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City Council Packet 10-08-1997 Special
Plymouth City Council Study Session Wednesday, October 8, 1997 Public Safety Training Room Enforcement Issues II. Data Practices and Open Meeting Law Briefing III. Budget Issues IV. Policies guiding the use of the City's Volunteer Programs V. Ward Meetings MAJOR ISSUES LIST Updates as of October 3, 1997 in BOLD Item Comment First or Next Official Action Gramercy Park Guiding to LA-4 approved. Rezoning and PUD to be considered October 15? after Met Council review of guiding. Rottlund Development-Senior Housing Approved offering of bonds October 1st. Developer verifying soil November 5 CC correction costs. Development agreements and bond sale next. Town and Country-reguiding LA-2 vs. LA-3 Guiding to LA-2 approved Sept. 17th on reconsideration. Rezoning October 15 CC (?) and replatting after Met Council review of guiding is complete. Shenandoah Apartment Complex Original proposal of 105 units re-designed to 64 units. Approved. Approved at PC and CC. Possible TIF financing next. Shenandoah Townhomes Financing Request Objections reached about 28%. The 35% threshold was not reached, and the district has now been created. Fed. Home Loan applications to help financing being prepared. LifeTime Fitness/Plymouth Ice Arena Landscaping proceeding. Grand opening October 17-19th. City fair planned with the event, showcasing community groups. Activity Center Architect contract approved Oct. lst. Meetings scheduled to begin November 12th reviewing the site and starting a concept plan. Study Session? Traffic and parking counts underway. New High School/Peony Bridge Project Traffic congestion is occurring at beginning and end of school day. Assessment hearing Traffic signal is being evaluated for Peony-Old Rockford Road. October 15 CC Harbor Lane Street Reconstruction Bids received and under budget. Contract awarded May 28th Construction began July 7th. Repaved August 26th. Ridgemount Street Reconstruction Construction began June 25th. New curb completed. Boulevard Assessment hearing restoration underway. Final surface next year. October 15 CC Vicksburg Street Reconstruction All repaving complete. Assessment hearing October 15 CC Zachary Lane Reconstruction Consultant selected June 18. Preliminary design and neighborhood meetings planned for October. Cimmaron East Street Reconstruction Construction began July 28th. Curb replacement completed. Base asphalt complete. Ameridata Wall finished except for staining. Zoning Ordinance Updates Changes to be reviewed at Study Session. October 29th Study November 5 CC Elim Homes Elim homes revising EAW. Waiting for them. No date yet US West cellular tower at Co. Rd 9/Fembrook US West seeking to go on to an NSP tower instead of residential area. No formal application yet. US West PCS tower at 15th & Xenium US West had decided to put the tower on the existing ATT microwave tower. Negotiating with AT&T, nothing final yet. County Communciations Antenna-Workhouse County proposes a 330 foot tower at workhouse to replace existing No date yet antenna. May have a choice of painting the tower red and white or have medium density daytime strobe lights. County moving on project again after a few quiet weeks. Staff will encouage a neighborhood meeting in conjunction with EAW review. Homestead Village (residential hotel proposal Letter received offering to trade frontage road right-of-way for peninsula" property on Medicine Lake. Attempts to purchase Brown market property unsuccessful so far. Homestead Village advised to submit a sketch plan to City. No contact in several weeks. West Medicine Lake Park Construction Sidewalks and trails installed last week. Basketball court is paved. Picnic shelters to start next week. Sodding planned in a few weeks. L 3 DATE: October 1, 1997 for City Council Meeting of October 8, 1997 TO: Dwight Johnson, City Manager FROM: Anne Hurlburt, Community Development Director SUBJECT: Enforcement of Zoning Regulations and Development Approvals At the October 8 special meeting the City Council will discuss enforcement issues, including zoning regulations and development approvals. This memo is provided as background for that discussion. Every project and situation is somewhat unique. What follows is a "generic" description of the planning and zoning enforcement process. Also included with this report is a copy of the June 10, 1997 report prepared by Engineering Staff which explains enforcement procedures for erosion control in detail. Permit Review Process The primary mechanism for enforcement of the zoning ordinance and other development - related regulations (building & fire codes, subdivision regulations, etc.) is the permit review and approval process. Almost any construction or land alteration in the City requires a permit or City approval of some type. Any time a permit is applied for, the request is compared to the applicable regulations. Building plans are checked to make sure the proposed use is allowed by the zoning ordinance, that any structures comply with setbacks, and a multitude of other requirements. Some permit reviews are conducted entirely by staff and some go through a public review by the Planning Commission and/or City Council. Some may require review by other agencies (such as the DNR or a watershed) before they can be approved. If a permit request is found to be in compliance with all code requirements, it may simply be approved and the homeowner or business may proceed with their project. If it is not in compliance, the permit might be denied. However, it is more common that we will inform the applicant of what they need to change in their plans in order to receive approval, or to conditionally approve the request. 9 LN Conditions of Approval The City may attach conditions to its zoning and permit approvals which are necessary to ensure compliance with the applicable codes and regulations. Conditions must reasonably relate to the standards and conditions required by the ordinance for the particular request. Conditions are not attached to Comprehensive Plan Amendments or Zoning Text or Map Amendments since these are considered to be "legislative" in nature and cannot be conditioned upon an action of a private party. The nature of the conditions will vary with the type of permit requested. For example, conditions for a site plan review will focus on the layout of the building and other improvements on the property. A conditional use permit (CUP) will establish the parameters for construction and operation of the use so that it will meet the ordinance criteria for approval for example—hours of operation for a gas -convenience store.) An interim use permit (IUP) will specify when the permit will expire. Conditions might be attached to administrative approvals, or be included in resolutions staff prepares for Planning Commission review and Council approval. The resolutions will generally include conditions specific to each application, as well as "standard" conditions that we routinely attach to permit approvals. Some common types of conditions are as follows: condition requiring a change in the plan—for example, adding trees to a landscape plan if the plan was found to be deficient in some way; condition containing technical design criteria—for example, specifying a turning radius on a street or driveway; condition requiring approval of some other application—for example, conditioning a plat approval on a separate City approval of a wetland permit; condition requiring approval by some other agency—for example, review by the watershed; condition requiring construction of and/or payment for public improvements—such entering into a development contract for streets or utilities; condition requiring a financial guarantee—such as a letter of credit for private improvements including landscaping, grading and the like; condition specifying operational requirements—such as identifying permitted uses of a building or hours of operation; condition specifying a time limit—if the permit has a limited duration or must be used within a certain period of time. After conditional approval of a development request, the applicant is given a copy of all of conditions in writing. For projects requiring administrative approval only, the staff member will write a letter or memo to the applicant informing them of the conditions. The applicant is asked to sign the letter to acknowledge their acceptance and return it to the City and must meet all of the conditions, before the permit is formally issued. For projects that have been the subject of City Council action, the Planning staff will send the applicant copies of the staff reports and adopted resolutions, and record the resolutions at Hennepin County if required so 1 that all subsequent purchasers of the property will be aware of the conditions. Planning staff prepares a checklist of the requirements that must be met before a project can go on to the next step. This checklist is kept in a central file so that Planning, Building and Engineering staff who all may be responsible for making sure various conditions are met) can determine the status of an application. Depending upon the type of condition, the time by which the applicant must comply with conditions of approval will vary. Whenever possible, we will write conditions so that they are tied to specific events, such as the recording of a plat, issuance of a grading or building permit or a certificate of occupancy (CO). Then before those events can happen, the condition must be verified to have been met. Here are just a few examples: Building staff may withhold a grading permit until required changes in the grading plan had been made and verified by Engineering staff The City Engineer may not sign a plat and release it for recording before documents creating a homeowners association responsible for maintaining parts of a project had been reviewed by the City Attorney and could be recorded simultaneously Building staff may not issue a permit for construction until Planning staff had received the required financial guarantee for landscaping and other site improvements. Building staff might not issue a CO until the Fire Inspector had verified that fire lanes were properly posted. Site Inspections After permits are issued, inspections are required at certain times during and after construction to verify compliance with codes and ordinances and approved plans. The general category and types of site inspections that are performed are shown on the following table, with the staff primarily responsible for each type: Type of Inspection: Performed by: State Building Code Building Inspectors State Fire Code (i.e. fire lanes, sprinkler Fire Inspectors systems) Public Improvements (streets, utilities, etc.) Private Improvements (landscaping, parking lots, etc.) Wetlands Erosion Control Tree Preservation Operational Requirements/ Misc. Conditions Nuisances Engineering Staff Planning Staff Engineering Staff Engineering Staff City Forester Planning Staff or Others as Needed Housing Inspector/ CSO's as applicable After a building permit is issued for a project, City building inspectors will perform many inspections, the number and type depending upon the project. Results of all inspections are documented. Inspectors also will report non -building code violations to appropriate staff, such Ir as lack of erosion control measures (see separate background memo on this topic), that they may observe during their site visits. If the construction is not proceeding according to the approved plan, the inspectors may issue a "stop work" order until the violation is corrected. Before issuing a CO, they verify that all conditions tied to issuance of the CO have been met. Inspections by Planning and/or Engineering staff will also occur if the applicant requests a reduction in a financial guarantee. For example, once the curb and gutter and parking lot are completed, they will be inspected and if warranted staff will authorize a reduction or release of the guarantee. For private improvements (SIPAs—Site Improvement Performance Agreements) this would be an administrative action; for public improvements, City Council approval is also required. Some guarantees are released immediately after the work is completed; others are held longer (for example, we hold guarantees on landscaping until the plants have been verified to survive a winter season.) Sometimes there are changes made to plans after approval, either before or after construction has started. Changes will occur for many reasons. Building plans often change during the final design stage, and site conditions encountered during construction may not have been anticipated during plan review. The type of change will determine who has authority to approve a plan change once approvals have been granted. If a condition is specified in a City Council resolution, the Council must approve any change to that condition, sometimes after a public hearing by the Planning Commission. Staff does have authority to approve minor changes (see Section 21045.08 of the code.) For site plan changes, for example, staff can approve minor structural additions or site plan modifications not exceeding 10 percent of the site area. All such changes must meet code requirements. After Project Completion The most difficult enforcement issues occur after a project has been completed and the City no longer has the leverage of withholding permits, issuing stop orders, withholding CO's or permits or drawing on financial guarantees. Enforcement issues may occur on newly completed projects, particularly relating to items that cannot be verified on plans or may not be apparent until a project is in operation. For example, the owner might make a change after occupancy (such as bringing in trash containers prohibited by a Council resolution.) Maybe some aspect of the project does not perform according to the approved plan (lights that met plan requirements turn out to be brighter than predicted.) The issue may be an operational item (such as business hours) that cannot be observed until the building is complete and occupied. Enforcement issues also occur on properties that have had no recent permit activity. A new tenant that is not a permitted use might move in (Can -Do Recycling is a good example.) If no building permits are required, the City will not find out in advance. An owner or tenant might make changes to the structure, site, or operation of the property without required permits, or may violate some other ordinance provision. 4 Staff does not do routine inspections to determine zoning ordinance compliance. We become aware of violations in a number of ways. If the site is inspected for another purpose (such as housing code, fire code, some other license) we may become aware of a violation. Or, staff members may observe the violation in their daily travels through the City, or may receive a complaint from another resident or business owner. Enforcement Process When staff becomes aware of a violation, the process used to bring the property into compliance will vary with the particular issue. During construction, as noted above, the City often has the leverage of withholding some approval or financial guarantee to encourage compliance. Without those tools, we generally follow these basic steps: 1. investigation—review City records, inspect the site, interview the complainant to determine if a violation exists 2. request compliance—notify the property owner in writing of the violation, and request specific action to eliminate it within a specific period of time 3. re-inspection—verify whether or not violation has been corrected 4. repeat request for compliance—if the violation has not been corrected, inform owner of the action that will be taken should they fail to comply 5. legal action—work with City Attorney to determine appropriate action which might include City proceedings to revoke a permit (in the case of a CUP or IUP), filing of criminal charges, or pursuing civil legal action (a lawsuit) Steps 2, 3 and 4 may be repeated while we negotiate with the property owner to correct a violation. Once legal action has been commenced, it may take many months to resolve a violation. Our experience is that the court system does not take zoning violations seriously, unless there is an imminent hazard or threat to public safety. Since our aim is to correct the violation as quickly as possible, legal action is seen as a last resort. Comments on Enforcement Enforcing the conditions of approval for development projects requires a fair amount of bureaucratic procedure. Applicants who have spent considerable time in preparing plans and in public hearings for their projects are sometimes surprised and dismayed at the number of conditions attached, and at the time and money required to satisfy them after the public process has been completed. Balancing the bureaucracy with responsiveness to residents and businesses who want to expedite their projects can be difficult. Attached for your information is a letter we recently received regarding our development approval process, which may provide another perspective on the process we have set up to ensure enforcement of our codes and ordinances. Attachments: 1. June 10, 1997 Memorandum from Darrell Johnson re: Erosion Control Procedures & Enforcement 2. Letter from Roger Schelper, Davanni's cd\plan\memos\ahurlbur\enforcement.doc Agenda Number: CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT DATE: June 10, 1997 for the City Council Meeting of June 18, 1997 TO: Dwight D. Johnson, City Manager through Fred G. Moore, P.E., Director of Public Works through Daniel L. Faulkner, P.E. City Engineer FROM: Darrell Johnson, Sr. Engineering Technician - Drainage SUBJECT: UPDATE REGARDING EROSION CONTROL PROCEDURES AND ENFORCEMENT The following report identifies erosion control procedures and enforcement as well as problems encountered administering erosion control ordinances. Developers: Developers are called and sent a notice to correct erosion problems (silt fence or street cleaning). The corrections must be made within 48 hours. To date, 25 letters have been sent out. If problems are not corrected, the City orders the work completed by a private contractor and the developer is subsequently charged a penalty fee of $200 per occurrence, and also invoiced for the cost to do the work. There have been five occurrences so far this year where the developer did not do the required work. The City had the work completed and assessed the developer the penalty. The developer/owner is required to keep the streets reasonably clean for the entire duration of the project. Home Builders: On homes and buildings currently under construction, we call the home builders and give them 48 hours to install erosion control. If nothing is done after 48 hours, we issue a stop work order until the violation is corrected. To date, we have issued four stop work orders to home builders. The responsibility to maintain the silt fence falls to the home builders once building construction begins. Home Owners: This is a very difficult problem to enforce. To date, we have sent out 38 letters to home owners reminding them of the need for erosion control behind the curb. Virtually all home owners respond by calling and informing us that their sod is ordered and they will be sodding in a few weeks. As an alternative, the City may issue a deadline (instead of a reminder letter) when erosion control must be installed. If the deadline is not met, the City can order the work done by a private contractor and assess the property owner. If the City is to strictly enforce this erosion control ordinance, we will have many angry and upset residents. Since many owner Ply_nt\ntdisk i\PWEnginmring\EROSDNG\MENIOS\PROCEDEN. DOC SUB.IECT: UPDATE REGARDING EROSION CONTROL PROCEDURES AND ENFORCEMENT Page 2 occupied properties without erosion control had a final building inspection in the dead of winter, the need for spring sodding is very great. Sometimes sod contractors cannot keep up with demand. The average property owner would expect a bill of approximately $150 to install silt fence behind the curb. The Building Division is currently requiring silt fence to be installed behind the curb prior to issuing a Certificate of Occupancy during the warm months. If a home is completed during the winter months, the silt fence is not required. City Projects: Most erosion control problems are taken care of by the contractor through the project engineer. Our role is limited to making telephone calls to the project engineer or inspector. The City can neither place a stop work order on the job site, or issue fines for noncompliance with erosion control ordinances, but there are provisions in all of our contracts to get compliance. Inspections and Enforcement: Except during the winter months when we do not have enforcement and inspection on erosion control measures, the following is what we are currently doing: Active subdivisions including home construction and commercial activity. In subdivisions which have active development including the installation of the public infrastructure, houses or commercial building, we have a routine inspection schedule. During the most active months, mid June to mid September, we do an inspection twice per week. For the remainder of the year (non -snow cover) there is an inspection once a week. House/commercial buildings. There are several areas where a home or commercial building is being constructed as the last part of a development and not a great deal of other activity. In these areas, the Building Inspection Department reviews erosion control when they are called to do any other type of inspection. On commercial projects, at a minimum, an inspection is made once per month. Follow-up to Correction Notices. A correction notice is issued to a developer, home builder or property owner. There is a follow-up on the third working day after the letter is sent. Depending on what has taken place, the appropriate action is then taken on any necessary corrections. Problems and Observations: There is a problem with staffing to provide spring inspections regarding erosion control. This is a critical time of year when inspections are necessary to observe winter damage to erosion control measures which coincides with approximately 200 sump pump inspections at the end of a winter permit. The timing could not be worse. The four Plv nt\ntdisk l\PW\Engineering•EROSDNG\hIE61OS\PROCEDEN. DOC SUBJECT: UPDATE REGARDING EROSION CONTROL PROCEDURES AND ENFORCEMENT Page 3 to six week period following March 15 is mainly committed to sump pump inspections among Engineering staff members. During this time period, very few erosion control inspections take place. Commercial sites often remove silt fences in order to final grade the boulevard, install landscaping, and irrigation. This process usually takes several weeks. Multi family developments have problems with the lack of room on-site to stockpile dirt and building material. Driveways are close together and silt fence between the driveways may be as little as several feet. The only way to control erosion would be to sweep the private streets daily, or limit the number and spacing of units that could be constructed at the same time. It is important to remember that on-site erosion that gets into the storm sewer system often gets to the sediment pond that was created for that site. Some developers over -excavate these ponds in anticipation of sediment runoff. These ponds are then cleaned prior to project completion. Another time consuming problem encountered from time to time is dealing with residents on education for erosion control requirements. Engineering staff sometimes spend a large amount of time explaining ongoing construction activity and erosion control practices. Unless one is trained in best management practices and knowledgeable regarding construction activity that is site specific for the development, most homeowners simply do not know what they are looking at or for regarding erosion control. As an example, there may not be silt fence in some areas since sediment is going to a sediment pond which will be cleaned as necessary. Education: Recently, a handout entitled "Erosion Prevention - a Guide to Erosion Control Requirements" (copy attached) was completed by the Engineering Division. This handout will be distributed to all builders and developers currently working in Plymouth. Printed on blue paper, this quick -reference guide will inform both developer and builder on the proper installation methods for erosion control as well as the consequences if found to be in violation. Attached is a summary of the following notices issued this year: 48 hour notice sent to developers Stop work orders issued to Builders Reminder letter to homeowners Summary of penalties charged Ply_nt\ntdiskl`PW`Engineering\F.ROSDtiG,*vIEMOS\PROCEDEN DOC SUB.IECT: UPDATE REGARDING EROSION CONTROL PROCEDURES AND ENFORCEMENT Page 4 Options: There are several options to consider pertaining to erosion control enforcement: Option 1: Spring priority inspection change with no increase in staff. Continue on the same course of action and enforcement as it currently exists. The budget provides for a second erosion control intern in mid June. This is in addition to the existing inspector. This will assist greatly on additional erosion control inspections. We will switch our priority during the early spring from sump pump inspections to erosion control. The sump pump inspections will be somewhat delayed but should be completed by the end of May. Option 2: Adopt a zero tolerance policy whereby infractions of erosion control ordinances will be strictly enforced. This would involve placing stop work orders on every site that is not in compliance with erosion control policies. In some cases, entire developments will be shut down. Homeowners will be no exception and work will be performed and properties will be assessed if erosion control is not installed within 48 hours. Option 3: The City may wish to hire one additional regular full-time staff person for erosion control inspection to provide full-time blanket coverage. Option 4: Hire outside consultants to provide all erosion control inspections throughout the entire city. However, this may not be realistic alternative. If there are non City personnel dealing directly with homeowners, builders, and developers, there will probably be more problems that come up than problems that get resolved. Conclusions: There are no easy answers on erosion control enforcement. If the City is to succeed by both spreading the word and establishing a threshold of erosion control compliance, it must be a joint effort. The Engineering Division must work with the Building Division on a continuing basis to be successful. Given our resources, Plymouth does a better than average job in enforcement. Erosion control ordinances are up to date, accurate, and need not be improved. With the modification of staff priority in March and April, we believe current enforcement will be adequate for the problems that are occurring (Option 1). Other options are presented for Council consideration and direction. attachments cc: Daniel L. Faulkner Shane Missaghi Plv nvn1disk ITW`.Engin"ring`EROSDNG'\I ESIOS\PROCEDEN. DOC ROGER W SCHELPER 9 /„lq ie Common Sense and the Law Philip K. Howard Attorney, Author, The Death of Common Sense The son of a Presbyterian minister, Philip K. Howard was raised in eastern Kentucky. Summers working in the tobacco fields convinced him of the value of education, and he went on to earn degrees from Yale University and the University of Virginia School of Law. From 1967-1969, he did research at Oak Ridge National Labor- atory, and from 1970- 1979 at the Rand Institute and Fund for the City of New York. r.. In 1974, he joined the law firm of Sullivan & x Cromwell, and in 1983 he became a founding partner oT Howard, .. Darby & Levin. F4' After, twenty years spent: as a corporate lawyer and civic leader n New York City, he was prompted to write 7U Deatb of Commox Sense: How Lad, 7s Su, o,:c41ing Am ,, which was • on the New York rimes best-sellei'list for over six months.: The book has been adopted for ruse? by both major political parties and:_ has helped define the debate04 gov ernmental and legal reform .' Attorney Philip K Howard suggests that instead ofa nation of laws, we have become a nation of lawsuits. Ae only answer is a return to com- mon sense—and to individual responsibility. His remarks, based on his best-selling book, The Death of Common Sense, were delivered at Hillsdale College's Shavano Institute for National Leadership seminar, "The Future of American Business, " in Chicago in Alay 1996 The seminar and this month's issue of Imprimis were made possible by the Edward Lowe Foundation, a private, nonprofit organization devoted to free enterprise education. Mother Teresa and the Building Inspectors . n the winter of 1988, nuns of the Missionaries of Charity, an order led by Nobel laureate Mother Teresa, were walking through the snow in the South Bronx in their saris and sandals to look for an abandoned building that they might convert into a homeless shelter. They came to Nvo fire -gutted buildings on 148th Street and, finding a Madonna among the rubble, thought that perhaps Providence itself had ordained the mission. New York City offered the abandoned buildings at one dollar each, and the Missionaries of Charity raised $500,000 for the reconstruction. For a year and a half, the nuns then traveled from hearing room to hearing room presenting the etai o e project to ' ove - ment officials. Finally, in the the pro- ject won approval. Hillsdale College, Hillsdale, Michigan 49242 HIL DF-Gc ee• T . 2. .ey. f jvy. y d 5^ i"> 'rM`/"•`, yv, Providence, however, was no match for the law After they had begun reconstruction, the nuns were informed that the building code required an eleva- tor in every new or renovated mu ti e-storyuild- tng. It wouFd alldTl00,0 0 totthe cost, and t e law could not be waived even 9 an elevator didn't Make sense. Mother eresa anTffie nuns gave up. They did- n't want to devote that much extra money to some- thing that wouldn't really help the poor. Law is generally thought of in its Perry Mason sense, but courtroom dra- mas do not touch most of our lives. The law of govern- ment, on the other hand, controls almost every activi- ty of common interest—fixing the pothole in front of the house, running public schools, reg- ulating day care centers, supervising the workplace, cleaning up the environment, and deciding whether Mother Teresa gets a building permit. No person decided to spite Mother Teresa. It was the law. And what it required offends common sense. There are probably one million buildings in New York without elevators. Homeless people would love to live in almost any one of these. Walking up a flight of stairs is not, after all, the greatest problem in their lives. But the law, aspir- ing to the "perfect" housing abode, only permits housing that satisfies middle class standards. piled high with scientific evidence and legal briefs—actually worked in practice. The EPA team found that the refinery was emit- ting significant amounts of benzene, but nowhere near the waste pipes. The pollution was at the loading docks, where gasoline is pumped into barges. Just as fumes escape when you use an old-style nozzle when filling up your car at the gas station, large quantities of ben- zene were escaping . as Amoco annually pumped seyeral hun- dred million gallons of , gasoline into barges. Once EPA and Amoco officials actu- ally stood on the dock together and realized the prob- lem, the solution was easy and rela- tively inexpensive. Meanwhile, pur- suant to the rigid dictates of a 35 -page rule that many gov- ernment experts had spent years fine-tun- ing, Amoco had spent $31 million to capture an insignificant amount of benzene at the smokestack. The rule was almost perfect in its failure: It maximized the cost to Amoco while minimizing the benefit to the public. It is no wonder that environmental laws a-3rules, which now fill 17 volumes of fine print and have cost $1 trillion in the last 20 years, often seem to miss the mark or prove counterproductive. Amoco and the EPA Then, after years of hearings, the Environmental Protection Agency EPA) passed a rule requiring that spe- cific equipment be put in waste pipes to filter benzene, a harmful pollutant, the Amoco Oil Company readily complied. In the late 1980s, it even let a team from the EPA into one of its Virginia refineries to see how environmental rules—written in windowless rooms in Washington, The Glen -Gert' Brick Factory and OSHA he Labor Department's Occupational Safetv and Health Administration (OSHA), created by Congress in 1970, passes safety regulations and inspects workplaces. For over 25 years OSHA has been hard at work. It has written over 4,000 detailed regulations. It has about 2,000 safety inspectors in the field—not many compared with 6 million workplaces, but enough to do some good if they focus on firms with bad safetv records. Several hundred billion dollars have been spent by industry to comply with OSHNs rules. Intuitively, all this expense must have done some good. But it hasn't. Safety in the American workplace has been largely unaffected. A tour through the Glen-Gery brick factory, near Reading, Pennsylvania, gives an indication why. Brickmaking is not generally considered haz- ardous. People have been doing it more or less the same way for several thousand years by mixing clay and water, applying heat, and then stacking up the finished bricks for delivery. No hidden haz- ards have ever been identified with brickmaking, no "red clay disease" or the like. But modern brickmakers use an assembly line to mass-produce them, so there are machines and kilns that hold the potential for accidents. OSHA inspectors visit the Glen-Gery factory once or twice a year. The inspectors walk around the factory with a measuring tape and always find Ao- lations. They are especially interested in railings. Glen-Gery has been cited for having railings in older parts of the factory 39 and 40 inches high, not the regulation 42 inches. In one area already partitioned off by railings, OSHA required several thousand dollars to be spent for an automatic shutoff on a one -foot -wide conveyer belt. The rule applied, OSHA pointed out, because occasionally a repairman might enter the area and step across it. Warnings are posted everywhere. A large POI- SON sign dominates one side of a storage shed filled with bags of something hazardous: It turns out to be sand. OSHA categorizes sand as poison because it contains a mineral called silica. If the inspectors can't find anything else, they go to the factory shop, where machinery is fixed. There are always some oil rags used to wipe down gears and clean bearings that can be cited as a fire hazard. The inspectors also spend a lot of time upstairs in the office looking at paperwork- Glen -Gen- was recently cited because the wrong box was acciden- tally checked on some internal form. About 50 percent of all OSHA violations across the nation are for not filling out forms correctly. The one thing that seems to be of no interest to the inspectors is Glen -Gens safety record. In the inevitable discussion after each inspection, then are unwilling to discuss whether a violation actu- ally has anything to do with safety. Glen -Gen• has never had an incident; for example, related to its railings. OSHA inspectors, in the words of almost everyone who has to deal with them, are "just traf- fic cops" looking for rule violations. Since 1933, however, Glen-Gery•'s safety record has improved dramatically. When Ron Smeal became manager, he calculated that the compam was losing over $30,000 per injury in health and unemployment benefit costs. He got together with some key supervisors, and they decided to institute safety contests. At the end of each quarter, prizes like tool sets are given to each worker who has not lost a workday. This seems to have had a good effect and has been expanded to all Glen -Gert plants. Recently, the company stepped up the campaign and started distributing a tar -free cash sum by lottery at the end of each quarter: The lower the overall injun- record, the higher the award. These contests, intended to instill peer- group pressure to be careful. have worked almost like magic: The number of workdays lost has declined by',> percent. And creating a culture of safety has worked where all OSHAs rules have not. A 3 i lILL,-,DA LE 111.111 WIREM OLLEGE Losing Respect for the Law aw has always been the pride of our coun- try. It is the common framework within which a free people can take their own path to fulfillment. The addition of regulatory law, as law professor Edward Rubin has observed, has not arisen out of some lapse of moral vigi- lance. We want it to protect common resources and to advance common goals. Yet, increasingly, law makes us feel like its vic- tims. We divert our energies into defensive measures designed solely to avoid trip- ping over rules that seem to exist only because someone put them there. Knowing for certain that full compliance is impossible and that the gov- ernment's formalistic reaction may be wholly out of propor- tion, law has fostered what law professor Joel Handler has described as a "culture of resistance." New rules are looked upon with resignation and are often considered, as one prominent lawyer says, to be "transient, boring, and hardly worthy of serious study." Indeed, unless getting caught is a real risk, why should we comply with these rules? Are we at the point, as legal scholar Bayless Manning feared, where a scofflaw attitude has become accepted by the public? When law is too dense to be known, too detailed to be sensible, and is always tripping us up, why should we respect it? And how can anything good happen. the Austrian economist and Nobel laureate Friedrich Hayek once asked, if individuals cannot think and do for themselves? Rules preclude initiative. Regimentation precludes evolution. We have deluded ourselves into thinking that government should only act through central, self-executing rules. We have cast aside our good sense to wor- ship an icon made of abstract logic and arbitrary words. All this governmental process has spilled over into our daily lives and diverts us from doing our jobs. We fill out forms: Making sure even thin is documented precise y is critical to m ern rocess. Tndee , a i a wave o roans has eu sued the count eeping up with OSHAs forms (like the ones caked with dust at the Glen-Gery brick facto- ry) takes 54 million hours per year. At $20 per hour, that is about $1 billion to catalog the dan- gers of such items as Windex and Joy. Under one environmental statute that requires extensive record keeping, 99.5 percent of all the covered chemicals are used by 14,000 companies; but • _ 600,000 other companies, who use the other .5 per- cent of the chemicals, have to fill out all the same forms. As with detailed rules, "uniform proce- dures" have nonuniform effects. The medical care industry is the hardest hit. Everything—every aspirin, every simple lab test—requires that a form be filled out. How else, the theory goes, can we assure that everything is in order? But hospitals now spend as much as 25 per- cent of their budget on administration, mainly to comply with these procedural requirements. In the middle of a medical care crisis, it is unsettling to consider all the time spent by doctors, nurses, and staff on paperwork. Supposedly, the goal is to make sure that procedures are properly followed and that money isn't squandered, but the process itself discour- ages proper procedure and squanders money. We seem to have forgotten two indispensable ingredients of any successful human endeavor. The first is ZLCP Of 1Zl6lPmmt We have constructed a system of regulatory law thatasically outlaws common sense. Modem law, in an effort to be "self-exe- cuting," has shut out our humanity And as process has developed into a kind of religion, we have also forgotten about the second ingredient: responsibility. A Return to Common Sense ut we Americans can do almost anything. We will figure it out, and if we don't, we will work so hard it won't matter. Our energy has always amazed foreigners. As the 19th -century French observer Alexis de Tocqueville wrote: "No sooner do you set foot on American soil than you find yourself in a sort of tumult; a confused clamor rises on every side and a thousand voices are heard at once .... All around you, everything is on the move." Whenever the rules are eased, our energy and good sense pour in like sunlight through opened blinds. After the 1994 earthquake in Los Angeles toppled freeways, California Governor Pete Wilson suspended the thick book of procedural guidelines and, using federal aid, authorized financial incen- tives for speedy work. Instead of a four-year trudge through government process, the Santa Monica I freeway was rebuilt in 66 days, to a higher stan- dard than the old one. From the law's perspective, the Los Angeles repair project was a nightmare of potential abuse. The process wasn't completely objective; almost nothing was spelled out to the last detail. When the rule book was tossed, all that was left was judg- ment and responsibility. State officials decided which contractors would be allowed to bid, and they knew they would be accountable if the con- tractors proved unreliable. Instead of specifying every iron rod, state inspectors took responsibility for checking to make sure that the work complied with general standards. When disagreements occurred, the contractor and the state bureaucrats worked them out, just as if they were real people. And they got it done in record time. The sunlight of common sense shines high above us whenever nnci es control: What -is rig t an reasonable, not the parsing of legal lan- guage, dominates the discussion. With this goal s ining always before us, the need for lawyers fades along with the receding legal shadows. We understand what is expected of us. And we tend to develop the attributes we used to value most—effort, courage, and leadership. To paraphrase justice Cardozo, we gather our wits, pluck up our courage, and go forward into the open spaces, and the light. As we venture out into the daylight and our eyes adjust to the open fields of free choice, the flag of democracy appears right alongside us, rippling in a fresh breeze. Certainly, we will make mistakes. But trial and error is what makes democracy thrive. Always trying something, or, as Tocqueville put it, having "the chance to make mistakes that can be retrieved," is the "great privilege" of Americans. More than anything else, it is what defines the American spirit. So, when we wake up every morn- ing, we have to go out and try to accomplish our goals and resolve disagreements by doing what we think is right and reasonable. Our energy, resourcefulness, judgment and responsibility, not millions of legal restrictions, are what is great about us and about our country. There is nothing unusual or frightening about this. Relying on ourselves is not, after all, a new ideology It is just common sense. • OMEG E Agenda Number: JL TO: Dwight D. Jo son, City Manager FROM: Laurie Ahren Ci y Clerk, through Kathy Lueckert, Assistant Manager SUBJECT: Open Meeting Law and Data Practices Act DATE: October 2, 1997, for Council Study Session on October 8, 1997 The City Council has requested an update on the Open Meeting Law and Data Practices Act at the October 8 Study Session. Data Practices Act -- The Minnesota Data Practices Act (Minnesota Statutes Chapter 13) requires that the City designate a person as the "Responsible Authority" for administration of the Data Practices Act. I have been designated by the City Council. In addition to general adherence to the classifications of data in the Act, the City must have written procedures (a Public Document) to comply with the Data Practices Act. The City Council and every City employee need to be aware of the areas of the Data Practices Act that impact their work because it is an area of risk and litigation. We recently provided a P/2 hour training session on data practices to all general City employees, with an additional 1 hour session for supervisors. Data practices training is slated for all public safety personnel in 1998, and public works employees will also receive a session tailored to their needs in 1998. At the Council study session, I will briefly describe the Data Practices Act and discuss areas that impact the City Council. The following documents are provided as background material: Data Practices Procedure Public Document. A list of data practices questions common to the City of Plymouth (answers will be provided at the Study Session). Open Meeting Law -- I will review the principal requirements of the Open Meeting Law at the Study Session and have enclosed the following documents as background material: Open Meeting Law - Minnesota Statute 471.705; and City Attorney Memo on the Open Meeting Law dated April 1995. 10 Data Practices Questions 1. The City uses a video camera in the police booking area. Recently, an individual being booked exposed herself and made comments to the effect that she was sending a message to the judge who had recently put her on probation for DWI. A media person has now asked for copies of the tape. Do we provide the tape? What if this was caught on camera at a City Council meeting or in the lobby of the public safety building? 2. City Council meetings are videotaped, and under our Records Retention Schedule, the tapes are erased and reused after one year. A resident requests a copy of a tape from a meeting two years ago. We have the tape because we didn't get around to recycling it. Do we have to provide the tape? 3. The City held a public information meeting on the West Medicine Lake trail project. Individuals attending the meeting signed in with their name, address, and phone number. A week later, a resident comes to City Hall and demands a copy of the sign -in roster. He is upset with the project and says that he intends to call (and keep calling) everyone on the list until they change their tune. Do we provide him with the complete list? Do we delete the phone numbers? 4. A resident calls with a badge number and wants the name of the police officer who just pulled him over, as well as the officer's home address. Do we provide the name? Do we provide the home address? 5. KSTP calls and asks for the names and addresses of all coaches of baseball/softball programs in the City. The coaches are not employees of the City -- they are volunteers. Do we provide the information? 6. Resident A calls and complaints about Resident B's tall grass, weeds, and junk on the property. The City inspects the property and notifies Resident B to eliminate the nuisance. Resident B calls and wants to know who complained about their property. Do we provide this information? 7. A resident calls the City and says, "There are so many accidents near my intersection; we need a stop sign." Do we provide the type and number of police calls to the area? 8. A resident calls the police department because a "suspicious" vehicle is parked on the street outside of their home. They provide the license plate and want the police to run the plate number and give them the name and address of the vehicle owner. Do we provide this information? Do we provide this information if the request is from an apartment manager regarding a vehicle in their parking lot? 9. A resident comes to City Hall and asks for a copy of all e-mails sent to and from the City Clerk in the past year. Do we provide this information? 10. An individual writes a letter about an upcoming agenda item to a Councilmember. The resident writes the same letter to City staff. The City Manager writes a memo on the subject to the Council. Are all of these documents public? CITY OF PLYMOUTH DATA PRACTICES PROCEDURES PUBLIC DOCUMENT L Introduction. These procedures are adopted to comply with the requirements of the Minnesota Data Practices Act (the "Act"), specifically Minnesota Statutes Section 13.03, Subd. 2 and 13.05, Subd. 5 and 8. II. Responsible Authority. The City Council has appointed Laurie Ahrens as the person who is the responsible authority for compliance with the Act. She has appointed Jeanette Sobania, Human Resource Manager, and Barb Cox, Public Safety Support Services, as designees to assist in complying with the Act. III. Access to Public Data. All information maintained by the City is public unless there is a specific statutory designation which gives it a different classification. A. People entitled to Access. Any person has the right to inspect and copy public data. The person also has the right to have an explanation of the meaning of the date. The person does not need to state his or her name or give the reason for the request. B. Form of Request. The request for public data may be verbal or written. A request for information relating to litigation should be made through the City Attorney. C. Time Limits. Requests will be received and processed during normal business hours. If requests cannot be processed or copies cannot be made immediately at the time of the request, it must be supplied as soon as reasonably possible. D. Fees. Fees may be charged only if the requesting person asks for a copy or electronic transmittal of the data. Fees will be charged according to the City's standard copying policy (Exhibit A), unless significant time is required. In that case, the fee will include the actual cost of searching for, retrieving, and copying or electronically transmitting the data. The fee may not include time necessary to separate public from non-public data. The Responsible Authority may also charge an additional fee if the copies have commercial value and are a substantial and discrete portion of a formula, compilation, program, process, or system developed with significant expenditure of public funds. This additional fee must relate to the actual development costs of the information. IV. Access to Data on Individuals. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is attached as Exhibit B. Information to be incorporated on forms used to collect private and confidential information is also attached as Exhibit C. A. People Entitled to Access. Public information about an individual may be shown or given to anyone. Page 1 Data Practices Procedures Private information about an individual may be shown or given to: 2 0 The individual, but only once every six months, unless a dispute has arisen or additional data has been collected. 0 A person who has been given access by the express written consent of the data subject. This consent must be on the form attached as Exhibit D, or a form reasonably similar. 0 People who are authorized access by the federal, state, or local law or court order. 0 People about whom the individual was advised at the time the data was collected. The identity of those people must be part of the Tennessen warning. 0 People within the City staff, the City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. Confidential information may not be given to the subject of the data, but may be shown or given to: 0 People who are authorized access by federal, state or local law or court order. 0 People within the City staff, the City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. B. Form of Request. Any individual may request verbally or in writing whether the City has stored data about that individual and whether the data is classified as public, private, or confidential. All requests to see or copy private or confidential information must be in writing. An information disclosure request, attached as Exhibit E, must be completed to document who requests and who receives this information. The Responsible Authority or Designee must complete the relevant portions of the form. The Responsible Authority or Designee may waive the use of this form if there is other documentation of the requesting party's identity, the information requested, and the City's response. A request for information relating to litigation should be made through the City Attorney. C. Identification of Requesting Party. The Responsible Authority or Designee must verify the identity of the requesting party as a person entitled to access. This can be done through personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means. D. Time Limits. Requests will be received and processed during normal business hours. The response must be immediate, if possible, or within 5 working days if an immediate response is not possible. The City may have an additional 5 working days to respond if it notifies the requesting party that it cannot comply within 5 days. E. Fees. Fees may be charged in the same manner as for public information. Page 2 Data Practices Procedures 3 F. Summary Data. Summary data is statistical records and reports derived from data on individuals but which does not identify an individual by name or any other private or confidential data. Summary data is public. The Responsible Authority or Designee will prepare summary data upon request, if the request is in writing and the requesting party pays for the cost of preparation. The Responsible Authority or Designee must notify the requester of the anticipated time schedule and the reasons for the delay. Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means. The Responsible Authority may ask an outside agency or person to prepare the summary data if 1) the specific purpose is given in writing, (2) the agency or person agrees not to disclose the private or confidential data, and (3) the Responsible Authority determines that access by this outside agency or person will not compromise the privacy of the private or confidential data. The Responsible Authority may use the form attached as Exhibit F. G. Juvenile Records. The following applies to private (not confidential) data about people under the age of 18. , Parental Access. In addition to the people listed above who may have access to private data, a parent may have access to private information about a juvenile subject. "Parent" means the parent or legal guardian of a juvenile data subject, or individual acting as a parent or legal guardian in the absence of a parent or legal guardian. The parent is presumed to have this right unless the Responsible Authority or designee has been given evidence that there is a state law, court order, or other legally binding document which prohibits this right. Notice to Juvenile. Before requesting private data from juveniles, city personnel must notify the juveniles that they may request that the information not be given to their parent(s). This notice should be in the form attached as Exhibit G. Denial of Parental Access. The responsible authority or designee may deny parental access to private data when the juvenile requests this denial and the Responsible Authority or Designee determines that withholding the data would be in the best interest of the juvenile. The request from the juvenile must be in writing stating the reasons for the request. In determining the best interest of the juvenile, the Responsible Authority or Designee will consider: 0 Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences. 0 Whether denying access may protect the juvenile from physical or emotional harm, 0 Whether there is reasonable grounds to support the juvenile's reasons, and 0 Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes Sections 144.341 to 144.347. If so, the data my be released only if failure to inform the parent would seriously jeopardize the health of the minor. Page 3 Data Practices Procedures 4 The Responsible Authority or Designee may also deny parental access without a request from the juvenile under Minnesota Statutes Section 144.335. V. Denial ofAccess. If the Responsible Authority or Designee determines that the requested data is not accessible to the requesting party, the Responsible Authority or Designee must inform the requesting party orally at the time of the request or in writing as soon after that as possible. The Responsible Authority or Designee must place an oral denial in writing upon request. This must also include the specific legal authority for the denial. VI. Collection of Data on Individuals. The collection and storage of information about individuals will be limited to that necessary for the administration and management of programs specifically authorized by the state legislature, city council, or federal government. When an individual is asked to supply private or confidential information about himself or herself, the City employee requesting the information must give the individual a Tennessen warning. This warning must contain the following: the purpose and intended use of the requested data, whether the individual may refuse or is legally required to supply the requested data, any known consequences from supplying or refusing to supply the information, and the identity of other persons or entities authorized by state or federal law to receive the data. A Tennessen warning is not required when an individual is requested to supply investigative data to a law enforcement officer. A Tennessen warning may be on a separate form or may be incorporated into the form which requests the private or confidential data. In certain situations, a victim and/or witness to a crime may request that their identity be withheld from the public by completing the form in Exhibit I. VII. Challenge to Data Accuracy. An individual who is the subject of public or private data may contest the accuracy or completeness of that data maintained by the City. The individual must notify the City's Responsible Authority in writing describing the nature of the disagreement. Within 30 days, the Responsible Authority or Designee must respond and either (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual, or (2) notify the individual that the Authority believes the data to be correct. An individual who is dissatisfied with the Responsible Authority's action may appeal to the Commissioner of the Minnesota Department of Administration, using the contested case procedures under Minnesota Statutes Chapter 14. The Responsible Authority will correct any data if so ordered by the Commissioner. Page 4 Data Practices Procedures VIII. Data Protection A. Accuracy and Currency of Data 5 All employees will be requested to provide updated personal information to the appropriate supervisor and Human Resource Manager, which is necessary for tax, insurance, emergency notifications, and other personnel purposes. Other people who provide private or confidential information will also be encouraged to provide updated information when appropriate. Department heads should periodically review forms used to collect data on individuals to delete items that are not necessary and to clarify items that may be ambiguous. All records must be disposed of according to the City's records retention schedule. B. Data Safeguards Private and confidential information will be stored in files or databases which are not readily accessible to individuals who do not have authorized access and which will be secured during hours when the offices are closed. Private and confidential data must be kept only in City offices, except when necessary for City business. Only those employees whose job responsibilities require them to have access will be allowed access to files and records that contain private and confidential information. These employees will be instructed to: 0 not discuss, disclose or otherwise release private or confidential data to City employees whose job responsibilities do not require access to the data, 0 not leave private or confidential data where non -authorized individuals might see it, and 0 shred private or confidential data before discarding, or dispose through confidential locked recycling. When a contract with an outside party requires access to private or confidential information, the contracting party will be required to use and disseminate the information consistent with the Act. The City may include in a written contract the language contained in Exhibit H. Page 5 Exhibit A ADMINISTRATIVE POLICY REGARDING THE SALE OF COPIES TO THE PUBLIC This policy will give guidance to employees who provide information to the public. The following are charges for various informational materials. Cashier receipts for these items will be provided if requested. Community Development a) Zoning Ordinance 15 b) Zoning Ordinance diskette 5 C) Land Use Guide Plan 5 d) Zoning Map 3 e) Wetland Map 5 f) Wetland Buffer Sign 3 g) Duplicate Inspection Card 4 h) Electrical Permit Appl. 3 i) Surveys 1 Engineering a) z Section Map/Record Plans 1.50 b) 17x22 Street Maps 50 C) 2204 Street Maps 1 d) 30x40 Maps 4 e) Aerials 3 f) Topography 5/acre g) Sepia/Mylar 5 h) Partial Plans 75 Finance Reports a) New Resident Printout 5.00 ($5.50 if mailed) b) Water/Utility History 5.00 C) Labels of all Property Owners in City 150.00 d) Labels of any portion of the City 75.00 e) Printout of all Property Owners in City 75.00 f) Printout of a portion of the City 37.50 g) Any information requiring programming 100/hour h) List of commercial utility accounts 15 paper; $30 labels i) Pending assessment listing 1 per page c and d available in diskette format for additional 50 per diskette) Photocopies Page 6 25 each Fee Schedule Plymouth Police Department Exti%6% A Police Reports First5 pages.........................................................................$3.00 Each additional page.............................................................. $0.05 We attempt to fill all requests immediately, but may need additional time (allow up to 5 working days - need to fill out a request form) Fingerprinting 1 - 3 cards......................................................................... $10.00 Each additional card............................................................... $5.00 By appointment only Videotape copies......................................................................... $25.00 Copies of incident/booking photos ............................ $5 administrative cost plus actual cost of reproducing Copy of cassette tape.................................................................. $10.00 Permit to Carry Handgun Processing Fee......................................no charge Photos for Gun Permits (make bring own or chg if we take) ................ $3.00 Weekly Computer Runs - Available Wednesday mornings at Reception Accident Information/Name List ................................. 50.50/accident Adult Arrest Information/Name List ............................................. N/C Public Information Run.............................................................. N/C MNDriving Record............................................................................ N/C Run only for person requesting with photo I/D) Special Request Computer Reports ...................................................... N/C Allow 5-10 working days - need to fill out a request form) Animal Impound Costs Impound Administrative Fee .................................................. $33.00 Boarding per day................................................................. $12.00 Property Released by Appointment lily 7 Exhibit B NON-PUBLIC DATA MAINTAINED BY CITY 1. Personnel Data (Private) Minn. Stat. §13.43 All data about an individual who is employed as, or an applicant to be, an undercover law officer. All data on all other individual who are or were an employee, an applicant for employment, volunteer, independent contractor, or member or applicant for advisory board or commission, except the following which is public: Name Actual gross salary Contract fees Actual gross pension Value and nature of employer paid fringe benefits Basis for and amount of added remuneration, including expense reimbursement Job title Job description Education and training background Previous work experience Date of first and last employment The existence and status (but not nature) of any complaints or charges against the employee, whether or not resulting in discipline Final disposition of any disciplinary action, with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees Terms of any agreement settling any dispute arising form the employment relationship, including a "buyout" agreement Work location Work telephone number Badge number Honors and awards received Payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other non-public data City and county of residence Names and home addresses of applicants for appointments to and members of an advisory board or commission If it is necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a pre-petition screening team in the commitment process, or (3) a court, law enforcement agency or prosecuting agency. Page 8 2. Employment Data (Private) Minn. Stat. §13.43 Data about current and former applicants for employment or appointment to an advisory board or commission, except the following which is public: Veteran status Relevant test scores Rank on eligible list Job history Education and training Work availability Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviews by the appointing authority) Names and addresses of applicants for and members of an advisory board or commission are public. 3. Property Complaint Data (confidential) Minn. Stat. §13.44 The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. 4. Security Information (Private) Minn. Stat. §13.37 Data which if disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. This also includes interior sketches, photos, or plans of buildings where detailed information about alarm systems or similar issues could jeopardize security. 5. Absentee Ballots (Protected Minn. Stat. §13.37 Nonpublic) Sealed absentee ballots before opening by an election judge. 6. Sealed Bids (Nonpublic) Minn. Stat. §13.37 Sealed bids, including the number of bids received, prior to opening. Page 9 7. Trade Secret Information (Nonpublic) Minn. Stat. §13.37 Government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the City, (2) that is the subject of efforts by the City that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, 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. Labor Relations Information (Nonpublic) Minn. Stat. §13.37 Management positions on economic and non -economic items that have not been presented during the collective bargaining process or interest arbitration, including information collected or created to prepare the management position. 9. Firearms Data (Private) Minn. Stat. §13.36 Data about the purchase or transfer of firearms and applications for permits to carry firearms. 10. Examination Data Minn. Stat. §13.34 Completed versions of personnel and licensing examinations are private, unless the Responsible Authority determines that they should be confidential because access would compromise the objectivity, fairness, or integrity of the examination process. 11. Elected Officials Correspondence (Private) Minn. Stat. §13.33 Correspondence between individuals and elected officials, but either may make it public. 12. Benefit Data HRA (Private) Minn. Stat. §13.31 All data about individuals participating in the City's housing rehabilitation program, Section 8 rental assistance program or other housing assistance program are private, except that the names and addresses of applicants for and recipients of benefits, aid, or assistance through programs administered through the City that are intended to assist with the purchase of housing or other real property are public. 13. Federal Contracts Data (Nonpublic) Minn. Stat. §13.35 To the extent that a federal agency requires it as a condition for contracting with a City, all government data collected and maintained by the City is classified as private or nonpublic. Page 10 14. Civil Investigative Data Minn. Stat. § 13.39 Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation is confidential, except that a complainant's statement is private. 15. Appraisal Data (Confidential) Minn. Stat. §13.50 Appraisals made for the purpose of selling or acquiring land. 16. Assessor's Data (Private) Minn. Stat. §13.51 Data on sale sheets from private multiple listing service organizations. Income information on individuals used to determine eligibility of property for classification under 4c under Minn. Stat. §273.13, Subd. 25 ©. The following data regarding income properties: income and expense figures for current year and past three years, average vacancy factors for past three years, net rentable or useable areas, anticipated income and expenses for current year, projected vacancy factor for current year, and lease information. Social Security numbers (Minn Stat. §13.49). 17. Transportation Service Data (Private) Minn. Stat. §13.521 Personal, medical, financial, familial or locational information, except name, of applicants or users of transportation services for the disabled or elderly. 18. Recreation Data (Private) Minn. Stat. §13.57 For people enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 19. Law Enforcement Data (Private) Minn. Stat. §§13.80 and 13.82 Data collected under the domestic abuse act is confidential. Page 11 Certain arrest data, request for service data, and response or incident data is public under Minn. Stat. 13.82. Otherwise, investigative data collected to prepare a case against a person for the commission of a crime or civil wrong is confidential while the investigation is active. Photographs which are part of inactive investigation files are private if they are clearly offensive to common sensibilities. Booking photographs are public. The identity of a victim of child abuse or neglect is private. The identity of a reporter of child abuse or neglect is confidential. Inactive investigative data which relates to the alleged abuse or neglect of a child by a person responsible for the child's care is private. Videotapes of child abuse victims may not be released under any circumstances without a court order. The following are private: The identity of undercover law enforcement officers The identity of criminal sexual conduct victims. The identity of certain informants. The identity of victims, witnesses, people making a 911 call whose personal safety or property would be threatened by disclosure. The identity of a person making a 911 call to receive help in a mental health emergency. The identity of any juvenile in any case, except arrests certified to stand trial as an adult or in the case of restitution. Reward program data. Unique descriptions of stolen, lost, confiscated, or recovered property are private. Identities of customers of licensed pawnshops and secondhand goods dealers are private. Detention data which would disclose medical, psychological or financial information or endanger an individual's life is private (Minn. Stat. § 13.85). Criminal history data is private, except convictions of crimes within the past 15 years (Minn. Stat. 13.87). Deliberative processes or investigative techniques are confidential. Data in arrest warrants or search warrants is confidential until the individual has been taken into custody, served with a warrant, or appears before the court, except when the law enforcement agency determines that the public purpose is served by making the information public. 20. Human Rights Investigative Data Minn. Stat. § Confidential) Human rights investigative data are confidential. The name and address of the charging party and respondent, factual basis of the allegations, and the statute under which the action is brought are private data. Page 12 21. Planning Survey Data (Private/Nonpublic) Minn. Stat. §13.43 The following data collected in surveys of individuals conducted by the City for the purpose of planning, development and redevelopment are classified as private or nonpublic: names and addresses of individuals and the legal descriptions of property owned by the individuals, and the commercial use of the property to the extent disclosure of the use would identify a particular business. 22. Economic Assistance Data (Nonpublic) Minn. Stat. §13.62 The following data collected by the City in administration of a city economic development assistance program are classified as nonpublic: application data, except company name, addresses, and other data that identify the applicant, until the application is approved by the City. Application data, except company names, addresses, and other data that identify the applicant, that pertain to companies whose applications have been disapproved. Attachments to applications including, but not limited to, business and personal financial records, until the application is approved. Income tax returns, either personal or corporate, that are filed by applicants; and correspondence between the program administrators and the applicant until the application has been approved or disapproved. 23. Ice Arena Rentals Minn. Stat. § 13.55 The following data relating to convention rentals are classified as private and nonpublic: Letter or other documentation from any person who makes inquiry to or who is contacted by the facility regarding the availability of the facility for staging events, identity of firms and corporations which contact the facility, type of event which they wish to stage in the facility, suggested terms of rentals, and responses of authority staff to these inquiries, exhibitor data. All ice rental and meeting room rental at the facility is public information. 24. City Attorney Records. Minn. Stat. §13.30 The use, collection, storage, and dissemination of data by the city attorney is governed by statutes, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney-client privilege is confidential. Data which is the subject of the "work product" privilege is confidential. Page 13 Exhibit C DATA PRACTICES ADVISORY Tennessen Warning) Some or all of the information that you are asked to provide on the attached form is classified by state law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is: You are / are not legally required to provide this information. If you refuse to supply the information, the following may happen: Other persons or entities who are authorized by law to receive this information are: Page 14 Exhibit D CONSENT TO RELEASE PRIVATE DATA I, print name) following private data about me: to the following person or people: authorize the City of Plymouth ("City") to release the The person or people receiving the private data may use it only for the following purpose or purposes: This authorization is dated and expires on The expiration cannot exceed one year from the date of the authorization, except in the case of authorizations given in connection with applications for life insurance or non -cancelable or guaranteed renewable health insurance and identified as such, two years after the date of the policy. I agree to give up and waive all claims that I might have against the City, its agents and employees for releasing data pursuant to this request. X Identity verified by: Signature Witness: x Identification: Driver's License, State ID, Passport, other: Comparison with signature on file Other: Responsible Authority/Designee: Page 15 Exhibit E City of Plymouth REQUEST FOR INFORMATION Minnesota Government Data Practices Act A. Completed by Requester REQUESTER NAME (Last, First, M.): DATE OF REQUEST: STREET ADDRESS: PHONE NUMBER: CITY, STATE, ZIP: SIGNATURE: DESCRIPTION OF THE INFORMATION REQUESTED: NON-PUBLIC APPROVED PRIVATE B. Completed by Department DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: ACTION: PUBLIC NON-PUBLIC APPROVED PRIVATE PROTECTED NON-PUBLIC APPROVED IN PART (Explain below) CONFIDENTIAL DENIED (Explain below) REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: PHOTOCOPYING CHARGES: IDENTITY VERIFIED FOR PRIVATE INFORMATION NONE IDENTIFICATION: DRIVER'S LICENSE, STATE ID, Etc. Pages x _0 _ COMPARISON WITH SIGNATURE ON FILE Special Rate: attach explanation) PERSONAL KNOWLEDGE OTHER: AUTHORIZED SIGNATURE: Page 16 Name: PLYMOUTH POLICE DEPARTMENT 3400 Plymouth Boulevard Plymouth, MN 55447 REQUEST FOR POLICE INFORMATION Please NOTE the Plymouth Police Department reserves the right to take up to five (5) clays to process these requests. Date: full name -first, middle, last -- no initials please) Information requested: (please include case number or date of incident if known) If we cannot fill your request immediately, how would you prefer to receive it: Mailed, send to: Faxed, my fax number is: Picked up, please call me at Signature: Cost of Report: DEPARTMENT USE ONLY: Recd / / Receipt # Access: Inspect Copy_ Request processed by when report is available. Make checks payable to City of Plymouth. Deny Sent / /_ If denied, reason/initials Page 17 Exhibit F GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT AUTHORIZATION. City of Plymouth ("City") hereby authorized Authorized Party") access to the following government data: 2. PURPOSE. Access to this government data is limited to the objective of creating summary data for the following purposes: 3. COST. (Check which applies): The Authorized Party is the person who requested the summary data and agrees to bear the City's costs associated with the preparation of the data which has been determined to be $ The Authorized Party has been requested by the City to prepare summary data and will be paid in accordance with attached Exhibit A. 4. SECURITY. The Authorized Party agrees that it and any employees or agents under its control must protect the privacy interests of individual data subjects in accordance with the terms of this Agreement. The Authorized Party agrees to remove all unique personal identifiers which could be used to identify any individual from data classified by state or federal law as not public which is obtained from City records and incorporated into reports, summaries, compilations, articles, or any document or series of documents. Data contained in files, records, microfilm, or other storage media maintained by the City are the City's property and are not to leave the City's custody. The Authorized Party agrees not to make reproductions of any data or remove any data form the site where it is provided, if the data can in any way identify an individual. No data which is not public and which is irrelevant to the purpose stated above will ever be disclosed or communicated to anyone by any means. Page 18 ACCESS AND NONDISCLOSURE AGREEMENT 2 The Authorized Party warrants that the following named individual(s) will be the only person(s) to participate in the collection of the data described above: 5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use or disclosure of government data collected, used and maintained in the exercise of this Agreement and classified as not public under state or federal law. The Authorized Party understands that it may be subject to civil or criminal penalties under those laws. The Authorized party agrees to defend, indemnify, and hold the City, its officers and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from an act or omission of the Authorized Party, its agents, employees or assignees under this agreement and against all loss by reason of the Authorized Party's failure to fully perform in any respect all obligations under this Agreement. 6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees at all times during the term of the Agreement to maintain insurance covering the Authorized Party's activities under this Agreement. The insurance will cover $1,000,000 per claimant for personal injuries and/or damages and $1,000,000 per occurrence. The policy must cover the indemnification obligation specified above. 7. ACCESS PERIOD. The Authorized Party may have access to the information described above from to 8. SURVEY RESULTS. (Check which applies): If the Authorized Party is the requester, a copy of all reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be made available to the City in its entirety. If the Authorized Party is a contractor of the City, all copies of reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be provided to the City. The Authorized Party may retain one copy for its own records but may not disclose it without City permission, except in defense of claims brought against it. AUTHORIZED PARTY: LIM Title (if applicable): CITY OF PLYMOUTH LN Its: Page 19 Date: Date: Exhibit G NOTICE TO PERSONS UNDER AGE OF 18 Some of the information you are asked to provide is classified as private under state law. You have the right to request that some of the information not be given to one or both of your parents/legal guardians. Please complete the form below if you wish to have information withheld. Your request does not automatically mean that the information will be withheld. State law requires the City to determine if honoring the request would be in your best interest. The City is required to consider: Whether you are of sufficient age and maturity to explain the reasons and understand the consequences, Whether denying access may protect you from physical or emotional harm, Whether there is reasonable grounds to support your reasons, and Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes Sections 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize your health. NOTICE GIVEN TO: Date: I IWO title) Request to Withhold Information I request that the following information: Be withheld from: For these reasons: Date: Print Name: Signature: Page 20 Exhibit H SAMPLE CONTRACT PROVISION Data Practices Compliance. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements of the Act or this contract. Upon termination of this contract, Contractor agrees to return data to the City, as requested by the City. Page 21 Date: Name: PLYMOUTH POLICE DEPARTMENT 3400 Plymouth Boulevard Plymouth, MN 55447 Ext id %f S REQUEST FOR CONFIDENTIALITY The identity of a victim and/or witness to a crime may be withheld from the public IF the victim/witness specifically requests that his identity not be revealed, AND the agency reasonably determines that revealing the identity of the victim/witness would threaten the personal safety or property of the individual. full name - first, middle, last -- no initials please) Plymouth Police Case Date of Number (if known): Incident: I, hereby request my name in regards to the above listed report be held as confidential by the Plymouth Police Department. This request is made as I believe release of my name would affect: My personal safety The safety of my property The reasons for this belief on my part are as follows: DEPARTMENT USE ONLY: Request reviewed by: Request approved or denied. Person notified Page 22 Open Meeting Law 471.705 471.705 Meetings of governing bodies; open to public; exceptions. Subdivision 1. Presumption of openness. Except as otherwise expressly provided by statute, all meetings, including executive sessions, of any state agency, board, commission or department when required or permitted by law to transact public business in a meeting, and the governing body of any school district however organized, unorganized territory, county, city, town, or other public body, and of any committee, subcommittee, board, department or commission thereof, shall be open to the public, except meetings of the commissioner of corrections. The votes of the members of such state agency, board, commission, or department or of such governing body, committee, subcommittee, board, department, or commission on any action taken in a meeting herein required to be open to the public shall be recorded in a journal kept for that purpose, and the journal shall be open to the public during all normal business hours where such records are kept. The vote of each member shall be recorded on each appropriation of money, except for payments of judgments, claims and amounts fixed by statute. This section shall not apply to any state agency, board, or commission when exercising quasi-judicial functions involving disciplinary proceedings. Subd. la. Labor negotiations. Subdivision 1 does not apply to a meeting held pursuant to the procedure in this subdivision. The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussion and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25. The time of commencement and place of the closed meeting shall be announced at the public meeting. A written roll of members and all other persons present at the closed meeting shall be made available to the public after the closed meeting. The proceedings of a closed meeting to discuss negotiation strategies shall be tape-recorded at the expense of the governing body. The recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period. If an action is brought claiming that public business other than discussions of labor negotiation strategies or developments or discussion and review of labor negotiation proposals was transacted at a closed meeting held pursuant to this subdivision during the time when the tape is not available to the public, the court shall review the recording of the meeting in camera. If the court finds that this subdivision was not violated, the action shall be dismissed and the recording shall be sealed and preserved in the records of the court until otherwise made available to the public pursuant to this subdivision. If the court finds that this subdivision was violated, the recording may be introduced at trial in its entirety subject to any protective orders as requested by either party and deemed appropriate by the court. Subd. lb. Written materials. In any meeting which under subdivision 1 must be open to the public, at least one copy of any printed materials relating to the agenda items of the meeting prepared or distributed by or at the direction of the governing body or its employees and: 1) distributed at the meeting to all members of the governing body; 2) distributed before the meeting to all members; or 3) available in the meeting room to all members shall be available in the meeting room for inspection by the public while the governing body considers their subject matter. This subdivision does not apply to materials classified by law as other than public as defined in chapter 13, or to materials relating to the agenda items of a closed meeting held in accordance with the procedures in subdivision 1 a or other law permitting the closing of meetings. Subd. 1 c. Notice of meetings. (a) Regular meetings. A schedule of the regular meetings of a public body shall be kept on file at its primary offices. If a public body decides to hold a regular meeting at a time or place different from the time or place stated in its schedule of regular meetings, it shall give the same notice of the meeting that is provided in this subdivision for a special meeting. b) Special meetings. For a special meeting, except an emergency meeting or a special meeting for which a notice requirement is otherwise expressly established by statute, the public body shall post written notice of the date, time, place, and purpose of the meeting on the principal bulletin board of the public body, or if the public body has no principal bulletin board, on the door of its usual meeting room. The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings with the public body. This notice shall be posted and mailed or delivered at least three days before the date of the meeting. As an alternative to mailing or otherwise delivering notice to persons who have filed a written request for notice of special meetings, the public body may publish the notice once, at least three days before the meeting, in the official newspaper of the public body or, if there is none, in a qualified newspaper of general circulation within the area of the public body's authority. A person filing a request for notice of special meetings may limit the request to notification of meetings concerning particular subjects, in which case the public body is required to send notice to that person only concerning special meetings involving those subjects. A public body may establish an expiration date for requests for notices of special meetings pursuant to this paragraph and require refiling of the request once each year. Not more than 60 days before the expiration date of a request for notice, the public body shall send notice of the refiling requirement to each person who filed during the preceding year. c) Emergency meetings. For an emergency meeting, the public body shall make good faith efforts to provide notice of the meeting to each news medium that has filed a written request for notice if the request includes the news medium's telephone number. Notice of the emergency meeting shall be given by telephone or by any other method used to notify the members of the public body. Notice shall be provided to each news medium which has filed a written request for notice as soon as reasonably practicable after notice has been given to the members. Notice shall include the subject of the meeting. Posted or published notice of an emergency meeting shall not be required. An "emergency" meeting is a special meeting called because of circumstances that, in the judgment of the public body, require immediate consideration by the public body. If matters not directly related to the emergency are discussed or acted upon at an emergency meeting, the minutes of the meeting shall include a specific description of the matters. The notice requirement of this paragraph supersedes any other statutory notice requirement for a special meeting that is an emergency meeting. d) Recessed or continued meetings. If a meeting is a recessed or continued session of a previous meeting, and the time and place of the meeting was established during the previous meeting and recorded in the minutes of that meeting, then no further published or mailed notice is necessary. For purposes of this clause, the term "meeting" includes a public hearing conducted pursuant to chapter 429 or any other law or charter provision requiring a public hearing by a public body. e) Closed meetings. The notice requirements of this subdivision apply to closed meetings. f) State agencies. For a meeting of an agency, board, commission, or department of the state, (i) the notice requirements of this subdivision apply only if a statute governing meetings of the agency, board, or commission does not contain specific reference to the method of providing notice, and (ii) all provisions of this subdivision relating to publication shall be satisfied by publication in the State Register. g) Actual notice. If a person receives actual notice of a meeting of a public body at least 24 hours before the meeting, all notice requirements of this subdivision are satisfied with respect to that person, regardless of the method of receipt of notice. Subd. 1 d. Treatment of data classified as not public. a) Except as provided in this section, meetings may not be closed to discuss data that are not public data. Data that are not public data may be discussed at a meeting subject to this section without liability or penalty, if the disclosure relates to a matter within the scope of the public body's authority and is reasonably necessary to conduct the business or agenda item before the public body. Data discussed at an open meeting retain the data's original classification; however, a record of the meeting, regardless of form, shall be public. b) Any portion of a meeting must be closed if expressly required by other law or if the following types of data are discussed: 1) data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; 2) active investigative data as defined in section 13.82, subdivision 5, or internal affairs data relating to allegations of law enforcement personnel misconduct collected or created by a state agency, statewide system, or political subdivision; or 3) educational data, health data, medical data, welfare data, or mental health data that are not public data under section 13.32, 13.38, 13.42, or 13.46, subdivision 2 or 7. c) A public body shall close one or more meetings for preliminary consideration of allegations or charges against an individual subject to its authority. If the members conclude that discipline of any nature may be warranted as a result of those specific charges or allegations, further meetings or hearings relating to those specific charges or allegations held after that conclusion is reached must be open. A meeting must also be open at the request of the individual who is the subject of the meeting. d) A public body may close a meeting to evaluate the performance of an individual who is subject to its authority. The public body shall identify the individual to be evaluated prior to closing a meeting. At its next open meeting, the public body shall summarize its conclusions regarding the evaluation. A meeting must be open at the request of the individual who is the subject of the meeting. e) Meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege. Subd. 1 e. Reasons for closing a meeting. Before closing a meeting, a public body shall state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. Subd. 2. Penalties. (a) Any person who intentionally violates this section shall be subject to personal liability in the form of a civil penalty in an amount not to exceed $300 for a single occurrence, which may not be paid by the public body. An action to enforce this penalty may be brought by any person in any court of competent jurisdiction where the administrative office of the governing body is located. If a person has been found to have intentionally violated this section in three or more actions brought under this section involving the same governing body, such person shall forfeit any further right to serve on such governing body or in any other capacity with such public body for a period of time equal to the term of office such person was then serving. The court determining the merits of any action in connection with any alleged third violation shall receive competent, relevant evidence in connection therewith and, upon finding as to the occurrence of a separate third violation, unrelated to the previous violations issue its order declaring the position vacant and notify the appointing authority or clerk of the governing body. As soon as practicable thereafter the appointing authority or the governing body shall fill the position as in the case of any other vacancy. b) In addition to other remedies, the court may award reasonable costs, disbursements, and reasonable attorney fees of up to $13,000 to any party in an action under this section. The court may award costs and attorney fees to a defendant only if the court finds that the action under this section was frivolous and without merit. A public body may pay any costs, disbursements, or attorney fees incurred by or awarded against any of its members in an action under this section. c) No monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was a specific intent to violate this section. Subd. 3. Citation. This section may be cited as the Minnesota open meeting law." HIST: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art I s 39 Thoiwis J. C:amhhrlI Roger N. K11UtS0 ) Thotim., M. Scott jary Ci. Fuchs lamcs R. Walston Elliott B. Knctsch CAMPBELL, KNUTSON, SCOTT & FUCHS, PA. Attorneys at Law 612) 452-5000 Fax (612) 452-5»0 April 14, 1995 Andre., \1clV\\cll POChlcr Todd L. \ i>.rn 1:ir_cicritr M. \1cC.nnon Gcor_c T. Sichhc;;-,vj PLYMOUTH CITY COUNCIL Joy Tierney, Mayor David A. Anderson, Councilmember (Ward 1) Tim Wold, Councilmember (Ward 2) _' t Nicholas P. Granath, Councilmember (Ward 3) John W. Edson, Councilmember (Ward 4) Chuck G. L man ood Councilmember At Large) Y g Carole J. Helliwell, Councilmember (At Large) RE: OPEN MEETING LAW Dear Mayor and Councilmembers: I have been asked to update you on changes made by the legislature in 1994 to the open meeting law and to summarize what you need to know about the law to survive. A copy of the law as amended is attached. The following summary using a question and answer format makes every answer black and white. Everything that is really gray I have labelled black. I have done this because the best way to stay out o court is not to ecome a test case that determines whether gray is really white or really black. Q. What changes did the legislature make to the open meeting law in 1994? A. The 1994 legislative session enacted the following changes: Specifies that public meetings are presumed open. Limits the ability to obtain tape recordings of closed labor negotiation strategy sessions by filing a court case prior to the two-year window of privacy. Specifies that the open meeting law's provisions regarding notice for emergency meetings supersede any other statutory notice requirement for a special meeting that is an emergency meeting. Deletes the requirement that during a public meeting a public body must make reasonable efforts to protect from disclosure not public data by using reference to letters, numbers, or other codes. Clarifies the requirements that public bodies must close one or more meetings for the preliminary consideration of personnel allegations or charges. Increases the civil penalty from $100 to $300. Suite 317 • Ea,andale Office Center • 1380 Corporate CCntCr CUrVC • Lumn. \1N 55121 Plymouth City Council April 14, 1995 Page 2 Specifies that forfeiture of office may be imposed only upon prevailing in three separate actions involving intentional violations. Authorizes reasonable attorney fees for plaintiffs up to $13,000. Authorizes reasonable attorney fees for defendants up to $13,000 if the court finds that the action was frivolous and without merit. Specifies that a public body may pay any costs or fees (but not the fines) incurred by or awarded against any of its members in an open meeting law action. Specifies that no monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was a specific intent to violate the open meeting law. Q. What is a "meeting" of the City Council for purposes of the open meeting law? A. A meeting takes place whenever four or more council members (a quorum) are together and city business is acted upon, or city business is discussed, or information is received concerning city business. Q. Can four or more council members go to a neighborhood meeting or townhome association meeting to listen to citizen concerns? A. Yes, but when that happens it constitutes a meeting of the Plymouth City Council for purposes of the open meeting law. As long as proper notice is given and the meeting is open to the public, it is no problem. Q. Does the open meeting law apply when four or more council members go to a county board meeting, state legislature session, a metropolitan council meeting, a city planning commission meeting, or other public meetings during which city business is discussed? A. The safest position is to assume that the open meeting law applies and that four council members should not be present unless proper notice has been given that the Plymouth City Council will meet. Q. Does the open meeting law apply to a committee of council members that is less than a quorum (four members) of the entire council? A. The open meeting law does not apply to informal or one-time "committees" of council members assuming there is less than a quorum of the council members on the committee. The safest course, however, is to assume that the open meeting law applies to all regular or standing committees. Q. Are chance meetings, social gatherings or parties subject to the open meeting law? A. It depends. If at a social function or gathering.a quorum of the council is present that: 1) decides business; 2) discusses city business; or 3) receives information on city business; the open meeting law applies. Plymouth City Council April 14, 1995 Page 3 Q. Are we protected if we unintentionally violate the open meeting law? A. An unintentional violation is still a violation. The 1994 legislature, however, amended the law to provide that monetary penalties, attorney fees, and removal from office may only be awarded if "there was a specific intention to violate.... the open meeting." Q. Are telephone calls covered? A. The same rules apply whether council members are in the same room or on the phone. Q. What happens if councilmember "A" talks to councilmembers "B" and "C" and then councilmember "C" passes on the information to councilmember "D"? A. Serial meetings or phone calls violate the law. Q Under what circumstances can we close a meeting to the public? A. Please don't close a meeting without checking with me. Public notice must be given even of closed meetings. The law allows closed meetings for the following: The council must close a meeting for preliminary consideration of allegations or charges against an individual subject to the city council's authorization unless the individual requests that the meeting be open to the public. Evaluating employee performance. To discuss pending litigation with the city attorney. Labor negotiations. If you have any specific questions or -would like additional information, please call. RNK: srn cc: Dwight Johnson Very truly BELL, KNUTSON. SCOTT MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: October 3, 1997 TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager SUBJECT: Budget Issues At the August 20 budget study session, you raised several budget issues for further discussion. These issues are: council conferences and training council salaries and benefits ergonomic driver seats for police squad cars. Information is attached on these topics. 8/15/97 Budget Comparison for City Council Training, Conferences, Travel Summary Information (detail follows) -- City, 1996 Actual 1997 Budget Apple Valley 19,112 25,300 Bloomington 8,684 16,320 Brooklyn Park 4,742 6,250 Burnsville 5,761 5,641 Chanhassen 6,998 8,000 Coon Rapids 17,111 17,120 Crystal 6,715 10,000 Edina 3,175 3,800 Eagan 0 1,000 Golden Valley 12,308 13,000 Maple Grove 1,733 2,200 Minnetonka 19,493 18,500 New Hope 4,610 4,700 Plymouth 822 2,500 Richfield 1,329 2,000 St. Louis Park Apple Valley 1996 Actual 1997 Budget Training 2,184 1,800 Conferences 12,186 17,250 Travel 4,742 6,250 Bloomington 1996 Actual 1997 Budget Registrations 2,307 4,120 Meals & Travel 2,997 5,150 Lodging 2,173 5,150 Local Meetings 1,207 900 Other 0 1,000 Burnsville 1996 Actual 1997 Budget Training 1,733 2,200 Conferences 2,528 2,400 Travel 1,500 1,041 Chanhassen 1996 Actual 1997 Budget Travel & Training 6,998 8,000 8/15/97 Coon Rapids 1996 Actual 1997 Budget Travel, Schools, Conferences 17,111 17,120 Crystal 1996 Actual 1997 Budget 6,715 10,000 Edina 1996 Actual 1997 Budget Council Training 0 500 Conferences 3,175 3,300 Golden Valley 1996 Actual 1997 Budget Conferences & Schools 12,308 13,000 Minnetonka 1996 Actual 1997 Budget Training 1,991 2,500 Conferences & Travel 16,200 14,000 Use of Personal Car 1,302 2,000 New Hope 1996 Actual 1997 Budget 4,610 4,700 Plymouth 1996 Actual 1997 Budget Training 214 1,000 Conferences/seminars 608 1,500 Richfield 1996 Actual 1997 Budget 1,329 2,000 CITY MAYOR AND COUNCH24EMMERS ANNUAL INCOME / BENEFITS Bloomington 16,000 10,000 Eligible for insurance health, dental & life) 0 Receive pension Mileage (under employee travelpolicy) Brooklyn Center 96 7,700 96 5,700 Eligible for PERA 97 8,000 97 6,000 No additional benefits Brooklyn Park 96 13,356 196 8,904 No benefits 97 13,692 97 9 132 Eden Prairie 7,200 6,000 Eligible for PERA Per diem 25 0-2 hours 50 over 2 hours 50 maximum per da Edina 7,050 5,100 No benefits Minnetonka 8,400 5,604 No benefits Maple Grove 96 8,500 96 6,500 Option for Deferred 97 8,800 97 6,800 Comp Plan Mileage Per diem Plymouth 8,600 6,300 Eligible for health, dental Eligible for PERA Richfield 7,762 6,025 Eligible for PERA No additional benefits St. Louis Park 9,609 7,200 No benefits d Agenda Number: 5T 0 TO:Ziff Dwight D. Johnson, City Manager FROM:Craig C. Gerdes, Director of Public Safety SUBJE SQUAD CAR SEATS DATE: October 1, 1997 for October 8, 1997 Council Meeting 1. ACTION REQUESTED: Several Council Members have called requesting information on specialized squad car seats. I am providing information for Council review at this time. 2. BACKGROUND: In late 1996, the Public Safety Department was looking at some equipment to purchase out of surplus funds at the end of the year. During this time, members of the patrol division obtained information on some types of equipment for use in the squad cars. A couple of officers had interest in some specialized squad car seats with ergonomic value. They obtained information on seats used by the State Patrol and some other departments, including Golden Valley Police. The major purchases out of 1996 surplus funds were Opticon equipment and the speed trailer. These purchases required most of the funds available out of 1996 surplus; and the information on the seats was put into consideration for the 1998 budget requests. As the department worked on the 1998 budget requests, the request for new squad car seats did not make a high enough priority to remain in the Public Safety overall budget request. 3. DISCUSSION: Information on the seats was submitted to the Patrol Lieutenant. As part of his research into the seats, he spoke with Golden Valley Police Department on their history with the seats. They noted that when they put the seats into their squads, many of the officers, especially senior officers, initially complained about the seats. They noted the seats are very stiff and difficult to get used to. The seats are also manual as opposed to the current automatic; however, once they did become accustomed to the seats, they did like them. There are also a number of safety features of the seat which are highlighted in the brochure. A copy of the brochure on the seats is attached for information. There is interest in this issue within the Plymouth Patrol Division. The degree of interest has not been quantified, since the issue has not been referred to the internal Equipment Committee for review and recommendation; nor has a survey of the interest across the division been compiled. 4. ALTERNATIVES: Alternatives would be to: purchase the seats out of 1997 Contingency Funds as soon as possible purchase the seats out of 1997 Surplus Funds in early 1998 send to the Police Department equipment committee for further consideration and/or recommendation. 5. BUDGET IMPACT: The cost for the seat under State Contract is $895 per seat. With shipping and mounting brackets the total per seat would be $950 each. There would be an additional $60 charge for the Tahoe vehicle as different brackets are required. We believe our maintenance shop could perform the installation of the seats; however, if outside installation is required, an additional $58 installation fee per seat would be added. The patrol division currently has 15 marked vehicles assigned to it. One of these will be a Tahoe. That would make the total cost for putting these seats in all marked squads 14,310 ($950 X 15 = $14,250 + $60 for Tahoe brackets). If we need to have outside installation, there would be another $870 required for a total cost of $15,180. 6. RECOMMENDATION: We recommend the City Council consider all information provided on the squad car seats and direct staff how to proceed. PRO COPPER" The Most Ergonomic Vehicle Seat Meets or exceeds Federal Motor Vehicle Safety and Department of Transportation standards Fixed steel frame eliminates seat back failure and occupant submarining Integral head restraint prevents whiplash Easier and faster entrance and exit B. Low-density --— polyethylene shell - conforms to natural 'S" curve of the spine and reduces driver fatigue 0. Seat Covers - Covers are replaceable in minutes and durable, with over 1 million double rubs capability. H. Optional arm rest - heavy-duty large arm Pad reduces fatigue E. Minimal foam - yet enough to complement the ergonomic support of the Dymetrol and Fess to break d01Nn Maximum Comfort, Easy height and tilt adjustment Fixed Seat back angle supports the most • Prevents back strain caused by routine attentive -alert operator position' improper seating and posture Patented DuPont Dymetrol design • Two lumbar supports: built-in design and suspension absorbs vibration and reduces squeeze -bulb adjustment driver fatigue. Optional armrest for added stress relief Waterfall suspension edge reduces leg stress Seat back cutaway design reduces interference with equigment. back pain arc 'aeric 'Near C. Fixed back steel frame - key to driver safety creverts eat a_ck'aiiure Superior Value Suspension materials covered by a _IFETIME GUARANTEE Reduces worker's compensation and lowers health insurance costs Eliminates need for OEM heavy-duty or cower seats User -replaceable cushions Allows reuse of OEM seats to increase resale value D. DuPont Dymetrol suspension - dictates proper and consistent seating for the life of the seat A. Cutaway back - designed for weapon clearance F. Inflatable, adjustable lumbar - adj;.:: ame air pressure for !ower back supc.rrt and comfort MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD,PLYMOUTH, MN 55447 DATE: October 2, 1997 TO: Mayor and City Council FROM: Dwight D. Johnson, City Manager SUBJECT: Assignment of City Volunteers to Council Members Issue. Council member Saundra Spigner has requested that a volunteer from the City's Volunteer Program be recruited and assigned to her to assist with constituent requests. The City Volunteer Program was established in 1992. It has been a policy and a practice since its inception that all volunteers must be assigned to a full-time City staff member for supervision. The Council should address whether or not to change the policy to allow volunteers to be assigned to one or more council members. Discussion. Various staff members have been asked about the original intent of the policy. The following observations have arisen from staff discussion of the matter. City volunteers act legally as agents of the City as do City employees. The City can incur liability for actions of its volunteers such as libel, slander, civil rights violations, or data practices violations. City volunteers may sometimes need to be corrected or even released if problems arise. This responsibility belongs to City staff under the Charter. Could the City staff take such actions if the volunteer is assigned to a council member? Can the line between political and governmental activities be reasonably be observed? Can a clear distinction always be drawn? What is the staff's working relationship with a volunteer assigned to a Council member? Does the volunteer speak for the Council member when talking to staff? Alternatives. There may be several alternatives to fully or partially address the issue: 1. Assign clerical staff to assist with any clerical functions Council members need. 2. Council members could seek their own volunteers outside the City Program. 3. Continue the status quo of having various staff members help, depending on the issue. Summary. The issues noted above may not be highly likely to occur, but some of the issues could be serious concerns if they did happen. Generally, staff would prefer one of the alternatives noted above. DATE: October 3, 1997 TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager SUBJECT: Discussion of Possible Ward/Town Meetings Some councilmembers are interested in holding ward/town meetings this fall. The city last held ward/town meetings during the fall of October 1994. I wanted to provide a little background information on the 1994 meetings, and offer some discussion points. 1994 Ward/Town Meetings Four ward/town meetings were held in October, one during each week of the month. Brochures were mailed to each resident, and the meetings were advertised in the Plymouth News, the Sun Sailor, and the Lakeshore Weekly News. A copy of the brochure is attached. The meetings were televised live from the Council Chambers, and then replayed at later times. In general, the topics for the meeting included general city-wide issues, projects and issues specific to the ward, and then an open forum. A copy of the agenda for the Ward 1 meeting also is attached. Citizens also had an opportunity to fill out a feedback form, describe any issue or concern, and evaluate the meeting. Staff then followed up on each of the feedback forms as appropriate. The Ward 1 meeting had the best attendance, with between 80 - 100 people. The other ward meetings were less well attended. In total, under 200 citizens attended the four meetings. The cost of mailing the brochure was around $4,000. A direct mail service was used, and mailing labels were obtained from the city's utility billing system. Discussion Issues . Desired Outcome for Meetings. What outcome do you seek from the meeting? Do you want to update citizens on various city projects and issues, or do you want to engage 1i AW citizens in general conversation about city issues? Thinking about what you want to come out of the meeting will help structure the agenda. Format of Meetings. A number of possibilities exist for the meeting format. The 1994 format had city staff present updates on various city-wide issues and on issues specific to wards. The meeting then became more of a question and answer, open forum setting. Councilmembers can moderate the meeting and make presentations, or city staff can moderate. If one large meeting is held, it would be possible to have break-out sessions by ward, attended by the appropriate councilmember and staff. The meetings can reflect whatever combination of council -staff involvement with which you are comfortable. Numbers of Meetings and Possible Dates. In 1994 one meeting was held for each ward. This can be the pattern for meetings this year, but also wards can be combined or one large meeting can be held. Possible dates in November are November 13,18, and 20. If November dates do not work, it is probably best to postpone the meetings until after the first of the year. Location of Meetings. If televising meetings is preferred, then the meetings must be held in the council chambers. Other options include the large community room at the Plymouth Ice Center, or to renting space. Publicizing the Meetings. In 1994, mailing brochures to residents was not particularly cost effective, given that attendance was low. With attendance of around 200, it cost 20 per attendee to mail the brochure. I would not recommend direct mailing. If November meetings are held, the November Plymouth News could have a front page article announcing the meetings and inviting the public. Channel 37, the city's web site, and news releases all will be used to publicize the meetings. If you decide on November dates, it will be best to establish these at the October 15 council meeting, so that publicity can be developed. Recommendation If the City Council decides to hold ward meetings, I recommend that one large "town" meeting be held in November, with an opportunity for residents to meet in breakout sessions by ward. Both the council and city staff will update citizens on community- wide issues and on issues specific to wards. TOWN MEETING AGENDA October 5, 1994 7:00 p.m. I. Welcome H. Council Goals and Objectives M. Major Issues in Plymouth Mayor Joy Tierney Councilmember David Anderson Dwight Johnson, City Manager 1995 Budget Proposed Wetlands Ordinance Planning for Northwest Plymouth Open Space Acquisition County Road 9 Expansion City Projects in Ward 1 IV. Ward 1 is talking about.....:. V. Open Forum Councilmember David Anderson WHATARE WARD MEETINGS? Each year the Plymouth City Council holds public meetings for residents in the City's four wards. At these meetings you will have an informal opportunity to: Hear about city-wide issues and plans; Find out about issues that impact your ward and neighborhood; and Discuss issues and concerns with your ward's council repre- sentative, other councilmembers and city staff. Ln s m Ln o Zo E 0Ln a >, _c o o a- n 0 UAEL ilow 1994 WARD MEETINGS CITY OF PLYMOUTH WHEN WILL THE COUNCIL HOLD WARD MEETINGS? The meeting for your ward, Ward 3, is set for: Wed., Oct. 19, 7 p.m. Meetings for the other three wards are scheduled for: Wed., Oct. 5, 7 p.m. - Ward 1 Mon., Oct. 10, 7 p.m. -- Ward 2 Mon., Oct. 24, 7 p.m. -- Ward 4 All meetings will be held at the Plymouth City Center, 3400 Plymouth Blvd. If you are interested in news from the other wards, tune in to channel 37 the night of the meeting. All meetings will be shown live and replayed the follow- ing Friday at 5 p.m. PLYMOUTH _ 1 ro WHAT WI LL TH EY D ISCUSS? Some of the issues that Councilmem- bers and city staff will update you on, include: City Council Goals Wetlands Ordinance Open Space Acquisition Planning for Northwest Plymouth 1995 Budget Proposals Issues and Projects Specific to Your Individual Ward WHOP O 1 CALL FOR MORE INFORMATION? If you have questions about the ward meetings, please call Administration, at 550-5010. If you will not be able to attend, but wish to leave a comment, please call the Citizen Customer Service Line at 550-5062. PLYMOUTH CITY COUNCIL Mayor Joy Tierney 550-5069 (voice mail) Ward 1 David A. Anderson 550-5091 Ward 3 Nicholas Granath 550-5092 NGRANATH@AOL.COM At -Large Carole Helliwell 550-5066 Ward 2 Sheryl G. Morrison 550-5068 Ward 4 John Edson 550-5067 At -Large Chuck Lymangood 550-5093