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HomeMy WebLinkAbout2017-03-08 CC Packetteryilfe CITY OF CENTERVILLE COUNCIL & SWPPP/MS4 Ms� MEETING q6 Eswffiow Wednesday, March 8, 2017 6:30 p.m. or shortly thereafter Set Agenda COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. PUBLIC INFORMATION MEETING 1. Storm Water Pollution Protection Plan/Municipal Separate Storm Sewer System (SWPPP/MS4) (Pages 1-11) IV. APPOINTMENTS/PRESENTATIONS 1. None. VI. APPROVAL OF AGENDA VII. APPROVAL OF MINUTES 1. February 22, 2017 City Council Meeting Minutes (Pages 12-18) VIII. CONSENT AGENDA 1. City of Centerville February 23, 2017 through March 8, 2017 Claims (Check #30861-30886) (Page 19-20) 2. Centennial Lakes Police Claims through February 23, 2017 (Check #11327-11339) (Page 21) 3. Centennial Fire District Claims through February 27, 2017 (Check #7773-7786) (Page 22) 4. P & R Recommendation for Approval of Special Event Permit – Paddle Board/Canoe/Kayak Race – No One Left Hungry (July 23, 2017) (Paddle de Fete) (Pages 23-35) 5. Centerville Lions Request for Temp. Charitable Gambling – Raffle (April 29, 2017, St. Gen's Community Center Cadillac Dinner) (Pages 36-37) I.X. OLD BUSINESS 1. Discussion on Stormwater Fees (Page 38) b. Ord. #XX, Second Series, 2017 Fees 2. 2017 City Council Focus Goals (Pages 3940) NEW BUSINESS 1. Discussion on Social Media Policy/Records Retention (Pages 4149) 2. Res. #17-OXX — Approving State of MN Joint Powers Agreement w/The City of Centerville on Behalf of its City Attorney & Police Department (Pages 50-58) 3. Court Date Services Subscriber Amendment to CJDN Subscriber Agreement (Pages 59-69) 4. Ruffridge Johnson Equipment Company (Pages 70-74) a. Request for 30 Day Extension b. Soil Conditions 5. Discussion on Flnance Director Position — Proposal from ABDO, Eick & Meyers "Information Will Be Emailed Prior to Meeting" XI. COUNCIL & ADMINISTRATION ANNOUNCEMENTS 1. Administrator Ericson XIl. ADJOURNMENT *REMINDERS** Planning & Zoning Commission Meeting — March 7, 2017, 6:30 p.m. (Council Chambers) Parks & Recreation Committee Meeting — March 1, 2017, 6:30 p.m. (Council Chambers) City Council Meeting — March 22, 2017, 6:30 p.m. (Council Chambers) City Council Meeting — April 12, 2017, 6:30 p.m. (Council Chambers) Shake Your Shamrock 5K, 8K & Kid's 1/3K Walk/Runs — March 11, 2017, Kelly's Korner, 7:00 a.m. — 3:00 p.m. 18t` Annual Well Water Wise Week — May 8, 2017 — May 12, 2017 from 8:00 a.m. —12:00 p.m. (Residents are encouraged to have their private well water tested). Fete des Lacs — July 21, 22 & 23, 2017 PUBLIC NOTICE - INFORMATION MEETING NOTICE IS HEREBY GIVEN that the Centerville City Council invites all interested parties to attend a public informational meeting to be held at its regularly scheduled Council Meeting of Wednesday, March 8, 2017 commencing at 6:30 p.m. or shortly thereafter, in Council Chambers of City Hall, located at 1880 Main Street. The purpose of the meeting is to present and discuss the Storm Water Pollution Prevention Program/MS4 (SWPPP/MS4). Information will be presented and discussed regarding the activities the City has been and will be engaging as a result of implementing the SWPPP/MS4. A copy of the SWPPP/MS4 annual report is available for review at the City Hall. Please submit written comments at the following address: 1880 Main Street, Centerville, MN 55038. A copy of the Municipal Separate Storm Sewer System (MS4) General Permit is also available online at: hgp://www.pca.state.mn.us/publications/wq-strm4-51.0 Please feel free to contact the City (651) 429-3232 if you have any questions or if you need additional information regarding the above stated item. Published in the Quad Community Press on February 7, 2017 Teresa Bender, City Clerk 1 3112017 0; Minnesota Pollution Control Agency Municipal stormwater (MS4) I Minnesota Pollution Cord Agency Municipal stormwater (MS4) Annual report for 2016 now available The MS4 Annual Report for 2016 must be completed and submitted to the MPCA by June 30, 2017. For more information, visit the MS4 Annual Report page. If you have TMDL reporting requirements, please see the Minnesota Stormwater Manual for guidance. Who to contact Having trouble finding who to contact with questions regarding your MS4? Look under the Contacts tab below for a list of MS4 Technical staff and Individual MS4 staff assignments. Overview ii Permit Guidance and BMPs ;f Links !; Contacts Overview According to the 1996 National Water Quality Inventory, stormwater runoff is a leading source of water pollution and can harm surface waters such as lakes, rivers, streams and wetlands. Common pollutants in stormwater runoff include pesticides, fertilizers, oils, metals, pathogens, salt, sediment, litter and other debris. These pollutants are transported via stormwater from a variety of sources including construction projects, industries and urbanized areas. Management of stormwater runoff from urbanized areas is very important for restoring or protecting surface waters. Urbanized areas are associated with activities that contribute pollutants to stormwater runoff, such as application of anti/deicing compounds, vehicle fueling, spills, landscaping and lawn maintenance, and application of pesticides and fertilizers. Additionally, urbanized areas are characterized by large amounts of impervious surfaces, such as streets, driveways, roof tops, parking lots and sidewalks. Stormwater runoff from impervious surfaces travels faster and in larger quantities, which results in damage to rivers, streams and wetlands; destruction of aquatic habitats; and elevated pollutant levels reaching surface waters. Impervious surfaces also inhibit infiltration and subsequent groundwater recharge. Local public entities that own or operate a municipal separate storm sewer system (MS4) in urbanized areas play a key role in preventing or reducing the negative impacts stormwater runoff may have on Minnesota's valuable water resources. What is an MS4 A municipal separate storm sewer system is a conveyance or system of conveyances (roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, storm drains, etc.) that is also: • owned or operated by a public entity (which can include cities, townships, counties, military bases, hospitals, prison complexes, highway departments, universities, etc.) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage districts, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States; • designed or used for collecting or conveying stormwater, • which is not a combined sewer; and • which is not part of a publicly owned treatment works. The MS4 General Permit is designed to reduce the amount of sediment and pollution that enters surface and ground water from storm sewer systems to the maximum extent practicable. Stormwater discharges associated with MS4s are subject to regulation under the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS). Through the MS4 General Permit, the system owner or operator https:/ www.pcastate.mn.L&Wder/municipal-stormwater-ms4 2 12 3/18017 Municipal stormwater (MS4) I Minnesota Pollution Control Agency is required to develop a stormwater pollution prevention program (SWPPP) that incorporates best management practices (BMPs) applicable to their MS4. See the following fact sheet for additional information: • ® MS4 Stormwater Program Overview (wq-strm4-01) What criteria make an MS4 subject to stormwater regulation? Only certain MS4s in Minnesota are subject to stormwater regulation under the Clean Water Act and Minnesota Rule 7090. The MPCA regulates the following: 1. An MS4 located fully or partially within an urbanized area as determined by the latest Decennial Census and owned or operated by a publicly owned entity that has the potential resident capacity, bed count occupancy, or average daily user population of 1,000 or more. 2. The entire jurisdiction of a city or township that is located fully or partially within an urbanized area as determined by the latest Decennial Census and owns or operates an MS4. 3. An MS4 owned or operated by a municipality with a population of 10,000 or more. 4. An MS4 owned or operated by a municipality with a population of at least 5,000 and discharges or has the potential to discharge stormwater to one of the following: a. A water identified as an outstanding resource value water as identified in Minn R. 7050.0180, subparts 3 and 6. b. A water identified as a trout lake or trout stream as identified in Minn. R. 6264.0050, subparts 2 and 4. c. A water listed as impaired under section 303(d) of the Clean Water Act, 33 U.S.C. § 1313. Minnesota state rule (Minn. R. 7090) establishes criteria that can be applied to designate future MS4s under a formal process. MS4s designated through this process are required to obtain a NPDES/SDS stormwater permit. The public can petition the Commissioner of the MPCA for the designation of an MS4 based on the criteria established in Minn. R. 7090.1010 subpart 3. Note: The cities of Minneapolis and St. Paul are Large MS4s (population of 250,000 or more) and received reissued individual NPDES/SDS permits on January 21, 2011. Visit the Stormwater Program Rulemaking Web page for further details. MS4 Mapping Tool MS4 mapping tool:This is an interactive electronic map too( that can be used to view and explore MS4 boundaries, defined urban areas, impaired waters, outstanding resource value waters, trout waters and approved TMDL study areas. Note: This is best viewed with pop-up blockers disabled and screen resolution set to 1024768 or higher. 6A Guidance Document: Use of the MS4 Mapping Tool Impaired waters and TMDLs MS4 Permittees with assigned Waste Load Allocations (WLA) as part of a Total Maximum Daily Load (TMDL) project approved by US EPA prior to the effective date of the latest Permit reissuance must address additional information in their Stormwater Pollution Prevention Program (SWPPP). Permittees must develop a compliance schedule that outlines interim milestones it will achieve during the permit term, strategies for continued implementation beyond the permit term, and target dates to achieve the applicable WLAs. Impaired Waters List Stormwater and Impaired Waters Final TMDLs and Implementation Plans httpsJ/www.pmstele.mn.us/water/muNcipW-stormwaier-ms4 3 ?J2 40, Minnesota Pollution Control Agency MS4 Annual Report for 2016 Repwift period: January 1, 2016 to December 31, 2016 Dae: June 30, 2017 lostructians: Complete this amoral report to Provide a summary of your activities under the 2013 M54 Permit (Permit) between January 1, 2016 and December 31, 2016. MPCA staff may also contact you for additional Information. t1ur : Contact Cole tandgraf (cok.landgraf@stste mn.us, 651-757-2850) or Megan Hardt (megim.handtfstate.nm.us, 6Si-757-2843) MS4 Gen" Contact M(ornailon Pull Name: Title: MaSkrg Address: City: State: Zip Code: Phone: Email: Preparer Contact StPormetitln Pull Name: TNIe: Organization: WOW Address: t2ty: State: Zip Code: Phone: Email: Midwel A Ericson City Administrator 1880 Main Street ST Centerville MN 55038 6514293232 merkson@rentervillem .corn (Jfelii ferenrfrom the MS4Genaal —tact) Teresa Bender aty clerk aty of Centerville 1880 Main Street, ST 6514293232 MN 55038 6514293232 tbmderwentervalemn.com Minnesota Pollution Control Agency MCM 1: Public Education and Outreach The following questions refer to Part 11I.D.1, of the Permit Q2 Did select a stormwater-related issue of high priority to be emphasized during tido Permit term? [Part III.D.La.(1)) No Q3 If Wes' In QT, what is your stormwater-related issue(s)? Chedc all that apply. ® Total Madmum Daily loads (IMDts) Local businesses; Resklentlal best management practices (BMPs) Q4 Have distributed educational materials or equivalent outreach to the public focused on illicit disdrarge recognition and reporting? (Part IO.D.1.a.(2)) Yes Cts Do you have an Implementation plan as required by the Permit? (Part III.D.1.b.1 Yes Q6 How did you distribute educational materials or equivalent outreach? [Part III.D.1.a.] Check all that apply in the tame below. 47 For the Items drecked in Q6 below, who Is theinteded audence? Okrck all that applyln Me tcblebelow. For the items checked in 06 below, enter the total dreulation1budlence in the table below (if unknown, use best estimate). For Q9 and QSO below, Provide a brief description of each activity related to public education and outreach (e;. rain garden workshop, school Presentation, public works open house) held and the date each activity was held from January 1, 2016 to December 31, 2016. (Part III.D.Lc.14)) Q9 Q10 Q11 Between January 1, 2016 and December 31, 2016, did you modify your BMPs, measurable goals, or future Plant for your public education and outreach program? [Part N.B.] Minnesota Pollution Control Agency MCM 2: Public Participation/involvement The following question, refer to Part NMI.& of the Permit Q32 You must provide a minimum of are opportunity each year for the public to provide input on the adequacy of your Stormwata Pollution Prevention Propam (SWPPP). Did you Provide this opportunity between January 1, 2016 and December 31, 2016? [Part IN.D.2.a.(1)] Yes . ©a©a©©i•�; i•if � �iei•i•i•i•■i_i•�i•i•�i• i•i• i•i•i•iiifii•i•�iti_it�i_i_ i_ i_i•i•��i_�� © ©©�it■i_i•fii•i•�ii• i_ For Q9 and QSO below, Provide a brief description of each activity related to public education and outreach (e;. rain garden workshop, school Presentation, public works open house) held and the date each activity was held from January 1, 2016 to December 31, 2016. (Part III.D.Lc.14)) Q9 Q10 Q11 Between January 1, 2016 and December 31, 2016, did you modify your BMPs, measurable goals, or future Plant for your public education and outreach program? [Part N.B.] Minnesota Pollution Control Agency MCM 2: Public Participation/involvement The following question, refer to Part NMI.& of the Permit Q32 You must provide a minimum of are opportunity each year for the public to provide input on the adequacy of your Stormwata Pollution Prevention Propam (SWPPP). Did you Provide this opportunity between January 1, 2016 and December 31, 2016? [Part IN.D.2.a.(1)] Yes Q23 f'Yes' In CIA what was the opportunity that you provided? Check all that apply. ®Public event meeting Public eventt Other Q14 f'Public meef ' in Q33, did you hold a standalone meeting or combine B with another event? Combined Enter the date of the public meeting: 3/23/2D16 Enter the number of citizens that attended and were Informed about your SWPPP: 0 Q35 f'Pubft Evans' In Q13, Describe: Q15 Enter the data of the public event- Enter ventEnter the number of citizens that attended and were Wormed about your SWPPP: Q16 If 'Other' In 413 Describe: Enter the date of the'other' event: Enter the number of citizens that attended and were informed about your SWPPP: 417 Between January 1, 2016 and December 31, 2016, rid you receive any input regarding your SWPPP? No K'Yes: enter the total number of individuals or organizations that provided comments on your SWPPP: Q16 f'Yes' M 017, did you modify your SWPPP as a result of written Input received? (Part III.0.2.h]2)] if Nes ' desaibe those modiiatiom: 039 Between January 1, 2616 and December 31, 2016, did you modify your BMPs, measurable goals, or future plans for your public education and outreach program? (Part IV.&] 011D. Minnesota Pollution Control Agency MOM 3: illicit Discharge Detection and Elimination The following questions refer to Part ii.D.3. of the Permit. 420 Do you have a regulatory mechanism which prohibits rron-ctormwater discharges to your MS4? Yes Q21 Did ou Identify any Olidt discharges between January 1, 2016 and December 31, 2016? [Part III.D.3.h.(4)] No 022 If'YQ enter the number of Illicit dhdnarges detected: 0,23 f'Yes' in Q21, crow did you discover these illicit discharges? check all that apply. Public complaint Stag Q24 f'Pu^bla compkint' in Q23, enter the number discovered by the pubic. `—J Q2,9 f Y ' In Q1% enter the number discovered by stiff: G1 Q26 ff'Wln= did any of the discovered Ulidt discharges mutt in an enforcement action (this Includes vedal warnings)? 0.27 If'Yes' In 0.26, what type of enforcement action(s) was taken and how many of each action were issued between January 1, 2016 and December 31, 20167 Check all that apply. �Verbelwmnkhg rr�Nr----umbe��rr bsue��d: Noticeof vkhlation da=m: L Q28 If'yas' in Q26, did the enforcement action(s) taken suffidmtly address the illicit discharge(s)? Q29 If'No' in 0,78, why was the enforcement not sufficient to address the illicit dl s ? 0130 Do ou have written Enforcement Response Procedures (ERPs) to compel compliance with your Illicit discharge regulatory mechanism(s)? (Part III.B.) Yes Q31 Between January 1, 2016 and December 31, 2016, did you train all field staff in Rgdt discharge recognition (mdudkng comOdora which could cause illicit discharges) mai reporting Illicit discharges for further Investigations? (Part ULD.3x.) res Q32 ff'Yes' ip 431, how did you train your field staff? Check aft that appy. describe: I Information provided by Contracted Engineer The following questions refer to Part gi.C1. of the Permit Q33 Did = uEdide your storm sewer system map between January 1, 2016 and December 31, 20167 (Part III.CL) No 434 Does r storm sewer map include all pipes 12 inches or greater In diameter and the direction of stormwater flow In those pipes? (Part III.Cl.a.] Yes 01" Does VOW storm sewer map include outfalls, including a unique hknURcatton (10) number and an associated geographic coordinate? (Part III.Cl.b.] Yes 436 Does your storm sma er map include all structural stonnwater BMPs that are part of your MSR [Part IR.CS.tj Yes 497Doas storm sewer map Include all receiving waters? (Part ULCIA] Yes an In what format is your storm sewer map available? describe: 039 Between January 1, 2016 and December 31, 2016, dM you modify your BMPs, measurable goals, or future pians for your Bildt discharge detection and elimination (IDDE) program? (Part N a.) LI LMinnesota Pollution Control Agency MCM 4: Construction Site Stormwater Runoff Control The following questions refer to Part IILD.4. of the Permit. 040 Do you have a regulatory mechanism that is at least as stringent as the Agency's general Permit to Discharge Stormwater Associated with Construction Activity (CSW Permit) No. MN R1o00D1(htt V/www.pca.state.mmusAndex.php/viewrdocumem_htmi?gid=18984) for erosion and sediment controls and waste controls? [Part III.D.4.8] res `A Q41 Hayti you developedwrnten procedures for site plan reviews as required bythe Permit? iPart Nt.D.4.b.) Yes Q42 Haveyou documented each site Plan review as required by the Permit? [Part OLDA.f] Yes Q43 Enter number of site pian reviews conducted for sites an acre or greater between January 1, 2016 and December 31, 2016: 0 Q44 What types of enforcement actions do you have available to compel compliance With your regulatory mechanism? Check an that apply and enter the number of each used from January 1, 2016 to December 31, 2016. Organization City of Centerville - entervillePhone(Offkx) Number issued: 651-4294750 Phone (Work Cell) rwarnNgNotice Email gburmelsterftentervillemn.com Preferred contact method of violation f�-IAdftop-work 0minin Orprization istrative order 0 Phone (Work tell) order 0 ting of certificate of occupancy action Q4S Do you have Witten Enforcement Response Procedures (ERPs) to compel compliance with your construction site stormwater runoff control regulatory mechanisms? PartnLB. Vea Q46 Enter the. number of active construction dies an acre or greater that were In your jurisdiction between January 1, 2016 and December 31, 2016: 0 Q47written procedures for Identifying priority sites for Inspections? (Part III.D.4.d.(1)) No Q48 I1'Yes'M_447, how are sites prioritized for inspections? Check an that apply. chl"Utedstics as of receiving waters) le of construction Q49 Do.m.have a checklist or other written means to document site inspections when determining compliance? (Part IO.D.4.d.(4)1 No Q50 Enter the number of site Inspections conducted for sites an acre or greater between January 1, 2016 and December 31, 2016: 0 Q51 Enter the fteQuew at which site inspections are oonduded e.. dais monthly): Part III.D.4.d. 2 N/A Q52 Enter of trained Inspectors; that were available for construction cite inspections between January 1, 2016 and December 31, 2016: 1 Q53 Provide the contact information for the inspector(s) and/or organization that conducts construction stormwater Inspections for your M94. Nst your primary construction stormwater contact first if you have multiple Inspectors. 1 Inspector Name Greg Burmeister Organization City of Centerville - entervillePhone(Offkx) Phone (Office) 651-4294750 Phone (Work Cell) 651-563-1634 Email gburmelsterftentervillemn.com Preferred contact method Cell 2 Inspector Name Orprization Phone (Office) Phone (Work tell) Email Proferred contact method 3 Inspector Name Organization Phone (Office) Phone (Work Cell) Email Preferred contact method L154 What did inspectors reeelve? Check all that apply. X University, of M6mesots Erosion and Stormwater Management Certification Program Qualified Compliance Inspector of Stormwater (QW) Minnesota Laborers Training Center Stomrwater PoSufion Prew ration Plan Installer or Supervisor Minnesota Utility Contractors Assocatlon Erosion Control Training Certified Professional M Erosion and Sediment Control (CPESC) Certified Professional in Rormwater Quality (CPSWQ) Certified Erosion Sediment and Storm Water Inspector (CESSWI) describe: I I QSS Between January 1, 2016 and December 31, 2016, did you modify your BMPs, measurable goals, or future plans for your con ttrudbn site stormwater runoff control program? [Part N.B.) Lill Minnesota Pollution Control Agency MCM 5: Post -Construction Stormwater Management The folbwing questions refer to Part III.D.S. of the Permit Q% Do have a regulatory mechanism which meets all requirements as spedfled in Part NLDS.a of the Permit? Yes Q57 What approach are you uslnto meet the performance standard for Volume, Total Suspaded Solids (TSS), and Total Phosphorus (TP) as required by the Permit? (Part III.D.W 41 Check all that apply. a runoff volume, equal to one Inch times the ares of the proposed increase of Impervious surface ori -site the post -construction runoff volume on site for the 95th percentile storm the predevetopmem runoff conditions the Minimal Impact Design Standards (MIDS) roach has not been selected QSS Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your post -construction stormwatermanagement regulatory machankin(s)? (Part IILILI Yes Q59 Between January 1, 2016 and December 31, 2016, did you modify your BMP%, measurable Soak, or future pians for your post-construdbn site stormwater management program? [Part IV.B.J wl,1 Minnesota Pollution Control Agency MCM 6: Pollution Prevention/Good Housekeeping for Municipal Operations The following questions refer to Part fit.0.6. of the Penr& Q60 Enter the total number of structural stormwater BMPs outfalls (axduding underground outfalls), and ponds within your MS4 (exclude privately owned). Structural stomnvoterSMPs 1 040s 33 Ponds 1 95 Q61 Enter the number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds that were Inspected from January 1, 2016 to December 31, 2016 within your MS4 (exclude privately owned). (Part III.D.6.e.) StructuralstormwsterBMPs 1 Outfalls 30 Ponds 33 Q62 Have you developed an ahemative inspection frequency for any structural stormwater BMP%, as allowed In Part IILD.6.e.(1) of the Permit? Yes Q63 Based on inspection findings, did you conduct any maintenance on any structural stormwater BMPs? [Pert 111.O.6.e.(1)] No Q64 if'Yes: briefly describe the maintenance that was conducted: 463 Do you own or operate any stod*fies, and/or storage and material handling areas? {Part 111.O.6.e.(3)) No Q66 if'Y� , did you Inspect all stockpiles and storage and material handling areas quarterly? (Part 11I.D.6.e.0)) 467 if'YaQ' in 0166, based on inspection findings, did you conduct maintenance at any of the stockpiles and/or storage and material handling areas? Q68 if'Ya' In Q67, briefly describe the maintenance that was conducted_ Q69 Between January 1, 2016 and December 31, 2016, did you modify your BMP%, measurable goals, orfuture plans for your pollution prevention/good housekeeping for municipal operations program? (Part 111.8.1 Wles, describe those modifications: No iftMinnesota Pollution w Control Agency Discharges to Impaired Waters with a USEPA Approved TMDL that Includes an applicable WLA If requlred, you must complete the TMDLAnnual Report form, available at: tv4l/stomwatm.pmstate.mn.us/kWu.php/UooW_Me._wML.TMDLfonm Attach your completed TMDL Annual Report Form to this Annual Report as instructed below. [PartHI.E) Q71 Successfully uploaded file: I 7MDL form not required for Can terAle City MS4. '~tom Minnesota Pollution Control Agency Alum or Ferric Chloride Phosphorus Treatment Systems The following questions refer to part III.F.3.a. of the Permit Provide the information below as R pertains to your alum or ferric chloride phosphorus treatment system. Ahem.11. JC Chloride Yhoaphonu Treatment Systems'—don notregndred for CtatervBk My 654. Q72 Dates) of operation (mm/dd/yyyy -mm/dd/yyyy) January February March April May June Judy August September October November December January February March April May June July August September October November December Q73 Q74 475 Q76 Gall" of alum orferric chloride Calculated pounds of phosphorus 10 Q77 .� Minnesota Pollution Control Agency Partnerships Q78 Did you rely on any other regulated MS4s to satisfy one or more Permit requiremems7 res Q79 f'Yes' in Q78, describe the ailtreerrents you have with otherregulated MS4s and which Permit requirements the other mated Mc4s helpsatisfy Rice Geek Watershed District Minnesota Pollution Control Agency Additional Information (Part W.B.&) N you would like to provide any, additional fila to accomparry your annual report, use the space below to upload those files. for each spare, you may attach one file. You may Provide additional eapfanation and/or information In an email with the subject YourMS41ilametlere 2016AR to msispermkpragram.pa@stm.mn.us. QIID Successfully uploaded file: No fBe attached. Q81 Successfully uploaded file: I Nolgeattoched. Q82 Successfully uploaded ilk: I Nof0e atrashed. Q03 Minnesota Pollution Control Agency Owner of Operator Certification The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 Annual Report. This person must be duty authorized and should be either a principal eaeartive (i.e., Director of Public Works, City Administrator) or ranking elected official (i.e., Mayor, Township supervisor). I certify under penalty of law that this document and a0 attachments were prepared under my direction or supervision in accordance with a system designed to assure that qudiRed personnel properly gathered and evaluated the Information submitted. Based on my Inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best at my knowleelige and belid, true, accurate, and complete (Minn. R 700L0070). i am aware that there are significant penalties for submRtkig false Information, including thepoasibliRy of fine and fmonm prlserd (Minn. R. 7001.0540). % Ya By typing my name In the following box, I certify the above statements to be true and corned, to the best of my borAedge, and that information can be used for the purpose of processing my MS4 Annual Report. Name: Mldnd A. Erkson .: City Administrator Date, 17/2017 11 CITY OF CENTERVILLE CITY COUNCIL MEETING MINUTES February 22, 2017 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of February 22, 2017 at City Hall, 1880 Main Street. PRESENT: Mayor Jeff Parr Council Member Russ Koski Council Member Steve King Council Member Matt Montain ABSENT: Council Member D. Love STAFF: City Engineer Mark Statz City Attorney Kurt Glaser City Administrator Mike Ericson COUNCIL MEETING I. CALL TO ORDER Mayor called to order 6:30 p.m. II. PLEDGE OF ALLEGIANCE A moment of silence was observed for the Grahek family due to the recent death of their son William A. Grahek. III. PUBLIC HEARING 1. Special Assessments — 2017 Mill & Overlay Project Engineer Statz provided a summary of the project. MN State statute 429 outlines the Special Assessment process, proposed assessments to benefiting properties, interest rate and timeframe for the assessment if placed on property taxes. He explained that based on MNDot, the effectiveness of a thin mill and overlay extends the life expectancy of the roadway by 15 years. However, its cost is double that of a standard seal coating with a life expectancy of 5-10 years. He stated that the Council is seeking input from the public regarding the proposed assessment amount. He explained that by law, special assessments increase the value of the home and the City can assess that value increase or a portion thereof. He stated that Staff feels that the proposed assessment amount will pass the benefit test. Mrs. Gillian Kubitschek 6871 Beaver Pond Way, questioned whether the street in front of her home would be a part of the project. [IPA City of Centerville Council Meeting Minutes February 22, 2017 Engineer Statz stated that yes the proposed project fronts her home and met the benefit test. He stated that the costs to be assessed to benefiting homeowners was slightly less than 25% of the project excluding the trail work. Mr. Jim Kaufer, 6857 Beaver Pond Way, stated that the depth of manholes/gate valves is incorrect and may cause problems for vehicle traffic. He questioned whether the contractor should be held to a standard for the project. Engineer Statz stated that with soils in Centerville it is difficult to judge heaving and at times heaving may be experienced up to 4". He also stated that if these manholes/gate valves are higher they will be hit with the snowplow damaging that equipment and the roadway. Mr. Kaufer stated that he was referring to two (2) that were located on Beaver Pond Way from Centerville Road. Staff stated that they would inspect these areas to determine whether repair was needed. Lengthy discussion ensued regarding project oversite by City Staff, contractor liability for two (2) years and the necessity of these items being no more than V2" lower than pavement. Mr. Josh Kubitscheck, 6871 Beaver Pond Way, questioned how the costs to benefiting property owners were determined. Engineer Statz stated that the costs would be 20-25% of the total project excluding trails. He stated that the Mill & Overlay projects began four (4) years ago with a small amount to benefiting property owners. Engineer Statz also stated that the costs have risen yearly and when the Street Improvement Projects began the cost was $500/benefiting property owner and now it is proposed to be $550. Mayor Paar stated that many residents disliked previous sealcoatings due to the pea size rocks and with this type of improvement adding years to the roadway base and visual appearance is well worth the minimal fee. He stated that Council's goal is to complete all roadways in town, budget funds annually for routine maintenance and residents will not be charged for similar projects in the future. Council Member King desired to inform residents that a mill and overlay was less expensive than a total reconstruct in costs alone and did not requirement mandated raingardens which increased costs. Ms. Diane LeTendre, 1397 Mound Trail, questioned when the work would be completed. She reminded Council of Garage Sale Days and residents along her street that are mandated to connect to municipal services by the end of 2017. Engineer Statz stated that late in this meeting Council would be considering awarding the project and a meeting with the contractor would be scheduled to discuss a completion date. Engineer Statz stated that from start to finish would be determined by the amount of curb and gutter work needed, however, this should not take as long as it has on past projects. He stated that generally one day will be milling and several days in between then the overlay, weather depending. Mayor Paar stated that Garage Sale Days and municipal connections should be taken into consideration with this project and that he would like to have a work session to discussion the water connection deadlines. City Attorney Glaser stated that if any property owner objected to this evening assessment they had an opportunity to appeal by preserving their rights in writing and file it with the City this evening or within 10 days of the meeting and 30 days with the County. He also stated that in some incidents individuals can qualify for deferment (active military, 65 years of age, disabled, etc.). He did state that interest during this deferment continues and if individuals are interested to contact City Hall for more information. Page 2 of 7 13 City of Centerville Council Meeting Minutes February 22, 2017 Motion made by Council Member Koski, seconded by Council Member King to Close the Public Hearing at 7:07 p.m. All in favor. Motion carried. IV. APPOINTMENTS/PRESENTATION 1. Mr. David Kichler, Electrical Inspector — Recommendation for Replacement (Mr. Brian Nelson) Electrical Inspector Dave Kichler introduced himself to Council and stated that he has been with the City for 15 years. He stated that over the past few years he has been plagued with back issues and has recently learned that he has been advised not to continue employment and will need back surgery. He also stated that he has worked closely with Mr. Brian Nelson for 11 years and he has filled in for him while he has been out or on vacation. Mr. Kichler recommended him as his replacement commencing July 1, 2017 or sooner, health dependent. Lengthy discussion took place regarding fees, solar fees pending approval, continuing education, standard contract for services, International Building Code, National Electrical Code, State electrical standards. Motion by Council Member Montain, seconded by Council Member Koski to Appoint Mr. Brian Nelson as Electrical Inspector Effective July 1. 2017 unless needed sooner. All in favor Motion carried. V. APPROVAL OF AGENDA Mayor Paar added Mr. Dave Kichler, Electrical Inspector — Recommendation for Mr. Brian Nelson (Pages 5a -5g) Under Appointments and (Page 80a -80b) Under New Business Item #4, 2017 MCMA Internship Program & Hiring of Administrative Intern. Motion by Council Member Koski, seconded by Council Member King, to approve the Agenda with the Above Noted Additions. All in favor. Motion carried. VI. APPROVAL OF THE MINUTES 1. February 8, 2017 City Council Meeting Minutes Mayor Paar provided Council with an opportunity to make modifications. Motion by Council Member Montain, seconded by Council Member King, to approve the February 8, 2017 City Council Meeting Minutes as presented. Motion carried. VIII. CONSENT AGENDA 1. City of Centerville February 9, 2017 through February 22, 2017 Claims (Check #30847- 30860) Page 3 of 7 14 City of Centerville Council Meeting Minutes February 22, 2017 2. Centennial Lakes Police Claims through February 14, 2017 (Check #11298-11326) 3. Centennial Fire District Claims through February 8, 2017 (Check #7760-7772) w/Payroll Check #7761-7764 & Voided Check #7765 4. Approve Advertising for Summer Seasonal P.W. Employees 5. Proclamation — A Day of Action to End Domestic Violence, March 7, 2017 Mayor Paar provided an opportunity for Council Members to add additional items or remove items for further discussion. Motion by Council Member King, seconded by Council Member Montain to approve the Consent Agenda as Presented. All in favor. Motion carried. IX. OLD BUSINESS 1. None. X. NEW BUSINESS 1. Res. #17-006 — Adopting Special Assessment Roll — 2017 Mill & Overlay Project Engineer Statz stated that if Council desired to move forward it would be appropriate to adopt the presented assessment roll and consider New Business, Item #2. Discussion ensued regarding warrantee work and a two (2) year contract guarantee, City liability, manhole/gate valve depth inspections, and good workmanship, etc. Motion by Council Member Koski, seconded by Council Member King to Adopt Res. #17-006 — Adoptine Special Assessment Roll — 2017 Mill & Overlay Project. All in favor. Motion carried. 2. Res. #17-007 — Accepting Bids & Awarding Contract — 2017 Mill & Overlay Project Engineer Statz stated that by adopting this resolution, the Council would be formally awarding the contract to the lowest bidder, Valley Paving - $194,463. He stated that he felt with the seven (7) bids received from qualified contractors they were within guidelines and slightly under the Engineer's estimates. Administrator Ericson stated that Council and Staff have been proactive in obtaining bids early in the year gaining benefit in securing a contractor prior to the construction year which is good fiscal management. Discussion ensued regarding Line Item #18 of the bids and the cost differential between bidders. Enginner Statz stated that the cost of a street sweeper was built in within the bid from Valley Paving, Inc. and that this is not particularly a good bidding procedure. However, he felt that the contractor would provide adequate services to the City with the contract. Motion by Council Member Montain, seconded by Council Member Koski to Adopt Res. #17- 007 — Accepting Bids & Awarding Contract — 2017 Mill & Overlay Project to Valley Paving - $194,663. All in favor. Motion carried. Page 4 of 7 City of Centerville Council Meeting Minutes February 22, 2017 3. Centennial Lakes Police Department a. Sergeant Labor Agreement (Jan. 1, 2017 -December 31, 2019) b. Patrol Labor Agreement (Jan. 1, 2017 -December 31, 2019) Administrator Ericson stated that the Centennial Lake Police Department Governing Board had approved the presented labor agreements with the Sergeants and Patrol Officers. The Board was pleased with the negotiations from prior years. He noted that increases were made in single health insurance to $1,080 and salary increases of 3%, 2.75% and 2.5% over the three (3) year contract period. Discussion ensued regarding where and who were present for negotiations and the Chief, labor attorney, business agent, union steward(s) and City Administrators were present and the meetings took place at Centennial Lakes Police Department offices. Mayor Paar stated that all involved felt good about the negotiations, have confidence in the Department and feel that morale is high. Administrator Ericson stated that the Department finished the year $24,000 under budget. Lengthy discussion ensued regarding market increases in wages, negotiations and comparisons with other communities, retaining good staff, cost of training new officers and time involved since public safety expenditures are 53% of the City's budget and no action was needed by Council as th amounts are included in the annual budget. 4. 2017 MCMA Internship Program & Hiring of administrative Intern Administrator Ericson stated that hiring of an intern has been included in Council's goals for 2016 and 2017. The City previously applied to the Minnesota City/County Management Association for a grant and was unsuccessful. He stated that the City was successful with an application TO MCMA for a matching grant of $3,500 which he anticipated would fund a three (3) to six (6) month internship. He reported that Mr. Charles Roberts is a graduate of Winona State University and has interned in Chisago County. Administrator Ericson stated that with the 2017 City Council Focus Goals staff could use assistance. Mr. Roberts would be providing reports to Council along with himself. He also stated that Mr. Roberts would receive $10/hour, it would not exceed $10,000 and the Finance Director's endorsement for budget allocation for position. Discussion ensued regarding Council's ability to interview candidates, recommendation to provide Staff with an opportunity to meet Mr. Roberts prior to starting date. Administrator Ericson stated that Mr. Roberts was available to commence the internship on Monday. Motion by Council Member Koski, seconded by Council Member King to Approve the Asreement with MCMA & Hirinp. of Charles Roberts as Presented. Motion carried. 5. US Army — Training NCO Page 5 of 7 16 City of Centerville Council Meeting Minutes February 22, 2017 Administrator Ericson stated that the previous Mayor had been contacted several months ago by the US Army to meet with a Civil Affairs unit who will be deployed next year and will work with civilians and local government officials regarding public administration, public safety and public services that they can offer to their constituents. He stated that he has scheduled this meeting for March 4, 2017 and if any member of Council is interested in participating to attend. Administrator Ericson stated that the meeting would be taking place in Council Chambers at 1:00 p.m. This meeting was noticed for potential for quorum of Council on February 28, 2017. X1. COUNCIL & ADMINISTRATION ANNOUNCEMENT 1. Administrator Ericson a. North Metro Telecom. Commission — 2016 Franchise Fees Administrator Ericson reported that the City had received the 2016 Franchise Fees from North Metro Telecommunication Commission in the amount of $11,874.28 which included fees from CenturyLink as well as Comcast. Administrator Ericson stated that he presented Council with a Draft 2017 City Council Focus Goals and On- Going Priorities which should be reviewed prior to the second meeting in March as a work session is to be scheduled to discuss them. Council Member Montain requested that Dropbox contain a version of these. A copy of the Draft 2017 City Council Focus Goals and On -Going Priorities was provided to Council Members via Dropbox on February 28, 201 7per their request. Council Member King stated that North Metro Telecommunication Commission's lawyer is addressing right of way issues with telecommunication companies regarding mini -towers and no additional franchise fees which would undercut the City's ability to have agreements for their watertower usage. City Attorney Glaser stated that it a rather large issue and their attorney is being aggressive regarding the matter. Council Member Koski stated that he had attending the Lions Lynn Johnson Memorial Ice Fishing Contest over the weekend and the weather was excellent. It appeared that participants were enjoying themselves and he thanked the Lions for sponsoring such a well- organized event. Council Member Montain stated that he felt that the Alexandra House was a wonderful community partner and provided a much needed service to residents. Mayor Paar stated that he was unable to attend the Lions Fishing Contest but glad to hear that there was a good turnout. He reminded the audience of the upcoming Shake Your Shamrock Run Event scheduled for March 11, 2017 sponsored by Kelly's Korner. He requested that the City's web site provide a link to those interested. Page 6 of 7 17 City of Centerville Council Meeting Minutes February 22, 2017 Shake Your Shamrock Registration link provided on web site February 28, 2017. Mayor Paar reported on the Centennial Lakes Police Governing Board Meeting that took place recently by stating that Officer Nolan Walberg was sworn in, Officer John Krueger received the Meritorious Conduct Award for a recent incident, Officer Karim received a Life Saver Award along with EMTs and Sergeant Jacobsen. He stated that the Department would be purchasing body cameras and will schedule a public hearing to obtain input from residents prior to putting them into service. Discussion ensued regarding the following of the League of MN Cities Best Practices in regards to body cameras. He also stated that the Governing Board discussed an alert system similar to the City of Blaine's that would alert residents of water contamination, weather, school closings, etc. Mayor Paar stated that he has attended several meetings with Centennial School District staff, Legislators and other regarding an equitable funding system for those communities that are business poor and feels that continued work will be needed in this area but all individuals involved are passionate about ensuring equitability. Mayor Paar stated that Council received a thank you note from Stepping Stone for a City donation of $450 and described how the funding assisted a client in making strides for self - efficiency. Mayor Paar felt that Stepping Stone was a very well run organization and helpful to those that utilized their services. Mayor Paar, on behalf of the Centerville City Council, passed along their condolences to the Grahek family for the loss of their son William. X11. ADJOURNMENT Motion by Council Member Montain, seconded by Council Member Koski to Adjourn the Council Meeting of February 22, 2017 at 8:30 p.m. All in favor. Motion carried. Respectfully submitted by Teresa Bender, City Clerk Page 7 of 7 18 CITY OF CENTERVILLE Check Detail - March 8, 2017 03/03/17 10:18 AM Page 1 3/8/2017 Check Date Check # Vender Name Comments Amount 030868 2/27/2017 030861 COMCAST HIGH SPEED INTERNET 030868 Check Nbr 030861 COMCAST $9.95 3/8/2017 030868 $37.92 M. ERICSON SEMINAR 2/27/2017 030862 DELTA DENTAL 2017 MARCH DENTAL BILL BUILDING FASTNERS - FIRE DEPARTMENT Check Nbr 030862 DELTA DENTAL CITY OF CENTERVILLE - MASTERCA SHOP SUPPLIES $460.25 3/8/2017 2/27/2017 030863 SUN LIFE INSURANCE COMPANY DISABILITY INSURANCE - MARCH 2017 $155.18 030868 2/27/2017 030863 SUN LIFE INSURANCE COMPANY LIFE INSURANCE - MARCH 2017 $56.10 Check Nbr 030863 SUN LIFE INSURANCE COMPANY $1.069.57 $211.28 STREET LIGHTS - 395653-219699 - SERV THRU 2-20-17 2/27/2017 030864 VERIZION WIRELESS CELL PHONE SERVICE THRU 2-9-17 $53.10 6900 -20TH AVE - LIFT STATION - SERV THRU 2-16-17 2/27/2017 030864 VERI2ION WIRELESS CELL PHONE SERVICE THRU 2-9-17 $53.10 7100 20TH AVE - TRAF SG - SERV THRU 2-21-17 2/27/2017 030864 VERIZION WIRELESS CELL PHONE SERVICE THRU 2-9-17 $159.30 2085 W CEDAR ST - SERV THRU 2-16-17 2/27/2017 030864 VERIZION WIRELESS CELL PHONE SERVICE THRU 2-9-17 $53.10 Check Nbr 030864 VERIZION WIRELESS 3/8/2017 $318.60 FERGUSON WATERWORKS 3/8/2017 030865 BANYON DATA SYSTEMS INC PAY SUPPORT & FUND SUPPORT WATERWORKS Check Nbr 030865 BANYON DATA SYSTEMS INC $1.590.00 030872 3/8/2017 030866 BRYAN ROCK PRODUCTS, INC. REPLACEMENT CK - ROCK FOR BALLFIELDS AT LAMOTTE Nbr 030872 GREEN Check Nbr 030866 BRYAN ROCK PRODUCTS INC $3.807.60 Check 3/8/2017 Nbr 030867 CENTENNIAL 030867 LAKES CENTENNIAL LAKES POLICE DEPT POLICE DEPT POLICE SERVICES - MARCH 2017 $72.929.50 3/8/2017 030868 CITY OF CENTERVILLE - MASTERCA FUEL $399.83 3/8/2017 030868 CITY OF CENTERVILLE - MASTERCA ROUTER $117.82 3/8/2017 030868 CITY OF CENTERVILLE - MASTERCA ENDICA - POSTAGE METER FEES $9.95 3/8/2017 030868 CITY OF CENTERVILLE - MASTERCA M. ERICSON SEMINAR $58.00 3/8/2017 030868 CITY OF CENTERVILLE - MASTERCA BUILDING FASTNERS - FIRE DEPARTMENT $18.12 3/8/2017 030868 CITY OF CENTERVILLE - MASTERCA SHOP SUPPLIES $96.56 3/8/2017 030868 CITY OF CENTERVILLE - MASTERCA P. PALZER MN RURAL WATER CONFERENCE $230.00 3/8/2017 030868 CITY OF CENTERVILLE- MASTERCA FUEL $139_29 -r 030868 CITY OF CENTERVILLE - MASTERCA 3/8/2017 $1.069.57 3/8/2017 030875 INTERNATIONAL UNION OF OPERATI UNION DUES - MARCH 2017 Check Nbr 030875 INTERNATIONAL UNION OF OPE ATI $102 QO 3/8/2017 030876 JIM - JULE JARA 1858 MAIN ST - REFUND OVER PYMT ON FINAL UTILITY BILL Check Nbr 030876 JIM - JULE JARA $67.79 3/8/2017 030877 KATHLEEN LATTU REFUND OVER PAID FINAL UTILITY BILL - 7246 MAIN STREET Check Nbr 030877 KATHLEEN LATTU $155.68 3/8/2017 030878 KENNETH A. TOLZMANN, SAMA 1ST QTR 2018 PAYABLE 2019 PROPERT TAX 3/8/2017 030879 LEAGUE OF MN CITIES M. ERICSON - LEGISLATIVE CONFERNCE - 3-23-17 3/8/2017 030880 MAMA M. ERICSON - 2-14-17 MEETING Check Nbr 030880 MAMA $30.00 3/8/2017 030881 MIRANDA CHRISTIANSONZANEL 2032 WILLOW CIRCLE - REFUND OVER PYMT ON FINAL Check Nbr 030881 MIRANDA CHRISTIANSONZANEL $27.51 19 3/8/2017 030869 CITY OF CIRCLE PINES MARCH 2017 - POLICE BLDG PYMT $340.20 3/8/2017 030869 CITY OF CIRCLE PINES MARCH 2017 - POLICE BLDG PYMT $5,416.67 Check Nbr 030869 CITY OF CIRCLE PINES $5.756.87 3/8/2017 030870 CONNEXUS ENERGY STREET LIGHTS - 395653-219678 - SERV THRU 2-20-17 $51.64 3/8/2017 030870 CONNEXUS ENERGY 6800 -20TH - SCADA - SERV THRU 2-16-17 $14.13 3/8/2017 030870 CONNEXUS ENERGY 7087 20TH AVE S - WATER TOWER - SERV THRU 2-16-17 $125.21 3/8/2017 030870 CONNEXUS ENERGY 6800 -20TH - SCADA - SERV THRU 2-16-17 $14.13 3/8/2017 030870 CONNEXUS ENERGY STREET LIGHTS - 395653-219699 - SERV THRU 2-20-17 $63.71 3/8/2017 030870 CONNEXUS ENERGY 6900 -20TH AVE - LIFT STATION - SERV THRU 2-16-17 $76.07 3/8/2017 030870 CONNEXUS ENERGY 7100 20TH AVE - TRAF SG - SERV THRU 2-21-17 $78.43 3/8/2017 030870 CONNEXUS ENERGY 2085 W CEDAR ST - SERV THRU 2-16-17 $327_63 Check Nbr 030870 CONNEXUS ENERGY $750.95 3/8/2017 030871 FERGUSON WATERWORKS HYDRANT REPAIR SUPPLIES Check Nbr 030871 FERGUSON WATERWORKS $115.72 3/8/2017 030872 GREEN LIGHTS RECYCLING, INC. RECYCLING EVENT 2-11-17 Check Nbr 030872 GREEN LIGHTS RECYCLING INC $449.30 3/8/2017 030873 HD SUPPLY WATERWORKS LTD WATER METER & PARTS Check Nbr 030873 HD SUPPLY WATERWORKS LTD $1.956.83 3/8/2017 030874 INTEGRA P.W. PHONE SERV THRU 3-22-17 Check Nbr 030874 INTEGRA $83.56 3/8/2017 030875 INTERNATIONAL UNION OF OPERATI UNION DUES - MARCH 2017 Check Nbr 030875 INTERNATIONAL UNION OF OPE ATI $102 QO 3/8/2017 030876 JIM - JULE JARA 1858 MAIN ST - REFUND OVER PYMT ON FINAL UTILITY BILL Check Nbr 030876 JIM - JULE JARA $67.79 3/8/2017 030877 KATHLEEN LATTU REFUND OVER PAID FINAL UTILITY BILL - 7246 MAIN STREET Check Nbr 030877 KATHLEEN LATTU $155.68 3/8/2017 030878 KENNETH A. TOLZMANN, SAMA 1ST QTR 2018 PAYABLE 2019 PROPERT TAX 3/8/2017 030879 LEAGUE OF MN CITIES M. ERICSON - LEGISLATIVE CONFERNCE - 3-23-17 3/8/2017 030880 MAMA M. ERICSON - 2-14-17 MEETING Check Nbr 030880 MAMA $30.00 3/8/2017 030881 MIRANDA CHRISTIANSONZANEL 2032 WILLOW CIRCLE - REFUND OVER PYMT ON FINAL Check Nbr 030881 MIRANDA CHRISTIANSONZANEL $27.51 19 CITY OF CENTERVILLE Check Detail — March 8, 2017 Check 03/03/1710:18 AM Page 2 3/8/2017 030882 MN DEPARTMENT OF HEALTH COMMUNITY WATER SUPPLY SERVICE CONNECTION FEE Check Nbr 030882 MN DEPARTMENT OF HEALTH $1.984.00 3/8/2017 Check Nbr 030883 NORTH 030883 AMERICAN NORTH AMERICAN TITLE COMPANY TITLE COMPANY 1813 HOULE CIRCLE - REFUND OVER PAYMENT ON FINAL $57.40 3/8/2017 030884 STANTEC CONSULTING SERVICES IN STORM WATER UTILITY - SERV THRU 2-3-17 $530.00 3/8/2017 030884 STANTEC CONSULTING SERVICES IN 2017 THIN OVERLAY - SERV THRU 2-3-17 $1,099.95 3/8/2017 030884 STANTEC CONSULTING SERVICES IN WATER SUPPLY PLAN - SERV THRU 2-3-17 $582.25 3/8/2017 030884 STANTEC CONSULTING SERVICES IN 7073 CENTERVILLE RD - LOT SURVEY - SERV THRU 2-3-17 $1,900.00 3/8/2017 030884 STANTEC CONSULTING SERVICES IN STREETS - SERV THRU 2-3-17 $927.00 3/8/2017 030884 STANTEC CONSULTING SERVICES IN SEWER UTILITY - SERV THRU 2-3-17 $814.00 3/8/2017 030884 STANTEC CONSULTING SERVICES IN WATER UTILITY - SERV THRU 2-3-17 $2,860.00 3/8/2017 030884 STANTEC CONSULTING SERVICES IN GENERAL - SERV THRU 2-3-27 $2,064.00 3/8/2017 Check Nbr 030884 STANTEC 030884 CONSULTING STANTEC CONSULTING SERVICES IN SERVICES IN RUFFRIDGE-JOHNSON - SERV THRU 2-3-17 $3,633.QO $14,410.20 3/8/2017 030885 TASC COBRA - ADMINISTRATION FEE - 4-1-17 THRU 4-30-17 Check Nbr 030885 TASC $10.00 3/8/2017 030886 XCEL ENERGY 1880 MAIN ST - SERV THRU 2-6-17 $1,024.72 3/8/2017 030886 XCEL ENERGY 1880 MAIN ST - ClTY HALL/FIRE STATION - SERV THRU 2-6- $572.24 Check Nbr 030886 XCEL ENERGY $1,596.96 CHECK #30772 VOIDED AND REPLACED WITH CHECK #30866 20 Total Checks $112,135.99 CENTENNIAL LAKES POLICE DEPT Check Register - Police GL without invoice numbers Page: 1 Check Issue Dates: 2/15/2017 - 2/23/2017 Feb 24, 2017 08:36AM .eport Criteria: Report type: Summary GL Check Ck No Period Issue Date 02/17 02/23/2017 11327 02/17 02/23/2017 11328 02/17 02/23/2017 11329 02/17 02/23/2017 11330 02/17 02/23/2017 11331 02/17 02/23/2017 11332 02/17 02/23/2017 11333 02/17 02/23/2017 11334 02/17 02/23/2017 11335 02/17 02/23/2017 11336 02/17 02/23/2017 11337 02/17 02/23/2017 11338 02/17 02/23/2017 11339 Grand Totals: Payee AMAZON CITY OF CIRCLE PINES DELTA DENTAL DON'S CIRCLE SERVICE, INC JENNIFER GRUBBS LEAGUE OF MN CITIES INS TRUST MMKR INC POPP COMUNICATIONS SHRED -N -GO, INC PAUL H STEFFEL SUN LIFE FINANCIAL TASER INTERNATIONAL TELECIDE PRODUCTIONS, INC M = Manual Check, V = Void Check 21 Description TIRES 2017 EAP SERVICES MARCH DENTAL VEHICLE REPAIRS & MTC VEHICLE WASH SUPPLIES 2017 PROPERTY/LIAB/AUTO INS/UMB PROGRESS BILLING 2016 AUDIT DSL LINE FOR WIFI SHREDDING SERVICE INS AGENT OF RECORD 2017 MARCH LIFE/DISABILITY DPM BATTERY PACK COMPUTER MTC & SUPPORT Check Amount 1,935.51 1,457.00 1,488.10 39.00 70.00 42,011.00 1,500.00 71.04 88.50 1,500.00 110.94 89.14 528.36 50,888.59 CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Check Issue Dates: 2/9/2017 - 2/24/2017 Report Criteria: Report type: Summary GL Check Check Vendor Period Issue Date Number Number 02/17 02/23/2017 7773 10293 02/17 02/23/2017 7774 11565 02/17 02/23/2017 7775 30040 02/17 02/23/2017 7776 30480 02/17 02/23/2017 7777 30575 02/17 02/23/2017 7778 31137 02/17 02/23/2017 7779 40045 02/17 02/23/2017 7780 60300 02/17 02/23/2017 7781 90151 02/17 02/23/2017 7782 120443 02/17 02/23/2017 7783 130205 02/17 02/23/2017 7784 160150 02/17 02/23/2017 7785 220200 02/17 02/23/2017 7786 220300 Grand Totals: M = Manual Check, V = Void Check Payee ALL SAFE INC ASPEN MILLS, INC CDW GOVERNMENT, INC CENTENNIAL UTILITIES CITY OF CIRCLE PINES CONNEXUS ENERGY DELTA DENTAL FIRE SAFETY USA, INC IMAGE PRINTING & GRAPHICS THE LINCOLN NATL LIFE INS C MMKR, INC PEARSON EDUCATION, INC VERIZON WIRELESS VOL. FIREFIGHTERS BENEFIT 22 Page: 1 Feb 24, 2017 08:22AM Description 8 Fire Ext. Certification - Annual In Remove name & patch off jacket DVD, Speaker Jan Gas, Water (Station 1) Annual Vita Work Life (2/1/17-1/3 12/29-1/27 Electric, Stat. 1 EMS Coord. Dental Ins Prem (Pell '95 Freightliner Service - pressure 2k AP, Payroll Checks EMS Coord. Life Ins Prem (Peil) Audit Service for 2016 books EMS Supplies 1/5-2/4 Phone (Bruder) Annual Life Ins. 4/23/17-4/22/18 Check Amount 44.82 77.70 39.52 507.26 1,457.00 766.60 196.25 997.00 427.08 343.61 1,500.00 1,266.34 53.28 501.00 8,177.46 tenpdk (!§E"ffiAe,dW;7 Centerville Special Event Permit Application Paddle de Fete Paddle Board / Canoe / Kayak Race July 23, 2017 Submitted February 16, 2017 LTITLE, PURPOSE, AND BRIEF DESCRIPTION OF EVENT: General Background Information: • This is a new event being proposed for Fete de Lacs 2017. This event has been coordi- nated with the Fete committee and with Parks and Recreation Committee. • The Paddle Board. canoe, and kayak races will begin and end at Trail side Park on Cen- terville Lake The start and finish line will be in close proximity to peer used by the Bald Eagle Waterski Show. • The course will be a triangular shaped route on Centerville Lake set up using GPS points. The nominal distance is a 3K course. If there is enough interest we may also set up a one mile course for less experienced paddlers. The event will be timed, how- ever this is more of a fun event and less of a race. Overall best times will be recognized. • The course will be set up on Thursday and Friday prior to Fete de Lacs 2017. • This is a fund raising event for No One Left Hungry Foundation. Marsha Marcussen is the founder and principle operating officer. She has established a strategic relationship with and works in cooperation with Union Gospel Mission in St. Paul. The money is used to feed and/or provide warm clothing to the homeless. • The race committee members are all volunteers. One hundred percent of the funds raised, in excess of expenses, will go directly to benefit the homeless. New Application: This is a new application for 2017 Page 1 of 14 23 CONTACT PERSON: Patrick Branch TELEPHONE: cell 703-501-6815 21DENTIFYING INFORMATION: Email 122branch@mail.com Attach a written communication from the organization(s) in whose name the event will be advertised which authorizes you, the applicant, to apply for this special event permit on its/their behalf. Applicant's Name: Patrick Branch Title: No One Left Hungry Foundation, Event Coor- dinator Mailing Address: 1618 Hunters Ridge Lane, Centerville, MN 55038 Affiliation: No One Left Hungry Run Committee Day Phone: 703 501-6815 Evening Phone: 703 501-6815 Emergency Phone: 651-252-8325 (Marsha Marcussen, Foundation Director) 3.EVENT PRINCIPALS: Following, please list the names, addresses and telephone numbers of all the principals involved in any of the proposed special event. Include professional event organizers, event promoters, financial underwriters, commercial sponsors, charitable agencies for whose benefit the event is being produced, the organization(s) in whose name the event is being advertised, and all others administratively, financially and organizational- ly involved as principals in the production of the proposed special event. Make additional copies of the following as needed to include as of the principals involved in the proposed special event. Name: Centerville Main Street Merchants and No One Left Hungry Foundation. Spon- sors are to be determined. Organization/Business/Agency/Affiliation: Centerville Main Street Merchants are inde- pendent business in Centerville. Other than co -hosting this event, they are not otherwise affiliated. No One Left Hung_ry Foundation is affiliated with and runs a weekly soup kitchen at the Catholic parish in North Branch Minnesota. Is this a non-profit organization? yes. 501(c)3 status is pending. We are an All Vol- unteer Committee. All "profits" go to benefit the homeless in Minnesota. If you are making application under non-profit status, proof of non-profit status must be attached to this apylication Page 2 of 14 24 Title and functional responsibility with regard to the event: Marsha Marcussen Race Director - Overall responsibility for the event and the founda- tion. c/o American Family Insurance 1883 Main Street. Centerville. MN 55038 Phone:651-426-1658 Patrick Branch, event coordinator. 1618 Hunters Rid --e Lane, Centerville. MN 55038 Phone: 703-501-6815 Michael Giovinazzo, Coordinator, Centerville Main Street Merchants, c/o American Family Insurance 1883 Main Street. Centerville. MN 55038 Phone 651-426-1658 4.REQUESTED EVENT COMPONENTS: Date requested: July 23,2017 Alternate date: None Requested hours of operation: _Time is yet to be determined. The actual time will be coordinated with the Bald Eagle Waterski Show so that these events are complimentary and not conflicting. The estimated times for this event is 12:00 p.m. To: 2:00 p.m. Per- mit request is for the expected time of the event plus or minus an hour. Set up beginning date and time: Some set up will be done on July 20 - 21th. with final set up on July 23 from 11:00 to 12:00 - a.m.. Complete dismantle date and time: July 23, 2017 prior to the waterski show, also a Fete des Lacs event. Describe the number and type of animals (if any) to be used in this event: No Animals Attach a draft of the entry form for participants and/or spectators. Anticipated number of participants: _75 (best guess based on similar events turnout.) Spectators: 50 UNSURANCE: This is a Centerville Fete des Lacs events and insurance falls under the City's umbrella policy. Attach to this application either an insurance policy or a certificate of insurance including the policy num- ber, amount, and the provisions that the City of Centerville is included as an additional insured. (Please note that insurance requirements depend upon the risk level of the event. Also, if your event can be classi- fied as first amendment expressive activity, insurance requirements can be waived under certain circum- stances.) 6.SANITATION: Page 3 of 14 W Attach your "Plan for clean-up/Material Preservation". Include number, type and location of trash contain- ers to be provided for the event. Indicate who and how man will be responsible for emptying and cleaning up around containers during the event. Indicate who and how many will be responsible for cleaning up after animals if they are present during the event. Indicate who and how many will be responsible for cleaning up after the event. Describe the number, type and location of portable toilets to be provided for the event (or permanent toilets to be used in the event.) Include any other plan you have for ensuring post - event cleanliness and material preservation of city facilities, equipment, premises and streets. A deuosit of $500 will be required for clean-up and restoration. If Premises are left in satisfactory condition, this deposit will be refunded in full following insuection. Sanitation Plan: Please waive the deposit. These events will start and finish in Trailside Park. The sanitation Plan will be coordinated with the Waste Management. Every reasonable effort will be made to make this a green event. Portable toilets will be coordinated with other fete de Lacs events. If additional Portable toilets are necessary they will be Provided by and Paid for by this event. 7.LOCATION: Please attach a map of your event land design. Check off below items that apply to your event and indicate them on the attached map. Use, where necessary, a "to scale" draw- ing. A. _X_ If a route is involved, the beginning and finish area with arrows. B. _ If a route is involved, the places where buses, autos or other motorized vehicles need to be considered. C. If a route is involved, attach separate maps giving two or more alternate routes. D. Entertainment or stage locations (grandstand operators should provide you with a "to scale" drawing.) E. _na—Alcoholic beverage concession area. F. _ Non-alcoholic concession area. G. _ Food concession area. H. General Merchandise concession areas. I. –X _ Portable toilet facilities (indicate number). J. X Event participant and/or spectator parking areas. K. X_ Event organizer's command post. L. _X_ First aid facilities. M. _ Fireworks or pyrotechnics site. N. _ Vehicle fuel handling sit. O. _ Cooking areas. P. _ _ Electrical sources to be used for cooking. Q. tables, enclosures, etc. R. Temporary or permanent structures constructed for the event. S. Site of electrical wiring to be installed for the event. T. Trash receptacles (indicate number) Page 4 of 14 26 U. Other - Please describe. &AVAILABILITY OF FOOD, BEVERAGES AND/OR ENTERTAINMENT: If there will be music, sound amplification or any other noise impact, please describe, including the intended hours of the music, sound or noise: A decision has not been made regarding music We may use it We will use a bull horn at the start and finish line We will have a bull horn or amplifier for the race announcer at the end of the race course in Laurie LaMotte Memorial Park. Will alcoholic beverages be served? Yes No X 3 T11�,1_ 1 ; If yes, describe what system will be used to ensure that alcoholic beverages will be con- sumed by persons 21 years and older: If yes, describe how, where, when and by whom the alcoholic beverages will be served: _ If a casino party, a dance, or live entertainment is part of your event, please describe: Please describe all of the activities of your event for which a license is required, for ex- ample: a cabaret license, etc. Attach all required licenses to this application,_E11M note that certain licensing may be required by City. County and State agencies such as a Larne Assembly License fortgl ht erings over 1.000 geoille. some tomes of food hap ling incensing Gambling License Cabaret License etc It is yyur resu nsibLty to check with the City Clerk or local authorities to determine what Licensing is re- puired prior to submitting this application. Will food and/or non-alcoholic beverages be served? Yes Page 5 of 14 27 If yes, describe sanitation measures, food handling procedures and the nature of the food (such as pre-packaged foods, hot dogs, pre -mixed soda, unpeeled fruit, raw meats, veg- etables, fish or peeled and cut fruit. Food item: This area is still to be determined There may be post event food and drink. We may find a Bonsor to do this for us. but that is not vet arranged All other foods and drink will be pre packaged unless 1ren� ared by a sponsor in their commercial kitchens We will provide water to the participants at the finish line If yes. you will need a permit from the Anoka County Department of Environmental Health. Please attach a cgpv of f the permit to this application. 9.SECURITY AND SAFETY PROCEDURES: Describe your proposed procedures for set up, operation, internal security and crowd con- trol: Security and crowd control will be worked out with the Centennial Lakes Police Department Following the pattern use by the Centerville Fete des Lacs If the event is to occur at night, describe how you are going to light the event area in or- der to increase the safety of participants and spectators coming to and leaving the event: - The event will not be at night. If your event includes vehicles or animals, describe the minimum and maximum speeds of the event and the minimum and maximum intervals of space to be maintained between units: _ We have not worked out the details -ye -t. but there will be watercraft on the lake monitoring the safety of the paddlers. All participants will be required to wear a US Coast Guard approved Personal Flotation Device (PFD) Attach to this application a copy of your building permit(s) if you are installing any elec- trical wiring on temporary or permanent basis and/or if you are building any temporary or permanent structures such as bleachers, scaffolding, a grandstand, stages or platforms. Attach a copy of your fire department permit(s) to this application if you will use parade floats; an open flame; fireworks or pyrotechnics; vehicle fuel; cooking facilities; enclo- sures (and tables within those closures); tents, air supported structures, canopies, or fabric shelters. Page 6 of 14 28 Give the name, address and phone numbers of the agency or agencies which will provide first aid staff and equipment if required. Attach additional sheets if necessary. Name of agency: N/A Name of Representative: Address: Day phone: Evening phone: Indicate medical services (if required) that will be provided for this event: Ambulances: Doctors: Nurses: Paramedics: IO.VENDORS OR CONCESSIONAIRES: Describe what vendors/concessionaires you will allow in conjunction with the event, and the purpose of these concessions: Describe how you intend to regulate, monitor and control the type, number and quality of vendors/concessionaires whom you may permit to operate in conjunction with the event: We will not have vendors in the sense that is implied in this section . We will have water and sports drink to provide to the runners and walkers. We intend to have a small amount of energy foods at the end of the event. 1 LCITY SERVICES/EQUIPMENT: Describe city services and/or equipment requested for this event: City barricades, cones, signs, picnic tables and other equipment which may be borrowed on an as -available basis. You should make advance arrangements to pick up and return this equipment. If you or any volunteers cannot pick up and return this equipment, please attach a letter requesting Page 7 of 14 29 these services and explaining why your organization cannot perform them. This will be reviewed, then approved or denied by the public works foreman. City Services will be coordinated with Centerville Public Works. We will need a couple of tables at the finish line. Traffic cones at critical intersections. Traffic control will be coordinated with CLPD. 12.OTHER PERTINENT INFORMATION: Please list below any other miscellaneous information you feel would be important and have a bearing on the approval of this Special Event Permit request: 13YEE STRUCTURE / EVENT CHARGES: If there is a fee or donation required as a condition of attendance or participation of this event, please describe the amounts to be collected from various categories of participants or spectators: The fees charged for this event will be the same as the fees charged by the City of Centerville for the annual Fete de Lacs running events Currently that fee is $20 for child (18 and under) and $30 for an adult. 14.If a donation is requested on a purely voluntary basis, describe how you intend to in- form participants/spectators or others that they may participate in the event whether they make a donation or not: Centerville Special Event Permit NAME AND TYPE OF EVENT: Paddle de Fete, 3K Paddle Board, Canoe and Kayak Race. DAY, DATE AND TIME: Sunday July 23 1:00 pm. race start time 1. PARKS AND RECREATION DEPARTMENT Page 8 of 14 30 FINAL APPROVAL AND SIGN OFF Signature Date: Title Please check or use N/A (not applicable) where appropriate: I . Final check has been made of application requirements. 2. Event is approved by City Council. 3. All required permits are issued and on file. 4. Refundable clean up fee has been paid. 5. Insurance Certificate is on file with City Clerk 6. Surety Bond is on file to secure payment for applicant's obligation to the City. 7. Application is complete. 8. Special conditions are attached. REVOCATION: Upon mutual consent, the City Council may revoke a special event permit if the conditions set fourth in the permit application are not being followed. Permit is hereby revoked: Signature Date: Reason(s) for revocation: Title TO BE REVIEWED/APPROVED AND SIGNED BY AFFECTED CITY DEPARTMENT HEADS Page 9 of 14 31 2. PARKS AND RECREATION DEPARTMENT Special Events Coordinator: Date: Initial/sign-off: 3. POLICE DEPARTMENT Approved by: Signature Date: Title 1. Emergency vehicle access. 2. Traffic/safety street closures. 3. Appropriate barricades. (# Required) 4. Police personnel required/available. 5. Portable toilet facilities. (# Required) 6. First aid facilities. 7. Internal security and crowd control. 8. nighttime lighting. 9. Other provisions as may be required by this department. 4. LICENSING AND INSURANCE Approved by: Signature Date: Title 1. Dance and/or live entertainment. List types or permits or licenses required: Page 10 of 14 32 2. Alcoholic beverages. 3. Peddlers. 4. Noise abatement. 5. Other provisions as may be required: INSURANCE: Your insurance coverage must be reviewed and approved by the City's insurance carrier. 1. Public liability insurance naming City of Centerville and other public agencies additionally insured is required. 2. Hold harmless forms executed and failed. 3. List and approve/disapprove other insurance coverage as may be re- quired. 5. FIRE DEPARTMENT Approved by: Signature Date: Title 1. Emergency vehicle access. 2. Use of fireworks, pyrotechnics, vehicle fuel, open flame. 3. Cooking facilities. 4. Occupancy and spacing of tables, enclosures. 5. Parade, floats. 6. Tents, air supported structures, canopies. 7. Other provisions as my be required by this department: 6. BUILDING DEPARTMENT Page 11 of 14 33 Approved by: Signature Date: Title Electrical: 1. Plan check/inspection of any wiring installed on a temporary or permit basis. 2. Permit(s) attached. Structural Plan: 1. Plan check/inspection of any temporary or permanent structures, in- cluding bleachers, scaffolding, grandstand, reviewing stands, stages, or plat- forms. 2. Permit(s) attached. 3. Other provisions as may be required by this department: 7. PARKS AND RECREATION DEPARTMENT Approved by: Signature Date: Title 1. Park permit(s) required. (to be attached) 2. Ballfield Usage Permit. 3. Beach permit required. (to be attached) 4. Trash containers required. (# 5. Portable toilets required. (# 6. Applicant's plan for cleanup, site restoration and material preservation (recycling) required and attached. Page 12 of 14 34 7. Other provisions as may be required by this department: 8. PUBLIC WORKS DEPARTMENT Approved by: Signature Title Date: 1. Trash containers required. (# ) 2. Portable toilets required. (# 3. Special animal clean up required. 4. Barricades provided, as available. (# , 5. Cones provided, as available. (# 6. No parking signs provided, as available. (# 7. Applicant's plan for clean up and material preservation (recycling) re- quired and attached. 8. Other provisions as may be required by this department: 9. STATE, COUNTY AND CITY HEALTH DEPARTMENT Approved by: Signature Title Date: 1. Food and/or beverage served. 2. Permit(s) attached. 3. Food cooked. 4. Permit(s) attached. 5. List other health licensing obligations as may be require: Page 13 of 14 35 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 12/16 Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: • conducts lawful gambling on five or fewer days, and Applications are processed in the order received. If the application is postmarked or received 30 days or more before the event, the awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION iklid - ATION Organization Centerville Lions Club Previous Gambling X-04725 Name: Permit Number: Minnesota Tax ID Federal Employer ID Number, if any: NA Number (FEIN), if any: 23-7391509 Mailing Address: 6849 Centerville Road City: Centerville State: Mn zip: 55038 County: Anoka Name of Chief Executive Officer (CEO): Thomas Wilharber Daytime Phone: 651-587-1250 Email: tdwilharber67@msn.com NONPROM STATUS - a Type of Nonprofit Organization (check one): Fraternal Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 IRS income taut exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. 0 IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMSESNFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): St. Genevieve's Church - Parish Community Center Address (do not use P.O. box): 6995 Centerville Road City or Township: Centerville zip: 55038 County: Anoka Date(s) of activity (for raffles, indicate the date of the drawing): April 29 2017 Check each type of gambling activity that your organization will conduct: Bingo Paddlewheels =Pull -Tabs =Tipboards Raffle (total value of raffle prizes awarded for the calendar year, including this raffle: $ 3880.00 Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www_mn_nhv/nr.h anri rlirk nn DiaWhnfnre i inrlPr / id of i kv"t-cpPe nr rail 6111-5':iq-19nn 36 12/16 LG220 Application for Exempt Permit Page 2 of 2 vv 'I'Y 3 SC.Lt'r"" r .,-: - �-: 7. �..s� � yam. oe�ii=lld r Gov ici�o u CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application is acknowledged with no waiting period. he application is acknowledged with no waiting period. =he application is acknowledged with a 30 -day waitinghe application is acknowledged with a 30 -day waiting period, and allows the Board to issue a permit after 30 dayseriod, and allows the Board to issue a permit after (60 days for a 1st class city). 0 days.=The application is denied. he application is denied. rPnrint Print City Name: Centerville ounty Name: Signature of City Personnel: ure of County Personnel: Title: Date: Title: Date: TOWNSHIP (if required by the county) On behalf of the township, i acknowledge that the organization is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or The city or county must sign before deny an application, per Minn. Statutes, section 349.213.) submitting application to the Gambling Control Board. Print Township Name: Signature of Township Officer: Title: - Date: ^.HIEp XEdit, _1VE _ F ER' � C ne information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returna Boa d within 30 days of the event date. Chief Executive Officer's Signatur,1 t Date: March 1, 2017 (Signature must be CEO's signature; designee may not sign Print Name: Thomas Wilharber REQUIREMENTS -14 IL`APPL Q CA'RN=kNi) ATTACHNIEIVTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days, or a copy of your proof of nonprofit status, and • all gambling conducted on one day. application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity Is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety; Attorney General; on this form (and any attachments) will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board) to by the Board. All other information provided will Management & Budget, and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access ,our organization refuses to supply this information provided remains private, with the to the information; individuals and agencies for iformation, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested, the Board will be able to process the access to the information; Minnesota's Depart - This form will be made available in alternative format (i.e. large print, braille) upon request. 37 Teresa Bender From: Statz, Mark <Mark.Statz@stantec.com> Sent: Friday, February 17, 2017 11:45 AM To: Mike Ericson Cc: Paul Palzer; Greg Burmeister, Teresa Bender Subject: Storm Water Fees Mike, Greg, Paul and I just met to discuss the Stormwater Fund. As you're aware, the City Council (especially CM Montain) would like to see some information about what we are planning to do with the storm water funds. I'm looking to present something to the City Council at the first meeting in March (8th). I'll try to get something put together for us all to review as a staff by the end of next week. Then we can make any changes and have it ready for the packets on the 3rd. The agenda item might be something like "Review of Stormwater Utility Fund and Capital Improvement Plan". Please pencil us in for an agenda item on the 8th. Thanks. Mark R. Statz, PE Associate Stantec 2335 Highway 36 West„ St. Paul MN 55113-3819 Phone: (651) 604-4709 Cell: (651) 775-5126 Mark.Statz@stantec.com The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with Stantec's written authorization. If you are not the intended recipient, please delete all copies and notify us immediately. ® Please consider the environment before printing this email. This email has been scanned by the Symantec Email Security.cloud service. For more information please visit htW://www.symanteccloud.com 38 ten°i& 2017 City Council Focus Goals L Lftor7 *Review and update downtown redevelopment plan *Promote community PAde:1017fe,thp—da-5 40 festival Committee, Congrats ISD #1,2 Students, FarMeexMarket,,& 7astg lientery lle_ `4 t4"] Infastructure r N k MV, q Ti 4) hlhg, R Ic�Gr rets) Parks & Rec. W 42 11 ivam *Workwith CLPD &C-FDA41ghttounite -Stfatr 144-aplanfor the RrOD, i r"Int to posJtJopAgWs throughout Oe city Public Safety rup" Y OR Ak� -lhcreasl'tech to better serve our rg�ldent; _044t 0 Display casers Administration `66,ufl�f Signs)V (We *Review council Meeting Day of Wednesday 39 &1"' 2017 Ongoing Priorities I V0 'G K 94-5 7 71zq.0 F 7, it � W", i 1 0 ��: A" T" wziO, wIt"pc ai 90. r --w Wt 00111' - Vw_,- ;ahd, Ot MOV6W d OtMOP, :C�h6l$SIOMGS'ta S or, tilti �140 M.S. Sao, *Continue A$cuoons with school districts, rAuntlet, watersheddistricts, neighboring tniiifficipalifies and other lica� stag agencies on 00, 114rtheeit Metib'Waiir Su_ Mink, St. haul Regional Water,- irAetropoiitan Council,- 40 Model Social Media Policy Before adopting this policy, a city should be familiar with the contents of the LMC information memo, Computer and Network Loss Control. This model policy assigns duties to certain departments and staff titres. Suggestions are offered in parentheses. Use departments and staff positions that are appropriate for your city. You may modify other provisions to conform to your city's situation as needed. This model contains a number of provisions with legal implications. Before adopting a city policy based on this model, please review it with your city attorney. The League of Minnesota Cities thanks the City of St. Michael for allowing us to use its policy as the basis for this version of the League's model policy. City of Social Media Policy Purpose Social networking in government serves two primary functions: to communicate and deliver messages directly to citizens and to encourage citizen involvement, interaction, and feedback. Information which is distributed via social networking must be accurate, consistent, and timely and meet the information needs of the City's customers. Since social media is used for social networking, this policy seeks to ensure proper use of the City of 's social media sites by its representatives. The City of wishes to establish a positive and informative social media presence. City representatives have the responsibility to use the City's social media resources in an efficient, effective, ethical and lawful manner pursuant to all existing City and departmental policies. This policy also provides guidelines and standards for city representatives regarding the use of social media for communication with residents, colleagues and all other followers. Policy The City of will determine, at its discretion, how its web - based social media resources will be designed, implemented and managed as part of its overall communication and information sharing strategy. City social media sites may be modified or removed by the City at any time and without notice, as described in this document. City of social media accounts are considered a City asset and administrator access to these accounts must be securely administered in accordance with the City's Computer Use policy. The City reserves the right to shut down any of its social media sites or accounts for any reason without notice. All social media web sites created and utilized during the course and scope of an employee's performance of his/her job duties will be identified as belonging to the City of , including a link to the City's official web site. League of Minnesota Cities Computer and Network Loss Control 2/24/2016 41 Scope This policy applies to any existing or proposed social media web sites sponsored, established, registered or authorized by the City of . This policy also covers the private use of the City's social media accounts by all City representatives, including its employees and agents, Council members, appointed board or commission members and all public safety volunteers to the extent it affects the City. Questions regarding the scope of this policy should be directed to the [City Administrator, Communications Director, etc.] Definition Social media are internet and mobile -based applications, websites and functions, other than email, for sharing and discussing information, where users can post photos, video, comments and links to other information to create content on any imaginable topic. This may be referred to as "user -generated content" or "consumer -generated media." Social media includes, but is not limited to: • Social networking sites such as Facebook, Linkedln, Twitter, and online dating services/mobile apps • Blogs • Social news sites such as Reddit and Buzzfeed • Video and photo sharing sites such as YouTube, Instagram, SnapChat, and Flickr • Wikis, or shared encyclopedias such as Wikipedia • An ever emerging list of new web -based platforms generally regarded as social media or having many of the same functions as those listed above As used in this policy, "employees and agents" means all City representatives, including its employees and other agents of the city, such as independent contractors or Council members. Rules of Use City employees and agents with administrator access are responsible for managing social media websites. Facilities or departments wishing to have a new social media presence must initially submit a request to [the City Administrator/Manager/Council/ or other designee] in order to ensure social media accounts are kept to a sustainable number and policies are followed. All approved sites will be clearly marked as the City of site and will be linked with the official City website (www. ). No one may establish social media accounts or websites on behalf of the City unless authorized in accordance with this policy Administration of all social media web sites must comply with applicable laws, regulations, and policies as well as proper business etiquette. City social media accounts accessed and utilized during the course and scope of an employee's performance of his/her job duties may not be used for private or personal purposes or for the purpose of expressing private or personal views on personal, political or policy issues or to express personal views or concerns pertaining to City employment relations matters. League of Minnesota Cities Computer and Network Loss Control 2/24/2016 42 No social media website may be used by the City or any City employee or agent to disclose private or confidential information. No social media web site should be used to disclose sensitive information; if there is any question as to whether information is private, confidential or sensitive, contact When using social media sites as a representative of the City, employees and agents will act in a professional manner. Examples include but are not limited to: • Adhere to all City personnel and Computer Use policies • Use only appropriate language Be aware that content will not only reflect on the writer but also on the City of as a whole, including elected officials and other city employees and agents. Make sure information is accurate and free of grammatical errors. • Not providing private or confidential information, including names, or using such material as part of any content added to a site. • Not negatively commenting on community partners or their services, or using such material as part of any content added to a site. • Not providing information related to pending decisions that would compromise negotiations. • Be aware that all content added to a site is subject to open records/right to know laws and discovery in legal cases. • Always keep in mind the appropriateness of content. • Comply with any existing code of ethical behavior established by the City. Where moderation of comments is an available option, comments from the public will be moderated by City staff, with administrative rights, before posting. Where moderation prior to posting is not an option, sites will be regularly monitored by City staff. City of 's staff with administrative rights will not edit any posted comments. However, comments posted by members of the public will be removed if they are abusive, obscene, defamatory, in violation of the copyright, trademark right or other intellectual property right of any third party, or otherwise inappropriate or incorrect. The following are examples of content that may be removed by City staff before or shortly after being published: • Potentially libelous comments • Obscene or racist comments • Personal attacks, insults, or threatening language • Plagiarized material • Private, personal information published without consent • Comments totally unrelated to the topic of the forum • Commercial promotions or spam • Hyperlinks to material that is not directly related to the discussion League of Minnesota Cities Computer and Network Loss Control 2/24/2016 43 Personal Social Media Use The City of respects employees and agents' rights to post and maintain personal websites, blogs and social media pages and to use and enjoy social media on their own personal devices during non -work hours. The City requires employees and agents to act in a prudent manner with regard to website and internet postings that reference the City of 'its personnel, its operation or its property. Employees and agents and others affiliated with the City may not use a city brand, logo or other city identifiers on their personal sites, nor post information that purports to be the position of the City without prior authorization. City employees and agents are discouraged from identifying themselves as city employees when responding to or commenting on blogs with personal opinions or views. If an employee chooses to identify him or herself as a City of employee, and posts a statement on a matter related to City business, a disclaimer similar to the following must be used: "These are my own opinions and do not represent those of the City." Occasional access to personal social media websites during work hours is permitted, but employees and agents must adhere to the guidelines outlined in the City's Computer Use policy and the City's Respectful Workplace policy. Employees and agents should also review the Ownership section of this policy (below). There may be times when personal use of social media (even if it is off-duty or using the employee's own equipment) may spill over into the workplace and become the basis for employee coaching or discipline. Examples of situations where this might occur include: • Friendships, dating or romance between co-workers • Cyber -bullying, stalking or harassment • Release of confidential or private data; if there are questions about what constitute confidential or private data, contact • Unlawful activities • Misuse of city -owned social media • Inappropriate use of the city's name, logo or the employee's position or title • Using city -owned equipment or city -time for extensive personal social media use Each situation will be evaluated on a case-by-case basis because the laws in this area are complex. If you have any questions about what types of activities might result in discipline, please discuss the type of usage with [your supervisor, the HR manager, the City Administrator or another position you may name]. Data Ownership All social media communications or messages composed, sent, or received on city equipment in an official capacity are the property of the City and will be subject to the Minnesota Government Data Practices Act. This law classifies certain information as available to the public upon request. The City of also maintains the sole property rights to any image, video or audio captured while a City employee is representing the City in any capacity. League of Minnesota Cities Computer and Network Loss Control 2/24/2016 44 The City retains the right to monitor employee's social media use on city equipment and will exercise its right as necessary. Users should have no expectation of privacy. Social media is not a secure means of communication. Policy Violations Violations of the Policy will subject the employee to disciplinary action up to and including discharge from employment. League of Minnesota Cities Computer and Network Loss Control 2/24/2016 45 12-9-2011 21.2 Casual Fridays General: Fridays are designated as "casual day" in City Hall. On these days nice jeans, City logo t -shirts, and City logo sweatshirts can be worn. None of the other items on the above list qualify as casual Friday attire. Employees who take Friday off cannot substitute any other day of their choice as a "casual day". 22. ELECTRONIC MEDIA USAGE POLICY 22.1 General Guidelines: The City of Centerville's electronic media usage policy is designed to provide clear guidelines to City of Centerville Employees regarding access to, and disclosure of, computer, network, telephone and facsimile systems. Employees increasingly use and exploit electronic forms of communication and information exchange, and have access to one or more forms of electronic media and services (computer, email, telephones, voice mail, fax machines, external electronic bulletin boards, on-line services, and the Internet). Public Property: The City encourages the use of these media and associated services, because they make communication more efficient and effective, and because they are valuable sources of information. However, electronic media, data, and services provided by the City are City owned and publicly funded, and their purpose is to facilitate City business. The City Council authorizes the use of the Internet and on-line services for the support of all City tasks. The use of the Internet is public and a privilege, not a right, and may be revoked at any time for unacceptable use. Procedures: With the rapidly changing nature of electronic media, and the "netiquette" which is developing among users of external on-line services and the Internet, this policy cannot lay down rules to cover every possible situation. Instead, it expresses the CitS s philosophy= and sets forth general principles to be applied to use of electronic media, data, and services. The following procedures apply to all electronic media, data, and services, which are: A) Accessed on or from City premises; B) Accessed using City computer equipment, or via City -paid access methods; C) Used in a manner that identifies the individual with the City. 22.2 Authorization An Employee must sign a statement acknowledging that they have read, understand, and agree to comply with this policy. No Employee will be authorized to use electronic media or services until they have signed the appropriate statement and returned it to the Personnel Office. Page 40 of 51 Adopted 12-28-2011 46 12-9-2011 22.3 Inappropriate Material General: Electronic media may not be used for knowingly transmitting, retrieving or storage of any communications of a discriminatory or harassing nature, or which are derogatory to any individual or group, or which are obscene or sexually explicit, or are of a defamatory or threatening nature, or for "chain letters," or for any other purpose which is illegal or against City policy or detrimental to the City's reputation. Electronic media may not be used for personal use relating to political, religious, or personal financial profit. 22.4 Personal Use Limitations General: Electronic media and services are primarily for City business use. Limited, occasional or incidental use of electronic media (sending or receiving) for personal, non -business purposes done on the Employee's personal time is understandable and acceptable — as is the case with personal phone calls. However, Employees need to demonstrate a sense of responsibility and may not abuse the privilege. Such personal use must not consume large amounts of City resources. Employees using electronic media and services for personal use waive any claims to privacy regarding that usage. Any costs incurred by the City due to personal use (such as printing costs, per - minute Internet fees or cellular phone charges) must be paid by the Employee. Excessive personal use will be determined by the individual Employee's supervisor, and may subject the Employee to disciplinary action. Personal Software: Personal software can significantly impact the operation of City equipment. Consequently, the installation and use of privately owned software is allowed only when approved in advance by the Technology Manager or City Administrator. This includes downloading software from internet sites. Games are not considered to be appropriate software for City computer equipment. If allowed, all personal software, including screensavers and shareware, must be legally purchased and properly licensed to the Employee. A copy of the license must be located in the Employee's office. Personal software and data may be removed without warning at any time. The City is not responsible for the back-up or recovery of files associated with personal software. If it is suspected that a personal software package is the cause of a problem with any City software, it may be removed without warning. 22.5 Individual Privacy General: The City also reserves the right, in its discretion, to review any Employee's electronic files, messages and usage to the extent necessary to ensure that electronic media and services are being used in compliance with the law and with this and other City policies. Employees should therefore not assume electronic communications are private and confidential and should transmit highly sensitive information in other ways. Employees should be aware that any data stored may be subject to government data practices laws which make the text accessible to the public. Page 41 of 51 Adopted 12-28-2011 47 12-9-2011 Respect: Employees must respect the confidentiality of other people's electronic communications and may not attempt to read, "hack" into other systems or other people's accounts, or "crack" passwords, or breach computer or network security measures, or monitor electronic files or communications of other Employees or third parties except by explicit direction of City management. 22.6 Copyrights General: Anyone obtaining electronic access to other companies' or individuals' materials must respect all copyrights and may not copy, retrieve, modify or forward copyrighted materials except as permitted by the copyright owner. .Also, network users shall not delete, examine, copy or modify files and/or data belonging to other users, without their prior consent. 22.7 Passwords / Security General: The City Administrator reserves the right to override passwords and codes at any time. If the City Administrator requests an Employee's password(s), then the password(s) must be disclosed. Any password used on the system shall be used for the protection of the City of Centerville, not the Employee, and as such will not preclude the City, as the operator or owner of a network, from rightfully entering the network or any other messaging system at any time to review, copy or delete any file or disclose any such file to others. Employees may not attempt to prevent the City from viewing their computer and internet use by changing passwords, deleting or attempting to delete files or records. Participation in "Chat Rooms" is not permitted unless specifically approved by the Administrator. Playing of online games from City computers is specifically prohibited. Responsibility: No email or other electronic communications (including facsimile messages) may be sent which attempt to hide the identity of the sender, or represent the sender as someone else or from another organization. Employees are responsible for all electronic messages originating from a computer operating under his/her password. In no event shall an employee open an email attachment from an unknown source and shall take precautions to ensure that attachments were in fact sent by the known source. The City Administrator shall be notified immediately anytime the employee has reason to believe that City equipment may have been compromised by a virus, malware or spyware. 22.8 Excessive Usage General: Electronic media and services should not be used in a manner that is likely to cause network congestion or significantly hamper the ability of other people to access and use the system. Continued impedance of other users through mass consumption of system resources, after receipt of a request to cease such activity, is Page 42 of 51 Adopted 12-28-2011 48 12-9-2011 prohibited. The willful or careless introduction of programs known as computer viruses, Trojan Horses and worms into the City's network or into any external networks or computers can cause such excessive computer usage or even damage a system and so would be a violation of this policy. 22.9 Data Retention Records Retention Schedule: Electronic media may only be discarded in accordance with the City's Data Practices Plan and the Minnesota Data Practices Act. It should be assumed that electronic media may be viewed by the public in accordance with the Data Practices Act. As such, electronic media are similar to printed communication and should be written with the same formality. 22.10 Questions Regarding Policy General: City Employees who have concerns or are uncertain about ethical, legal or security issues regarding the use of data communications tools are expected to discuss their concerns with their supervisor who will act as the Employee's first point of contact. Integrity: Part of the responsibility of the City Administrator is to insure the integrity of City data (an asset). Therefore, the City Administrator, in consultation with the City Attorney, will resolve and answer any questions about this Acceptable Use Policy or its interpretation. Until such issues are resolved, questionable use should be considered "not acceptable". Questions of interpretation should be submitted, in writing, to the City Administrator. Final authority for this Acceptable Use Policy lies with the City Council. 22.11 Policy Violations General: The City Administrator will review all alleged violations of this City policy on a case-by-case basis. The City Attorney may be consulted for technical assistance in investigating a complaint. Clear violations of the policy which are not promptly remedied may result in the expulsion of the offending Employee from the City's network services in addition to disciplinary action, and consistent with the Personnel Policy or appropriate bargaining unit agreement. 23. CELLULAR PHONE USAGE POLICY 23.1 Application General: This policy is intended to regulate the use of City -owned cellular phones within reasonable, practical parameters. As the number of available cellular telephones increases and the efficiencies of cellular telephone usage become even more apparent, it is incumbent upon the City to establish reasonable guidelines for the use of cellular phones. The City of Centerville will benefit by extending the hours essential Employees are available for consultation through the use of cellular phones. Page 43 of 51 Adopted 12-28-2011 49 Teresa Bender From: sara strehlo <sarastrehlo@glaserlaw.net> Sent: Tuesday, February 21, 2017 2:17 PM To: Teresa Bender Cc: Kurt Glaser Subject: Re: Addition for City Counsel Meeting on 3/8/2017 Well, it shouldn't always be on an annual basis (hopefully). There was a change with the Contract # with these and so these new docs are needed. You also signed very similar documents for the MGA which is a contract just between us and the Court so those are slightly different then these. thanks, Sara On Tue, Feb 21, 2017 at 2:09 PM, Teresa Bender <TBenderacentervillemn.com> wrote: Dear Sara: We did these in June of 2016. Do we need to complete this on an annual basis? Sincerely, Teresa From: sara strehlo[mailto:sarastrehloC@glaserlaw.net] Sent: Tuesday, February 21, 2017 1:57 PM To: Teresa Bender Cc: Kurt Glaser Subject: Addition for City Counsel Meeting on 3/8/2017 Hi Teresa, Can you please add to the 3/8/2017 Counsel Meeting Agenda the attached documents to be signed. These are 3 way contracts between the Courts, us, and the Bureau of Criminal Apprehension (BCA), which allow us to access the E -Charging system that we use to charge defendants. Renewed Contracts were requested by the BCA. Thank you! 50 Sara Sara J. Strehlo Paralegal Smith & Glaser 333 Washington Avenue North Union Plaza Suite 405 Minneapolis, MN 55401-1337 612-333-6513 i12-333-3821 fax SaraStrehlo(a-,GlaserLaw.Net This email has been scanned by the Symantec Email Security.cloud service. For more information please visit hqp://www.syManteccloud.com Sara J. Strehlo Paralegal Smith & Glaser 333 Washington Avenue North Union Plaza Suite 405 Minneapolis, MN 55401-1337 612-333-6513 612-333-3821 fax SaraStrehlona,GlaserLaw.Net 51 RESOLUTION NO. RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF CENTERVILLE ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Centerville on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Centerville, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Centerville on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the CITY ADMINISTRATOR - MIKE ERICSON, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, KURT B. GLASER - CITY ATTORNEY is appointed as the Authorized Representative's designee. 3. That the CITY ADMINISTRATOR - MIKE ERICSON, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, KURT B. GLASER - CITY ATTORNEY is appointed as the Authorized Representative's designee. 4. That JEFF PARR, the Mayor for the City of Centerville, and TERESA BENDER, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this day of , CITY OF CENTERVILLE By: JEFF PAAR Its Mayor ATTEST: By: TERESA BENDER Its City Clerk 52 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY Phis agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Centerville 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. 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 - 53 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://aM.dps.mn.gov/cidn. 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:HWs.x.state.mn.us/sites/bcaservicecatalogJdefault.asyx. 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://dt)s.mn.gov/divisions/bca/bca- divisions/mni is/DocumentsBCA-Policy-on-Avpropriate-Use-of-Svstems-and-Data.ndf. 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 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 54 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 CHS Security Policy. The BCA will maintain records of the federal, fingerprint -based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency understands there is a cost for access to the criminal justice data communications network described in Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. Agency will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Agency will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Mike Ericson City Administrator, 1800 Main St., Centerville, MN 55038 (651) 429-3232, 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. Ch. 466, governs the Agency's liability. 55 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 patties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply w` the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendmk All patties 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 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 re the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different 56 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 IO.Venue. The parties indicate their agreement and authority to execute this Agreement by signing below. L AGENCY Name: Jeff Paar Signed: 57 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: Signed: (PRINTED) Title: Mayor (with delegated authority) Date: Name: TERESA BENDER Signed: Title: CITY CLERK (with delegated authority) Date: 58 Title: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Centerville on behalf of its Prosecuting Attorney ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 119010, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: • TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. • Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 59 • "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. • "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. • "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: "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. • "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. • "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. • "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. • "DCA" shall mean the district courts of the state of Minnesota and their respective staff. • "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 60 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. • "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. Office. • "Court" shall mean the State of Minnesota, State Court Administrator's • "Subscriber" shall mean the Agency. • "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. • 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. • Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. • Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. • 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. 61 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 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. 62 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. 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 63 Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub -section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 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. L Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber 64 Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS -M -0958. 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. • 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. • 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 65 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. • 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. • Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 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. 66 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 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 67 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. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 1. (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: MIKE ERICSON Signed: 68 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CR 41NAL APPREHENSION Name: (PRINTED) Signed: Title: (with delegated authority) Title: CITY ADMINISTRATOR (with delegated authority) Date: Name: TERESA BENDER Signed: Title: CITY CLERK (with delegated authority) Date: 69 Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: (PRINTED) Signed: Title: (with authorized authority) Date: FIRST AMENDMENT TO PURCHASE AGREEMENT THIS FIRST AMENDMENT TO PURCHASE AGREEMENT (this "Amendment") is made and entered into as of this day of February, 2017 (the "Effective Date") by and between City of Centerville, Minnesota ("Selleel and Jon R. Pederson and Sophie Pederson, husband and wife (collectively "Buyer"). RECITALS WHEREAS, Buyer and Seller entered into a Purchase Agreement dated November 16, 2016 (the "Purchase Agreement") wherein Seller agreed to sell to Buyer, and Buyer agreed to purchase from Seller, the Property described as Lot 2, Block 1, Clearwater Business Park, Anoka County, Minnesota; and WHEREAS, Seller and Buyer desire to amend the Purchase Agreement pursuant to the terms of this Amendment. NOW, THEREFORE, In consideration of the foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Buyer agree as follows: 1. Due Diligence Period. Notwithstanding anything contained In the Purchase Agreement to the contrary, Section 5.a, of the Purchase Agreement shall be deleted in its entirety and replaced with the following: "Buyer shall have the right during a period commencing with the Effective Date and ending on April 1, 2017 (the "Feasibillty and Inspection Period") for the following: (i) to determine that Buyer is satisfied with any appraisals, surveys, reviews, inspections, investigations and testing (including without limitation soil, environmental and engineering tests and studies) of the Property made by or on behalf of Buyer; (ii) to obtain all preliminary governmental permits and approvals necessary or appropriate in Buyer's determination for Buyer's intended use of the Property; (iii) to determine that Buyer is satisfied with the Seller's Due Diligence Documents and the matters disclosed therein (collectively, the "Buyer's Contingencies"). If the Feasibility and Inspection Period ends on a Saturday, Sunday or legal holiday, it shall be extended through the end of the next business day." 2. Definitions. Except as otherwise provided in this Amendment, the terms defined in the Purchase Agreement will have the same meaning when used in this Amendment. 3. Counterparts. This Amendment may be executed by email transmission and/or in any number of counterparts. Each party may rely upon any emailed or counterpart copy as if it were one original document. 70 IN WITNESS WHEREOF, Seller and Buyer have executed this Amendment as of the Effective Date, SELLER. The City of Centerville, Minnesota Executed on: Date: By: Name: Title: Executed on: Date: 2-- Z 7 ~1�Z- Date: Z " 2 71 BUYER: ,y Sophia Pederson Ruffridge-Johnson Equipment Co Inc 3024 4th Street SE • Minneapolis MN 55414 TEL 612 378 9558 FAX 612 378 9385 February 27, 2017 Mr. Mike Ericson City Administrator Centerville City Hall 1880 Main Street Centerville, MN 55038-9794 RE: Lot 2, Block 1, Clearwater Business Park, Anoka County, Minnesota Dear Mike, 0 y"dge I ii I have been advised that there are several issues pertaining to the referenced property (the "Property") that need to be resolved to my satisfaction on a timely basis. If these issues cannot be satisfactorily resolved, I will have to terminate the purchase agreement for the referenced property. According to the Purchase Agreement, March 1, 2017 is the date on which the Feasibility and Inspection Period ends. Following are some but not all of the concerns that I have at this time: Rice Creek Watershed District Permit Application Number 16-116 (the "Application") The City of Centerville is identified as "Applicant'. The City of Centerville (the "City") is also the current owner of the Property. My expectation is that the City is responsible for satisfying all requirements the Rice Creek Watershed District ("RCWD") has imposed or may impose on the owner of the Property in order for the RCWD to issue all the permits and approvals I will need from the RCWD to build the improvements I have planned on the Property. The City's obligation to maintain stormwater facilities shall continue after a sale of the Property to me closes. These maintenance obligations pertain to stormwater drainage facilities that serve the Property that I intend to purchase but also other properties as well. I hereby request copies of all existing maintenance agreements that the RCWD has specified in order to grant the permits and approvals I need to construct my planned improvements. For example, paragraphs 4. And 5. in the Administrative section describe obligations to memorialize responsibilities for stormwater facilities that the City must submit. In the Findings section of the Application, Paragraph 2. Stormwater — "As -built records of the stormwater pond were submitted for the NURP pond in 2008 verging that the pond was constructed to plan, however applicant must submit evidence of maintenance or arrange to maintain the pond during the construction process. Based on District LIDAR, the bio -filtration basins were constructed, however as- builts must be provided to confirm the size. An acceptable maintenance obligation must be submitted (see Finding 7for additional details). " This is the City's obligation. Construction & Mining Equipment Since 1936 72 Mike Ericson — City Administrator City of Centerville RE: Lot 2, Block 1 Clearwater Business Park February 27, 2017 Page 2 of 3 Paragraph 7. Documenting Easements and Maintenance Obligations in the Findings section states: "Per C. 5(a), when an existing regional BMP is proposed to manage stormwater runoff, the applicant shall show the BMP is subject to maintenance obligations enforceable by the District. The existing maintenance letter submitted under permit 05-110 is not considered acceptable. Applicant must update maintenance obligations in a manner acceptable to the District. " Further, I request that the City shall confirm and warrant that all work required of the City as owner of the property by the RCWD has been done or will be done to the RCWD's satisfaction prior to my closing on the purchase of the Property so that no further work will be required of me unless it is the direct result of my construction plans for improvements on the Property. I also request that the City provide me with complete copies of all documents and maintenance agreements that attest to the work the City has done on the Property. Soils Conditions I understand that Jay Thorson has talked with Centerville's City Engineer and you regarding soil conditions on the property. Jay has also had soil borings done on the building site. I understand these borings revealed that organic soils remain on the Property and may need to be corrected. I expect that if further work needs to be done to correct soils in order to make the Property buildable for my planned improvements that the City will pay for any additional cost. I understand that Jay Thorson will be obtaining additional reports that describe any conditions that need to be corrected. He will submit a copy of any such reports to you together with a bid for the work from a qualified excavator. He will then authorize the corrective work required with the understanding that the City will pay the additional cost. Proposed Fees and Charges — I have reviewed a list of proposed fees and charges from the City based on the improvements planned for the Property (see copy attached). Several of the proposed fees and charges appear to be redundant. Other proposed fees and charges are typically paid by the land developer (in this case the City of Centerville) and subsequently reflected in the land price paid by a buyer. I am prepared to pay the following fees and charges shown on the attached summary: Building Permit $13,109.49 Plan Review 8,521.17 State Surcharge 1,110.00 Sub -total $22,740.66 Water Access Charge (WAC) $10,027.00 Sewer Access Charge (SAC) 11,182.50 Sub -total $21,209.50 73 Mike Ericson — City Administrator City of Centerville RE: Lot 2, Block 1 Clearwater Business Park February 27, 2017 Page 3 of 3 1" Meter Sub -total TOTAL PAYABLE $ 527.00 527.00 $44,477.16 I understand that you have previously agreed to waive the following shown on the attached summary: Sewer Access Charge $6,500.00 Water Access Charge $8,100.00 The following charges and fees are, I understand, typically paid by the land developer and are then reflected in the cost of the land rather than as separate charges to the land buyer. Therefore, I decline to pay these charges and fees: Storm Water Area Charge $15,246.00 Park Fee $10,875.00 In summary, I will pay only the fees and charges shown above that total $44,477.16 If the City of Centerville agrees with the terms and conditions I have stated above, please have a copy of this letter signed by the mayor, or any other person with the authority to bind the City, and return a copy to me prior to March 1, 2017. Pederson UNDERSTOOD AND AGREED TO this CITY OF CENTERVILLE M. ITS: 74 day of February, 2017.