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Pol ice Com puter Project
Update 7-12-99
Original price for Vision records software as presented to
the council was $125,376.00.
This price was dependent on Anoka County letting us tie
into their mobile message switch.
Since that time, Anoka has decided that if we were to
hook up, it would be a low priority item and would not
. occur until sometime in mid-2,000 - which is , ; past our
Y2K deadline.
Vision was contacted and the problem was explained.
They cut the cost of the records software to $75,460.00, a
saving of almost $50,000.00
We now had to buy their mobile package software, which
had a price of $54,194.00, bringing the entire software
package up to $130,654.00 or $5,000.00 more than
originally asked for.
.
.
2
It also required the purchase of additional hardware. The
additional hardware required was as follows:
2- Compaq servers
2- Compaq UPS power supplies
1- Cisco router
2- Racks
Additional maint. fees
$9/829.54
$3/372.92
$1/770.84
$4408.86
$6/848.39
The original hardware was configured at $47/126.29
The new hardware price is $75/460.00 (an increase of
. $24/459.71)
The total increase for the entire project increased by
$49/465.00. Considering this includes the $55/194.00
needed to buy the mobile software and $24/459.71 for all
of the necessary hardware - we ended up with a very
good deal. (A savings of $30/189.00)
.
3
.
OPTIONS:
We could still tie in with Sherburne County - however they
have since discovered that the baud rate on their system
is too slow to allow us to tie in. They would ask that we
pay to have the baud rate increased from 4.6 to 9.2. Our
cost to do this would exceed $100,000 plus we would
have to pay an additional $457.21 a month for an AT&T
frame relay to connect our two systems. ($5,486.52
yearly)
MOBILE DATA COMPUTERS:
· The bid process is in effect, and bids are being requested
for ten-mobile computer units. The anticipated costs are:
Lap-top
Modem
Mounts
Install
$2,750.00
$1,020.00
$200.00
$200.00
$4,170 per car
.
.
.
.
4
YEAR 2,000 REQUEST:
There are still 8 more vehicles to equip with laptops. We
plan on asking for these MDC's in our next year's budget.
There are additional costs of software licenses per new
install at $2,170 each. (l-time fee)
The total package for 8-more MDC's is $50,720.00
BUDGET:
The MDC grant was received, and after figuring in the new
mobile switch configuration there would be $62,534.41
turned back over the contingency fund.
The questions is, should the money for the next 8-MDC
units be taken out of this remaining contingency, which
was set aside for this project, or return those funds and
increase the budget for next year.
Submitted by:
Chief Thomas Zerwas
Assistant Chief Jeffrey Beahen
rCI ----'\)
( )j
~li{
Item 5.7..
River
MEMORANDUM
TO:
FROM:
Pat Klaers
City Administrator
Darrell Mack (i)~
W WTF Superintendent
DATE:
July 7, 1999
SUBJECT: Emergency Power Supply For Lift Stations
.
After meeting with utilities manager Bryan Adams, it appears that in a major power
outage the utilities generating facility will be able to supply power to the wastewater
treatment facility. The generating facility would not be able to supply power to any
lift stations except on a four hour rotation, which is not often enough to prevent
sewage backups. To keep the collection system from backing into homes we need four
additional generators. Three generators would be set up at stations that cannot be
down for any length of time and one generator would be used to keep the rest of our
stations pumped down. The following quotes were received with Ziegler Power
Systems being the lowest:
Ziegler Power Systems
(year of used units)
50kw 1995
(2)30kw 1996
20kw 1997
Katolight
Cummins North Central
Long Lake Tractor
(price does not include sales tax)
$57,430 Used
$59,300 New
$64,118.40 New
$90, 210 New
Even with Ziegler quoting used generators, I feel they are the best buy for three
reasons:
.
1) they have been checked out and repairs were made if they were
needed,
2) they are set up for all 3 voltages that we have in Elk River, which
makes them a lot more versatile and can be used at other locations.
3) the generator we have is 23 years old, only has 135 hours on it, and
most of those are from exercising it. I believe spending the extra
money on a new generator would be a waste.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
.
.
.
The other generators that were quoted can be wired for dual voltages (120/240 and
120/208), but at an additional cost of approximately $2,000.00 each. Also, it is my
understanding that Elk River Utilities wants to change some of our lift stations over
to 120/208 voltage so if that happens we will have to have three of the four
generators wired for dual voltages.
Because no single generator is over $25,000, we do not have to go through the bid
process. Therefore, it is my recommendation to purchase the generators quoted by
Ziegler Power Systems.
wwtp \quotegen.doc
Memorandum
Item 5.8.
-(I
To: Mayor and City Council
From: Assistant Chief Beahen
Date: June 29, 1999
Subject: Trespass Ordinance
l
.
ElI{
Police Department
The police department is requesting that the council consider adopting a new ordinance
covering the issue of trespassing at our designated Crime Free Multi-housing premises,
which are located in the City of Elk River.
Background: The City of Elk River uses a program called "Crime Free Multi-
housing" to help insure that our apartment complexes and rental property stays as safe
as possible. This program involves the property owners in a cooperative effort with the
police department and has proven to be a very successful venture. Almost all apartment
buildings in the city are active members of our Crime Free Coalition. It should be noted
that Crime Free Multi-housing is a statewide program and it is used in most major cities
within the State of Minnesota.
.
Trespass: One of the basic principals of the program, is the empowerment of the
caretaker or property owner to both identify and eliminate problems on the premises
which can lead to increased calls for police service, increases in reported crime, and
general unrest on the premises. The property officials have been trained by our
department in the use of "Trespass notices" to assist them in removing unwanted
parties from the grounds, and preventing them from returning. This has proven to be
invaluable in reducing actual criminal acts on or near the rental units.
Legal concerns: The St. Cloud Area Legal Aid offices issued a warning to the police
department, advising us that they felt the use of these notices was improper, and most
likely - unconstitutional. Departments who use the notices on a more frequent basis
were contacted and asked about their policy, law and any legal challenges associated
with the notices during their use.
Bloomington uses the notices at the Mall of America on unruly or criminal subjects, has
been challenged in court on the notices, and has been able to show that the trespass
notice is legal and constitutional. Minneapolis, Coon Rapids and Anoka were other cities
who have Crime Free Multi-housing, and they too report no problems or issues with the
notices. These cities however have specific ordinances regarding the trespass offense
and subsequent issuance of the trespass notice.
The Legal Aid attorney was concerned that the notice would be used in areas where it
would infringe on the civil rights of the tenant. The example given was when a tenant
was behind on rent, and instead of using the unlawful detainer or eviction process, the
landlord used the trespass notice as a means to quickly remove the tenant from the
.
13065 Orono Parkway. P.O. Box 723 · Elk River, MN 55330. (612) 441-2324. Fax (612) 441-8937
.
premises. This use has not been condoned by our police department and actually would
be a violation of the tenant's civil rights.
Remedy: The concerns and correspondence from Legal Aid were directed to our
City Attorney for review and advice. He was also given a copy of the current Coon
Rapid's ordinance for review with a request for a draft of a similar ordinance to be used
in the City of Elk River.
We have now received the attorney's legal opinion and the proposed ordinance. The
ruling given by the attorney's office is that the proposed ordinance meets the
requirements under Minnesota case law, although there are no cases yet which have
challenged a specific ordinance under any due process claims. They recommend a draft
ordinance and also stated that we must maintain strict guidelines in enforcing trespass
notices to insure that they are not used in the overbroad manner which brings concerns
to the legal services staff.
Recommendation: The police department believes that the trespass notice is
the backbone of the Crime Free program. We feel that in order to prevent possible legal
challenges to the program, that Elk River should follow the lead of the other involved
communities, and adopt a trespass ordinance which specifically covers rental property
and the use of a trespass notice.
Submitted ~
.~~Beahen
Assistant Chief
6- 29-99
Attachments:
Letter from Gregory Munson, Doherty, Rumble & Butler
Proposed Ordinance
Proposed Trespass Notice
.
DOHERTY
RUMBLE
& BUTLER
.OFESSIONAL ASSOCIATION
JU~J ? 2 t999
3500 Fifth Street Towers
i50 South Fifth Street
\1inneapolis, \Iinnesota 55402-1235
Telephone (612) 677-4500
FAX (612) 677-4800
www.drblaw.com
Attorneys at Law
Writer"s direct dial number:
June 21, 1999
(612) 677-4533
MWlsog@drblaw.com
Mr. Tom Zerwas
Police Chief
City of Elk River
P.O, Box 490
Elk River, MN 55330--0490
Re: Elk River Trespass Notice Ordinance
Dear Tom:
You have asked that Doherty, Rumble & Butler review a letter submitted by the St. Cloud Area Legal
Services Association regarding the proposed trespass ordinance for the City of Elk River. We have
undertaken an analysis of that letter and have concluded the following:
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The principal concern set forth in the Legal Services letter is that use of the notices may violate the
due process rights of alleged trespassers. The letter sets forth no legal support for that assertion, but
rather, makes general conclusory statements. A review of Minnesota case law on this issue reveals
that no court has addressed whether a trespass notice ordinance similar to the one proposed in Elk
River violates the due process rights of an alleged trespasser. On the other hand, several cases have
examined situations in which trespass notices have been issued. In one case the use of a trespass
notice was overturned as unconstitutional, but in that case, an alleged trespasser was issued a trespass
notice for one building which was a part of a larger overall complex of buildings, On a later date, the
police attempted to enforce the trespass ordinance against the individual but at a different building
with a different address which was also in the same complex, The court simply struck the application
of the trespass notice in that specific circumstance by noting that technically, the defendant had only
been issued a notice with respect to one address within the complex. Other cases have also examined
situations in which trespass notices were issued. In none of those cases have the Minnesota courts
expressed concern over the due process implications of the trespass notice.
The Legal Services letter undoubtedly raises a potential concern with the use of the trespass
ordinance by pointing out that state action is relied upon to enforce the trespass notice subsequent
to its issuance by a private landlord or tenant. No court has expressly ruled upon that issue. There
is a possibility that an individual could challenge the constitutionality of this ordinance, and that a
court could find a violation of due process. Enforcement of the ordinance would subsequently be
. rendered impossible. If the City desires to incorporate a tool such as this, we believe the attached
MunsoG 592827.1
St.P:lill - :\1illiIt'ilpoii:J . [lel/i.'CI' . v'/d:JhiilgtOIl, D.C.
DOHERTY
RUMBLE .
.FE~~}~~
Mr. Tom Zerwas
June 21, 1999
Page 2
draft ordinance is the best mechanism. In addition, it will be important that the City maintain strict
guidelines in enforcing trespass notices so that they are not enforced in an overbroad manner as was
the case in the facts described above.
Very truly yOU~ m -..
~oown
GWMleka
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MunsoG 592827.1
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ORDINANCE 99 -
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING CHAPTER 400.00 OF THE CITY CODE
OF ORDINANCES TO INCLUDE SECTION 403.00 ENTITLED
TRESPASSING ON PRIVATE PROPERTY
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 403.00 entitled "Trespassing on Private
Property" be added under Chapter 400.00 of the Elk River City Code of
Ordinances as follows:
403 - TRESPASSING ON PRIVATE PROPERTY
403.00 - PURPOSE
To enable private owners of real property, situated within the
City and to which the public has some implicit right of access,
to exclude persons from that property where the person has
committed a crime on the premises or violated the properly posted
rules of conduct for the property.
403.02 - DEFINITIONS
The following words and terms when used in this Section shall
have the following meanings, unless the context clearly indicates
otherwise:
COMMON AREAS: All areas of the property which are maintained for
the common use of its tenants or the general public incidental to
the conduct of the normal and legitimate activities upon the
premises, including, but not limited to, parking lots and ramps,
private roadways, reception areas, rotundas, waiting areas,
hallways, restroom facilities, elevators, escalators, and
staircases.
COVERED PREMISES: Any improved real property, or portion
thereof, to which the public has an implicit right of access
including, but not limited to, places of worship, shopping malls,
retail sales facilities, hotels, motels, nursing homes,
restaurants, multiple-family residential buildings, residential
apartment complexes, hospitals, medical and dental offices,
clubs, lodges, office buildings, banks and financial
institutions, transit stations, athletic and recreational
facilities, personal service establishments, theaters, and
daycare facilities.
PROPERTY MANAGER: Any owner of a covered premises or the agent
thereof who is authorized to exercise control over the property,
including common areas. The term "property manager" includes any
tenant who is an owner of the property or agent of the owner and
authorized to exercise control over the property, including some
common areas.
TENANT: Any authorized occupant of a covered premises, or the
agent thereof.
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TRESPASS NOTICE: A written notice which contains minimally the
following information:
1. A verbatim copy of Section 403.06, infra;
2. The name, date of birth, and address of the person to whom
the notice is issued, to the extent this information is available
and is provided by that person, and the name of the person's
custodial parent or guardian when that person is a juvenile;
3. A description of the specific conduct which serves as a
basis for the issuance of the notice;
4. A description of the specific property to which the trespass
notice applies;
5. The period during which the trespass notice is in effect,
including the date of its expiration;
6. The name, title, and telephone number of a person with
authority to modify, amend, or rescind the trespass notice prior
to its normal expiration;
7. The method by which the trespass notice was served upon the
person to whom it was issued.
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403.04 - WHEN TRESPASS NOTICE MAY ISSUE
A property manager or tenant may issue a trespass notice as
provided under this ordinance only under the following
circumstances:
1. Where there is probable cause to believe that the person has
committed an act prohibited by state statute or city ordinance
while on the covered premises, whether in or on a common area or
areas or in a tenant's space; or
2. Where there is probable cause to believe that the person has
violated the rules of conduct for the property which have been
conspicuously posted at all public entrances to the property or
have been provided to the person in writing by the property
manager or tenant.
403.06- PROHIBITED CONDUCT
1. No person shall trespass in or upon any private property
and, without claim of right, refuse to depart therefrom on demand
of the property manager or tenant.
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2. No person who has been served with a trespass notice in
conformity with this ordinance shall enter the premises described
therein during its effective period without the written
permission of the party issuing the notice or the authorized
agent thereof as specifically named in the notice. Violation of
the terms of the notice will result in criminal prosecution with
potential incarceration of up to 90 days in jail and a potential
fine of up to $700.00.
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3. No person shall enter any area of private property in
violation of conspicuously posted signs prohibiting or
restricting access thereto, including but not limited to the
following signs, "No Trespassing", "Authorized Personnel Only",
"Private", "Employees Only", and "Emergency Exit Only".
403.08 - ADDITIONAL PROVISIONS
1. Where a trespass notice is issued by a tenant who is not the
property manager, the notice is effective only as to that portion
of the premises over which the tenant is entitled to exercise
control.
2. No trespass notice shall be effective for more than one year
from the date of its original issuance.
3. All trespass notices issued pursuant to this section must be
properly served upon the person named therein as follows:
A. personal service documented by either a receipt signed
by the person to whom it was issued or an affidavit of the
issuer;
B. where the person named in the trespass notice is
arrested by a police officer for an act prohibited by state
statute or city ordinance, the arresting officer may
personally serve the notice on behalf of the property
manager or tenant and so document that fact in the officer's
official police report detailing the incident.
403.10 - PENALTY
A violation of Section 403.06 shall be punishable as a
misdemeanor.
Section 2. That this ordinance shall take effect and be in full force
from and after the date of its publication.
Passed and adopted this 12th day of July, 1999 by the City Council of the
City of Elk River.
Stephanie A. Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
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TRESPASS NOTICE
AUTHORIZED BY ELK RIVER CITY CODE CHAPTER
TO:
Name
Address
Date of Birth:
(Printed name ofparentJguardian if person is under 18)
Specific conduct that forms basis for notice (include time, place, and circumstances):
Date of conduct:
You are prohibited from entering the following premises, including all grounds, outbuildings, parking areas,
drives, and sidewalks thereto (premises address):
o (f ifapplies) This notice includes areas under control of tenants. THE TENANTS OF THE PREMISES
ARE PRECLUDED FROM INVITING ONTO THE PREMISES ANY PERSON TO WHOM A TRESPASS
NOTICE HAS BEEN ISSUED.
This notice is in effect and expires 12:01 a.m. on
Date (must be within 30 days of date of conduct) Date (up to one year from effective date)
Person to contact with respect to modifying, amending, or rescinding this notice:
Name Title
Address Telephone number:
(If not served by police officer:) I verify that I personally handed a copy of this notice to the above person on the above date
(specify if different ). (Print Name) (si2Jl,)
(At least one of the following must be completed:) Notary Information:
o Subscribed to and sworn before me this
day of 19
or
o I acknowledge receipt of this notice
(Signature is voluntary; parent! guardian should also sign if person is under 18)
or
o Served by Police Officer
Badge no. Icr
(May be served by police only under authority of property manager or tenant.)
ELK RIVER CITY CODE CHAPTER
PROVIDES:
(1) No person shall trespass in or upon any private property and, without claim of right, refuse to depart
therefrom on demand of the property manager or tenant.
(2) No person who has been served with a trespass notice in conformity with this ordinance shall enter
the premises described therein during its effective period without the written permission of the issuing property
manager or tenant or the authorized agent thereof named in the notice. Violation of the terms of the notice will result
in criminal' prosecution with potential incarceration of up to 90 days in jail and a potential fine of up to $700.00.
(3) No person shall enter any area of private property in violation of conspicuously posted signs
prohibiting or restricting access thereto, including but not limited to the following signs, "No Trespassing",
"Authorized Personnel Only", "Private", "Employees Only", "Emergency Exit Only".
Violations. Any person violating any of the provisions of this Chapter is guilty of a misdemeanor.
Original (police)
Served Copy
Managerffenant Copy
581230.2
ADDENDUM TO LEASE
Regarding Persons Trespassed from the Property
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Resident agrees not to invite or allow anyone into their apartment home, or onto the common
property, who has been issued a Trespass Notice by the property manager of this property.
I UNDERSTAND THAT TO DO SO WILL BE CONSIDERED A MATERIAL
VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF
TENANCY.
This addendum is agreed to pursuant to Elk River City Ordinance
Management Date
Resident Date
Resident Date
. Resident Date
Resident(s) acknowledge receipt of this addendum by signature of this document.
6/98
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581230.2
rei ---'\)
( )j
~l}{
Item 5.9.
MEMORANDUM
River TO:
Mayor & City Council
FROM:
Alice Heinecke, Executive Secretary
DATE:
July 12, 1999
SUBJECT: Meeting Schedule
The council is asked to bring their calendars to the July 12 meeting in order
to schedule meetings to review and prepare for the completion of the 2000
budget.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
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STATE OF MINNESOTA
COUNTY OF SHERBURNE
Jill 01 \9!I
TENTH JUDICIAL DISTRICT
Elk River, MN
Case Number: 71-C9-99-000918 CLERK'S NOTICE
Case Title: IN RE: SCHOOL STREET IMPROVEMENT OF 1999 INDEPENDENT SC
DISTRICT NO 728
ELK RIVER CITY HALL
SANDY PEINE
13065 ORONO PARKWAY
ELK RIVER MN 55330
YOU ARE HEREBY NOTIFIED, That on July 6, 1999 an Order of
Dismissal was duly filed on the above entitled matter. A copy
is hereby attached.
Dated: July 6, 1999
LORAYNE N. NORGREN
COURT ADMINISTRATOR
By:1h^OJ~ 1\J\~
DEPuTy" 'f \'V'"- 01
CERTIFIED COPY: $10.00
PLAIN COPY: $ 5.00
Dated: 07/06/1999
INFO Rn,1ATIO N
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In Re:
School Street Improvement of 1999
ORDER OF DISMISSAL
Independent School District No. 728,
Court File No. C9-99-918
Petitioner/Appellant.
Pursuant to the Ex Parte Motion of the Appellant and Petitioner, the Notice of
Appeal filed by Appellant and Petitioner is hereby dismissed.
Dated:
1(10
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, 1 999
misc\data\isd-ord
Judge of District Court
Sharon L. Hall
ST';TE OF MINNESOTA } SS
CG'.'::7"i Or SP.ERBURNE .
r.~:~~'F r.~ ~ r= IT'"
~ ~._ 'i:.:....za;;.J :__.,~.,:-.3I :J,~~J
JUL 06 1999
LOF.:X{NE LL j>.JOFiGREN
COURT ADfIi:li,;:JT:"1ATOR
~~~
By Deputy