeting the lobbying group the City recently retained and invited
Council members to attend if interested.
Sorensen inquired about commenting on social media group sites and whether they are closed groups
or open to the public. Couri replied that to avoid a violation of the open meeting, three of more
Council members should not comment on a closed group. Essentially, so long as the site doesn’t
need a password to enter or requires someone to allow the member to see posts, it should be fine.
2). Main Street NE/CSAH 37 Electronic Sign – Discussion
Nafstad distributed a sample of what the replacement of the reader board sign could look like. He
indicated the reader is non-functioning and cannot be repaired. He stated there is a separate
underground electrical issue that needs to be repaired regardless and that is an easy repair.
Nafstad indicated the intent is to repurpose the bottom portion of the sign structure and replace the
covering over the static signs. Clerk Olson stated they received a good amount of requests from
non-profits each month to run a message on the sign. Nafstad stated that the City received a small
amount of revenue from the businesses that advertise on the lower portion of the sign. Clerk Olson
described some of the capabilities of a newer sign.
DRAFTAgenda Page 7
City Council Meeting Minutes Page 5
Regular Meeting of January 4, 2016
Hudson inquired if the funds would come from general fund reserves and Lannes stated that would
be her recommendation. Olson inquired how soon it could be completed and Nafstad replied it
could be done in several weeks after approval. Hendrickson stated she is warming up to the idea.
Olson inquired about the lifespan of a new sign and Clerk Olson replied it is about ten years and then
the lights begin to dull and Nafstad stated warranty is about five years. Lannes suggested if the sign
is replaced, they begin to budget a small amount for eventual replacement annually.
Olson inquired if the dimensions of the replacement sign meet the sign code. Brixius replied it fits
the size requirements for the location.
Council indicated they were okay with moving forward with next steps. Nafstad stated they will
continue to research options and get quotes.
9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS
January 6 Fire Advisory Committee, 6:00 p.m.
January 11 STMA Ice Arena Board, 6:00 p.m.
January 12 Planning Commission, CANCELLED
January 14 Fire Business Meeting, 8:00 p.m.
January 18 Martin Luther King, Jr. Day, City Offices Closed
January 19 City Council, 7:00 p.m.
January 25 Joint Powers Water Board, 6:00 p.m.
Parks Committee, 8:00 p.m.
February 1 City Council, 7:00 p.m.
February 8 STMA Ice Arena Board, 6:00 p.m.
February 9 Planning Commission, 7:00 p.m.
February 15 Presidents’ Day, City Offices Closed
February 16 City Council, 7:00 p.m.
February 22 Joint Powers Water Board, 6:00 p.m.
February 29 Joint Governance Meeting, Reserved - TBD
JANUARY
FEBRUARY
Su M Tu W Th F Sa
Su M Tu W Th F Sa
H 1 2
CC 1 2 3 4 5 6
3 CC 4 5 FAC6 7 8 9
7 Ice 8 PC 9 10 11 12 13
10 *Ice 11
PC
12 13 FB14 15 16
14 H 15 CC16 17 18 19 20
17 H 18 CC 19 20 21 22 23
21 JP 22 23 24 25 26 27
24 JP25PK 26 27 28 29 30 28 JM29 31
10. ADJOURNMENT
DRAFTAgenda Page 8
City Council Meeting Minutes Page 6
Regular Meeting of January 4, 2016
Motioned by Hendrickson, seconded by Hudson, to adjourn the meeting at 8:13 p.m. Ayes:
Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Olson, City Clerk
DRAFTAgenda Page 9
Mayor and Council Request for Action
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Meeting Date: January 19, 2016
January 14, 2016
SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Tuesday, January 19, 2016 payment of the claims as presented
except the bills specifically pulled, which are passed by separate motion. The claims listing has
been provided to Council as a separate document. The claims listing is available for public
viewing at City Hall upon request.
BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved
through their respective departments and administration and passed onto the City Council for
approval.
KEY ISSUES:
• Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and
key issues will be presented in the claims listing document.
POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve
payables on a semi-monthly basis.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
payments presented.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills
pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner,
generally within 30 days unless one party determines to dispute the billing.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment: List of Claims (under separate cover)
Agenda Page 10
Mayor and Council Communication
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Meeting Date: January 19, 2016
January 14, 2016
SUBJECT: CONSENT – UTILITIES DEPARTMENT - UPDATE
The following is a brief summary of recent Utility Department activities:
WATER
Water Meter Reading: Meter reading continues to go well. Approximately 2500 utility
accounts are read each month.
Water Leaks Repairs:
• Watermain break on Main Avenue NE in front of the Primary School
• Leaking valve at Fraser Steel due to corrosion
• Fire hydrant at on County Road 19 by Omanns
WASTEWATER
Repairs: The worn out motor starter at the southwest lift station was replaced.
Sewer Cleaning: The Emma’s and Town Lakes lift stations were washed down and cleaned out.
The sewer service at the Church of St. Albert’s was cleaned out and repaired, due to damage
associated with the construction project.
Maintenance: Fall oil changes and maintenance has been completed.
Reed Beds: Reed bed #6 was cleaned out. Staff is trying a different approach this time and did
not clean it completely, saving the root structure, thus not having to replant.
Responsible Person/Title Department: John Middendorf, Water/Wastewater Supervisor
Submitted Through: Adam Nafstad, City Administrator-PWD
Agenda Page 11
Mayor and Council Request for Action
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Meeting Date: January 19, 2016
January 14, 2016
SUBJECT: CONSENT - CITY CLERK – “A KNIGHT TO REMEMBER” FUNDRAISING EVENT &
LIQUOR SALES
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize intoxicating liquor retail sales at the STMA Ice Arena by Millside
Tavern for “A Knight to Remember” fundraiser to be held on March 12, 2016.
BACKGROUND: Annually, the STMA Youth Hockey Association holds “A Knight to
Remember” fundraiser. In order to raise funds, they are seeking to sell intoxicating liquor at the
event. The Millside Tavern, owned by Becky Berning and operated out of St. Michael, has
indicated they wish to provide the liquor for the event.
The Millside Tavern currently holds an on-sale intoxicating liquor license, but does not hold a
caterer’s permit. Generally, an on-sale establishment may sell intoxicating liquor off its
premises only if it holds a caterer’s permit and if the sale of the liquor is secondary to food
service at an event. Without this caterer’s permit, Millside Tavern would be ineligible to provide
the liquor at the “Knight to Remember” fundraiser. However, staff researched a provision in
Minnesota State Statute 340A.404 subd. 4 for the following:
Special authorizations and licenses for existing on-sale license holders
Authorization for off-premises sales of on-sale intoxicating liquor
A City may authorize a retail on-sale licensee (licensee within the City or an adjacent municipality)
to dispense intoxicating liquor at any convention, banquet, conference, meeting or social affair
conducted on the premises of a sports, convention, or cultural facility owned by the City.
Such authorization must not be issued unless the licensee demonstrates it has liquor liability
insurance as prescribed by state statute to cover the event.
KEY ISSUES:
• Utilizing the above provision would help the STMA Youth Hockey Association with
their fundraising event.
• The STMA Ice Arena is owned by the Cities of Albertville and St. Michael and the
STMA School District. The provision does not require the City of Albertville to be the
sole owner of the sports facility.
• Holders of on-sale intoxicating liquor licenses are also given permission to serve 3.2%
malt liquor without an additional license.
• Millside has successfully provided liquor sales for the event for several years without
incident.
Agenda Page 12
Mayor and Council Request for Action – January 14, 2016
“A Knight to Remember” Fundraiser and Liquor Sales Page 2 of 2
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Meeting Date: January 19, 2016
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the power
to grant this type of authorization and is a policy decision of the City Council.
FINANCIAL CONSIDERATIONS: Since the provision gives special permission rather than
requiring a one-day temporary liquor license through the City and State, there is no revenue
collected.
LEGAL CONSIDERATIONS: Staff discussed the relevant provision with the City Attorney
and it appears the City meets the statutory requirements to give this authorization. It is
recommended that the licensee provide at least $100,000 in general and liquor liability insurance.
The licensee names shall name the STMA Ice Arena and City of Albertville as an additional
insured. This will place Millside Tavern as the primary insurance holder should an accident
occur as a result of the sale of liquor.
Responsible Person/Department: Kimberly A. Olson, City Clerk
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Millside Liquor Liability Insurance Certificate
Agenda Page 13
Agenda Page 14
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Meeting Date: January 19, 2016
Mayor and Council Request for Action
_____________________________________________________________________________
January 14, 2016
SUBJECT: CONSENT – CITY CLERK – RENEWAL OF CRIMINAL PROSECUTION AGREEMENTS
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following motion:
MOTION TO: Approve Resolution 2016-003 Authorizing the Mayor and City Clerk to enter
into the Court Data Services Subscriber Amendment Agreement and Joint Powers Agreement
between the MN Bureau of Criminal Apprehension and City of Albertville on behalf of Wright
County for access to the MN BCA’s criminal justice database.
BACKGROUND: As part of the City’s agreement with the Wright County Sheriff’s Office for
Law Enforcement Services, the Wright County Attorney’s office performs the criminal
prosecution of misdemeanors and petty misdemeanors. To conduct these services, the
Attorney’s Office must access the MN Bureau of Criminal Apprehension’s criminal justice
database. The City currently is currently in two contracts with the MN BCA to allow this access
for the Attorney’s Office.
KEY ISSUES:
• The current contracts with the MN BCA will expire on February 17, 2016.
• These contracts must be approved to renew the access to the criminal justice
database and to prevent a lapse in criminal prosecution of misdemeanors and petty
misdemeanors.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority
to enter into agreements for services.
FINANCIAL CONSIDERATIONS: The Wright County Attorney’s Office pays a quarterly fee
to the MN BCA, but has indicated there should be no cost to the City for renewal of these
contracts.
LEGAL CONSIDERATIONS: The City Attorney has reviewed the contracts and sees no
issues.
Responsible Person/Title: Kimberly Olson, City Clerk
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Court Data Services Subscriber Amendment Agreement
Joint Powers Agreement with MN BCA
Resolution 2016-003
Agenda Page 15
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2016-003
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS
AGREEMENTS WITH THE CITY OF ALBERTVILLE ON BEHALF OF ITS CITY
ATTORNEY
WHEREAS: The City of Albertville on behalf of its Prosecuting Attorney desires to enter into
a Joint Powers Agreement 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; and
WHEREAS: The Joint Powers Agreement and the corresponding Court Data Services
Amendment further provides the City with the ability to add, modify and delete
connectivity, systems and tools over the five year life of the agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Albertville, Minnesota as
follows:
1. That the State of Minnesota Joint Powers Agreement by and between the State of
Minnesota acting through its Department of Public Safety, Bureau of Criminal
Apprehension and the City of Albertville on behalf of its Prosecuting Attorney, is hereby
approved.
2. That the State of Minnesota Court Data Services Subscriber Amendment by and between
the State of Minnesota acting through its Department of Public Safety, Bureau of
Criminal Apprehension, the City of Albertville on behalf of its Prosecuting Attorney, and
by and for the benefit of the State of Minnesota acting through its State Court
Administrator’s Office is hereby approved.
3. That Wright County Attorney Tom Kelly or his successor, is designated the Authorized
Representative for the Prosecuting Attorney. The Authorized Representative is also
authorized to sign any subsequent amendment or agreement that may be required by the
State of Minnesota to maintain the City’s connection to the systems and tools offered by
the State.
4. That the Mayor and the City Clerk are authorized to sign the State of Minnesota Joint
Powers Agreement and the corresponding Court Data Services Amendment on behalf of
the City of Albertville.
Agenda Page 16
City of Albertville
Meeting of January 19, 2016
Resolution No. 2016-003
Page 2
Adopted by the Albertville City Council on this 19th day of January, 2016.
Jillian Hendrickson, Mayor
ATTEST:
Kimberly A. Olson, City Clerk
Agenda Page 17
SWIFT Contract # 103847
MN086029A
1
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 Albertville 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 performing 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.
Agenda Page 18
SWIFT Contract # 103847
MN086029A
2
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://app.dps.mn.gov/cjdn.
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.state.mn.us/sites/bcaservicecatalog/default.aspx.
Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on
Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca-
divisions/mnjis/Documents/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.
2.9 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@state.mn.us.
2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its
systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there
must be a method of identifying which individual users at the Agency conducted a particular transaction.
If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, 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
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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 must include the individual user who requested access, and the date,
time and content of the request. The transaction record must also include the date, time and content of the response
along with the destination to which the data were sent. The transaction record must be maintained for a minimum of
six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business
day of the BCA’s request.
2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court
Records may only be utilized by the 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 currently accesses the criminal justice data communications network described in Minn. Stat.
§299C.46. No charges will be assessed to the agency as a condition of this agreement.
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 Tom Kelly, County Attorney, 10 2nd Street NW, Room 400, Buffalo, MN
55313-1189, (763) 682-7340, 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.
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.
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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 Data 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 term is
defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
restrictions must be followed in the appropriate circumstances.
9 Investigation of alleged violations; sanctions
For purposes of this clause, “Individual User” means an employee or contractor of 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
collective bargaining agreement.
9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency
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must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or
permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is
discovered, after notice of an alleged violation is received, or after an investigation has occurred. 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 11.1 does not apply and
BCA may terminate this Agreement immediately.
9.3 Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by 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 terminate access to or use of the systems and tools either on its own initiative or when directed
by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered,
after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or
terminate may also be made based on a request from the Authorized Representative of 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.
10 Venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termination. The BCA or the 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 10.Venue.
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The parties indicate their agreement and authority to execute this Agreement by signing below.
1. AGENCY
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
CRIMINAL APPREHENSION
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
3. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By: ______________________________________________
Date: _____________________________________________
Agenda Page 23
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2016-003
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS
AGREEMENTS WITH THE CITY OF ALBERTVILLE ON BEHALF OF ITS CITY
ATTORNEY
WHEREAS: The City of Albertville on behalf of its Prosecuting Attorney desires to enter into
a Joint Powers Agreement 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; and
WHEREAS: The Joint Powers Agreement and the corresponding Court Data Services
Amendment further provides the City with the ability to add, modify and delete
connectivity, systems and tools over the five year life of the agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Albertville, Minnesota as
follows:
1. That the State of Minnesota Joint Powers Agreement by and between the State of
Minnesota acting through its Department of Public Safety, Bureau of Criminal
Apprehension and the City of Albertville on behalf of its Prosecuting Attorney, is hereby
approved.
2. That the State of Minnesota Court Data Services Subscriber Amendment by and between
the State of Minnesota acting through its Department of Public Safety, Bureau of
Criminal Apprehension, the City of Albertville on behalf of its Prosecuting Attorney, and
by and for the benefit of the State of Minnesota acting through its State Court
Administrator’s Office is hereby approved.
3. That Wright County Attorney Tom Kelly or his successor, is designated the Authorized
Representative for the Prosecuting Attorney. The Authorized Representative is also
authorized to sign any subsequent amendment or agreement that may be required by the
State of Minnesota to maintain the City’s connection to the systems and tools offered by
the State.
4. That the Mayor and the City Clerk are authorized to sign the State of Minnesota Joint
Powers Agreement and the corresponding Court Data Services Amendment on behalf of
the City of Albertville.
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a. “Authorized Court Data Services” means Court Data Services that have
been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to
an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court
and the BCA.
b. “Court Data Services” means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which
the current address is www.courts.state.mn.us) or other location designated by the Court,
as the same may be amended from time to time by the Court.
c. “Court Records” means all information in any form made available by
the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including:
i. “Court Case Information” means any information in the Court
Records that conveys information about a particular case or
controversy, including without limitation Court Confidential Case
Information, as defined herein.
ii. “Court Confidential Case Information” means any information in
the Court Records that is inaccessible to the public pursuant to the
Rules of Public Access and that conveys information about a particular
case or controversy.
iii. “Court Confidential Security and Activation Information” means
any information in the Court Records that is inaccessible to the public
pursuant to the Rules of Public Access and that explains how to use or
gain access to Court Data Services, including but not limited to login
account names, passwords, TCP/IP addresses, Court Data Services
user manuals, Court Data Services Programs, Court Data Services
Databases, and other technical information.
iv. “Court Confidential Information” means any information in the
Court Records that is inaccessible to the public pursuant to the Rules
of Public Access, including without limitation both i) Court
Confidential Case Information; and ii) Court Confidential Security
and Activation Information.
d. “DCA” shall mean the district courts of the state of Minnesota and their
respective staff.
e. “Policies & Notices” means the policies and notices published by the
Court in connection with each of its Court Data Services, on a website or other location
designated by the Court, as the same may be amended from time to time by the Court.
Policies & Notices for each Authorized Court Data Service identified in an approved
request form under section 3, below, are hereby made part of this Subscriber Amendment
by this reference and provide additional terms and conditions that govern Subscriber’s
use of Court Records accessed through such services, including but not limited to
provisions on access and use limitations.
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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
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Subscriber’s duties required or authorized by law or court rule in connection with any civil,
criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or
before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-
official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data
Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other
Authorized Court Data Services documentation, and upon any such unauthorized use or
attempted use the Court may immediately terminate this Subscriber Amendment without prior
notice to Subscriber.
5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees:
a. To not disclose Court Confidential Information to any third party except
where necessary to carry out the Subscriber’s duties as required or authorized by law or
court rule in connection with any civil, criminal, administrative, or arbitral proceeding in
any Federal, State, or local court or agency or before any self-regulatory body.
b. To take all appropriate action, whether by instruction, agreement, or
otherwise, to insure the protection, confidentiality and security of Court Confidential
Information and to satisfy Subscriber’s obligations under this Subscriber Amendment.
c. To limit the use of and access to Court Confidential Information to
Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes
of this Subscriber Amendment, and to advise each individual who is permitted use of
and/or access to any Court Confidential Information of the restrictions upon disclosure
and use contained in this Subscriber Amendment, requiring each individual who is
permitted use of and/or access to Court Confidential Information to acknowledge in
writing that the individual has read and understands such restrictions. Subscriber shall
keep such acknowledgements on file for one year following termination of the Subscriber
Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide
the Court with access to, and copies of, such acknowledgements upon request. For
purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean
individuals who are employees of Subscriber or provide services to Subscriber either on a
voluntary basis or as independent contractors with Subscriber.
d. That, without limiting section 1 of this Subscriber Amendment, the
obligations of Subscriber and its bona fide personnel with respect to the confidentiality
and security of Court Confidential Information shall survive the termination of this
Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their
relationship with Subscriber.
e. That, notwithstanding any federal or state law applicable to the
nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this
Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide
personnel are founded independently on the provisions of this Subscriber Amendment.
6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS.
Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
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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
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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.
e. Proprietary Notices. Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court Data
Services Databases, related documentation, or trade secret information of Court and its
licensors, or any part thereof, made available by Court directly or through the BCA, if
any, and Subscriber will include in and/or on any copy of the Court Data Services
Programs or Court Data Services Databases, or trade secret information of Court and its
licensors and any documents pertaining thereto, the same copyright and other proprietary
notices as appear on the copies made available to Subscriber by Court directly or through
the BCA, except that copyright notices shall be updated and other proprietary notices
added as may be appropriate.
f. Title; Return. The Court Data Services Programs and Court Data
Services Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, if any,
made available by the Court to Subscriber directly or through the BCA and all copies,
including partial copies, thereof are and remain the property of the respective licensor.
Except as expressly provided in section 12.b., within ten days of the effective date of
termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within
ten days of a request for termination of Authorized Court Data Service as described in
section 4, Subscriber shall either: (i) uninstall and return any and all copies of the
applicable Court Data Services Programs and Court Data Services Databases, and related
documentation, including but not limited to training and configuration materials, if any,
and logon account information, if any; or (2) destroy the same and certify in writing to
the Court that the same have been destroyed.
8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s
licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber
Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would
not have an adequate remedy at law in the event of an actual or threatened violation by
Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and
DCA shall be entitled to an injunction or any appropriate decree of specific performance for any
actual or threatened violations or breaches by Subscriber or its bona fide personnel without the
necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary
damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency,
department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court,
Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s
licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment.
9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly
provided herein, each party will be responsible for its own acts and the results thereof to the
extent authorized by law and shall not be responsible for the acts of any others and the results
thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability
of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau
of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act,
Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if
Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be
Agenda Page 29
7
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.
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
Agenda Page 30
8
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 BCA systems and tools under this Subscriber Amendment; (3)
the use of and access to Court Records may be restricted by rules promulgated by the
Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable
restrictions must be followed in the appropriate circumstances.
13. FEES; INVOICES. Unless the Subscriber is an office, officer, department,
division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set
forth in applicable Policies & Notices, together with applicable sales, use or other taxes.
Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant
to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined
in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice
Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes,
if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not
paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber
Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber
certifies that funds have been appropriated for the payment of charges under this Subscriber
Amendment for the current fiscal year, if applicable.
14. MODIFICATION OF FEES. Court may modify the fees by amending the
Policies & Notices as provided herein, and the modified fees shall be effective on the date
specified in the Policies & Notices, which shall not be less than thirty days from the publication
of the Policies & Notices. Subscriber shall have the option of accepting such changes or
terminating this Subscriber Amendment as provided in section 1 hereof.
15. WARRANTY DISCLAIMERS.
a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE
IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER
PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT.
b. ACCURACY AND COMPLETENESS OF INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH,
COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE
ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE
COURT RECORDS.
16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor
and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the
Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA
Agenda Page 31
9
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
hereunder shall be deemed to have been received when personally delivered in writing or
seventy-two (72) hours after it has been deposited in the United States mail, first class, proper
postage prepaid, addressed to the party to whom it is intended at the address set forth on page
one of this Agreement or at such other address of which notice has been given in accordance
herewith.
18. NON-WAIVER. The failure by any party at any time to enforce any of the
provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or
in equity, or to exercise any option herein provided, shall not constitute a waiver of such
provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The
waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply
solely to the instance to which such waiver is directed.
19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for
failure or delay in the performance of their respective obligations hereunder caused by acts
beyond their reasonable control.
20. SEVERABILITY. Every provision of this Subscriber Amendment shall be
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber
Amendment, and all other provisions shall remain in full force and effect.
21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its rights or obligations hereunder without the prior written
consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit
of the Parties hereto and their respective successors and assigns, including any other legal entity
into, by or with which Subscriber may be merged, acquired or consolidated.
22. GOVERNING LAW. This Subscriber Amendment shall in all respects be
governed by and interpreted, construed and enforced in accordance with the laws of the United
States and of the State of Minnesota.
23. VENUE AND JURISDICTION. Any action arising out of or relating to this
Subscriber Amendment, its performance, enforcement or breach will be venued in a state or
federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and
submits itself to the personal jurisdiction of said courts for that purpose.
24. INTEGRATION. This Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions
of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect
except as supplemented or modified by this Subscriber Amendment.
Agenda Page 32
10
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed
this Subscriber Amendment in duplicate, intending to be bound thereby.
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
required by Minn. Stat. §§ 16A.15 and 16C.05.
Name: _______________________________________
(PRINTED)
Signed:
_______________________________________
Date: ________________________________________
SWIFT Contract No. ___________________________
2. SUBSCRIBER (AGENCY)
Subscriber must attach written verification of
authority to sign on behalf of and bind the entity,
such as an opinion of counsel or resolution.
Name: _______________________________________
(PRINTED)
Signed:
_______________________________________
Title: ________________________________________
(with delegated authority)
Date: ________________________________________
Name: _______________________________________
(PRINTED)
Signed:
_______________________________________
Title: ________________________________________
(with delegated authority)
Date: ________________________________________
3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
CRIMINAL APPREHENSION
Name: ____________________________________________
(PRINTED)
Signed: ___________________________________________
Title: _____________________________________________
(with delegated authority)
Date: _____________________________________________
4. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By: ______________________________________________
Date: _____________________________________________
5. COURTS
Authority granted to Bureau of Criminal Apprehension
Name: ____________________________________________
(PRINTED)
Signed: ___________________________________________
Title: _____________________________________________
(with authorized authority)
Date: _____________________________________________
Agenda Page 33
Page 1 of 2
Couri & Ruppe, P.L.L.P.
Memo
To: Adam Nafstad, City Administrator; Albertville City Council
From: Mike Couri
Date: January 14, 2016
Re: Attorney Report
Below is an update of the projects our office has been working on for the City.
• I-94 Ramp Easement. The State is asking the City to obtain I-94 ramp easement
from Albertville Marketplace using a revised legal description as the State wants
clearer language in the deed from the City to the State for the ramp easement. The
easement area remains unchanged—the State simply wants its specific language
used in the easement document. Adam is trying to reach the owner to get the new
deed signed.
• Charter Cable. Charter Cable has replied to our request regarding the free cable
service it is to provide to the City. Their contention is that the City is only entitled
under Federal law to collect a maximum of 5% in franchise fees, which we are
already collecting. Charter believes that provision of free cable service to
municipal buildings over and above that 5% is prohibited under Federal law. I
will check the law on this and see if Charter’s interpretation is correct.
• Prairie Run. Fieldstone is scheduled to close on the 6th of the ten lots on the
private road in the next week or two. We are still waiting to hear from Fieldstone
as to whether the 13th home has joined the Association.
• City Hall Cleaning Contract. I have been working with Adam on preparing a
new City Hall cleaning contract.
Agenda Page 34
Page 2 of 2
• Fire Department SOGS. I have been working with Eric and Adam on minor
changes to the Fire Department’s SOGs.
Agenda Page 35
M:\Public Data\City Council\Council Packet Information\2016\011916\2016-01-19 Emma Krumbee's Liquor License.docx
Meeting Date :January 19, 2016
Mayor and Council Request for Action
_____________________________________________________________________________
January 14, 2016
SUBJECT: CITY CLERK – NEW LIQUOR LICENSE FOR EK RESTAURANT, LLC FOR THE
PREMISES LOCATED AT 11935 59TH PLACE NE
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following motion:
MOTION TO: Approve the On-Sale Intoxicating Liquor and Sunday Sale Licenses for EK
Restaurant, LLC for the premises located at 11935 59th Place NE contingent upon receipt of
license fees and successful results of background checks.
BACKGROUND: The City has received a new liquor license application for an On-Sale
Intoxicating Liquor License and Sunday Sale License for the current Emma Krumbee’s location
at 11935 59th Place NE. The applicants will be an LLC with 50% ownership, two individuals
with 15% ownership each, and the current manager of the site with 20% ownership. The City
Code requires that a new liquor license must be obtained if there is a changed in ownership for
the establishment; therefore a liquor license cannot be transferred and must be treated as a brand
new request for a liquor license.
KEY ISSUES:
• The applicants have submitted proof of liquor liability insurance.
• The fees for the liquor license will be pro-rated for the partial license and the license will
be valid from the time of issuance to April 14, 2016. The applicants have agreed to pay
the pro-rated fee after Council approval of the liquor license and the licenses will be
contingent upon receipt of those fees.
• All applicants must have a background check completed. Two of the applicants reside
outside of Minnesota and in Wisconsin. We have received successful background check
results for all applicants from the MN BCA, but are still waiting for the results of the
Wisconsin background checks. The licenses will also be contingent upon successful
results of those checks.
• There are no outstanding fire or building code violations for the premises.
• There are no outstanding fees, invoices, special assessments, or taxes for the premises.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and Council have the authority to
either approve or deny any liquor license application.
FINANCIAL CONSIDERATIONS: This license fee will be pro-rated and will be
approximately $730 for the partial license period.
Responsible Person/Title: Kimberly A. Olson, City Clerk
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: On File in Clerk’s Office
Agenda Page 36
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet Information\2016\011916\PC Composition and Appointments 2016 RCA.docx
Meeting Date: January 19, 2016
January 14, 2016
SUBJECT: PLANNING - PLANNING COMMISSION COMPOSITION AND APPOINTMENTS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider and
select one of the following:
MOTION TO: Approve one of the Planning Commission composition options and direct staff
to advertise the Planning Commission accordingly for appointments in 2016:
Option 1: No change. Retain five Planning Commissioners and a Council liaison.
Option 2: Adopt Ordinance 2016-01 amending Title 2, Chapter 2, Planning Commission
to establish a five member Commission with a Planning Commission alternate.
Option 3: Adopt Ordinance 2016-01 amending Title 2, Chapter 2, Planning Commission
to expand the composition of the Planning Commission to six or seven members.
BACKGROUND: On January 2, 2016, the City Council met to consider the appointment of
Planning Commissioners. The terms of the Planning Commissioners Klecker and Lindberg
expired at the end of December 2015.
Both members expressed an interest in retaining their Planning Commission seats for another
three year term. The City has also received a letter of interest from another resident currently not
on the Planning Commission. Through the Council discussion, they gave City staff the
following directives:
1. Investigate options for adding another Planning Commissioner to the panel as either a full
Planning Commissioner or as an alternate.
2. Once the options are reviewed by Council, staff will advertise the positions for public
consideration and arrange interviews for the open Planning Commission position by the
Council.
3. Establish a policy and practice of notifying Planning Commissioners two months in
advance of their expiration and advertising for open positions. Conduct annual interview
process prior to reappointment of Commissioner. (ATTACHED – Draft Resolution).
KEY ISSUES: Staff met to discuss the various options available to the City Council for
composing the Planning Commission based on the Council discussion. The options are outlined
as follows:
Agenda Page 37
Mayor and Council Request for Action – January 19, 2016
Planning Commission Composition/Appointments 2016 Page 2 of 3
M:\Public Data\City Council\Council Packet Information\2016\011916\PC Composition and Appointments 2016 RCA.docx
Meeting Date: January 19, 2016
Option 1: No change. Leave the Planning Commission as a five member panel responsible for
development and zoning review. Under this current system, the Planning Commission consists
of the following:
• Consists of five members and a Council liaison.
• A quorum is three members out of five.
• In the event a quorum is not present, the Council liaison serves as the alternate voting
member of the Planning Commission.
• The five member Commission is an odd number, providing a majority recommendation
on all applications even with a split vote.
• The smaller Commission is easier to find volunteers to fill these positions. In the past,
the City frequently did not have a lot of interest in the position.
• The City has recently amended its Code to deal with absentee Commissioners, spelling
out attendance responsibilities and replacement of Commissioners for absences.
• The Code amendment also allows the Council liaison to be a voting Planning
Commissioner in the absence of a quorum.
• The five member Commission limits the project discussion to the five members.
• If a full Commission is not present, then the project discussion becomes more limited
and fewer people are making recommendations to the Council.
Option 2: Five member Planning Commission and an appointed alternate. The City of Rogers
has a seven member Planning Commission and two appointed alternates. This functions as
follows:
• All Planning Commissioners and appointed alternates must attend each Planning
Commission meeting. This keeps all of the Planning Commissioners informed of
ongoing projects.
• At the Planning Commission meeting, the alternates are not voting members of the
Planning Commission unless they are filling in for an absent Commissioner.
• The alternates receive the Planning Commission packet and are invited to participate in
the discussions of the projects.
• The Planning Commission voting would still be five members with a three member
quorum. This would still provide a majority recommendation on all projects to the
Council.
• The expansion of the Planning Commission to five members and an alternate would
respond to the recent increased interest in the Planning Commission by City residents.
• The five members and alternates would expand the number of opinions in the discussion
of any project.
• The alternates would fill a voting position of an absent Planning Commissioner. This
option with liaison backup provides additional protection against not having a quorum.
Option 3: Expanding the Planning Commission to six or more members. Many cities have
Planning Commissions with more than five members. Delano has seven members and New
Hope has 13 members. In expanding the number of Planning Commissioners, the City must
consider the following:
Agenda Page 38
Mayor and Council Request for Action – January 19, 2016
Planning Commission Composition/Appointments 2016 Page 3 of 3
M:\Public Data\City Council\Council Packet Information\2016\011916\PC Composition and Appointments 2016 RCA.docx
Meeting Date: January 19, 2016
• Increase to six or seven Commissioners raises the quorum number to four members.
• The City will need active interest from the community to fill the additional seats.
• A six member Planning Commission may result in deadlock voting on recommendations
to the City Council. As an advisory committee, having a majority decision benefits the
Council. If the Council decides to expand the Planning Commission, it may be preferable
to go to seven members.
• The size of the Planning Commission should reflect the physical constraints of the
Council chambers. The Council dais comfortably seats seven people.
• The expanded Commission will provide broader opinions and discussions on planning
matters.
Each of the various options has its merits. In the past, the City has experienced difficulty in
attracting candidates to fill the five member Commission, yet the City has experienced issues of
Planning Commissioners attendance. Recent changes to the City Code have addressed none of
the attendance issues.
If the City Council wishes to expand the Planning Commission membership, then either Option 2
(five members and alternate) or Option 3 (seven members) is recommended. The attached
ordinance changes are for Council consideration.
POLICY/PRACTICES CONSIDERATIONS: The size and selection of the Albertville
Planning Commission is a policy decision of the City Council. In this regard, the selection of the
Planning Commission options and establishment of a formal procedure for Commission selection
will be established.
FINANCIAL CONSIDERATIONS: The expansion of the Planning Commission will increase
costs associated with salaries, packet preparation, and education, however, this increase will not
be significant.
LEGAL CONSIDERATIONS: The City Council by Minnesota State Statutes has the authority
to establish regulations for the establishment, selection, and option of Planning Commission and
other advisory boards.
Responsible Person/Title: Alan Brixius, City Planning
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
Ordinance for Option 2
Ordinance for Option 3
Resolution to Establish Policy for Selecting Advisory Board Members
Agenda Page 39
Option 2
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2016–01
AN ORDINANCE AMENDING TITLE 2, BOARDS AND COMMISSIONS,
CHAPTER 2, PLANNING COMMISSION
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Title 2, Board and Commissions, Chapter 2, Planning Commission of the
Albertville City Code is hereby amended to repeal the language stricken and add the underlined
language as follows:
CHAPTER 2
PLANNING COMMISSION
SECTION:
2-2-1: Commission Established
2-2-2: Composition; Appointment, Removals
2-2-3: Terms of Office; Vacancies
2-2-4: Oath of Office
2-2-5: Organization and Meetings
2-2-6: Powers and Duties
2-2-7: Expenditures
2-2-8: Planning Commission Liaison
2-2-1: COMMISSION ESTABLISHED: A planning commission for the city is hereby
established. The commission shall be the city planning agency.
2-2-2: COMPOSITION; APPOINTMENT; REMOVALS: The planning commission shall
consist of five (5) members who shall be appointed by the city council and may be removed by a
four-fifths (4/5 ) vote of the council.
A. Composition. The planning commission shall consist of five (5) members, an alternate,
and a city council liaison.
B. Appointment. All planning commission members and alternate shall be appointed by the
city council.
C. Removal/Absences.
1. Removal. The city council may remove a planning commissioner or alternate
with a four-fifths (4/5) vote of the council.
Agenda Page 40
City of Albertville Option 2
Ordinance No. 2016-01
Page 2
2. Absences. Planning commissioners and alternate shall attend regularly scheduled
meetings and special meetings scheduled two weeks prior to a meeting date. A
planning commission member may be excused from an individual meeting for
reasons of illness, work, out of town trips, or other justifiable reason. To qualify
as an excused absence, a planning commission member shall notify the city clerk
of the expected absence at least four (4) days in advance of the meeting.
a. A planning commission member may be replaced upon three (3)
unexcused absences, three (3) consecutive excused or unexcused absences,
or four (4) absences in a calendar year.
b. If the planning commission member exceeds the aforementioned
allowances for absences, the city council may move to replace said
planning commission member.
2-2-3: TERMS OF OFFICE; VACANCIES: Of the members of the commission and alternate
first appointed, one shall be appointed for the term of one year, one for the term of two (2) years,
one for the term of three (3) years and one for the term of four (4) years. Their successors shall
be appointed for terms of four (4) years. Both original and successive appointees shall hold their
office until their successors are appointed and qualified. Vacancies during the term shall be filled
by the council for the unexpired portion of the term.
2-2-4: OATH OF OFFICE: Every appointed member and alternate shall, before entering upon
the discharge of his duties, take an oath that he will faithfully discharge the duties of his office.
2-2-5: ORGANIZATION AND MEETINGS:
A. Officers: The commission shall elect a chairman from among its appointed members for a
term of one year, and the commission may create and fill such other offices as it may
determine. The city clerk shall act as secretary of the planning commission but shall not
be a member.
B. Meetings: The commission shall hold at least one regular meeting each month, unless no
business is scheduled.
C. Rules, Records And Reports: The commission shall adopt rules for the transaction of
business and shall keep a record of its resolutions, transactions and findings, which
record shall be a public record.
D. Quorum: Three (3) members of the commission shall constitute a quorum. As
appropriate, an alternate shall serve in the place of an absent regular member and shall
have all the powers and duties imposed on the regular member from the point in time of
the roll call to determine the presence of a quorum and until the meeting is adjourned.
No more than five (5) members, regular or alternate, shall comprise the planning
commission at any one meeting. With all regular planning commissioners in attendance,
the alternate may participate in commission discussions but may not vote on any issue.
2-2-6: POWERS AND DUTIES:
Agenda Page 41
City of Albertville Option 2
Ordinance No. 2016-01
Page 3
A. Generally: The planning commission shall be the planning agency and shall have the
powers and duties given such agencies generally by Minnesota statutes sections 462.351
through 462.364 and any amendments thereto. It shall also exercise the duties conferred
upon it by this chapter.
B. Zoning Ordinances; Public Hearings: No zoning ordinances or amendments thereto shall
be adopted by the council until a public hearing has been held thereon by the planning
commission or the council upon notice as provided in Minnesota statutes section 462.357,
subdivision 3.
2-2-7: EXPENDITURES: Expenditures of the commission shall be within amounts
appropriated by the city council for the purpose.
2-2-8: PLANNING COMMISSION LIAISON: The city council shall appoint two (2)
members of the council to be the primary and secondary planning commission liaisons. The
liaisons shall attend the planning commission meetings. In the case that a quorum is not present,
the planning commission liaison will serve as an alternate voting member on the planning
commission. When a quorum is present, the liaison will not serve as a voting member on the
planning commission.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this 19th day of January 2016.
___________________________________
Jillian Hendrickson, Mayor
Attest:
______________________________
Kimberly A. Olson, City Clerk
Agenda Page 42
Option 3
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2016-01
AN ORDINANCE AMENDING TITLE 2, BOARDS AND COMMISSIONS,
CHAPTER 2, PLANNING COMMISSION
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Title 2, Board and Commissions, Chapter 2, Planning Commission of the
Albertville City Code is hereby amended to repeal the language stricken and add the underlined
language as follows:
CHAPTER 2
PLANNING COMMISSION
SECTION:
2-2-1: Commission Established
2-2-2: Composition; Appointment, Removals
2-2-3: Terms of Office; Vacancies
2-2-4: Oath of Office
2-2-5: Organization and Meetings
2-2-6: Powers and Duties
2-2-7: Expenditures
2-2-8: Planning Commission Liaison
2-2-1: COMMISSION ESTABLISHED: A planning commission for the city is hereby
established. The commission shall be the city planning agency.
2-2-2: COMPOSITION; APPOINTMENT; REMOVALS: The planning commission shall
consist of five (5) members who shall be appointed by the city council and may be removed by a
four-fifths (4/5 ) vote of the council.
A. Composition. The planning commission shall consist of _______ (6 or 7) members and
a city council liaison.
B. Appointment. All planning commission members shall be appointed by the city council.
C. Removal/Absences.
1. Removal. The city council may remove a planning commissioner with a four-
fifths (4/5) vote of the council.
Agenda Page 43
City of Albertville Option 3
Ordinance No. 2016-01
Page 2
2. Absences. Planning commissioners and alternate shall attend regularly scheduled
meetings and special meetings scheduled two weeks prior to a meeting date. A
planning commission member may be excused from an individual meeting for
reasons of illness, work, out of town trips, or other justifiable reason. To qualify
as an excused absence, a planning commission member shall notify the city clerk
of the expected absence at least four (4) days in advance of the meeting.
a. A planning commission member may be replaced upon three (3)
unexcused absences, three (3) consecutive excused or unexcused absences,
or four (4) absences in a calendar year.
b. If the planning commission member exceeds the aforementioned
allowances for absences, the city council may move to replace said
planning commission member.
2-2-3: TERMS OF OFFICE; VACANCIES: Of the members of the commission first
appointed, one shall be appointed for the term of one year, one for the term of two (2) years, one
for the term of three (3) years and one for the term of four (4) years. Their successors shall be
appointed for terms of four (4) years. Both original and successive appointees shall hold their
office until their successors are appointed and qualified. Vacancies during the term shall be filled
by the council for the unexpired portion of the term.
2-2-4: OATH OF OFFICE: Every appointed member shall, before entering upon the discharge
of his duties, take an oath that he will faithfully discharge the duties of his office.
2-2-5: ORGANIZATION AND MEETINGS:
A. Officers: The commission shall elect a chairman from among its appointed members for a
term of one year, and the commission may create and fill such other offices as it may
determine. The city clerk shall act as secretary of the planning commission but shall not
be a member.
B. Meetings: The commission shall hold at least one regular meeting each month, unless no
business is scheduled.
C. Rules, Records And Reports: The commission shall adopt rules for the transaction of
business and shall keep a record of its resolutions, transactions and findings, which
record shall be a public record.
D. Quorum: Four (4) members of the commission shall constitute a quorum. A quorum is
required to exercise the responsibilities of the planning commission and/or provide
recommendations on any development application.
2-2-6: POWERS AND DUTIES:
A. Generally: The planning commission shall be the planning agency and shall have the
powers and duties given such agencies generally by Minnesota statutes sections 462.351
through 462.364 and any amendments thereto. It shall also exercise the duties conferred
upon it by this chapter.
Agenda Page 44
City of Albertville Option 3
Ordinance No. 2016-01
Page 3
B. Zoning Ordinances; Public Hearings: No zoning ordinances or amendments thereto shall
be adopted by the council until a public hearing has been held thereon by the planning
commission or the council upon notice as provided in Minnesota statutes section 462.357,
subdivision 3.
2-2-7: EXPENDITURES: Expenditures of the commission shall be within amounts
appropriated by the city council for the purpose.
2-2-8: PLANNING COMMISSION LIAISON: The city council shall appoint two (2)
members of the council to be the primary and secondary planning commission liaisons. The
liaisons shall attend the planning commission meetings. In the case that a quorum is not present,
the planning commission liaison will serve as an alternate voting member on the planning
commission. When a quorum is present, the liaison will not serve as a voting member on the
planning commission.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this 19th day of January 2016.
___________________________________
Jillian Hendrickson, Mayor
Attest:
______________________________
Kimberly A. Olson, City Clerk
Agenda Page 45
Page 1
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2016-XXX
RESOLUTION SETTING POLICY AND PROCEDURE FOR
SELECTING MEMBERS OF THE ALBERTVILLE ADVISORY
COMMITTEES AND COMMISSIONS
WHEREAS, the City of Albertville has established an advisory Planning Commission and
Park Committee and is reliant on the recommendations of these committees in addressing issues
associated with land use, zoning, development applications, parks, trails, and recreational
programs; and
WHEREAS, members of the committees are resident volunteers that are appointed by the
City Council; and
WHEREAS, the appointments are for three year terms staggered among the committee
members with the terms of the committee member expiring at different years; and
WHEREAS, the City Council wishes to encourage community resident involvement and
participation in City government and community events; and
WHEREAS, the City wishes to provide opportunities for resident involvement in their
advisory committees; and
NOW, THEREFORE, BE IT RESOLVED that the City of Albertville, Minnesota hereby
approves the following policy and procedure for appointing members of its advisory committees
and commissions:
ADVISORY COMMITTEE/COMMISSION
APPOINTMENT POLICY
1. The City shall track the appointments and terms for all advisory committee and
commission members.
2. Upon the expiration of a committee/commission member’s term, City staff shall notify
the member two months in advance of expiration and request a letter of interest from said
member regarding retaining the position.
3. Two months in advance of the expiration of any committee/commission member term,
City staff will advertise the position opening and solicit letters of interest from
community residents who may be interested in being appointed to said position
.
Agenda Page 46
Page 2
4. City staff shall collect all letters of interest and establish schedules for interviews before
the entire Council at a workshop meeting.
5. The City Council shall select advisory committee/commission members from the pool of
candidates for the open positions or direct staff to re-advertise.
6. Existing committee/commission members shall hold their position until their successors
are appointed.
Adopted by the City Council of the City of Albertville this 19th day of January, 2016.
Jillian Hendrickson, Mayor
Attest:
Kimberly A. Olson, City Clerk
Agenda Page 47
City Administrator’s Update
January 14, 2016
GENERAL ADMINISTRATION
Main Avenue NE & CSAH 37 Entrance Sign: We are currently reviewing multiple proposals.
Animal Control Services: Staff has renewed the contract for animal control services with the
City of Monticello. These services are for the boarding, placement, or disposal of loose or stray
animals. The cost for these services is a low monthly cost. At this time, there are no other
options in the surrounding area for these types of services.
2016 Elections: Staff is beginning to plan for the 2016 election season. One area of concern is
the need for additional staffing during the elections. This includes a need for additional
election judges to work on Election Day as well as staffing at City Hall for absentee voting. Due
to the change in law that allows for no-excuse absentee voting this year and the amount time
each voting transaction requires, staff has identified the need for additional help at City Hall for
several weeks prior to both the Primary and General Elections.
Annual Evaluations: The planner, attorney, and administrator reviews are scheduled to follow
the February 1 regular meeting. I will send out evaluation forms next week.
Arena Board: At their January 11 meeting the Arena Board reviewed the draft 2016 Budget.
There are no significant changes (increases/decreases) proposed for 2016. The Board also
heard that depending on the timing and outcome of a referendum, the Mighty Ducks grant
money may still be available.
Hockey Arena Design Committee: The Committee had their first meeting on January 11. It was
a very productive meeting, which focused on review of the concept drawings from 2011.
Generally, the group very much favored the in-place concepts. The group also developed a list
of questions for the architect related to unmet needs of the 2011 concept. The group will
meet again once the school’s architect has had a chance to review the questions. Also, a tour
of several nearby arenas will be scheduled in the near future.
Communications Contract: Attached is a service contract to improve communication services.
The intent is assist the City with written communications and increase public awareness of
various City related issues, topics, news, etc. Typical communication pieces may include:
preparation of newsworthy and factual newsletter articles, press releases, editorials, project
updates, meeting summaries, Facebook posts, and website content. Discussion of these
services will be included as an agenda item.
Agenda Page 48
City Administrator’s Update Page 2 of 2 January 19, 2016
ENGINEERING/PUBLIC WORKS
Traffic Engineering: I have included a proposal for traffic engineering services related to three
intersections in the City. All three of the intersections are in need of improvement and the
engineering proposed is to develop improvement options. Also included in the proposal is a
task to prepare a marketing flyer for phase 2 I-94/CSAH 19 interchange improvements.
Discussion of these services will be included as an agenda item.
Public Works Committee: Tim and I will coordinate a Committee meeting to discuss 2016
projects and equipment purchases.
Policy Updates: Public works has several policies we would like to update, simply to better
reflect our current practice. The snow plow policy was recently completed and the next policy
will be the city’s Sign Maintenance/Retroreflectivity Policy, which all cities are required to have
in place.
MS4 Permitting: Staff recently met with the MPCA to discuss Part 2 of the application for the
MS4 General Storm Water Permit. This part of the application is due in October and I have
been working with Bolton and Menk to complete several of its components. Please let me
know if you have questions relating to our new MS4 requirements.
Lachman Avenue NE Rear Yard Drainage: I have only received one of the five easement
agreements.
54th Street and Barthel Industrial Drive: We are in the process of closing out this project.
Cold Storage: Public Works staff is beginning to review options for cold storage.
Greenhaven Streets: We are working to final-out the project.
57th Street NE/Church of St. Albert Improvement Project: We are working on the final invoice
for the Church.
UPCOMING EVENTS and ANNOUNCEMENTS
• January 26 (Tuesday) – I-94 Chamber State of the Cities Event, 11:15 a.m., St. Michael
City Center. Please let us know if you are interested in attending.
• February 29 - Joint Governments Meeting with School District and St. Michael, 6:00
p.m., St. Michael City Center. Please let me know if you have agenda items you would
like included
ATTACHMENTS:
• Contract for Communication Services
• Traffic Engineering Proposal
Agenda Page 49
December 30, 2015
Mr. Adam Nafstad, PE
City Engineer
CITY OF ALBERTVILLE
5959 Main Avenue NE
PO Box 9
Albertville, MN 55301
SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR MISCELLANEOUS INTERSECTION
IMPROVEMENTS
Dear Mr. Nafstad:
SRF Consulting Group, Inc. is pleased to provide this proposal for analysis and concept design
services for miscellaneous intersection improvements in the City of Albertville. We appreciate the
opportunity to serve the City of Albertville to complete these studies.
SCOPE OF SERVICES
The Scope of Services includes project management, data collection, analysis, and recommendations
for improvement options at three specified intersections in the City of Albertville.
The study will include work at the following intersections:
• Identify alternatives to address problematic operations at the 57th Street and CSAH 19 intersection
• Identify options to address difficulties with ingress and egress at the St. Michael-Albertville Middle
School
• Identify alternatives for improvements to pedestrian operations at CSAH 19 near the Albertville
Outlet Mall
The scope of work will also include the preparation of a flyer depicting the future eastbound CD Road
project suitable for use in promoting this project.
We have attached a detailed scope and task item breakdown for our specific budget and fee, for the
above described work tasks.
Agenda Page 50
Mr. Adam Nafstad, PE - 2 - December 30, 2015
City of Albertville
PROJECT TEAM AND SCHEDULE
The Project Manager will be Dave Nelson, PE, Principal. Dave will be assisted by Adrian Potter, PE.
Adrian has extensive experience in developing intersection improvements. We will proceed with the
project as soon as authorized and submit deliverables on a mutually agreed upon timeframe.
BASIS OF PAYMENT
We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other
direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and mileage
will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly
basis for work performed during the previous month. Payment is due within 30 days.
We estimate our cost to perform these professional services to be $20,175, which is summarized
below. A detailed list of tasks is attached to this proposal. We will not exceed this total without your
approval.
COST SUMMARY
Task No. Task Description Fees
1.0 57th Street and CSAH 19 intersection $ 7,359
2.0 St. Michael-Albertville Middle School entrance $ 3,980
3.0 Pedestrian accommodations near the Outlet Mall $6,961
4.0 Prepare flyer for EB CD Road $1,750
Direct Expenses $ 125
Total Project Fees $20,175
CHANGES IN THE SCOPE OF SERVICES
It is understood that if the scope or extent of work changes, our fee will be adjusted accordingly.
Before any out-of-scope work is initiated, however, we will submit a budget request for the new work
and will not begin work until we receive written authorization from you.
STANDARD TERMS AND CONDITIONS
The attached Standard Terms and Conditions (Attachment A), together with this proposal for
professional services, constitute the entire agreement between the Client and SRF Consulting Group,
Inc. and supersede all prior written or oral understandings. This agreement may only be amended,
supplemented, modified or canceled by a duly executed written instrument.
Agenda Page 51
Mr. Adam Nafstad, PE - 3 - December 30, 2015
City of Albertville
ACCEPTANCE/NOTICE TO PROCEED
A signed copy of this proposal, mailed or emailed to our office, will serve as acceptance of this
proposal and our notice to proceed. The email address is dnelson@srfconsulting.com.
We sincerely appreciate the opportunity to continue to provide engineering services to the City of
Albertville. If you have any questions or need additional information, please feel free to contact us.
Sincerely,
SRF CONSULTING GROUP, INC.
David P. Nelson, PE (MN WI)
Principal
DPN/jal
Attachments:
Attachment A – Standard Terms and Conditions
Work Tasks and Fee Estimate
APPROVED:
CITY OF ALBERTVILLE
(signature)
Name
Title
Date
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost
estimate after 90 days from the date of this proposal.
SRF P15972
C:\A_Proposals\Albertville\P15972_Albertville_20151230.docx
Agenda Page 52
Agenda Page 53
Agenda Page 54
12/30/2015 EXHIBIT B PAGE 1
SRF CONSULTING GROUP, INC.ENGINEERS PLANNERS
Albertville Scope - Various Services - Draft 20151230.xlsx
MINNEAPOLIS, MN
SRF Consulting Group, Inc.Work Tasks and Person-Hour Estimates
Client: City of Albertville
Project: Miscellaneous Intersection Improvements
P15 972
TABLE OF CONTENTS
1.0 Alternatives for CSAH 19 (Labeaux Ave NE) and 57th
Street NE
2.0 Alternatives for Saint Michael-Albertville Middle
School Access
3.0 Pedestrian Operations at CSAH 19 (Labeaux Ave
NE) and the Outlets at Albertville Access Road
4.0 Prepare EB CD Road flyer
Agenda Page 55
12/30/2015 EXHIBIT B PAGE 2
SRF CONSULTING GROUP, INC.ENGINEERS PLANNERS
Albertville Scope - Various Services - Draft 20151230.xlsx
MINNEAPOLIS, MN
SRF Consulting Group, Inc.Work Tasks and Person-Hour Estimates
Client: City of Albertville
Project: Miscellaneous Intersection Improvements
P15 972
TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR. ASSOC.ASSOCIATE SR. PROF.PROF.TECHNICAL CLERICAL TOTALS EST. FEE
1.0 Alternatives for CSAH 19 (Labeaux Ave NE) and 57th
Street NE
1.1 Coordination and field observations 0 0 4 0 8 0 0 12 $1,216.00
1.2 Collect peak hour turning movement counts 0 0 0 0 8 0 0 8 $728.00
1.3 Examine peak hour operations in SYNCHRO 0 0 4 0 8 0 0 12 $1,216.00
1.4 Identify three improvement alternatives 0 2 6 10 4 0 0 22 $2,414.00
1.5 Present alternatives to City in a memo 0 2 4 4 0 0 0 10 $1,206.00
1.6 Management and Quality Control 3 0 0 0 0 0 0 3 $579.00
SUBTOTAL - TASK 1 3 4 18 14 28 0 0 67 $7,359.00
2.0 Alternatives for Saint Michael-Albertville Middle
School Access
2.1 Coordination, collect count data, and field observations 0 0 6 0 8 0 0 14 $1,460.00
2.2 Propose operations improvements to the City 0 2 4 6 8 0 0 20 $2,134.00
2.3 Management and Quality Control 2 0 0 0 0 0 0 2 $386.00
SUBTOTAL - TASK 2 2 2 10 6 16 0 0 36 $3,980.00Agenda Page 56
12/30/2015 EXHIBIT B PAGE 3
SRF CONSULTING GROUP, INC.ENGINEERS PLANNERS
Albertville Scope - Various Services - Draft 20151230.xlsx
MINNEAPOLIS, MN
SRF Consulting Group, Inc.Work Tasks and Person-Hour Estimates
Client: City of Albertville
Project: Miscellaneous Intersection Improvements
P15 972
TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR. ASSOC.ASSOCIATE SR. PROF.PROF.TECHNICAL CLERICAL TOTALS EST. FEE
3.0 Pedestrian Operations at CSAH 19 (Labeaux Ave
NE) and the Outlets at Albertville Access Road
3.1 Coordination with the Outlets and the City 0 2 0 0 4 0 0 6 $682.00
3.2 Obtain current signal timing 0 2 0 0 4 0 0 6 $682.00
3.3 Observe pedesrian operations 0 6 0 0 6 0 0 12 $1,500.00
3.4 Identify potential improvements 0 8 0 8 4 0 0 20 $2,436.00
3.5 Present observations and findings to City in a memo 0 2 0 4 4 0 0 10 $1,082.00
3.6 Management and Quality Control 3 0 0 0 0 0 0 3 $579.00
SUBTOTAL - TASK 3 3 20 0 12 22 0 0 57 $6,961.00
4.0 Prepare EB CD Road flyer
4.1 Coordination with the City of Allbertville 1 4 0 0 0 0 0 5 $829.00
4.2 Drafting and technical preparation of flyer 1 0 0 0 8 0 0 9 $921.00
SUBTOTAL - TASK 4 2 4 0 0 8 0 0 14 $1,750.00Agenda Page 57
12/30/2015 EXHIBIT B PAGE 4
SRF CONSULTING GROUP, INC.ENGINEERS PLANNERS
Albertville Scope - Various Services - Draft 20151230.xlsx
MINNEAPOLIS, MN
SRF Consulting Group, Inc.Work Tasks and Person-Hour Estimates
Client: City of Albertville
Project: Miscellaneous Intersection Improvements
P15 972
TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR. ASSOC.ASSOCIATE SR. PROF.PROF.TECHNICAL CLERICAL TOTALS EST. FEE
TOTAL ESTIMATED PERSON-HOURS 10 30 28 32 74 0 0 174
AVERAGE HOURLY BILLING RATES $193.00 $159.00 $122.00 $100.00 $91.00 $0.00 $0.00
ESTIMATED LABOR AND OVERHEAD $1,930.00 $4,770.00 $3,416.00 $3,200.00 $6,734.00 $0.00 $0.00 $20,050.00
ESTIMATED DIRECT NON-SALARY EXPENSES $125.00
TOTAL ESTIMATED FEE $20,175.00
=============
ESTIMATE OF DIRECT NON-SALARY EXPENSES:
MILEAGE: (Allowable IRS rate for business)Personal Vehicles 250 Miles @ $0.500 per mile $125.00
ESTIMATED DIRECT NON-SALARY EXPENSES $125.00
=========Agenda Page 58
1
CONTRACT FOR COMMUNICATIONS SERVICES
This agreement is made and entered into the _________ day of January, 2016, by and between the City of Albertville, Wright County, Minnesota, a public corporation, hereinafter referred to as “City”, and Samara Postuma, of Saint Michael, Minnesota, hereinafter referred to as “Contractor”. In consideration of the mutual promises and agreements hereinafter set forth, and intending to be legally bound, the parties do hereby agree as follows: 1. Services Provided. Contractor agrees to perform the following services for the City, approximating on average 20 hours per month:
• Assist the city with written communications and increase public awareness of various city related issues, topics, news, etc. as needed and/or assigned.
• Preparation of newsworthy and factual newsletter articles, press releases, editorials, project updates, meeting summaries, Facebook posts, and website content.
• Writing articles on issues of interest involving the City for submission to local newspaper for publication.
• Consultation with City Staff regarding options for increasing public awareness of issues and preparation of plans of action for communicating with the public on multiple media platforms on selected issues.
• Review of existing communication resources and providing recommendations for improved communication procedures and methods. 2. Performance. Contractor shall perform all services directly or indirectly required under this Agreement in a workmanlike manner. Contractor shall not make false statements or representations on behalf of the City in performing this contract. Contractor shall take direction from the City via telephone or personal meeting at least once each week, and shall submit all documents intended for publication to the City for review prior to publication unless the City Administrator waives this requirement. Contractor shall reasonably make herself available for consultation with the City upon reasonable notice by City Staff. 3. Term. The services called for by this Agreement shall commence on the date that the contract has been executed by all parties and shall continue until cancelled by either party upon 14 days’ written notice.
Agenda Page 59
2
4. Independent Contractor. Contractor acknowledges and agrees that it is an independent contractor and that nothing herein shall be construed to create the relationship of employer and employee between City and Contractor. No employee-related withholdings or deductions shall be made from payments due Contractor. Contractor shall not be entitled to receive any benefits from City and shall not be eligible for workers’ compensation or unemployment benefits provided by the City. Contractor shall at all times be free to exercise initiative, judgment, and discretion in how best to perform or provide the services identified herein. 5. Confidentiality. Except for information Contractor is authorized to publish or communicate to others, Contractor shall hold in confidence all information received by Contractor from City staff regarding issues Contractor is engaged to perform work on under this Agreement.
6. Payment. Contractor shall be paid at a rate of $40 per hour. No claim for payment by Contractor shall be paid unless it is detailed and otherwise in compliance with the claim requirements of Minn. Stat. §§ 471.38; 471.391; and any other applicable law. Payment shall be made monthly upon proper invoice by Contractor. 7. Prompt Payment. City will pay undisputed claims promptly submitted under the terms and conditions of this Agreement in accordance with the prompt payment requirements in Minn. Stat. § 471.425. 8. Modifications. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by City and Contractor.
9. Subcontracting and Assignment. Contractor shall not enter into any subcontract for performance of any services contemplated under this Agreement nor assign any interest in the Agreement without the prior written approval of the City and subject to such conditions and provisions as City may deem necessary or desirable in its sole discretion. 10. Minnesota Law Governs. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the State of Minnesota.
Agenda Page 60
3
11. Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid or otherwise unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement. 12. Entire Agreement. This Agreement represents the entire Agreement of the parties relating to the provision of services to the City from Contractor.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above.
CITY OF ALBERTVILLE CONTRACTOR _____________________________________ _____________________________________ Jillian Hendrickson, Mayor Samara Postuma _____________________________________ Kimberly Olson, City Clerk
Agenda Page 61