Loading...
HomeMy WebLinkAbout12-19-16-WSAGENDA ITEMS Traffic And Speed Ramsey County Undersheriff Terry Soukkala MEMO.PDF Moratorium Zoning Study And Subcommittee Eric Zweber, Interim City Planner MEMO.PDF Arden Hills Notes Proposal Councilmember Wicklund MEMO.PDF ATTACHMENT A.PDF Highway 10 And County Road 96 Intersection Sue Iverson, Interim City Administrator and Director of Finance and                      Administrative Services  MEMO.PDF Data Practices Procedure Manual Update Sue Iverson, Interim City Administrator and Director of Finance and                      Administrative Services MEMO.PDF ATTACHMENT A.PDF COUNCIL/STAFF COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Jonathan Wicklund       City Council Work Session Agenda December 19, 2016 5:00 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651 -792 -7800 Website : www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. CALL TO ORDER 1. 1.A. Documents: 1.B. Documents: 1.C. Documents: 1.D. Documents: 1.E. Documents: 2. AGENDA ITEMSTraffic And SpeedRamsey County Undersheriff Terry Soukkala MEMO.PDFMoratorium Zoning Study And SubcommitteeEric Zweber, Interim City Planner MEMO.PDFArden Hills Notes ProposalCouncilmember Wicklund MEMO.PDFATTACHMENT A.PDFHighway 10 And County Road 96 IntersectionSue Iverson, Interim City Administrator and Director of Finance and                     Administrative Services MEMO.PDF Data Practices Procedure Manual Update Sue Iverson, Interim City Administrator and Director of Finance and                      Administrative Services MEMO.PDF ATTACHMENT A.PDF COUNCIL/STAFF COMMENTS ADJOURN Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungJonathan Wicklund      City Council Work SessionAgendaDecember 19, 20165:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.CALL TO ORDER1.1.A.Documents:1.B.Documents:1.C.Documents:1.D.Documents: 1.E. Documents: 2. Page 1 of 1 DATE: December 19, 2016 TO: Honorable Mayor and City Councilmembers FROM: Sue Iverson, Interim City Administrator SUBJECT: Terry Soukkala, Undersheriff - Traffic and Speed Discussion Background/Discussion Undersheriff Terry Soukkala is scheduled to be at the City Council work session to discuss traffic and speed concerns with the Council. AGENDA ITEM – 1A MEMORANDUM Page 1 of 2 DATE: December 19, 2016 TO: Honorable Mayor and City Councilmembers Sue Iverson, Interim City Administrator FROM: Eric Zweber, AICP, Interim City Planner SUBJECT: Moratorium Zoning Study and Subcommittee Background On October 10, the City Council adopted Ordinance No. 2016-008 An Interim Ordinance Temporarily Prohibiting Land Use Applications and Reviews for Higher Education Uses in Residential, Business, Industrial and Other Zones (moratorium). The moratorium can last up to one year to prepare a study to determine the impacts and benefits from higher education land uses and provide recommendations for possible Zoning Code amendments regarding higher education uses. To develop a scope and budget for this study, staff would request a recommendation from the City Council for the public participation process of the study. The study will evaluate all higher education uses, including residence halls, classrooms, athletic facilities and campus/community centers, and evaluate if these use are suitable within residential, commercial, industrial and/or institutional zones. The study will evaluate the impacts of each of these higher education uses in the light of traffic and parking; economic development; neighborhood compatibility; and public benefit. To guide this evaluation, the following options for public participation within the study appear appropriate: 1. Review and guidance from the Planning Commission followed by a public Open House, Planning Commission recommendation and City Council adoption. 2. Establishment of a Citizen Advisory Committee of a broad membership to review and provide guidance during the study followed by a public Open House, Planning Commission recommendation and City Council adoption. For reference, when developing the Guiding Plan for the B2 District, the Citizen Advisory Committee (CAC) was composed of 15 members, two from the Planning Commission, two from the Economic Development Commission, three members from the business community and eight Arden Hills resident members. If the City Council choses to employ a CAC, staff would recommend an 11 member committee that includes: AGENDA ITEM – 1B MEMORANDUM Page 2 of 2  Two City Councilmembers  Two Planning Commissioners  One Economic Development Committee member  One representative from the University of Northwestern  One representative from Bethel University  Two member of the business community (focusing on high technology businesses)  Two Arden Hills residents AGENDA ITEM – 1C MEMORANDUM DATE: December 19, 2016 TO: Honorable Mayor and City Council FROM: Sue Iverson, Interim City Administrator/Director of Finance and Admin Services SUBJECT: Arden Hills Notes Proposal Background/Discussion Councilmember Wicklund had asked that this item be placed on an agenda for discussion. Attachment A: AH Newsletter Review ARDEN HILLS NEWSLETTER REVIEW EXECUTIVE SUMMARY Over the last couple of years, the number of volunteers in the communications committee has been in slow decline. Currently we have four individuals involved (staff, city council liaison, Susan Cathey and Mary Nosek). Also, our current volunteer pool could decrease even more. The average cost for design is $150, printing is $1,550 and postage is $600 for a total of $2,300 per newsletter. Annual cost for our 10 newsletters is $23,000. ISSUES Is city council, staff or a volunteer the one to drive vision and implementation of the newsletter. Currently, both a staff member and city council liaison are on the committee but we do not have anyone pushing the newsletter forward. There is a big difference between a liaison: a person who helps groups work together and provides information to each other AND a driver: one that provides motivation, steers the direction and is responsible for the results. Who is going to be responsible for content in the future if our volunteer pool continues to shrink. Is this completed by more staff and city council member involvement, finding more volunteers or paying writers. A LA CARTE OPTIONS Do nothing - does not impact the budget but does risk the burnout of current volunteers and the desktop publisher volunteer. Recruit volunteers - does not impact the budget but someone needs to recruit and actually get people to help out. City Council and staff write articles - the impact on the budget is based upon how much staff time is used up to write content for newsletters. Pay writers - the impact on the budget would be minimal ($100-$150 per article depending on length) Reduce number of newsletters - this could reduce the impact on the budget or allow the $9,200 to be used elsewhere. Possibly move from 10 newsletters a year to six. Outsource design - the cost would be an additional $11,000 if we stayed with a 4-page design and 10 newsletters a year. The cost would be an additional $7,000 if we stayed with a 4-page design and six newsletters a year. Determine who “owns” the newsletter - once this is clarified that person can define vision, direction and implementation of newsletter changes. MY RECOMMENDATION I’ll tell you what I think if you ask… Page 1 of 1 DATE: December 19, 2016 TO: Honorable Mayor and City Councilmembers FROM: Sue Iverson, Interim City Administrator SUBJECT: Highway 10 and County Road 96 Traffic Light Background/Discussion Council members have requested staff to place this item on the agenda for discussion in light of the recent accident at this intersection. AGENDA ITEM – 1D MEMORANDUM Page 1 of 1 DATE: December 19, 2016 TO: Honorable Mayor and City Councilmembers FROM: Sue Iverson, Interim City Administrator Julie Hanson, City Clerk SUBJECT: Data Practices Procedure Manual Update Background/Discussion City staff, under the direction of the City Attorney, has updated the Data Practices Procedure Manual in order to update language to comply with current requirements (see Attachment A). Updates include naming the City Clerk as the Responsible Authority and Date Practices Act Compliance Official, adding data security procedures as required by Minn.Stat § 13.05, and minor changes where citation to statutes was outdated or language was unclear. Staff will be requesting the Council formally approve appointing the City Clerk as the Responsible Authority and Date Practices Act Compliance Official, and this item will be presented tonight at the special regular City Council meeting. Attachments Attachment A: Updated Data Practices Procedure Manual (red/blue-lined copy) AGENDA ITEM – 1E MEMORANDUM 190435v1 1 Deleted: 1¶ ¶ CITY OF ARDEN HILLS DATA PRACTICES PROCEDURES Deleted: Last reviewed: December 2016¶ 190435v1 2 Deleted: 1¶ ¶ CITY OF ARDEN HILLS DATA PRACTICES PROCEDURES INDEX Subject Page I. Introduction 4 II. Definition of Government Data 4 III. Responsible Authority 4 IV. Access to Public Data 4 A. People Entitled to Access 5 B. Form of Request 5 C. Time Limits 5 D. Fees 5 V. Access to Data on Individuals 5 A. People Entitled to Access 5 B. Form of Request 6 C. Identification of Requesting Party 6 D. Time Limits 6 E. Fees 6 F. Summary Data 6 G. Juvenile Records 7 VI. Denial of Access 8 VII. Collection of Data on Individuals 8 VIII. Challenge to Data Accuracy 8 IX. Data Protection 9 A. Accuracy and Currency of Data 9 B. Data Safeguards 9 C. Data Inventory 9 D. Employee Job Descriptions 10 E. Data Sharing and Authorized Individuals 10 F. Contracts 10 G. Penalties 10 X. Annual Review and the City Clerk 10 Formatted: Font: 11 pt Formatted: Indent: First line: 0" Deleted: Director of Finance Deleted: ¶ Deleted: and Administrative Services 9¶ 190435v1 3 Deleted: 1¶ ¶ EXHIBITS NUMBER List of Designees 1 Fees and Charges 2 Consent to Release Private Data 3 Information Disclosure Request 4 Access and Nondisclosure Agreement 5 Notice to Juveniles 6 Tennessen Warning 7 Contract Language, Outside Agents 8 APPENDICES LETTER Private & Confidential Data Maintained by City A 190435v1 4 Deleted: 1¶ ¶ CITY OF ARDEN HILLS DATA PRACTICES PROCEDURES I. Introduction These procedures are adopted to comply with the requirements of the Minnesota Data Practices Act (the “Act"), found in the Minnesota Statutes, § 13.025, § 13.03, Subd. 2 and § 13.05, Subd. 5 . II. Definition of Government Data Government data is all data kept in any recorded form by the City of Arden Hills. As long as data is recorded in some way by a government entity, it is government data, no matter what physical form it is in, or how it is stored or used. Government data may be stored on paper forms, records or files; in electronic form; on audio or video tape; on charts; maps; etc. Government data is regulated at the level of individual items or elements of data, so any given document, record, or file contains many data elements. III. Responsible Authority The person who is the Responsible Authority and Data Practices Act Compliance Official is the City Clerk. The responsible authority has designated certain other City employees to assist in complying with the Act. These designees are listed on attached Exhibit 1. IV. Access to Public Data All information maintained by the City is public unless there is a specific statutory designation which gives it a private, confidential or non-public designation. The City collects data on individuals and data not on individuals. This data also has varying degrees of accessibility. Categories of Classification Data on Individuals Data Not on Individuals Degree of Accessibility Public Public Accessible to anyone Private Non-Public Accessible to data subjects and to government officials whose duties reasonably require access. Confidential Protected Non-Public Accessible only to government officials whose duties reasonably require access. Deleted: and 8 Deleted: r Deleted: a Deleted: for compliance with the Act Deleted: Director of Finance and Administrative Services 190435v1 5 Deleted: 1¶ ¶ The City’s General Records Retention Schedule lists data maintained by the City and its classification. The retention schedule is available on the Minnesota Clerks and Finance Officers Association (MCFOA) website at www.mcfoa.org or by request at Arden Hills City Hall. A. People Entitled to Access of Public Data. Any person has the right to inspect and copy public data. The person requesting public data also has the right to have an explanation of the meaning of the data. The person requesting public data does not need to state his or her name or give the reason for the request. B. Form of Request. The request for public data may be verbal or written. For requests that are more complicated in nature, it is recommended that the request be in writing, but it is not required to obtain public data. C. Time Limits. • Requests. Requests for accessible public data will be received and processed only during normal business hours. • Response. If copies cannot be made at the time of the request, copies must be supplied to the individual requesting them as soon as reasonably possible. D. Fees. Fees may be charged only if the requesting person asks for copies. If the request is for 100 or fewer black and white, letter or legal size paper copies fees will be charged according to the City's standard photocopying policy, attached as Exhibit 2. If the person requests copies of anything other than 100 or fewer black and white, letter or legal size paper copies or electronic transmittal of data, the fee will include the actual cost of searching for, retrieving and copying or electronically transmitting the data. The fee may not include time necessary to separate public information from non-public information. The responsible authority may also charge an additional fee if the copies have commercial value and are a substantial and discrete portion of a formula, compilation, program, process, or system developed with significant expenditure of public funds. This additional fee must relate to the actual development costs of the information. V. Access to Data on Individuals. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is contained in Appendix A. A. People Entitled to Access.  Public information about an individual may be shown or given to anyone requesting the information.  Private information about an individual may be shown or given to: Deleted: information Formatted: Indent: Left: 0.5", No bullets or numbering Deleted: a Deleted: y or electronic transmittal of the data Deleted: F Deleted: , unless significant time is required. Deleted: In that case, 190435v1 6 Deleted: 1¶ ¶ • The individual who is the data subject, but only once every six (6) months, unless a dispute has arisen or additional data has been collected. • A person who has been given access by the express written consent of the data subject. This consent must be on the form attached as Exhibit 3, or a form reasonably similar. • People who are authorized access by the federal, state, or local law or by court order. • People about whom the individual was advised at the time the data was collected. The identity of those people must be part of the Tennessen Warning, attached as Exhibit 7. • City staff and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. City Council’s access to private personnel data is limited to instances when an employee is facing a complaint or disciplinary action is being considered.  Confidential information may not be given to the subject of the data, but may be shown or given to: • Anyone who are authorized by federal, state, or local law or by court order. • City staff, City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. B. Form of Request. Anyone may request verbally or in writing information that the City has as stored data about any individual, whether that data is classified as public, private, or confidential. All requests to see or copy private or confidential information must be in writing. An Information Disclosure Request, attached as Exhibit 4, must be completed to document who requests and who receives this information. The Responsible Authority or designee must complete the relevant portions of the form. The Responsible Authority or designee may waive the use of this form if there is other documentation of the requesting party's identity, the information requested, and the City's response. A response to a request for data relating to litigation will be made after consultation with the City Attorney. C. Identification of Requesting Party. The Responsible Authority or designee must verify the identity of the requesting party as a person entitled to access. This can be through personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means. D. Time Limits. • Requests. Requests will be received and processed only during normal business hours. • Response. The response must be immediate, if possible, or within five (5) working days if an immediate response is not possible. The City may have an additional five (5) working days to respond if it notifies the requesting person that it cannot comply within five (5) working days. E. Fees. Fees may be charged in the same manner as for public information. 190435v1 7 Deleted: 1¶ ¶ F. Summary Data. Summary data is statistical records and reports derived from data on individuals but which does not identify an individual by name or any other characteristic that could uniquely identify an individual. Summary data derived from private or confidential data is public. The Responsible Authority or designee will prepare summary data upon request, if the request is in writing and the requesting party pays for the cost of preparation. The Responsible Authority or designee must notify the requesting party about the estimated costs and collect those costs before preparing or supplying the summary data. This should be done within ten (10) days after receiving the request. If the summary data cannot be prepared within ten (10) days, the responsible authority must notify the requester of the anticipated time schedule and the reasons for the delay. Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means. The Responsible Authority may ask an outside agency or person to prepare the summary data if (1) the specific purpose is given in writing, (2) the agency or person agrees not to disclose the private or confidential data, and (3) the Responsible Authority determines that access by this outside agency or person will not compromise the privacy of the private or confidential data. The Responsible Authority may use the form attached as Exhibit 5. G. Juvenile Records. The following applies to private (not confidential) data about people under the age of 18. • Parental Access. In addition to the people listed above who may have access to private data, a parent may have access to private information about a juvenile data subject. "Parent" means the parent or guardian of a juvenile data subject, or individual acting as a parent or guardian in the absence of a parent or guardian. The parent is presumed to have this right unless the Responsible Authority or designee has been given evidence that there is a state law, court order, or other legally binding document which prohibits this right. • • Notice to Juvenile. Before requesting private data from juveniles, city personnel must notify the juveniles that they may request that the information not be given to their parent(s). This notice should be in the form attached as Exhibit 6. • Denial of Parental Access. The Responsible Authority or designee may deny parental access to private data when the juvenile requests this denial and the Responsible Authority or designee determines that withholding the data would be in the best interest of the juvenile. The request from the juvenile must be in writing stating the reasons for the request. In determining the best interest of the juvenile, the Responsible Authority or designee will consider: • Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences of the request to deny access, • Whether denying access may protect the juvenile from physical or emotional harm, • Whether there is reasonable grounds to support the juvenile's reasons for denying parental access, • Whether disclosure of the data could lead to physical or emotional harm to the Formatted: Indent: Left: 0.75", No bullets or numbering Formatted: Indent: Left: 1", No bullets or numbering 190435v1 8 Deleted: 1¶ ¶ minor; and Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes § 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize the health of the minor. The Responsible Authority may deny parental access to private data on a juvenile without a request from the juvenile pursuant to Minnesota Statutes §§ 144.291 to 144.298 or any other statute or federal law that allows or requires the Responsible Authority to deny parental access, if such state statute or federal law provides standards which limit the exercise of discretion of the Responsible Authority. VI. Denial of Access. If the Responsible Authority or designee determines that the requested data is not accessible to the requesting party, the Responsible Authority or designee must inform the requesting party orally at the time of the request or in writing as soon after that as possible. The Responsible Authority or designee must give the specific legal authority, including statutory section, for withholding the data. The Responsible Authority or designee must place an oral denial in writing upon request. This must also include the specific legal authority for the denial. VII. Collection of Data on Individuals. The collection and storage of information about individuals will be limited to that necessary for the administration and management of programs specifically authorized by the state legislature, city council, or federal government. When an individual is asked to supply private or confidential information about the individual, the City employee requesting the information must give the individual a Tennessen Warning. This warning must contain the following: • The purpose and intended use of the requested data, • Whether the individual may refuse or is legally required to supply the requested data, • Any known consequences from supplying or refusing to supply the information, and • The identity of other persons or entities authorized by state or federal law to receive the data. A Tennessen Warning is not required when an individual is requested to supply investigative data to a law enforcement officer. A Tennessen Warning may be on a separate form or may be incorporated into the form which requests the private or confidential data. See attached Exhibit 7. VIII. Challenge to Data Accuracy. An individual who is the subject of public or private data may contest the accuracy or completeness of that data maintained by the City. The individual must notify the City's Responsible Authority in writing describing the nature of the disagreement. Within 30 days, Formatted: Indent: Left: 0.5" Deleted: ¶ <#>¶ The Responsible Authority or designee may also deny parental access without a request from the juvenile under Minnesota Statutes § 144.335. 190435v1 9 Deleted: 1¶ ¶ the Responsible Authority or designee must respond and either (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual, or (2) notify the individual that the authority believes the data to be correct. An individual who is dissatisfied with the Responsible Authority's action may appeal to the Commissioner of the Minnesota Department of Administration, using the contested case procedures under Minnesota Statutes Chapter 14. The Responsible Authority will correct any data if so ordered by the Commissioner. IX. Ensuring Security of Not Public Data . A. Accuracy and Currency of Data. All employees will be requested, and given appropriate forms, to provide updated personal information to the appropriate supervisor, City Clerk, or Finance Director, which is necessary for tax, insurance, emergency notification, and other personnel purposes. Other people who provide private or confidential information will also be encouraged to provide updated information when appropriate. Department heads should periodically review forms used to collect data on individuals to delete items that are not necessary and to clarify items that may be ambiguous. All records must be disposed of according to the City's records retention schedule. B. Data Safeguards. Private and confidential information will be stored in files or databases which are not readily accessible to individuals who do not have authorized access and which will be secured during hours when the offices are closed. Private and confidential data must be kept only in City offices, except when necessary for City business. Only those employees whose job responsibilities require them to have access will be allowed access to files and records that contain private or confidential information. These employees will be instructed to: • not discuss, disclose, or otherwise release private or confidential data to City employees whose job responsibilities do not require access to the data, • not leave private or confidential data where non-authorized individuals might see it, password protect employee computers and lock computers before leaving workstations; • secure private or confidential data within locked work spaces and in locked file cabinets; and • shred private or confidential data before discarding. C. Data Inventory Deleted: Data Protection Deleted: and¶ Formatted: Body Text Indent 2 Formatted: Tab stops: 0.31", Left Formatted: Font: Bold 190435v1 10 Deleted: 1¶ ¶ Under the requirements of Minnesota Statutes § 13.025, subd. 1, the City has prepared a Data Inventory which identifies and describes all not public data on individuals maintained by the City. To comply with Minnesota Statutes § 13.05 subd. 5, the City has modified its Data Inventory to represent the employees who have access to not public data. In the event of temporary duty as assigned by a manager or supervisor, an employee may access certain not public data, for as long as the work is assigned to the employee. In addition to the employees listed in the City’s Data Inventory, the Responsible Authority, the Data Practices Compliance Official, the City Administrator, Department Heads, and the City Attorney may have access to all not public data maintained by the City if necessary for specified duties. Any access to not public data will be strictly limited to the data necessary to complete the work assignment. D. Employee Job Descriptions Employee Job Descriptions may contain provisions identifying any not public data accessible to the employee when a work assignment reasonably requires access. E. Data Sharing with Authorized Individuals State or federal law may authorize the sharing of not public data in specific circumstances. Not public data may be shared with another entity if a federal or state law allows or mandates it. Individuals will have notice of any sharing in applicable Tennessen warnings (See Minnesota Statutes, section 13.04) or the City will obtain informed consent. Any sharing of not public data will be strictly limited to the data necessary or required to comply with the applicable law. F. Contracts When a contract with an outside party requires access to private or confidential information the contracting party will be required to use and disseminate the information consistent with the Act. The City may include in a written contract the language contained in Exhibit 8. H. Penalties The City will utilize the penalties for unlawful access to not public data as provided for in Minnesota Statutes, section 13.09, if necessary. Penalties included suspension, dismissal, or referring the matter to the appropriate prosecutorial authority who may pursue a criminal misdemeanor charge. X. Annual Review and the City Clerk. The City Clerk or their designee shall review the data practices and procedures annually for compliance with the Act. Formatted: Indent: Left: 0", Tab stops: 0.25", Left Formatted: Font: Not Bold Formatted: No bullets or numbering Formatted: Tab stops: 0.25", Left Formatted: Indent: Left: 0", Tab stops: 0.25", Left Formatted: Font: Bold Formatted: Font: Not Bold Formatted: Indent: Left: 0", Tab stops: 0.31", Left Formatted: Font: Not Bold Deleted: <#>¶ When a contract with an outside party requires access to private or confidential information the contracting party will be required to use and disseminate the information consistent with the Act. The City may include in a written contract the language contained in Exhibit 8.¶ Deleted: Director of Finance and Administrative Services Deleted: Director of Finance and Administrative Services 190435v1 11 Deleted: 1¶ ¶ Exhibit 1 LIST OF DESIGNEES The Minnesota Data Practices Act establishes a system for compilation and distribution of data gathered by government agencies. All data collected and maintained by the City of Arden Hills is presumed public and accessible to the public for both inspection and copying, unless classified as Private, Confidential, Non-public, or Protected Non-public in accordance with federal law, state statute or a temporary classification (Minn. Stat. 13.01). The City of Arden Hills has appointed the following positions to administer this policy: City Administrator Director of Finance and Administrative Services Community Development Director Public Works Director Other positions responsible for maintenance of City records are as apparent or assigned. 190435v1 12 Deleted: 1¶ ¶ Exhibit 2 FEES AND CHARGES SEE CITY OF ARDEN HILLS FEE SCHEDULE 190435v1 13 Deleted: 1¶ ¶ Exhibit 3 INFORMED CONSENT OF PRIVATE PERSONNEL DATA UNDER THE MINNESOTA GOVERNMENT DATA PRACTICES ACT I, __________________ authorize a representative of the City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112 to obtain personnel data which is identified below. The specific data covered by this release is personnel data. I understand that the personnel data requested may include data which is classified as private personnel data on me under Minn Stat. 13.43. I understand that by signing this informed consent form, I am authorizing the City of Arden Hills to release this information. I ________________, understand that without my informed consent, the City of Arden Hills could not release personnel data and records which are classified as private under Minn. State 13.43. I authorize my informed consent to permit the City of Arden Hills to make photocopies of the requested data. I place the following restrictions on the use to Arden Hills may make of this data while it is in their custody and control: ____________________________________________________________. This consent expires upon completion of the above stated purpose, or after one year, whichever comes first. However, if the above described purpose is not fulfilled after one year. I may renew this consent. A photocopy of this releases shall have the same authority and meaning as the original. I am giving this consent freely and voluntarily and I understand the consequences of my giving this consent. __________________________________________________ _______________________ Signature Date Exhibit 3 continued 190435v1 14 Deleted: 1¶ ¶ CONSENT TO RELEASE PRIVATE DATA I, __________________________________, authorize the City of Arden Hills ("City") to (print name) release the following private data about me: to the following person or people: The person or people receiving the private data may use it only for the following purpose or purposes: This authorization is dated ___________ and expires on _____________. The expiration cannot exceed one year from the date of the authorization, except in the case of authorizations given in connection with applications for life insurance or noncancelable or guaranteed renewable health insurance and identified as such, two years after the date of the policy. I agree to give up and waive all claims that I might have against the City, its agents and employees for releasing data pursuant to this request. Dated: ________________ __________________________________ Signature IDENTITY VERIFIED BY: Witness: ______________________________ Identification: Driver's License, State ID, Passport, other:_____________________________ Comparison with signature on file Other: _________________________ Responsible Authority/Designee: Deleted: Exhibit 3 continued¶ Deleted: ¶ 190435v1 15 Deleted: 1¶ ¶ Exhibit 4 CITY OF ARDEN HILLS INFORMATION DISCLOSURE REQUEST Minnesota Government Data Practices Act A. Completed by Requestor REQUESTOR NAME (Last, First, M.): DATE OF REQUEST: STREET ADDRESS: PHONE NUMBER: CITY, STATE. ZIP CODE: SIGNATURE: DESCRIPTION OF THE INFORMATION REQUESTED: B. Completed by Department DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: PUBLIC NON-PUBLIC PRIVATE PROTECTED NON-PUBLIC CONFIDENTIAL ACTION: APPROVED APPROVED IN PART (explain below) DENIED (explain below) REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: PHOTOCOPYING CHARGES: NONE ______ Pages x ______________= ____________ Special Rate: ______________ (attach explanation) IDENTITY VERIFIED FOR PRIVATE INFORMATION: IDENTIFICATION: DRIVER’S LICENSE, STATE I.D., etc. COMPARISON WITH SIGNATURE ON FILE PERSONAL KNOWLEDGE OTHER: ________________________________________ AUTHORIZED SIGNATURE: DATE: 190435v1 16 Deleted: 1¶ ¶ Exhibit 5 GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT 1. AUTHORIZATION. City of Arden Hills ("City") hereby authorizes ___________("Authorized Party") access to the following government data: 2. PURPOSE. Access to this government data is limited to the objective of creating summary data for the following purpose: 3. COST. (Check which applies):  The Authorized Party is the person who requested the summary data and agrees to bear the City's costs associated with the preparation of the data which has been determined to be $___.  The Authorized Party has been requested by the City to prepare summary data and will be paid in accordance with attached Exhibit A. 4. SECURITY. The Authorized Party agrees that it and any employees or agents under its control must protect the privacy interests of individual data subjects in accordance with the terms of this Agreement. The Authorized Party agrees to remove all unique personal identifiers which could be used to identify any individual from data classified by state or federal law as not public Which IS Obtained from City records and incorporated into reports, summaries, compilations, articles, or any document or series of documents. Data contained in files, records, microfilm, or other storage media maintained by the City are the City's property and are not to leave the City's custody. The Authorized Party agrees not to make reproductions of any data or remove any data from the site where it is provided, if the data can in any way identify an individual. No data which is not public and which is irrelevant to the purpose stated above will ever be disclosed or communicated to anyone by any means. The Authorized Party warrants that the following named individual(s) will be the only person(s) to participate in the collection of the data described above: 5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use or disclosure of government data collected, used and maintained in the exercise of this 190435v1 17 Deleted: 1¶ ¶ Agreement and classified as not public under state or federal law. The Authorized Party understands that it may be subject to civil or criminal penalties under those laws. The Authorized Party agrees to defend, indemnify, and hold the City, its officers and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from an act or omission of the Authorized Party, its agents, employees or assignees under this Agreement and against all loss by reason of the Authorized Party's failure to fully perform in any respect all obligations under this Agreement. 6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees at all times during the term of this Agreement to maintain insurance covering the Authorized Party's activities under this Agreement. The insurance will cover $1,000,000 per claimant for personal injuries and/or damages and $1,000,000 per occurrence. The policy must cover the indemnification obligation specified above. 7. ACCESS PERIOD. The Authorized Party may have access to the information described above from ________________ to ________________. 8. SURVEY RESULTS. (Check which applies):  If the Authorized Party is the requestor, a copy of all reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be made available to the City in its entirety.  If the Authorized Party is a contractor of the City, all copies of reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be provided to the City. The Authorized Party may retain one copy for its own records but may not disclose it without City permission, except in defense of claims brought against it. AUTHORIZED PARTY: By: __________________________ Date:_______________________ Title (if applicable): _____________ CITY OF ARDEN HILLS By: __________________________ Date: _______________________ Its:____________________ 190435v1 18 Deleted: 1¶ ¶ Exhibit 6 NOTICE TO PERSONS UNDER AGE OF 18 Some of the information you are asked to provide is classified as private under state law. You have the right to request that some of all of the information not be given to one or both of your parents/legal guardians. Please complete the form below if you wish to have information withheld. Your request does not automatically mean that the information will be withheld. State law requires the City to determine if honoring the request would be in your best interest. The City is required to consider: • Whether you are of sufficient age and maturity to explain the reasons and understand the consequences, • Whether denying access may protect you from physical or emotional harm, • Whether there is reasonable grounds to support your reasons, and • Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes § 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize your health. NOTICE GIVEN To: ______________________ DATE: BY:_________________________ ___________________________ (name) (title) REQUEST TO WITHHOLD INFORMATION I request that the following information: Be withheld from: For these reasons: Date: ______________ Print Name:______________________ Signature:____________________________ 190435v1 19 Deleted: 1¶ ¶ Exhibit 7 DATA PRACTICES ADVISORY Some or all of the information that you are asked to provide on the attached form is classified by state law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is:_________________________________ __________________________________________________________________________ You are/are not legally required to provide this information. If you refuse to supply the information, the following may happen: ____________________________________ Other persons or entities who are authorized by law to receive this information are:__________ ____________________________________________________________________________ 190435v1 20 Deleted: 1¶ ¶ Exhibit 8 SAMPLE CONTRACT PROVISION Data Practices Compliance. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the "Act"). Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements of the Act or this contract. Upon termination of this contract. Contractor agrees to return data to the City, as requested by the City. 190435v1 21 Deleted: 1¶ ¶ APPENDIX A PRIVATE AND CONFIDENTIAL DATA MAINTAINED BY CITY 1. Personnel Data (Private) Minn. Stat. §13.43. All data about an individual who is employed as, or an applicant to be, an undercover law enforcement officer. All data on all other individuals who are or were an employee, an applicant for employment, volunteer, independent contractor, or member or applicant for advisory board or commission, except the following which is public: • Name • Actual gross salary • Salary range • Contract fees • Actual gross pension • Value and nature of employer paid fringe benefits • Basis for and amount of added remuneration, including expense reimbursement • Job title • Job description • Education and training background • Previous work experience • Date of first and last employment • The existence and status (but not nature) of any complaints or charges against the employee, whether or not resulting in discipline • Final disposition of any disciplinary action, with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees • Terms of any agreement settling any dispute arising from the employment relationship, including a "buyout" agreement • Work location • Work telephone number • Badge number • Honors and awards received • Payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other non-public data • City and county of residence • Names and home addresses of applicants for appointment to and members of an advisory board or commission. If it is reasonably necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a prepetition screening team in the commitment 190435v1 22 Deleted: 1¶ ¶ process, or (3) a court, law enforcement agency or prosecuting authority. 2. Employment Data (Private) Minn. Stat. §13.43. Data about current and former applicants for employment or appointment to an advisory board or commission, except the following which is public: • Veteran status • Relevant test scores • Rank on eligible list • Job history • Education and training • Work availability • Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviewed by the appointing authority) • Names and addresses of applicants for and members of an advisory board or commission are public. 3. Property Complaint Data (Confidential) Minn. Stat. §13.44. The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. 4. Security Information (Private) Minn. Stat. §13.37. Data which if disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. 5. Absentee Ballots (Private) Minn. Stat. §13.37. Sealed absentee ballots before opening by an election judge. 6. Sealed Bids (Private) Minn. Stat. §13.37. Sealed bids, including the number of bids received, prior to opening. 7. Labor Relations Information (Private) Minn. Stat. §13.37. Management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information collected or create to prepare the management position. 8. Examination Data Minn. Stat. §13.34. Completed versions of personnel and licensing examinations are private, unless the responsible 190435v1 23 Deleted: 1¶ ¶ authority determines that they should be confidential because access would compromise the objectivity, fairness, or integrity of the examination process. 9. Elected Officials Correspondence (Private) Minn. Stat. §13.601. Correspondence between individuals and elected officials, but either may make it public. 10. Benefit Data (Private) Minn. Stat. §13.642. All data about individuals participating in the City's housing rehabilitation program. 11. Civil Investigative Data Minn.Stat. §13.39. Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation is confidential, except that a complainant's statement is private. 12. Appraisal Data (Confidential) Minn. Stat. §13.44 Subd. 3. Appraisals made for the purpose of selling or acquiring land. 13. Recreation Data (Private) Minn.Stat. §13.548. For people enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 14. City Attorney Records Minn.Stat. §13.393. The use, collection, storage, and dissemination of data by the city attorney is governed by statutes, rules, and professional standards concerning discovery. production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney-client privilege is confidential. Data which is the subject of the "work product" privilege is confidential.