HomeMy WebLinkAbout09-06-16 CCMPTIRI CITY OF OurMission is to PivpideQualio PublieSeivices in a Fuealjh Responsible
Jklanner 117bile Preseivin
LAKE T-'"LMO g The Qly Open Space 05araefer
NOTICE OF MEETING COP]
City Council Meeting
Tuesday, September 6, 2016 7:00 P.M.
City of Lake Elmo 13800 Laverne Avenue North
A. Call to Order/Pledge of A*gianc
B. Approval of Agenda
C. Approval of Minutes
1. August 16,2016
D. Public Comments/Inquiries
E. Presentations
F. Consent Agenda
2. Approve Payment of Disbursements
3. Approve the TNT Public Hearing Date for the 2017 Budget and Tax Levy — Resolution 2016- 72
4. Approve Master Subscriber Agreement and New MGA Request Form
5Approve Village Preserve Easement Vacation — Resolution 2016- 73
6Village Preserve 0 Addition— Approve Reduction of Security #3
7. Approve 5 1h Street Irrigation Standards/General Irrigation Standards
8. Approve Service Contract with Youth Services Bureau for 2017
9. Wildflower at Lake Elmo I " Addition — Approve Reduction of Security #4
io. Approve Grant Application for Sunfish Lake Park Trail Grooming Reimbursement — Resolution 2016- 74
G. Regular Agenda
it. HAIRitage 'Hous Massage Therapy Premises Permit Application — Public Hearing
12. The Royal Golf Course at Lake Elmo Concept PUD Plan
13. Tartan Park Comp Plan Amendment and Rezoning
14. OP4 Boulder Ponds LLC Zoning Map Amendrnent/PUD Amendment — Ordinance 08-149
is. OP Ordinance — Ordinance 08-152; Resolution 2016-75
16. Ordinance Amendment: Exemption from Platting for Subdivision of Property — Ordinance 08-153;•
Resolution 2016-76
17. Authorize Advertising for a Building Inspector
is Old Village Sanitary Sewer Extensions — CIP Phasing and Assessment Plan; Accept Sewer Petitions
ig. Financing Matters Related to Downtown Project
2. Tablyn Park Upgrades
21. Easton Village Park Additional Cost
H. Staff Reports and Announcements
1. Adjourn
wi=
CALL TO ER/PLEDGE OF ALLEGIANCE
Mayor Pearson called the meeting to order at 7 0 Put.
PRESENT. Mayor Mike Pearson and Councilmembers Julie:Fliflet Anne Smith, Justin Bloyer,
and Jill Lundgren.
Staff present. Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Finance
Director Bendel,;Planning Director Wensman, and City Clerk Johnson,
APPROVAL OF AGENDA
City Council Reports were removed from the Agenda.
Councilinember Lundgren, seconded by Mayor Pearson, moved TO APPROVETHE
AGENDA AS AMENDED. MOTION PASSED — t .
ACCEPT MINUTES
A clarification was added to the Approval of the Agenda to reflect that an item was removed
from the Consent Agenda. Minutes of the August 2, 2016 Regular Meeting were accepted by
unanimous consent as amended,
PUBLIC CsC)MMENTSANQUIRIES
Nadine C bernmeller, 8696 42"d Street Noah, commented on growing layers of over -sent and
cautioned against too much government growth
Virginia Pleban, 8245 59`h Street North, spore about communication and encouraged listening
with an open mind.
PRESENTATIONS
Promotion of Two Probationary Firefighters
DATE. Motionpassed
conductedFire Chief Malmquist the sweanng in of Firefightersi
sm
3. Approve Payment of Disbursements
4. Accept July 2016 Financial Statements
5. Accept July 2016 Assessor's Report;
6. Accept July 2016 Building Department Report
. Accept July Fire Chiefs Report
. Accept July Public Works Department Report
9. Approve Special Assessment Abatement .requested. by Washington County — Resolution
2016-66
. Approve 2016 Seal Coatt Request No.
11. Approve 2016 Street, Drainage and Utility ImprovementsRequest t
Approve12. tt t Request t
13. Approve Ittt Booster t t,
14. Approve Intt .tt Order t
15. Approve Intt + r No.
ITEM a Dan Greensweiz LMCIT Assistant Administrator
coverage's Mr.urancet • + will be Greensweig reported «
deductible.reviewed by the LMCIT Board of Directors. Greensweig outlined reasons for concern over the
risk level and stated LMCIT staff is considering recommending a higher
City Engineer Griffin reviewed the request for the Council to order a feasibility report for the
CSAH 13 project so the costs can t be assessed to the benefitting properties.
Councilmember ren, seconded by # # APPROVE
r O %.# t ORDERORDERrNG PREPARAFE4SIBILITY rs
By FOCUS ENFFOR THE .r
AMOUNTTO EXCEED OF f% Motion
s � J' s t • �, # � � a t'
Planning Director Wensman reviewed application to rezone two outlots and adjust the
the need for the density. Discussion was held concerning the density that was approved with the final plat and
applicantjoin the two outlots in one Ben Sclunidt of
Excelsior Group provided background on the zoning and stated that the group plans to con
senior housing on the combined •
ChapterITEM 19- Title XV, « of t, CiY Code Related to Teffigorar
Health Care Dwellings
City Planner Wensman reported on for t use of
allowtemporary health care dwellings. Wensman explained that the City can pass an ordinance to opt
out of the law and not
commission.
Councillnember Smith, seconded by Councilmember Lundgren, moved TO tre
#,DINANCE%iOF MINNESO TA S TA SECTION #
Motion passed
LAKE A CITY COUNCIL
AUGUST + a
ne proposea
Councilmenther Fliflet, seconded by ,, Smith, moved TOAPPROVE
concerning,Discussion was held in the City. Resident BarTy Weeks commented that his dad had an average of # #
about 150 pigeons
on a one acre lot in the past with no issues. Staff was directed by Councilconsensus
keeping of pigeons without regulation.
Motion withdrawn.
1111 Intl
#
STAFFAN0 THE PLANNING CO / HOLD
ORECOMMENDING
REPEALS ;' OF 1
CODE.THE C[7T eabstain)
1 # I . IWIMMMUrall
AgreementCity Planner Wensman reviewed changes to the Developer
areastemplate in the #landscaping,# tree
replacement,#
some of the changes.
Pearson,
Councilinember Lundgren,moved: RESOLOVY
Motion2ND ADDITION WITH A CHANGE FROM ONE YEAR TO TWO YEARS IN SECTION 35B.
passed
City Planner Wensman summarized the history and current status of the project. Wensman
noted that the developer has agreed to install the trot lot as an H A amenity to be installed at the
developer's expense and awned by the HOA. City Attorney Sonsalla read suggested changes to
paragraph 22, "Park Dedication", Chick Alcorn spoke can behalf of the developer and confirmed
the commitment to installing the tot lot.
X
Councibnember Bloyer, seconded by Cou cibnemberX Smith, moved TO ADOPT
RESOLUTION .fib- 0 AS AMENDED To jNCLUDE THE NG+TJ. GE SUGGESTED BY
THE CITYATTORNEY. Motion passed 5 -- 0.
ITEM 24: RFP for Job Classification and Compensation Stud
City Administrator flandt presented informationandrecommendations from the Human
Resources Committee for a job classification and compensation study, noting that the
information would also be utilized in the pay equity report due to the state in January 2017.
Councitmember BZ'o er, seconded by Counciimtember°Lundgren, proved TOAiUTHORIZE
THE ISSUANCE OF REQUEST FOR PROPOSALS FOR A JOB CLASSIFICATION
AND COMPENSATION STUDY'lotion passed 5 --- 0.
ITEM 25`: An Ordinance Amendinp, the Lake Elmo Cily Cade of Ordinance by Amending
the CLq's Provisions Related to the City Council and Sununan Publication
Administrator H ndt reported that this item is a follow up from the August 10, 2016 workshop
discussion regarding changes to section 31.04 of the City Code;
Councihn ember Smith, seconded by Mayor Pearson, m oved TO APPROVE ORDINANCE 08-
150 Friendly amendment accepted to add "from Council" after "All requests" in paragraph 2a
on page 10; strike "by roll call vote" on page 9, paragraph C4, and to add that Council Meeting
packets will be delivered 4 days prier to the meeting. Motion passed 5 — 0..
Mayor Pearson, seconded by CouncilmemberSmith, moved TO ADOPT RESOLUTION 11 -
69 APPR 1 VING SUMMARYPUBLICATIONCIF ORDINANCE 08-15 0.
ITEM : No -Wake High 'Water Elevation Level for Lake )fie ontreville and Olson Lake
Administrator llandt reviewed her staff report regarding possible review of the no wake
threshold on Lake Demontreville and Edson Lake. Councilmember Lundgren stated that her
intent was for all four lakes to be reviewed, not just D montreville and Olson.
Terry Boczek, 81101 emontreville Trail, stated that a compromise was reached on this issue a
few years ago and it is working..
Patrick lean, 808 bill Trail, reviewed the history of the no wake ordinance and stated that lake
owners are losing property rights.
Debbie bean, 8028 Hill Trail, stated that the Lake i emontreville & Edson Association is a small
group ofresidents trying to restrict lake usage.:
Cory Boudreau, 8382 Hidden Bay Trail, spoke against lowering the no wake level, stating that
boat traffic is very low and not causing an erosion issue.
Dave Carlson, 8554 bidden Bay Trail, stated opposition to any further restrictions on the lakes
and added that he disagrees with the facts in the LDO letter.
Page 4 of 6
AUGUST 16,2016
than Stoudt, 8012 Hill Trail, stated that further lake restrictions will prevent him from being able
to utilize the lake with his daughters.
Roger Johnson, 8048 Hill Trail, stated that the LDO's purpose is to protect the shore of these two
lakes that are small, shallow, narrow and busy.
Jim A.rkell, 8131 Hidden Bay Trail, stated that the current lake level is working and he enjoys
being able to use the lake with his granddaughters.
Tom Bums, 7962 Hill Trail, reported that he has no issues with erosion on his property and does
not want additional restrictions.
Brenda Jo Carlson, 8554 N. Hidden Bay Trail, presented historic infon-nation on lake levels and
stated that additional restrictions reduce property values.
Steve Schleicher, 4774 Olson Lake Trail, stated there is no evidence the current level is not
working and there is no need for the Environmental Committee to review it.
Karen Slakey, 7872 Demontreville Trail, asked for the current level to remain in place and allow
residents to use the lake.
Gary Fields, 4751 Olson Lake'Trail, stated that he sees erosion on his property and others and
supports sending the lake level to the Environmental Committee for review.
Trevor Judd, 7920 Hill Trail N., stated he moved to Lake Elmo to enjoy the lakes and opposes
any changes.
Anne Judd, 7920 Hill Trail N., stated that she bought her home on the lake so she could train for
waterskiing competitions and teach kids to water ski, adding she is opposed to any further
restrictions.
Link Lavey, 8510 Hidden Bay Trail, paddle boards on both lakes and supports sending lake
levels to the Environmental Committee for review.
Dale Dorschner, 3150 Lake Elmo Avenue N., expressed disappointment that the Lake Elmo
Association was not notified and asked that take level matters be left to the DNR and watershed
districts,
Tony Nelson, 4535 Lake Jane Trail, stated he has noticed a lot of erosion during ice out and
heavy rain, but boat damage is very small.
David Offord, 9369 Lake Jane Trail, stated there is a lack of data from experts and asked that the
city not reconsider lake levels without data.
Councilinember Boyer, seconded by Councilineinber Smith, moved TO REFER THE NO
WAKE LUGH WATER ELE PA TION LE VEL FOR LAKE DEMONTREVILLE AND OLSON
TO THE ENVIRONMENTAL COMMITTEE WITH THE UNDERSTANDING THAT
•
t
EVERY MEETING AND SUBCOMMITTEE BE VIDEOTAPED. Motion failed 4 — — 2.
Fliet, Lundgren, Smith — nay)
Councilmenther Lundgren, x I
WAKE HIGH WA TER ELE VA TION a VEL FOR ALL FO UR LAKES TO THE
ENVIRONMENTAL/ Friendly amendmentaccepted
meetings will be videotaped. Motion passed 3 — I — 1. (Pearson, Bloyer — nay)
City +Clem. Johnson: Announced that the candidate tiling period for City offices closed and
candidate names are pasted on the City°s website.
Finance Director Bendel. Working can finalizing the budget and stormwater assessments
City Attorney on a la: Working on nuisance ordinance update:
Meeting adjourned at 11:53 pm.
Julie Johnson, City Clerk
Pearson,Mike
s
LAKE ELMO
MAYOR& COUNCIL COMMUNICATION
DATE: September 6, 2016
CONSENT
ITEM #2
MOTION
AGENDA ITEM: Approve Disbursements in the amount of $455,115.02
SUBMITTED BY: Patty Baker, Accountant
THROUGH: Cathy Bendel, Finance Director
REVIEWED BY: Cathy Bendel, Finance Director
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item - ....... ........... ....... ...... . City Administrator
- Report/Presentation .... ...................... ...... City Administrator
- Questions from Council to Staff.. . .......................................... Mayor Facilitates
- Call for Motion ...... .......... ......... ........ - ... Mayor & City Council
- Discussion. ............... ......... Mayor & City Council
- Action on Motion...... ........ --- .... ..... ......... Mayor Facilitates
-7-3-7-2
is asked to approve disbursements in the amount of $455,115.02. No specific motion is needed
as this is recommended to be pat t of the Consew Agenda.
-- page 1 --
[Cans entAgenda Item 2]
BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the
fiduciary responsibility to conduct normal business operations. Below is a summary of current
claims to be disbursed and paid in accordance with State law and City policies and procedures,
Claim # Amount Description
ACH
$ 14,540.60
Payroll Taxes to IRS & MN Dept of Revenue 08/18/16
ACH
$ 7,260.25
Payroll Retirement to PE RA 08/18/16
ACH
$ 1,200.00
Payroll Retirement to lCMA 08/18/16
DD7359-DD7392
$ 35,159.15
Payroll (Direct Deposits) 08/18/16
44745-44754
$ 7,963.65
Account Payable 08/31/16 Month End
ACH
$ 14,11125
Payroll Taxes to IRS & MN Dept of Revenue 09/01/16
ACH
$ 7,29&09
Payroll Retirement to PE RA 09/01/16
ACH
$ 1,200.00
Payroll Retirement to ICNIA 09/01/16
DD7392-DD7425
$ 34,35128
Payroll (Direct Deposits) 09/01/16
44755-44857
$ 332,030.75
Accounts Payable 09/06/16
TOTNL
$ 455,115.02
RECOMNIENDATION� Based on the aforementioned, the staff recommends the City Council
approve as part of the Consent Agenda the aforementioned disbursements in the amount of
$455,115.02.
ATTACHMENTS:
1. Accounts Payable — check registers
-- page 2 --
C>
C> 0
C> ca
0
0 0
z z z
04
14
C, C,
0 1=
C;
C>
00
11
CN
00 00
-,t ci
0
00
m
00
44
:4
P4
�5
u
bo =
rl)
kn
Ct
C�
In
100 15
kn
kn C) if)
wl
00
-
41cry
en
tn
V) kn V�
An
1 't 't
t'- 'T
w en
I
m
tn
00
V,
00
M
C14 CN N
6
0
0
0
4=
C7
Cl
0
C�
0
C>
CD
0
C>
0
8
0
C>
0
z
z
z
z
z
z
z
z
z
z
z
z
44
w
4,
Gi
22
m
rq
C�4
N
N
C,
CD
B
Q
tt
kd)
11.1
14D
fn
cn
W)
in
c' 014
wl w!
N
to 'n
0�
CK 0?
00
F-.:
4)
tri
tn
0�
N N
14 C14
11 cc
V) W)
"i
kip
06
C,
-6
C>
m
ON
LC}
ci
m
(z
cd
GTi
2
.5
nw
CO 44
.4
0
0
'44
'=
p
*,Z•
8 'Cr
0
0
0
kn
tt
0
0 cc
B 0
w
C
Do
00
00
kid1101
U
to
00
Do
00
00
00
00
>,00
00 �o
00 .0
Cy
N Cy04
sy
-ID N
C4
F=4
10 C'4
"0 C',
OR
CN -0
N gi
00
;:i
00
!Z Y-
00
�R 5
00
00
0
C>
cli
kn
ri
rq
N
C14
to
N
to
N
0
Cy C>
r4
C>
C5
rq Cs
Cl
M. C7
0
M C)
I. C5
W)
00
C>
't M
(n CII
VI
kn
00 In,
00 le?
00 tJ)
00 10?
0, It?
6
000
00 C)
000
000
C� C�
tn
krk
le)
U-,
tn
C� tittn
L')
in
tit
rq
N
C4
10
C'�' CD
110
C� 0
m �o
C� C)
m 141
-Ci C)
m �o
C4 C�
") ICI
C� Cs
m
Cl 0
vi �o
Cl 0
m �10
0 1=
m
lz4 0
m �o
C) C�
m %0
C., C�
C14 C14
N N
cli N
1-4 N
C-4 C4
rIq C14
C11 N
N rl
r�q N
C-4 C11
C14 N
" N.
in: N
c
C
a�
0
a
o
�
ca
s
c;;
ca
c;
c
c
wy
v
c�
C>
ca c
C:
{°,, .
"^ r M fin.
t` i
Lei
0
p
a°
ON
«>
ca
Cd r,°
'
c c>
cro ci
e> �
c
P4,00
°
00
a IT
IT IT
inN
wC>t-
°mac
Or)c,
c°
as
c
I
Z-'
I
I
H
a
a
m
1
CZ C> �
o C:a o C) C> C> 0 C> 0
0 0 0 0 0 0 0 0 0 0 0 0 0
z z z z z z z z 4 z z z z
cR C>
R
ca
C� S
9 9
S S" S S
cr
0 C)
0
0 C> 0
C> o 0
o C., C>
C
ON ko 0 0
It It t-- kn
0 0 t-
t-4
":r
Ca 4 C;
4 kri 6 0�
C, N cr,
14ri
o
rq
0
to
r-
c z �o 'o o
03
E
P,
C9 cq
i4
0
o r-
cn
co It
V'lr cr r
ca
ren
U 17
Ir 4
cp c 0 0
1 1 1
0 C> C� C)
C� 0 0
o
C'4
'n = N C>
C> o
Irl
o6
d, o
0 6
r-
0
uz
a
00
00
00
C)
_0
C'4o
tq
N
11
0
0
C>
0
z
0 0 Z 0 z0 0 0 0
Z Z z z z
a: CIO
,It
m
bp bo
0
-Z
I
CIO
0. a, 0. � w P. rL
C14
ON C%
00 00
At)
W) tn
r�-
00
00 00
cq
C>
in m Do
W!
M
C�
Ev s
In
Cd 0�
>1 CN
n:
t)
To
r-
= 'a', 8.
cl,
V
wCt
o" 4) LU
00 2 00,12 00
00
u
C>
00
00
0 00
00 00 00 00 00 00
C>
tl) 0
0
m
cz�
C>
(14
4
�q 74
kA
0
0
Q q%
8 6-1 6
f14
ol
V)
<
ay
Clq
19
5
00
C-1
1
t
00 00 00 1 00 00
N-
00
C>
0
C)
z
z
4t
0
;61
Cd
42
Wry
2
0
0
ICI
00
00
00 00
tn
00
rn
In
m N
It t
m �,o
ca
00
m
C-4
tu
P,
I'D zz
z
cq
U rq r,4
t R
cn
00
c,
Lei
4-
rq
m
z tn
V)
CN
ol m
m
kn
rq
r-
00 110 00
0
z
wt
0
03
C3
ON
0%
a
ON
ON
Do
to
td
C>
0
C)
C!
0 C>
C�
c
C> 0
ON
0 o
kn kn
0
C>
Ch 0,
kn
C4
ON
Rd
0
-Q
g
-,;
0
-a
"F�
C3
Ln
9
U)
:4 0
C-4
tn
X, 54
kn
C,4 cl
A:{
V-1
. IN
45 —
al
00
00
Q
0
w
00
C�
w
�E
oo
0
w
Z
00
:::>
00
C>
t6 C>
M
C>
0
tr
tn
.44
6
u
C�
P.
47
33
Cd
Gd
us
f
Ca
caCD
11>
C� C�
C� C>
0 C>
0 0 C�
C� ::�
0 C>
=�
0
6
00 00
C> 0
0 op 00
--7
C� C.
ON ON
14
7,5
ON
79
ci
44
as
F-:
toll
Z
V
:4 �3
Q v
10
It
0 00
C,
00
00
0
00
00 921
00
cn
in
Ei
C�
C>
IM
0
tS
C>
C)
Ei
old
4:8
tj
46
Z!
2
12,
CN
C11
MY
ac"
C�
C>
C>
0
Cl
0 C>
00
C� ON
c 1
Gt Cct,Ci
00
0 C>
0
44
Ch
t6
cl
co
CIOVt
C4
tz
VI
00a500
C>
10
C)
C5
—C,
no
C>
Ul
C>
z
z
0
z
Cal
ON
tO
to
:3
01)
cli
C>
za
5,51
C�
C>
C)
C>c
kn
CD
C> C�
C> 0
C�
::>
C� C�
C>
C> C�
tz
to
03
co
g
CA
wE
(4
40
C)
0
to
v 0
0,
00
w
C�
71
m co
W)
CY
MUM
C
Cc>
00
C>
00
4-
p
C>
0
C-)
"t
CLO
b
A.
CY
z
0
C>
<
qt
C>
0
C>
C>
4=1
to
ho
CN
iS.!
0
!B4
Sol
C�
ci
C�
C�
C> C�
=� =�
cl,
C� C�
C) C>
C� C�
tz, 0
C�
cl
tN
a\
0
5
03
tt
V
_g
V)
oo
co
00
tz
A>
V)
4-,
13
t-q
cn
cv
00
Q?
00
0
-Z C�
C*
cn 0
C�
00
cz C�
00
to
00
C�
m
0
b.0
C>
0
V
r
CD
Clq
Clq
N
44
C4
rn C14
0-0
00
00
00
ON
0
'5
co
Ea
i
C)
C>
z
z
z z z z z
4 z
z
z
z
z
z
LhA
0
0
=v
C
C>
Q
C>
Cx
C
I.
C> C.
9Cat0
C>
C>
C)
C.
C�
C� C> <> Cl 0
C> C� C� lz�
8
g
=>
0
C>
C>
C>
C>
0
N
--�
C, 00
(5 C�
1=1
5 C�
C5 N
o C�
C� C-1 C> C> C,
C� 0 C� 0
00
0 00
C4
,z kn
'C',
00 ON
OC 06
0� 11C
fli
C.5
00 00
0�
ICY
(I-
vl�
00
C4
cn
10)
G
W
00
0�
Lo 00
ON
Ln 00
CN
V)
oo
00
oo
w
Eli
P.i
C� cz�
0
cc
Q,
iz!
Q
Q4
Q
OD r- to 00 to
to to
IM
to
C4
jz� to
ffl�4
M
CIZ4
bo
Q % Q W
�W
td w-
-
t-
— j�
{4
W
C�
00
00 w 00 00
00 00
00
00
00
;6
00
C>
C�
C�
0 c� C> 0 0 C+
C> C,7
C)
C
C>
0
C> C C)
cn m M m m
C�
rn
C>
1=5
fl)
C)
m
lz>
m
6n
Ca
C>
IT IT
0 C> C> C>
0
C�
Cl
C>
C4
4�1
iN
C114
"0 vi in tn in in
. 00 00 00 00 00
I�f
00
:,
00
:,
00
9
t}
C�
C�
C>
tn CC> COn C C
;:5 ri N fn N
ON
0�
00
00
00
r--t,
0, C� owl owl Cr*wC'�,
'O� F> owl £�,
00 m
C� C>
0,
C�
ON C>
on cr�
ON C:�
00
C, C>
Cam.
00
00
00
LL» cq — N N cli CA
N 'o N '10
(14
r,4 'r
N 't
CV Ntr
C14 10
C>
C
C)
4=1
C?
C>
C
C.
C
C.
Cd
z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
cu
4W.
w
OJD
0
Eel
m
W
cn
C,q
rq
141
p
yy14:>
E3
IP
17,
C7,
CD
tv
oc
6
r-t In
It
cc 0�
5
wl
o
'IT
ct
5
rN
m
ON
lll�
kn
C;
00
11,
V)
00
r-
t;
rn
crE
lc�
tnrr
CT rq
rx
ca
49
s m
00
00
Ol
CC
C�
00
ol
0�
C�
rq
Cq
a,
I
tw
t�iij-
00
00
Z4
00
4
g
rq
— "j
—
<>
00
00
00
00
00
Cs
00
00
v,
0,
00
00
C
Cs
m
C+
m
0
m
C>
m
C.
fn
Cl
m
0
en
2
C>
rn
rn
N
'IT
�T
In
C>
kn
C)
0
g
8
C
6
C)
ce
,',I
"A-
C>
I
0
00
I
91
-ItC,7:
91
Cs00
00
m
44
0�
C)
00
00
00
00
co
'T
0 'T
m
00
oo Cq
00
Q-1
�;�
Ol C�
(71 C�
C31m
C.
m
C C
m
C.
C11 tr.:
r4 "It
N d
N I'D
CN It
rq It
C4 —
rxt 00
N rx
rn 00
m 00
m 00
Ca
c
Ck
0
0
0
C>
0
4�>
C�
Cl
0
C>
C�
C>
C�
1=
0
C>
C)
C>
10
CD
C�
C>
<:=
C>cc
W
4.
ti
C-
o
M
Qn
w
N
LT 1
En
�c
14D
110
'10
ra
C>
NO
73c
Q
Sol
S.!
Z�
1-0
�"25
C>
�Qo
6N
C3
ON
C�
C�
C>
Ca
C>
IR
C>
C>
C,
Ica
IR
C
45 C�
�0
N
c,
5
�o
C> C>
C> C> C>
00
ci
t'-
tei In
ci
r-Z
vi Ln
C,
C>
00
,It
C>
C>
C>
m
R
C>
C�,
W n
1�
IV
Cq 0
JR 0
CR
c
p
�Z! �02
i�z >
>
>
z
,
mrt
00
CSS00
00
00
00
00
00
00
60
00
00
00 0
00
C>
C>
0
C>
C>
0
C>
C>
C�
C7 U�
C)
C>
r14
Clq
hi
N
N
C14
rl
Clq
r14
m
cl
C�
CV
�N
C�
1�1
72
C>
C�
C:>
Ca
C5
C7
C>
C>
C>
C>
C?
m
I.
r—I
0
0
0
0
C>
C�
0
0'
C>
v
9
WI)
10
t,
00
F-
m
�ln
C�
0 A
C) C=
0
c:>
C5
C>
C,
CP
M,
C�
0
C� 0
C) C>
C>
00>
m 00
m COcc
m 00
m 00
M 00
flel 00
m 00
m C4
rn 00
(1100
M —
m 00
�a
Ak
w
tn
c,t
1�
rl-
C�
C� 01
0
z
0
z
Z
si
ar
0
V)
z
C4
o
10
C�
C>c
C
c
c c
c
c3C�
C,
C�
110
"R
C� �o Cl
C>
CD
47>
00
C14 cl-
C) C14 t-
C�
00
00
C7\
lu
4-�
c>
u
M
11
rn (n
Y)
4E
t�l
7� 19 Q
> 6N ob ri. w 0,00,
000 0
7 0 0
00 00
Do L4 �s
Z, r-
0
> C)
0
C>
00 QQ 00 00
0
0
C> C,
J C)
C)
>cr
c-
m N
-�t It C14
Icl
rq
C>
> c,
00
M M Cq
C4
m C) c,
ryry
m
PC
oz 2�
I
N
9 00 CIS
11,81,18
m C>
— 00
12
Cy
0
0
C>
0
0
C>
0
z
z
z
bO
94
C> C> 0
C)
tri vi kt�
0\
ON
ON
00 00
00
Cq C4 N
tr)
is
00
I—
m
00
rrnEl
P.
E
5
E
5:5
CO
00 00
oo
712 0
C>
C>
c>
Li.
4
g
0,
Ell)
00
00
00
C--
C>
c7
c> C>
c
c>
c>
C
0
C
CD
C>
c
C>C>
C
0
0
C C
C
C
C>
C
C
C>
C>
c
C
C>C>
c.
z
z
�r
C6
On
00
00
00
0.
oo
ON
00
ell
.0e0
ol
ON
v`k
�,r"t
ON
Ck
14
f
U
w
lu..
Sl
14
Ic
C"i
"
�d> Q.
C
C3.
tT,
�
GG't
Ca:
C Cl,
3
C7.
lzi
C5.
t'ai
sCt.
C>
C C?
y
C>
CQ
C
C C7
C7 C
'?
C` �. y..
Cy.
G
C C
Ca
C� C.
C> c, .
C
C' may.
C , i
C> C
It ,-:.. :.
y15
�..
It
in 3t'i kri
3p.�.
to
kn
V; `'.
cq
Cq
i^#
tn
iF7
C.:
QT
di
9s
ai
Ci
`�
0
kn
w
C*d
N`i
kn
4y'7. „jg
Ci
C`^00+,
N
tU
wi ".�
44
f33
b0. wt.
�
ift
M.
i.. C#
i4
1:.. "M^t
KCS
} N"t
m CV
.`tS
e+i C$.
3i$i s'�Y
m Cil
} s1k
00 'o �'
Cam: >, Z..
w-d
art
A.
M:
M 1
A.
Z. h
u�
_
0
_
UiCu
_
�u
_
ui
_
a ��
� o
a y
N
N
(+.y
Ct,1 C3
N %vx
t`3 Z5 •VMi
C' . `tn
( "tY1^ N F4
'^�`i
w Cy 6} C7' {IJ q
{>
N Q
CJ. O
tV C1
N' N,..
00
00
C<k
.`w..
4'J:
.ham 4dw
iKt
00
�.
�'' C'> C. C:
C
C>G"+
C>
C>C
C
Ca
C7
1=
<:?
C
C
C
C
C
C
C
.
.
CAN
N
":
l
N
N
N
0ri
N
C14
01
N
N
N
S�'.t
[{'} 00 00
N
rarica
N
tv
r�
N
tv
ca
ra
C
C7
C
CY
C>
C
C
Ca
C7
C> C>
It r1l C
` +.
C
3
C
tp
C�
e¢.
{*,. C7
C
4: 3
C>
11G. 3
h-
C
OQ e
— :?
i
C?
GC
CLI. t*1 M
M
M4
u
C3
00
CN C?
N C
-.
cYr C
C
M, C7
m C>
m C
C<5 C
00
sue.:
i {
�y
3
#
i C
�: i
C
3 C
�`k !
C
i s Ci
3!S #
—C
i
3i3 !
uiC
1. C
V� i
usC
f
i(J.
�
#
31^J 1
uyC�
1 (�
�'t !
C
i
�i.
CnC
3.
4"i
� ��
w..
«�.+
C C
•-r. C1
'. C>
C C+
: t"13'1
JC>
CJs*"7.
C7 C�
MY
C. C?
i*S
Cw} C>
C3
Ci. i'
i�a
N 00
Clq 00
N 00
N 00
r4 00
N 00
N 00
N 00
- 00
tV. 00
N 00,•.-
*� .,-.� kp ,-F
3
w
tm
lz
C>
z
cy
:2
C,
C>
Q
oo
00 00
C) C>
10 oo
C\
oo
w)
C>
In
oo
C-4
00
M
wi
4
C-i
rl
iri
ca,
J
rq
to
to
N
rl c
t I
43�
— ,
DO oo
2
3
�R
oo 00
S
oo on
—
00
oc
wz
m C>
-0
Cl
C�
r-
oo
C�
00 oo
>
fClA
t5 C�
a
0
kn
CD
C)
0
q.
m m
00
fn
rq
m
C-1
C-4 m
ol
r-4
Cq
lot,
C4
Irl
'IN
w
rq
m rn �
R
z
z
fo
cz
4E'
C>
C)
kt�
110
:2 M
Iz C�
V-�
00
wl vi Ul
C5 C>
kn tn
ad
co
th
0 0 v lt�4
to
L"
V) CIO
U cc
to
wo
Cd N =
:3
Cq
o
00
J3 00
-ti 00 00 cc
Y)
0
C>
0 C.) 0 C)
f
00 c4l
C14
C> 0 C,
kn W) kel�
co 1�r
C� C�
kn CJ
Cy
R,
I
LT.
It
ON
Cp
At
IN
2 Rn
ON
rn
C>
I'D
0 G 73 G 2a 70 C2
7— It 110 It \10
00
C-1 ram
It �o
1�0
00 r1l 00
I
N
-V-
Ok
1 0
C> C�
C� CD
z
0 0 0 0 0 0 z0 0 0 0
z z ;z z z z z z
all
bo
wl
121
�o
00
ca
0
to
C9
C�
C!
C>
C>
C)
L
Ci
lca
I=>
C> �--
C, 0
C?
C) =>
C�5
4-- C�
4:� C�
�n �n C> I.,
N
V� 11
f-
V� C,
r. ::,
C�
0
0 C>
C, C� C�
Iq Irl
5
9
C)
0 =, 6
c� 6
�= 0
C> 0
6
tn
tn "i
"t
C>
ON a,
wl In
V) 11
41 C�
car"0"
00 t-
�c
m
-.:
0
CC
tC i.
u rq
al
to
0
In
00
00
00
—ca
U
C>
Q
Q
Lei
>
11-1
-00
:.
00
00
00
00
CK! �4
C> 0
.
C�
00 V)
00
C)
>
z
Cl
9,
cr,
f*
00
16
E�
C'3
252
kn MSxn
N 0
N
tee m
rlt 0
<
C,
C>
<
C14 00
N 00
00
N 00
cn 00 00 00 00
00
00 co
Qkn
rn m 't
ca ca
c
r
IV
rto
414-1
00
`
ci
L4
cs
c to
m
it
ax;
to
..
!.'�
VI
..
C 00
i
ca c w
t
Itn
.may r—t n,
ca
.yid..
�.
tn
o
as
tn
uiy
w
:
ii r t
V hY v {'°
4'"✓ f�i
Ly Mi
rLi. M1
y'y
w
Gj
G Qi W
s
y
c W
C a ca JPto
wJ
0 or,{,,:}. w.
tf3 ".n .*.� '�. m
`s 4':
tY^..
«:5.
U7. .5
In
—IncC>C>
C
ci
It
c> Ca
ri
,.Ypq
ca
ytn
C c
c
7—
c
00
G
is
Ca
r
F
ixt Ln
Y va
et
��,,„„,,��
C
u I
ID
C>
C>
z
z
z
7-
67
Gi
o
Cil
I t
ti
V� C�
Iq Lei
Ci Ci
ct
m 1-)
4 -'d- 6C
wl Ql
r,4 CV
CIA
00 00 M
cl,
0�
g g
C14
00 00
GS
03
cz
25
73
z —0
0
78
Q 0
CrI ON &n 0
,�e C,4
&n
0 fn
00 N
6
0
00
0
w 0
_o
8 tu
z
r,n
—
r. IF
C'4
CQ
0.;45 En
E
aN
a C:I
C>!z � 6
E 0
00
000
00 2
00 �
�,
00 Ltl
z CD
c:I
C>
rq
4.4
CI
C>
C"
6
F.
isC
kn
In
En
00 10
C-4 N
C
o 1"
CI
C>
C= � C
0
N
X "o
I
44
c
F
r
a�
r
F
Cd
it
c
00
rq
m
m
to
..
c�
ti
o
c
c�
ca
it
g
:.a
9
'M
I
m
ol
I
E
R
go
I
FA
a
6-a
0 0 0 0 z 0 0 z0 0 0
z z z z z z z
b4
S
E
�0 —0
Q Q
CC oc
<> =
oll 00 00 w 00 00
C> 0 C3 C> C.,:� C,
00
lei Iq
IR
N 10 C14 0�
00 W)
C, Ol
co 00
C14 CIA
N
N
C\ '.4
C,4
C�
00 00
LO Z; 4 0 X-,
00
fly00
::3 00
00 00 00 00 Da 00
0
Ln
cn rn m rn
Cz, C 0
*'T N r-
f�q
ul kn V) C'q
C-4
zI
^44 00
'C41
0 -c 'c' c,
u 8- 0 C14
00
r- — t-- r- — t" r- —
Ci
c
yr
f
ob
To
Cl
r
c500c>
r r
C*I 00 "4tCYlCd
tq
""4
00
00
C>
C? Ci 0 p
C? Ci
0 Mi Ste.
C'2.
Cd
C7 N 6 CN C? hi .:3
C# CUSS 0 CQ In w
R In V. C�.
_
V" CJ twty C} 1-0 co +, .
'.p
I
p CS. IC
�
I
a
F-i
Cyi
al
I
E-
00
C> 0
Go G
00
44
C,4 rd
4-4
C,4
Io
v
In
to
E;
Cd
s
0C4
cq
C,,5
Ln
tu
00
00
00
00
C>
cd C)
T1 IF CITY01-
LAKE ELMO
MAYOR& COUNCIL COMMUNICATION
DATE: September 6,2016
CONSENT
ITEM #3
MOTION
AGENDAITEM: Approve Setting the Truth in Taxation Public Hearing Date for the 2017
Budget and Tax Levy
SUBMITTED BY: Cathy Bendel, Finance Director
THROUGH: Cathy Bendel, Finance Director
REVIEWED BY: Julie Johnson, City Clerk
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ........ — ........ ....... ......................... ... City Administrator
- Report/Presentation ..............................................City Administrator
- Questions from Council to Staff ............ ........................... Mayor Facilitates
- Call for Motion.... .... — .............. ............ ............. ......... Mayor & City Council
- Discussion ..... .............. -- .............................. ............ Mayor & City Council
- Action on Motion...... .. . Mayor Facilitates
SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council
is respectfully asked to consider setting the Truth *in Taxation Public Meeting date as required by
State law for December 6, 2016. No specific motion is needed as this is recommended to be part
of the overall •• of the Consent Agenda.
the (late ot tne meeting where tlie annual budget and levy will be discussed ancl
will be allowed to speak.
STAFF REPORT: The City is required to conduct a meeting where the budget and levy will be
discussed and the public will be allowed to speak at a regular scheduled City Council meeting.
Staff recorm-nends the fulfillment of this requirement on December 6, 2016 at 7:00 pm. as part
of the regularly scheduled City Council meeting.
-- page I --
City Council Meeting
September 6, 2016
[Consent t4 enda Item 3]
RECOMMENDATION:It is recommended that the City Council approve the date of
December 6, 2016 for the meeting to discuss the 2017 budget and. levy:.
ATTACHMENT:
1. Resolution 201 -7
LAKE ELMO
STAFF REPORT
DATE: Septenber 6, 2016
CONSENT
STEM
MOTION
TO: Mayor and City Council
FROM; Julie Johnson, City Clerk
AGENDA ITEM: Approve Master Subscriber Agreement and New MCA Request For
BACKGROUND:attorney#Lammers,requested
the City Council: approve the Master Subscriberand new Minnesota Govdiument
BEFORE
FISCAL IMPACT.
None
RECOMMENDATION:
i # i
ECKBERG
LAMMERS
ATTORNEYS A:r LAW
August 12, 2016
City of •
Attn: City e •
Lake,Elmo,
Writer's Direct Dial:
(651) 351-211
Writer'sE-mail:
tweidner@eckber last mers.com
Reply to Stillwater
The State of Minnesota implemented a new document access program, '�N ew MGA", as of August 1,
2016The 'New M(W' program provides
requiresOdyssey. The change ofprograrns anew portal access. The change in portal access for
'New MGA" requires new applications be completed by the City for the New MGA program before our
office
Please place these documents can your next council agenda for approval:_ Master Subscriber Agreement
and New GAGA Request Form.
.
to our
Mimi•
a r •
for
questions,your reference. if you have any office.
Sincerely;
Thomas J. Weidner
TJW
Enclosures
Stillwater Office
1809 Northwestern A enue
Stillwater, MN 55082
Phone: 651-439-2878
Fax: 51-4 39-2`32
Hudson Office
30 Second Street
Hudson, i t 54016
Phone: 715- 86-37
Fax: 715-86-64 6
NINE
� ���`� ,}go- 7 i� ,., �k�� c*M� M E
ACCESS TO CASE RECORDS OF THE MINN SOTA JUDICIAL BRANCH 0- ► ► - ► m ► *- �* GOVERNMENTACCESS
1 Minnesota Government Access (MGA) I
Revised October 2, 2014 (ITD_ P-0 71 g) Page 2 of 2
MASTER SURSCRMER AGREEMENT
FOR MINNESOTA COURT DATA SERVICES
FOR GOVERNMENTAL AGENCIES
THIS AGREEMENT is entered into by and behveen
City of Lake Elmo
of 3800 Laverne Avenue North, Lake Elmo, MN 55042
--(G-0—Ve—rn--,--t Subscriber �Addess)
Office of State Court Administration
Of 25 RcvDr. Martin Luther King Jr. Blvd. St. Patill-Minnesota 55155
(hereinafter "the Court').
Ell
NOW, tff' W, in consideration of the mutual covenants, promises and agreements
contained herein, the Court and Government Subscriber agree as follows-
1.1 Term. This Agreement shall be effective on the date executed by the Court and
shall remain in effect according, to its terms.
Master SUbscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 1 of 14
1.2 Termination.
1.2.1 Either party may terminate this Agreement with or without cause by giving
written notice to the other party. The effective date of the termination shall be thirty
(30) days after the other party's receipt of the notice of termination, unless a later
date is specified in the notice. Termination of this Agreement pursuant to Clause 4.5
shall be effective immediately and may occur without prior notice to Government
Subscriber.
1.2.2 The provisions of Clauses 5, 6, 8, 9, 10, 12.2, 12.3 and 15 through 24 shall
survive any termination of this Agreement, as shall any other provisions that by their
nature are intended or expected to survive such termination. Upon termination, the
Govemment Subscriber shall perform the responsibilities set forth in paragraph 8.6
hereof.
1.3 Subsequent Agreement. This Agreement may be superseded by a subsequent
agreement between the parties.
2. DEFINITIONS.
1101 L"MI
•
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 2 of 14
hilbrination Systern (-,MNCIS"), as described in applicable Policies &
Notices and materials referenced therein,
2.3 "Court Data Services Databases" means any databases and the data therein, used
as a source for Court Data Services, together with any documentation related thereto, -
including Without limitation descriptions of the fori-nat or contents of data, data
schemas, and all related components.
2.4 "Court Data Services Programs" means any computer application programs,
routines, transport mechanisms, and display screens used in connection with Court
Data Services, together with any documentation related thereto.
2.5 "Court Records" means all information in any form made available by the Court
and/or its affiliates to Government Subscriber for the purposes of carrying out this
Agreement, including:
2.5.1 "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 and Court Documents, as
defined herein.
2.51 "Court Confidential Case Information" means any information in the
Court Records (including Court Documents) that is inaccessible to the public
pursuant to the Rules of Public Access and that conveys information about a
particular case or controversy.
2.5.3 "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.
2.5.4 "Court Confidential Information" means 4* 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.
"Court Documents" means electronic Images of documents that are part of
or included in a court file.
2.6 I'DCA" means the District Court Administrator pursuant to Minnesota Statutes,
section 485.01.
2.7 "Government Subscriber Records" means any information in any form made
available by the Government Subscriber to the Court and/or its affiliates for the
Purposes of carrying out this Agreement.
2.8 "Government Subscriber's Individual Users" means Government Subscriber's
employees or independent contractors whose use or access of Court Data Services,
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 3 of 14
as well as the access, use and dissemination of Court Records (including Court
Documents), is necessary to effectuate the purposes of this Agreement.
2.11 "Rules of Public Access" means the Rules of Public Access to Records of tile
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 and/or the SCAB 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 Agreement. It is the obligation of
Government Subscriber to check from time to time for updated rules, lists, and tables
and be familiar with the contents thereof. Such rules, lists, and tables are posted on
the main website for the Court, for which the current address is'ww,,vmncourtsgov.
2.12 11SCAO" means the State of Minnesota, State Court Administrator's Office.
2.13 "This Agreement" means this Master Subscriber Agreement for Minnesota Court
Data Services for Governmental Agencies, including all Exhibits, Policies &
Notices, and other documents referenced, attached to, or submitted or issued
hereunder.
2.14 "Trade Secret Information of SCAO and its licensors" is defined in sections 8.1,
8.2 and 8.4 of this Agreement.
2.15 "User Acknowledgement Form" means the form signed by Government
Subscriber's Individual Users to confirm in writing that the Individual User has read
and understands the requirements and restrictions in this Agreement (Exhibit A).
3. DATA ACCESS SERVICES PROVEDED TO GOVERNMENT AGENCY. Following
exectition of this Agreement by both parties, Government Subscriber will be offered access
to the Court Records (including Court Documents) described in the Government Subscriber
Access Chart, which is posted on the Policies & Not ces.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 4 of 14
4. AUTHORIZED ACCESS, USE, AND DISSEMINATION OF COURT DATA
SERVICES AND COURT RECORDS LIMITED; TRAINING; VIOLATIONS;
SANCTIONS.
4.1 Authorized Access to Court Data Services and Court Records.
4.1.1 Government Subscriber and Government Subscriber's Individual Users shall
access only the Court Data Services and Court Records (including Court
Documents) necessary for a Legitimate Governmental Business Need.
4.1.2 The access of Court Data Services or Court Records (including Court
Documents) by Government Subscriber or Government Subscriber's
Individual Users for personal or non -official use, or any use that is not a
"Legitimate Governmental Business Need" as defined herein, is prohibited.
4.13 Government Subscriber and Government Subscriber's Individual Users shall
not access or attempt to access Court Data Services or Court Records
(including Court Documents) in any manner not set forth in this Agreement,
Policies & Notices, or other Court Data Services documentation.
4.2 Authorized Use of Court Data Services and Court Records.
4.2.1 Government Subscriber and Government Subscriber's Individual 'Users shall
use the Court Data Services and Court Records (including Court Documents)
accessed only for a Legitimate Governmental Business Need and according
to the instructions provided in corresponding Policies & Notices or other
materials.
4.2.2 The use of Court Data Services or Court Records (including Court
Documents) by Government Subscriber or Government Subscriber's
Individual Users for personal or non -official use, or any use that is not a
"Legitimate Governmental Business Need" as defined herein, is prohibited.
42.3 Government Subscriber and Government Subscriber's Individual Users shall
not use or attempt to use Court Data Services or Court Records (including
Court Documents) in any manner not set forth in this Agreement, Policies &
Notices, or other Court Data Services documentation,
4.3 Dissemination of Court Records. Government Subscriber and Government
Subscriber's Individual Users shall not share the Court Records (including Court
Documents) accessed and data therefrom with third parties and other individuals
other than as needed to further a Legitimate Governmental Business Need.
4.4 Training. Government Subscriber shall provide Government Subscriber's
Individual Users training in the proper access, use, and dissemination of Court
Records (including Court Documents).
4.5 Violations.
4.5J The access, use, or dissemination of Court Data Services or Court Records
(including Court Documents) beyond what is necessary for a Legitimate
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 5 of 14
Governmental Business Need by Government Subscriber or Government
Subscriber's Individual Users is a violation of this Agreement. The access,
use or dissemination of Court Data Services or Court Records (including
Court Documents) by Government Subscriber or Government Subscriber's
Individual Users for personal use is a violation of this Agreement.
4.6 Sanctions.
4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon
Government Subscriber and/or Government Subscriber's Individual Use
and may include the suspension of access or termination of access
Government Subscriber and/or Government Subscriber's Individuat Users.]
4.6.2 If the Court decides to terminate the access for Government Subscriber and/or
Government Subscriber's Individual Users, the Court shall notify the affected
Party in writing. The termination shall be effective immediately. Prior
notice to Government Subscriber and/or Government Subscriber's Individual
'Users is not required. Reinstatement of the access shall only be upon the
written direction of the Court.
5. GUARANTEES OF CONFIEDENTIALITY. Government Subscriber agrees:
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 6 of 14
5.5 That, notwithstanding any federal or state law applicable to the nondisclosure
obligations of Government Subscriber and Government Subscriber's Individual
Users under this Agreement, such obligations of Government Subscriber and
Government Subscriber's Individual Users are founded independently on the
provisions of this Agreement,
5.6 That, a violation of Government Subscriber's agreements contained in this Clause
or a violation of those same agreements by Government Subscriber's Individual
Users, shall be grounds for the Court to terminate this agreement and Government
Subscriber and/orGovernment Subscriber's Individual Users access to Court Data
Services and Court Records (including Court Documents);
6. APPLICABILITY TO COURT CASE INFORMATION PROVIDED UNDER
LEGAL MANDATE AND PREVIOUSLY DISCLOSED COURT RECORDS AND
COURT DOCUMENTS. Subscriber acknowledges and agrees.
6.1 Court Case Information Provided Under Legal Mandate. When the Court is
required to provide Government Subscriber with Court Case Information under a
legal mandate and the provision of such data by the Court is not optional or
otherwise left to the discretion of the Court, for example in the case of a state
statutory reporting requirement, the provisions of this Agreement that govern o
restrict Government Subscriber's access to and use of Court Case Information do not
apply to the specific data elements identified in the legal mandate, but remain in
effect with respect to all other Court Case Information provided by the Court to
Government Subscriber. .All other provisions of this Agreement remain in fill
effect; including, without- limitation, provisions that govern or restrict Government
Subscriber's access to and use of Court Confidential Security and Activation
Information.
6.2 PreviouslyDisclosed Court Records and Court Documents. Without limiting
section 6.1, all Court Records and. Court Documents disclosed to Government
Subscriber prior to the effective date of this Agreement shall be subject to the
provisions of this Agreement.
7. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT
RECORDS UNDER T S AGREEMENT.
7.1 Requirement to Advise Government Subscriber's Individual Users. To affect
a purposes
Government Subscriber's Individual Users who
rN are
permitted
Court Data Services and Court Records Documents) under this
Acknowledgement# Subscriber's
7.2.1 Govehurient Subscriber shall require each of Government Subscriber's
Individual Users to sign the User Acknowledgement
Forms7-2-� The User Acknowledgement !
individual Users thust be obtained prior to submitting this Agreement to the
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 7 of 14
Court for approval and shall accompany the submission of this Agreement
for approval..
7.2.3 Until the User Acknowledgement Farm required in Clause 7.2.1 is signed, s
Government Subscriber's Individual user is prohibited from accessing. using
or disseminating Court Data. Services and Court Records (including Court
Documents). The access, use or dissemination of Court Data Services or
Court records (including Court dDocurne ts) by a Government Subscriber's
Individual User that has not completed a User Acknowledgement form as
required in Clause 7...1 is a violation of this Agreement.
T2.4 Government Subscriber shall keep all such written User Acknowledgment
Forms on file while this Agreement is in effect and for one (1) year following
the termination of this Agreement. Government Subscriber shall promptly
provide the Court with access to, and copies of, such acknowledgements
upon request to the Agency Account Manager.
7.2.5 The User Acknowledgment Forms are incorporated heroin by reference.
8. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this
Agreement, subject to the terms and conditions hereof, the Court, with the permission of the
SCAM; hereby grants to Government Subscriber a nonexclusive, nontransferable, limited
license to use Court Data. Services Programs and Court Data Services Databases to access or
receive Court Records (including Court Documents). SCAO and the Court reserve the right
to make modifications to the Court Data Services, Court Data Services Programs, and Court`
Data Services Databases, and related materials without notice to Government Subscriber.
These modifications shall be treated in all respects as their previous counterparts:
8.1 Court Data Services rams. SCAO is the copyright owner and licensor of the
Court Data Services .�arns. The combination of procedures,
methodssystems, logic, coherence and
Programs,Services • all informationdocumentation
Programs,Court Data Services including but not
documentation,u passwords,a r of
licensors.
e i ! r � • s •
♦ o e
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies - Revised September 29, 2015
Page 8 of`14
Infort-nation. In addition, Government 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 SCAO or its licensors, in any way or for any purpose not
specifically and expressly authorized by this Agreement. As used herein,
"trade secret information of SCAO and its licensors" means any information
possessed by SCAO which derives independent economic value firorn 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 SCAO and its licensors" does not,
however, include information which was known to Government Subscriber
prior to Government Subscriber's receipt thereof, either directly or indirectly,
from SCAO or its licensors, information which is independently developed
by Government Subscriber without reference to or use of information
received from SCAO or its licensors, or information which would not qualify
as a trade secret under Minnesota law,
8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make up
to one (1) copy of training materials and configuration documentation for
each individual authorized to access, use, or configure Court Data Services,
solely for its own use in connection with this Agreement,
8.4.3 Government Subscriber will take all steps reasonably necessary to protect the
copyright, trade secret, and trademark rights of SCAO and its licensors and
Government Subscriber will advise Government Subscriber's Individual
Users who are permitted access to any of the Court Data Services Programs
and Court Data Services Databases, and trade secret information of SCAO
and its licensors, of the restrictions upon duplication, disclosure and use
contained in this Agreement.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 9 of 14