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HomeMy WebLinkAbout2013 12-17 CCPCity of Gem Lake, MN City Council Meeting December 17, 2013 Call To Order of City Council Meeting — By Mayor Uzpen at 7:_P.M. Call of Roll Uzpen Artig-Swomley Lindner Kuny Bosak Others in Attendance: Sign-up Sheet Approval of City Council Minutes and Agenda • City Council Agenda for this meeting (Accept Agenda) • Minutes of the City Council Meeting for November Committee Reports • None Old Business • News Letter Ideas Public Hearing • Notice of Public Hearing on temporary ordinance New Business • Joint Power Agreement with Ramsey County for a new Voting System • Resolution 2016-17 Transfer of funds • Claims for December 2013 • Monthly Financial Reports • Presentations from the public, five minutes maximum presentation • Open Items for the Council Members to bring up. Future Council Meetings • Workshop Meeting January 13th at 7:00 P.M.. • Next City Council Meeting, January 21st at 7:00 P.M. Adjournment 0 The meeting adjourned at CITY OF GEM LAKE, MN 4200 Otter Lake Road Gem Lake, MN 55110-3227 Telephone 651-747-2790 E-mail Cityn.gemlakeMN.ora Minutes of Gem Lake City Council Meeting 19 November 2013 The regular meeting of the City Council of the City of Gem Lake was called to order by Mayor Uzpen on Tuesday, November 19, 2013 at 7:00 pm in the Gem Lake City Hall meeting room. The following members were present: Mayor Robert Uzpen. Councilmembers James Lindner, Gretchen Artig-Swomley, and Richard Bosak. Faith Kuny arrived at 7:04 p.m. Members of the public attending per the sign in sheet sent around the room. APPROVAL OF AGENDA AND MEETING MINUTES City Council Agenda: Mayor Uzpen called for additions, deletions and corrections to the agenda. After the marketing financial report, the Council will discuss Whitaker's request to open a used car dealership on Hoffman Road. Upon motion by Councilmember Bosak, and seconded by Councilmember Artig-Swomley, the November 19, 2013 agenda was approved. Ayes — 5, Nays — 0. City Council October Meeting Minutes: The October 2013 minutes were presented and corrections were needed. Upon motion by Councilmember Lindner, and seconded by Councilmember Bosak, the October City Council minutes were accepted. Ayes — 5, Nays — 0. OLD BUSINESS Newsletter for November/December: Councilmember Artig-Swomley stated some of the topics are: The new residents that built the house on the cul-de-sac that was on the home tour. The Johnsons' that bought the O'Ryan's house. Budget — Final approval New fee schedule Septic inspections Comp Plan — Zoning Ordinance VLAWMO Storm Water Gem Lake City Council Meeting Page 2 of 5 PUBLIC HEARING Presentation from Sheriff Bostrom: Sheriff Bostrom addressed different duties that the Sheriff's department is responsible for. In addition, there will be new changes for 2014. One of the changes for 2014 will be a program called "safe surrender" where people can come to the station on their own terms to take care of any outstanding warrants versus being arrested if stopped for a traffic violation. There will also be an on- line database where you can look up your name to see if you have any outstanding warrants. There is a spike in the use of heroin and it is showing up in the ER rooms. Education on heroin is down, so the need to educate is up. Heroin use seems to be the ages of 19 to 26 years old. They are going back to black and white Sheriff cars so the public cannot tell the difference from a Sheriff and a Police Officer. Resolution #2013-10 — Reapprove the 2008 Comprehensive Plan with the Corrected Definitions: The City Council looked over the corrected definitions and upon motion by Councilmember Lindner and seconded by Councilmember Artig- Swomley, Resolution #2013-10 passes. Ayes — 5, Nays — 0. Resolution 2013- 16 --2014 Fee Schedule: The 2014 fee schedule is the same as 2013 except for the sign fee and cigarette fee. Upon motion by Councilmember Artig- Swomley and seconded by Councilmember Lindner, the 2014 Fee Schedule passes. Ayes — 5, Nays — 0. Final 2014 Budget: Tom Kelly from White Bear Township gave a presentation to the City Council regarding the 2014 budget and the property tax levy that goes with it. Mr. Kelly explained the property tax levy of $230,219, which is almost a 10% decrease from the 2013 budget. Mr. Kelly went through the key points of the 2014 budget to the City Council. Resolution 2013-15 Property Tax Levy: Upon motion by Councilmember Artig- Swomley and seconded by Councilmember Linder, Resolution 2013-15 passes. A voice vote was taken: Mayor Uzpen — yes, Councilmember Bosak — yes, Councilmember Lindner — yes, Councilmember Kuny — yes, and Councilmember Artig- Swomley — yes. Ayes — 5, Nays — 0. NEW BUSINESS Claims for November 2013: The claims for November was discussed and authorized to pay by the City Council. Upon motion by Councilmember Lindner and seconded by Councilmember Artig-Swomley, the claims for November 2013 passes. Ayes — 5, Nays —0. November Monthly Financial Report: The financial report was viewed and discussed by the City Council members. Look for us on the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 3 of 5 Added Item To Agenda: Mr. Whitaker to open used car dealership on Hoffman Road. Upon motion by Councilmember Lindner and seconded by Councilmember Artig- Swomley to approve Mr. Whitaker's request to open a used car dealership. A voice vote was taken: Mayor Uzpen — no, Councilmember Lindner — no, Councilmember Kuny — no, Councilmember Artig-Swomley — no, and Councilmember Bosak — no. Motion is defeated. Ayes — 0, Nays — 5. PRESENTATIONS FROM THE PUBLIC None OPEN ITEMS FROM THE CITY COUNCIL Mayor Uzpen stated the Council would be working on Ordinance #107 in January and working on a revision plan in December. Mayor Uzpen has spoken with the City of Gem Lake's Attorney and both have agreed that when the City Council is working on city plans for Hoffman Corner and working with Vadnais Heights on their plan for Priority, it would be best for the City of Gem Lake to have a mortoeum on any redevelopment or development in the Hoffman Corners area for the year 2014 or until the City Council is done. FUTURE COUNCIL MEETINGS Workshop Meeting: December 9, 2013 at 7:00 p.m. City Council Meeting: December 17, 2013 at 7:00 p.m. Look for us on the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 4 of 5 ADJOURN The November 19, 2013 regular meeting of the Gem Lake City Council adjourned at 8:16 p.m. Upon motion by Councilmember Lindner, and seconded by Councilmember Artig-Swomley, the City Council meeting was adjourned. Ayes — 5, Nays — 0. APPROVED: ATTEST: ATTEST: Julie Newkirk Robert Uzpen Recording Secretary Mayor Look for us on the World Wide Web at gemlakeran.org Gem Lake City Council Meeting Page 5 of 5 SIGN UP SHEET: Ben Johnson Tom Kelly Look for us on the World Wide Web at gemlakemn.org ORDINANCE AN ORDINANCE FOR THE PURPOSE OF ENACTING A MORATORIUM TO PRESERVE THE STATUS QUO FOR A SPECIFIC PERIOD OF TIME WITHIN CERTAIN AREAS UNDER STUDY IN THE CITY OF GEM LAKE THE CITY OF GEM LAKE ORDAINS: SECTION 1. PURPOSE. 1-1. The City of Gem Lake has authorized a Land Use Policy & Planning Study in the City of Gem Lake to review the impacts of current land use plans and regulations upon public health, safety and general welfare. 1.2. The objectives of this Study are: To review existing land use and zoning guidelines, regulations, and potentially formulate updates that are both consistent with livable communities, industrial, commercial & residential use mixtures, traffic planning & safety, To also recognize the interconnected nature of private economic & business development and city fiscal well-being, and To recognize and react positively to changed market dynamics & trends. The Study will also address consistency of original intent, relevance and update potentials of the "Gem Lake Gateway & Village Centers Vision Corridor, (Highway 61 & Co. Rd. E), Transitional and Mixed -Use Guidelines", dated October 29, 2007, which the Council accepted as the guidance document for potential changes to the official land use controls on November 20, 2007. 1-3. , There is a need for the Study to be conducted so that the City can consider adopting updating changes to the City's official land use controls. SECTION 2. MORATORIUM. 2-1. City officials will coordinate input and information exchange to consultants, property owners, interested citizens and the Planning Commission and City Council. 2-2. Upon completion of the Study, the Planning Commission shall present its recommendation(s) to the City Council. 2-3. A moratorium is hereby placed on the approvals or issuances development permits, including but not limited to rezoning, zoning permits, of site plan, or lot split, plat approvals, or building permits. Such are hereby prohibited in the following Study Area, pending completion of this Study and adoption of any amendments to the City's official land use controls, as deemed necessary by the City Council, as a result of this Study, within the Term of Section 3. STUDY AREA: Neighborhood Center Subzone of the Gateway Zone lying East of the Centerline of Highway 61 SECTION 3. LIMITED TERM. The term of this Ordinance shall be for one year from the date provided in Section 5 of this Ordinance, or such earlier time as the City Council adopts amendments to the City's official land use controls as deemed necessary as a result of this Study. This limited moratorium time period provides Council recognition that one intent of the Study and potential land use controls update has as a purpose; To increase and improve the feasibility and attractiveness of the Study Area to quality development, thru timely ordinance updates and thru the conditional application of incentives uniquely available to Minnesota cities such as Gem Lake. SECTION 4. VARIANCES. 4-1. Variances from this Ordinance may be granted by the City Council based upon a determination that a proposed project within the Study Area would be compatible with either the letter or spirit and intent of this Ordinance. The procedures to be followed in applying for Moratorium Variance application for a land use, zoning or building permit shall include the following: 4-1.1. The applicant shall file a completed application form, together with required exhibits, (as specified for approvals under other present ordinances), to the City. 4-1.2. The application shall set forth the special circumstances or conditions which the applicant advances as creating the need to act on the request prior to expiration of this moratorium, and shall demonstrate that the proposed project is compatible with the City's Zoning Ordinances. 4-1.3. The application shall be submitted to the Planning Commission for its review and recommendation to the City Council 4-1.4. The City Council may impose such restrictions upon the proposed project as may be necessary to comply with the purpose and intent of present Ordinance. SECTION 5. EFFECTIVE DATE. Passed by the City Council of Gem Lake, Ramsey County, Minnesota, this 17th day of December, 2013. APPROVED: Robert Uzpen, Mayor ATTEST: City Clerk Published in on , 2013. JOINT POWERS AGREEMENT FOR NEW VOTING SYSTEM ACQUISITION AND OPERATION This Agreement is made by and between Ramsey County, through the Ramsey County Elections Office (hereinafter "County"), and the cities of Arden Hills, Falcon Heights, Gem Lake, Lauderdale, Little Canada, Maplewood, Mounds View, New Brighton, North Oaks, North St. Paul, Roseville, St Anthony, St. Paul, Shoreview, Vadnais Heights, and White Bear Lake and White Bear Township (collectively referred to as the "Municipalities"). WHEREAS, the County and the Municipalities ("Parties") are "governmental units" as defined in Minn. Stat. §471.59; and WHEREAS, pursuant to Minn. Stat. §471.59, the Parties, through actions of their governing bodies, are authorized to enter into a joint powers agreement for the exercise of commonly held or similar powers; and WHEREAS, the Parties entered into a Joint Powers Agreement in 2001 for the purchase and operation of a new voting system, with a ten year term and automatic two year extensions; and WHEREAS, pursuant to the provisions of the 2001 Joint Powers Agreement, the County prepares ballots and compiles election results for all state, federal, county, municipal and school district elections for the Municipalities; and WHEREAS, efficient ballot preparation and the timely compilation of election results depend upon the use of a uniform voting system throughout the County, and the use of a uniform voting system for all elections enhances election judge and voter understanding of the voting process and helps to provide equitable treatment for all voters, regardless of the type of election; and WHEREAS, Congress mandated the use of an assistive ballot marking device in all polling places and in - person absentee voting locations for use by voters with disabilities, through enactment of the Help America Vote Act of 2002 ("HAVA"); and WHEREAS, the Minnesota Legislature mandated the central counting of all absentee ballots under uniform state laws and procedures in Laws of Minnesota 2010, Chapter 194, effective in 2010; and WHEREAS, the Parties have reached agreement on 1) the need to replace the existing voting system and to implement a new voting system throughout the County in time for use for the 2014 state elections; and 2) the funding formula for the new voting system; and WHEREAS, state funds for the acquisition and operation of voting systems originating from grants received by the County under the Help America Vote Act must be expended by the County no later than March 31, 2014, or be returned to the State of Minnesota; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the parties agree as follows: Joint Powers Agreement for New Voting System — 2013 Page 1 of 19 I. PURPOSE The purpose of this Joint Powers Agreement is to establish and describe the roles and responsibilities of the County and the Municipalities in connection with the acquisition, implementation, and operation of a new voting system for use throughout Ramsey County ("Project"), including equipment that will be owned and operated by the County and equipment that will be owned and operated by the Municipalities. II. COUNTY ROLES AND RESPONSIBILITIES -SYSTEM IMPLEMENTATION A. General The County will provide the services, materials, and equipment necessary to procure and implement a replacement voting system ("System") in Ramsey County, including software, hardware, materials, ballot printing, and other services as further described in this Agreement. Services may be provided directly by County staff or by outside vendors, as determined by the County. B. System Description The System will have the following functionalities: The capability to create ballot styles for each precinct based on the appropriate contests and candidates and to generate ballots by either creating a print file that may be sent to a vendor or by printing ballots in the County offices; The capability to program memory devices for each precinct for an election that will, when inserted into a ballot counter or ballot marking device, properly record the votes on ballots cast in that precinct, reject ballots that are not from that precinct or which do not have the proper validation marks, return to the voter ballots which contain an overvote or a crossover vote, and perform all other actions required by the Minnesota election law; • The capability to count absentee ballots at a central location in the County or at one or more Municipalities, at the option of each of the Municipalities, and to generate reports noting the number of absentee ballots counted for each precinct; The capability to accumulate votes on ballot counters located in each precinct on election day, at other locations prior to election day, and from absentee ballot counting centers, to protect voted ballots in a sealed ballot box; to generate paper tapes of election results for review and certification by election judges; and to electronically upload or transmit election results to the County; and • The capability to compile election results from electronically transmitted files from each precinct through use of the memory device which recorded votes from the precinct and/or from the election results tape; to create an Joint Powers Agreement for New Voting System — 2013 Page 2 of 19 election results database that may be used for displaying results on the County website; and to generate needed reports for certification of election results. 2. The System must be certified by the Minnesota Secretary of State in accordance with the provisions of Minn. Stat. §206.57, subd. 1 and Minnesota Rules chapter 8220. C. System Equipment The County will purchase System hardware and software (collectively referred to as the "System Equipment") as initially needed for use of the System by the County and the Municipalities. The System Equipment to be purchased by the County for implementation of the System under the terms of this Agreement is listed as the System Equipment Costs — Total in the System Equipment List, attached hereto and made a part of this Agreement as Appendix A. D. Implementation Services The County will provide services, including training, related to the implementation of the System by the County and the Municipalities, as described in Appendix B-Implementation Services, attached hereto and made a part of this Agreement. The County will provide implementation project management services through a Project Manager. Joe Mansky, or his designee, shall serve as Project Manager for the County. The goal is to have the System implemented and ready for use by the County and the Municipalities in time for the 2014 state primary. At the discretion of the County, the implementation of the System may be delayed for initial use at the 2015 city and school district elections. III. COUNTY ROLES AND RESPONSIBILITIES -POST IMPLEMENTATION OPERATING SERVICES A. General Following System implementation, the County will perform the duties described in Sections I11. B. through E. (collectively, "Operating Services") either directly by County staff or by outside vendors, as determined by the County. B. System Administration The County will: maintain all licenses and agreements from the vendor(s) necessary to operate the System; Joint Powers Agreement for New Voting System — 2013 Page 3 of 19 J 2. obtain and implement all required software updates needed to operate the System in compliance with the requirements of the Minnesota election law; 3. perform diagnostic testing of ballot counters and ballot marking devices to ensure the proper functioning of all equipment; 4. provide election programming needed to generate ballots and program memory devices that allow the ballot counters to correctly record votes; and accumulate and report election results cast on the ballot counters for all elections. C. Warranty Services Warranty services will be provided by the System vendor(s) in accordance with the warranty provisions contained in the contracts between the County and the System vendor(s). 2. The County shall obtain and enforce all System warranties, including warranties on equipment owned by the Municipalities paid for under the terms of this Agreement. All requests for warranty services shall be made by the Municipalities to the County. The warranties for components of the host computer system shall continue to be substantially those offered by the original equipment manufacturers. D. Post -Warranty Maintenance Services Maintenance services will be provided following expiration of the warranty period(s) in accordance with the provisions of the maintenance agreement(s) between the County and the System vendor(s). Prior to expiration of the System manufacturers' warranties, the County, in consultation with the Municipalities, will decide whether System maintenance services will be provided on a fixed price or a time and materials basis. The County's decision shall be binding on all of the Municipalities and shall apply to all System hardware and software, whether housed at the County or the Municipalities, including backups. 2. I -lie County will enter into a contract with the System vendor(s) for System maintenance services to be provided directly to the County and to the Municipalities. The County may, in consultation with the Municipalities, provide some or all maintenance services directly. The County will manage the provision of maintenance services for the Municipalities. Maintenance services shall include, at minimum, the following: a. Preventative Maintenance: inspect and clean all ballot counters and ballot counting devices, including the read heads, printers, motors and other related components. Joint Powers Agreement for New Voting System —2013 Page 4 of 19 b. Repairs: make basic repairs to ballot counters and ballot marking devices as needed; the County will maintain or obtain spare parts for this purpose. C. Equipment Replacement: replace ballot counters, ballot marking devices and related hardware and components on an as needed basis in the case of complete or un-repairable equipment failure. E. Ongoing Services The County will provide the Municipalities with a set of test ballots (also known as the test deck) and pre -audited test results for each precinct in every election. The County will provide ballot layout, printing and memory device programming as follows: a. Ballot layout — no cost to Municipalities for all elections Ballot printing 1) State and county elections — no cost to Municipalities 2) Other elections — printing cost attributable to Municipal and/or School District offices and questions paid by Municipalities and/or School Districts using cost formula provided by the Secretary of State C. Memory device programming — no cost to Municipalities for all elections 3. The County will provide each Municipality with the hardware and software necessary to administer absentee voting for all elections. Each Municipality will have the choice of one of the following options: a. make arrangements for the County to accept/reject, process and count all the absentee ballots for the Municipality; b. accept/reject its own absentee ballots and make arrangements for the County to process and count the absentee ballots for the Municipality; C. accept/reject, process and count its own absentee ballots. 4. The County will provide the Municipalities with the County's costs for options 3. a. and b. (above) no later than 24 weeks before the first election for which the System will be used and no later than 16 weeks before the date established in state law to begin absentee voting in subsequent years. Each Municipality shall inform the County in writing of its initial choice no later than 20 weeks before the first election for which the System will be used. Each Municipality shall notify the County in writing of any changes desired for its choice in subsequent years no later than 12 weeks before the date established in state law to begin absentee voting for a primary in a given year. The County will allocate the costs Joint Powers Agreement for New Voting System — 2013 Page 5 of 19 for providing absentee voting services to the Municipalities as illustrated in the Appendix C spreadsheet, attached hereto and made a part of this Agreement. 5. The County will provide inspection and replacement of consumable supplies. Election day technical support for the System will be provided by the voting system vendor (up to three days per election), as required by the County. a. Programming and system administration operations Ballot counter operations C. Ballot marking device operations 7. Subject to approval by the County, during the term of this Agreement including any extensions, the County shall lease or purchase ballot counters, ballot marking devices, and other hardware and software in addition to those listed in Appendix A, on written request from a Municipality. Payment to the County by the requesting Municipality shall be made within thirty (30) calendar days from the date of the invoice from the County following delivery of the hardware and/or software to the requesting Municipality. 8. During the term of this Agreement including any extensions, the County may lease or purchase any additional hardware and software that is necessary for the System to comply with the provisions of the Minnesota Election Law or that the County deems necessary to meet demand from the voters. IV. ROLES AND RESPONSIBILITIES OF THE MUNICIPALITIES A. Implementation 1. The individual who administers elections for the Municipality shall serve as the Municipality's project implementation liaison with the County. Each Municipality shall provide the name and contact information for the liaison within ten (10) calendar days of final execution of this Agreement. 2. Within thirty (30) calendar days of execution of this Agreement, each Municipality shall notify the County in writing of its plans for payment of the acquisition costs of the ballot counters, ballot marking devices and any other administrative equipment ("Equipment Costs"). Each Municipality may choose from one of the following payment options: a) a one-time reimbursement of costs or b) reimbursement of costs over two or more years, not to exceed a maximum of five years. A Municipality may not revoke its decision at any time after notice has been given to the County. B. Post-Implementation/Ongoing 1. The Municipalities shall verify that ballots and memory devices tested by the County function accurately in the ballot counters and ballot marking devices that Jwill be used in each election. If a Municipality identifies an error, the County Joint Powers Agreement for New Voting System — 2013 Page 6 of 19 shall correct the error within ten (10) calendar days of notification of the error, if practicable. 2. The Municipalities shall also perform all public accuracy testing provided by law for each election and may request the County's assistance in conducting these tests, at no charge. 3. The Municipalities may not lease or purchase any additional hardware and software during the term of this Agreement or any extensions without the prior approval of the County. 4. Each of the Municipalities shall lease or purchase at least one ballot counter, a ballot marking device, and a ballot box for each precinct in the Municipality. C. Payment Each of the Municipalities is responsible for payment in accordance with the provisions of this Agreement. V. OWNERSHIP/SOFTWARE LICENSE A. The County will initially own all System Equipment. B. Upon payment in full to the County in accordance with the terms of this Agreement, each of the Municipalities will own the ballot counters, ballot marking devices, and related equipment that were originally purchased by the County under this Agreement; this provision shall not apply to equipment leased by the County. The County will maintain ownership of backup ballot counters and ballot marking devices, the central count ballot counters and any precinct ballot counters that are needed for counting absentee ballots, the memory devices for all ballot counters and ballot marking devices, and the computer hardware and software needed to operate and administer the System. C. The County is the sole Licensee of the System software and the Municipalities are users. VI. WARRANTY The County makes no representations and extends no warranties with respect to the use of the System and specifically disclaims all other warranties, express or implied, including but not limited to any implied warranty or merchantability or fitness for a particular purpose. VII. SYSTEM IMPLEMENTATION FUNDING A. The County will provide initial financing for the costs of acquisition, installation, and implementation of the System ("Implementation Costs"). B. As part of the initial financing of the Implementation Costs, the County will apply state grant funds received under the Help America Vote Act and required County matching Jfunds as a setoff against the Implementation Costs. Joint Powers Agreement for New Voting System — 2013 Page 7 of 19 W C. The Municipalities will provide the funds to reimburse the County for the System Equipment identified as the responsibility of the Municipalities in Appendix A. VIII. COST ALLOCATION/PAYMENT A. Cost Allocation -Implementation Costs Each of the Municipalities will reimburse the County for the cost of the number of ballot counters, ballot boxes, and ballot marking devices required by that Municipality in accordance with the pricing in Appendix A. A list of the estimated number of ballot counters, ballot boxes, and ballot marking devices for each of the Municipalities and the percentage of the total cost for ballot counters and ballot marking devices to be paid by each of the Municipalities is listed in Appendix C. The total number and each Municipality's percentage of ballot counters and ballot marking devices may be adjusted throughout the term of this Agreement including any extensions. 2. For those Municipalities that have elected to pay for the ballot counters, ballot boxes, and ballot marking devices over time, the total amount to be paid will include their proportionate share of any financing costs incurred by the County for the purchase, installation and implementation of the System Equipment, which financing costs will be shared among those Municipalities that have elected to pay over a period from two to five years. B. Cost Allocation-Post-Implementation/Operating Services 1. There will be no charge to the Municipalities for ballot layout for all elections, ballot printing for State and county elections or for memory device programming. 2. The Municipalities will pay the County's costs for Operating Services on an annual basis. 3. The cost of Operating Services will be calculated to include costs for the items listed in Section 111.B.-E. of this Agreement and, until repaid in full, the Implementation Costs described in Section VIII.A.2. 4. Except as identified as the responsibility of a Party to this Agreement, annual costs for Operating Services will be allocated as follows: a. using the percentage of the total number of ballot counters requested by the Municipality as a proportion of the total number of ballot counters requested by all Municipalities for 80%, and using the percentage of the total number of absentee ballots accepted by each Municipality during the three most recent state general elections as a proportion of the total number of absentee ballots accepted in the County for 20%. b. The allocation will take into account any changes in the number of ballot counters requested by each of the Municipalities and/or the total number of ballot counters. Joint Powers Agreement for New Voting System — 2013 Page 8 of 19 C. Payments The County shall invoice a Municipality after the initial delivery of County - tested ballot counters, ballot boxes, and ballot marking devices to the Municipality. If a Municipality will pay over a period of 2-5 years, the County will invoice the Municipality its appropriate annual sum along with the invoice for annual operating costs. Payment shall be made within thirty (30) calendar days of the date of the invoice. On or about June 1 of each calendar year during the term of this Agreement including any extensions, the County will invoice the Municipalities for their share of Operating Costs for the next calendar year. The total amount of the invoices will be calculated based on the actual Operating Costs incurred by the County in the previous calendar year, with adjustments made to account for increases or decreases in anticipated operating costs. The Municipalities shall make payment to the County within thirty (30) calendar days of the date of the invoice. 3. If the County provides maintenance services through the System vendor on a time and materials basis, a Municipality that requires maintenance services will contact the County for the services and the County will contact the vendor. The requesting Municipality will be invoiced directly by the vendor, and will be individually responsible for the cost of the services received, with no right to reimbursement from the County. 4. If requested by a Municipality, the County shall invoice the School District(s) to pay a proportion of the Municipalities' annual cost for Operating Services using either: a) the cost -sharing methodology provided in the Minnesota Election Law, or b) another methodology developed by the County, in consultation with the Municipalities. The County will invoice the School District(s) for their proportion of the costs and payments will be made directly by the School District(s) to the County. S. Payment of interest and disputes shall be governed by the provisions of Minn. Stat. § 471.425. D. Proceeds from sale or lease of old equipment The County shall determine if any existing voting equipment, including but not limited to ballot counters, ballot marking devices and related hardware will be sold or leased in conjunction with the purchase of the System. The County shall apply the proceeds of any sale or lease of existing voting equipment, including but not limited to ballot counters and ballot marking devices, toward the Municipalities' payment of Implementation Costs or Post -Implementation Costs. Joint Powers Agreement for New Voting System — 2013 Page 9 of 19 IX. PROJECT SCHEDULE A Preliminary Project Schedule is attached hereto and made -a part of this Agreement as Appendix D. The County may change the schedule set forth in Appendix D as appropriate based on changes in funding sources or the needs of the County. X. TERM A. The term of this Agreement is for a fourteen -year period from the date of final execution by all parties ("Initial Term"), unless earlier terminated pursuant to the provisions of this Agreement. B. This Agreement shall be automatically extended for successive two-year terms ("Renewal Terms"), upon the same or better terms, conditions and covenants, unless a majority of the Municipalities or the County gives notice of their/its intent not to extend at least 180 days prior to expiration of the Initial Term or the then -current Renewal Term. XI. ANNUAL REVIEW PROCESS At least once a year during the term of this Agreement, including any extensions, the County will convene a meeting of elections officials from the Municipalities to review the elections process and System operations. XII. INDEMNIFICATION AND INSURANCE A Each party agrees that it will be responsible for its own acts and the acts of its employees, elected officials, and agents as they relate to this Agreement and for any liability resulting therefrom, to the extent authorized by law, and shall not be responsible for the acts of the other parties or their employees, elected officials, and agents, or for any liability resulting therefrom. Each party's liability shall be governed and limited by the Municipal Tort Claims Act, Minn. Stat. Chapter 466 and other applicable law. B. Each Party agrees to defend, indemnify and hold harmless the other Parties, their employees, elected officials, and agents from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys fees, resulting directly or indirectly from any act or omission of the indemnifying party, its employees, elected officials, or agents, in the .performance or failure to perform its obligations under this Agreement. Nothing herein shall be deemed a waiver by any Party of its limitations on liability, defenses or immunities under Minnesota Statutes, Chapter 466, or other state or federal law. C. Each Party warrants that it is able to comply with the aforementioned indemnity requirements through commercial insurance or a self -funding program. D. Each of the Parties shall insure the full replacement value of all System equipment stored on the Party's site. Joint Powers Agreement for New Voting System — 2013 Page 10 of 19 E. All insurance policies or self-insurance certificates shall be open to inspection by the other Parties and copies of the policies or certificates of self-insurance shall be submitted to a Party upon written request. XIII. RECORDS Subject to the provisions of Section XIV., each Party agrees that the other Parties, the State Auditor, or any of their duly authorized representatives shall, at any time during normal business hours, and as often as they may reasonably deem necessary, have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of governmental entities and which involve transactions relating to this Agreement. XIV. DATA PRACTICES The Parties shall comply with the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, or any other applicable state statutes, any state rules adopted to implement the Act and statutes, as well as federal statutes and regulations on data privacy. XV. NONASSIGNMENT No Party shall assign, subcontract, transfer or pledge this Agreement and/or services to be performed herein. XVI. USE OF VOTING SYSTEM The County shall only implement and support a single, uniform voting system throughout the County that must be used in every election conducted in the County. Each Municipality must use the ballot counters, ballot boxes and ballot marking devices provided in this Agreement for all elections conducted in the Municipality. XVII. TERMINATION A. This Agreement shall terminate upon unanimous consent of the Parties as evidenced by a written resolution of the governing body of each Party or when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. B. Effect of termination. Termination shall not discharge any liability incurred by any of the Parties during the term of this Agreement including any extensions prior to the effective date of termination. Each Party shall be liable for its own acts to the extent provided by 1 aw. XVIII. PROPERTY DISPOSITION A. Upon termination of this Agreement, ownership remains as stated in Article V. Joint Powers Agreement for New Voting System — 2013 Page 11 of 19 B. Upon termination, a Municipality will be given the option to make full payment for the ballot counters, ballot boxes, and ballot marking devices for which it has made partial payment. Such payment must be made within thirty (30) calendar days of the date of receipt of the notice of termination from the County. C. If the Parties reach consensus on the need to replace the System, the Parties will negotiate a new agreement, which shall include the disposition of the System Equipment, whether owned by the County or the Municipalities. XIX. NOTICE A. All notices, reports or demands given or made by a Party under the terms of this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. B. All notices, reports or demands shall be sent to the representative designated in writing by the Party. If none has been designated, notice to the Party's chief elected official shall be deemed adequate. XX. ENTIRE AGREEMENT/ALTERATION A. It is understood and agreed that the entire agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the Parties hereto. C. The parties may execute separate copies of any amendment to this Agreement and the signature pages will be part of the original. XXI. VOTING SYSTEMS ADVISORY COMMITTEE The County shall establish a Voting Systems Advisory Committee ("Committee") to facilitate the administration of the System. Any Party to this Agreement may request to become a member of the Committee. Approximately ten years following final execution of this Agreement, or at such earlier time as the Parties may agree, the Committee shall begin planning for the acquisition of a successor voting system. XXII. SEPARATE EXECUTIONS/EFFECTIVE DATE Each of the Municipalities may sign a separate signature page and all of the signature pages taken together will constitute the original contract and will be as effective as if all of the signatures were on the same page. This Agreement shall be effective as to a Party upon execution by an Jauthorized representative of that Party. Joint Powers Agreement for New Voting System — 2013 Page 12 of 19 Wherefore, the Parties have executed this Agreement as of the last date written below. COUNTY OF RAMSEY By: Rafael Ortega, Chair Board of Commissioners Bonnie Jackelen, Chief Clerk Board of Commissioners Date: Approval Recommended: Mark Oswald, Director Department of Property Records and Revenue Approved as to form and insurance: Assistant County Attorney Joint Powers Agreement for New Voting System — 2013 Page 13 of 19 NAME OF MUNICIPALITY: By: Its: By: Its: Date: J Joint Powers Agreement for New Voting System — 2013 Page 14 of 19 Appendix A System Equipment List Note: prices are estimates pending the selection of a specific voting system 1. Voting and administrative equipment - County Unit Quantity Description Price 18 Backup ballot counters $4,043 $ 18 Ballot counters for absentee voting $4,043 $ 36 Ballot boxes $382 $ 18 Backup accessible ballot marking devices $4,550 $ 828 Memory devices $66 $ 5 Central count ballot counters for absentee voting $26,030 $ 2 Ballot on demand printers $8,960 $ 1 Operating software $137,976 $ 1 Staff training — hardware and software operations $140,000 $ Freight and delivery (estimate) $20, 000 $ Subtotal for Equipment Costs - County $ 2. Voting equipment — Municipalities Total Price 72,774 72,774 13,752 81,900 54,648 130,150 17,920 137,976 140,000 20,000 741,849 171 Ballot counters for polling places $4,043 $691,353 171 Ballot boxes $382 $65,322 171 Accessible ballot marking devices for polling places $4,550 $778,050 Subtotal for Equipment Costs — Cities $1,534,725 System Equipment Costs - Total $2,276,574 Joint Powers Agreement for New Voting System — 2013 Page 15 of 19 1J Appendix B Implementation Services The County will provide, either directly or through a contracted vendor, as determined by the County, the Implementation Services shown below. The information provided below is tentative, pending the selection of a System vendor(s). Training and instructional materials 1. Training for Municipal elections officials and staff a. Operation of the ballot counter b. Operation of the ballot marking device C. Processing and counting absentee ballots (where applicable) 2. Training for election judges a. Operation of the ballot counter b. Operation of the ballot marking device 3. Development of training and informational materials - printed a. Ballot counter operations guide and quick start guide b. Ballot marking device operations guide and quick start guide C. Opening and closing the polling place d. Providing instructions to voters 4. Development of training and informational materials for County website a. Election judge training video b. Public information videos Joint Powers Agreement for New Voting System — 2013 Page 16 of 19 Appendix C Spreadsheet (included as a separate attachment) Joint Powers Agreement for New Voting System — 2013 Page 17 of 19 J Appendix D Preliminary Project Schedule (Dates are tentative) 2013 Oct 25 Complete city approval of joint powers agreement Dec 3 County board approval of joint powers agreement Dec 30 Publication of request for proposals for voting system 2014 Jan 15 Pre -bid conference for vendors submitting proposals Jan 31 Closing date for proposals from vendors for voting system Feb 11 Complete scoring proposals submitted by vendors Feb 14 Task force recommendation to county board Feb 25 County board approval of new voting system acquisition Mar 10 Publication of RFP for ballot printing 2014-2015 Mar 17 Place order with vendor for new voting system Apr 7-11 Software training for county staff Apr 21-25 Hardware training for county staff May 2 Complete delivery of new voting system components May 20 First day to file for office May 23 Complete check -in and preliminary testing of voting system components May 28-30 Simulated election with new voting equipment May 30 Complete training and informational materials for use of voting system Jun 16-20 Hands-on training for city elections staff Jun 27 Begin absentee voting Jul 7-Aug 1 Hands-on training for election judges serving at the state primary Aug 12 State primary Joint Powers Agreement for New Voting System — 2013 Page 18 of 19 IN Oct 6-24 Hands-on training for election judges not serving at the state primary Nov 4 State general election Nov 17 Post -election review of voting system Joint Powers Agreement for New Voting System — 2013 Page 19 of 19 City of Gem Lake Resolution NO. 2013-17 17 December 2013 A RESOLUTION APPROVING TRANSFERS OF CERTAIN FUND FOR 2013 Whereas, part of the 2014 budget process, it was determined that additional funds would be available from the projected 2013 budget. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Gem Lake hereby authorize the following operating transfers: Fund Transfer In 401— Improvement Fund Future Improvements $70,000.00 100 —General Fund The foregoing Resolution was offered by Councilor declared adopted based upon the following vote: Transfer Out $ 70, 000.00 and supported by Councilor and was Name Uzpen Lindner Kuny Vote Bosak I Artig-Swoml ATTEST I, Bill Short, the duly qualified City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that the foregoing Resolution is a true and accurate representation of action taken by the City Council of the City of Gem Lake on the date first written. Bill Short, City Clerk Date Claims For Payment CITY OF GEM LAKE Period Ending. 12/17/2013 Signatures Approving Claims Date of Approval Robert Uzpen, Mayor Jim Lindner, Council Gretchen Artig-Swomley, Council Faith Kuny, Council Rick Bosak, Council Tom Kelly, Finance Officer Fund Totals $ Amount General Fund 20,330.55 Parks & Playgrounds 000 2004 Debt Service Fund 0.00 2006 Debt Service Fund 0.00 2007 Debt Service Fund 0.00 City Hall Construction Fund 0.00 Improvement Fund 0.00 Scheuneman Road Improvements 0.00 Hoffman Road Improvements 0.00 Sewer Fund 2,069.53 Investment Trust Fund 0.00 Total All Funds 22,400.08 Included above are the pre -paid checks paid on November 29, 2013 11126/13 at 11:55:27.71 Page: 1 City of Gem Lake Check Register - Prepaid Checks For the Period From Nov 29, 2013 to Nov 29, 2013 Filter Criteria includes: Report order is by Check Number. Check # Date Payee Amount 9018 11/29/13 CenturyLink 109.56 9019 11/29/13 Julie Newkirk 200.00 9020 11/29/13 Press Publications 87.30 9021 11/29/13 SEH 1,027.95 9022 11/29/13 Kristin Smith 50.00 9023 11/29/13 White Bear Glass 452.00 Total 1,926.81 i I v N c N o (D v N v N (fl (C7 co LL7 7 0 m co N O 0 a W QN N I� N N O O U M � I � W r o � i N � N N M N OP 0 UI i Q 4. Qi L Y NCD M r J �N E 0 0 o r u o o N CD 0 N CD 0 N Q C Q LL (� Q Lj O 0 0 000 0 CDa. U € -0 0 0 no C) m � 0 LL N N N c- L N d CL) C +_+ 0 0 0 00 0 00 0 o , L C w+ (D O (O O (n (O O LO O O M m M LQL N Q N N L N 4 0, T d (D o o 0 0 0 0 0 0 0 0 0 0 I o 0 = m r- c CD O Y 00 (i 00CL U Q Q mm I I ca cz@ to co cn f U) F U) m cn F U) ro cn m cn 0 r o a > E M M N N Ul -gyp (n � C N M M N U a Q C -O N C C N J Y cc ` n N v coY J Q co ( r 11 U O L Q w I V � r Lu.)� _M Nor - NET m[Or Y r N = E N f 6 W C' 0 I O N C707� ( 6 0 N LL 0) r0v O N LY 0) (aNO N �O� V O N �'(n O O '- ii 12/13/13 at 11:06:14.66 Page:1 City of Gem Lake Check Register For the Period From Dec 1, 2013 to Dec 17, 2013 Filter Criteria includes: Report order is by Check Number. Check # Date Payee Amount 9024 12/17/13 Gretchen Artig-Swomley 190.24 9025 12/17/13 Faith A. Kuny 190.24 9026 12/17/13 Robert L. Uzpen Jr 275.60 9027 12/17/13 James A. Lindner 190.24 9028 12/17/13 Rick Bosak 190.24 9029 12/17/13 Kelly & Lemmons, PA 215.00 9030 12/17/13 Ramsey County 8,576.13 9031 12/17/13 Waste Management of WI -MN 671.16 9032 12/17/13 Chuck Whitaker 1,674.03 9033 12/17/13 City of White Bear Lake 1,441.99 9034 12/17/13 White Bear Township 96.34 9035 12/17/13 White Bear Township 3,920.88 9036 12/17/13 VOID 9037 12/17/13 Xcel Energy 695.07 9038 12/17/13 Gopher State One Call 26.10 9039 12/17/13 Metropolitan Council 1,624.01 Total 19,977.27 l 41 CD : LO O m O O O r `° M 0) 7 � o rn c? 6 O ti r� o �i L6 (D v r (6 O O O 00 N LO � rl ti r- �t 0) Q N O N U') M Co M L U i +' CO O 000 00f` O O O 0LO000o CO MO LO It 't 0 C LO O rr coo O O O 0CD0-M 00 r-N M O 0 ai O O) Qi 06 M V O N L6 O N N 66 N r V O O Co L6 O O N N N ON LO U-) InN ko LOO r ISO NN O n E r N (C) LO I- N r- N O V co O (o r CO N M ;p r d O p N n U C 0 L- O F H W z a) O CO WOW M F w -.4 - O 0 J o � H 7 N U) m J= N W =LULU W w C'7 D M d T U>= m m w z E N z �O� 2 � coal d Y O d > C7 z ��W W w �COw W rrQ wf= _� r rA O > F= F-o; p W� _UU O Z r O OUQw O J ONwCO(n zz Y= >w �� o z C700 z' w =�vu1Lu J� Q� OfLU (� +�' N p E zzz zZ U J m0UU U iw cnz `- U p � o w �E� z Q �iEz> �� �Lwi W W a� 00 LLLL I W ¢QQ �� a w c� Uwcl)Zww w o �� Y � N $ ro r __= W W W OQ J� >O(n(n � �z LLLL-J w= (Q O N I (`') N zz Y y M F-��MM M N MM N U `o o, r U UUU o (D (D z o z goo .a o f Oz oo (D cu U O 0. a =� mmm y zz Q GIC: N E �U NN j N m wzY NNCO a'S 0 d o U W= W W W a co M W w W z a z W w U W p L LU L t W N N z J M M M co 0 0 ~ U m J O w_ m m a m p p m m N i a o O -z ---W NN (n� am 2 �U'22� m zz� �2i am (o rn rnrn� cn E J N W Ups W W m W� �� ) W w 0 Q °_ CO•.a. �^ WrDUUE U(n ww� UU, �= w LL o r-= (D '� U U W Lu _N W L O N J r� W W m W CO W W r w m J =U r� rrrW 00(n �Y �� ZY WrnF-pp� p� �tYU p0U =� �I EI Z CN r N N N r- LO (o r N LO 0) Y N M M LO Lf) 0 0 N O O 00 O O co M N M M M M M M M M M M M C h M M M M M M L a O O O O O O O 0 O N O 00 O Q O O O O O O O O 00 O LO O O O O 0 0 O U y -t O O O 0 0 0 0 N O O O V O O O r 0 0 0 0 0 00 O O O O O O 't O O O 0) 0) - O) 0 CY) (o N O O N N 0) r L-0 O O O MO O O O N0NN0 V OO C70 0qO •SO NV"N�Or V O V) O C? 000 OOOr C)0 OO OO OOOOOO OO 000 (j OOO 00 O U 00 O O O O O O 0 0 0 0 0 O O O O 0 0 0 0 0 0 00 O O O 0 0 0 O O O Q r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r e-- 0 0 a m rn � 3t o rn ,W co O N M 0) O N M 'cY LO ? r N N N N N cn M M co M M to U L O 0 O O O O O O O o O O O 0 O 6) 07 O m (3) 0) O 0) 0) m M M M M M co M co M M co M M N ` r rL N d r RS a I i yN 00 C � O 0 Q L6 ( C6 E v rn c(D N (0- N Q M — r ++ N CD U +' 0000LOCD0mO0NN .trr(D o � a C 0h0LANOOrl_MLhCDv ONM O Q) (DM TMr- --0N �C000 O'i � (D �7 co O CO M M M N t- cMr-M N N N E Ln CIJ � v y r (D N Q C C T N M r � O i p I N i � h r C � L � Q M M cU N o J = N r- E a �M N � _ IO E r r W Vi O �- 1~ M M N O0 = Z ` M I N � M cM- M N co Cf) or T� C N��o �1�1�^`I��r Tyr LLJ W N C E p� � r � M� T r Lo �UU f� O — (/W U <C O OCO C C CW :C-z (DC N U O O Z Y �= N N U 0000ZJ N aC)a zoa J�- H -C oEo� c C��Qm�W(nW WZWoo U�w ( min m r n m ZWF- �W UC��U cDm w�� c 0 UC�Q Q� Q a LL O o �ZUJm�0-U]w0U(nu)(� p W(3 > a z ��wl-�cs�o—Uo< o ==z 00 Q 0- a)ma-U) mw0a- <IL > m Xu Z0 m � I z M O M O O N O N M N O M u-�--NOOCl cO OOM u M�MM'ct d'(V NMMN MMM M M v p r- O 0 0 0 0 0 0 0 0 0 0 00 O O N C)O O CD U CD0 O O M M 0 0 0 0 0 0 0 0 O N C) 0 0 00 >, C 'trdlf�00�d)O»� M 0 M O ' d' O d' O V) 0 v vvv I. 00000000000000 0 0000 00 00 Q oo0oo00000oo00 o o00o 00 Oo cD CD (D(D 0 tf 0 n m N of # V� -0p M co to0) 0) 0) C L 0 0 rn *' u U F�- C t - T co M M M (2 U 0 r T u ! a ii I I AUTO DEALERSHIP AUTO DEALERSHIP RENTAL CAR COMPANY VACANT BUILQING AUTOMOTIVE 'SALES SITE MIXED RETAIL BUILDINGS INDICATES BOUNDRY CITY OF GEM LAKE COFFEE SHOP RESTAURANT / BAR FLORAL SALES / GREENHOUSE September 18, 2013 RELOCATED MONUMENT SIGN NEW PROPOSED ACCESS FROM CO RD E SHED ROOF AND SIGNAGE TO BE DEMOLISHED METAL BUILDING TO BE RELOCATED NEW ARCHITECTURAL ACCENT AT CORNER EXISTING BUILDINGS NO WORK EXISTING PAVING TO BE RESURFACED BUILDING TO UTILIZED FOR AUTOMOTIVE SALES APPROXIMATE PROPERTY LINES NEW 3 CABLE AND BOLLARD SECURITY FENCE EXISTING GRAVEL PARKING AREA TO REMAIN EXISTING CHAIN LINK FENCE TO REMAIN APPROXIMATE LOCATION OF RELOCATED METAL BUILDING FOR AUTO STORAGE NEW LANDSCAPE BUFFER AREA LOW PLANTINGS AND FLOWERS September 18, 2013 BUILDING SIGNAGE FRAME TO REMAIN /NEW GRAPHICS TO BE PROVIDED EXISTING NORTH ELEVATION OF RETAIL BUILDING BUILDING TO BE UPDATED FOR AUTOMOTIVE SALES LANDSCAPE AREAS TO BE REPLANTED WITH LOW SHRUBS BUSHES, AND FLOWERS. ARBORVITAE TO BE REMOVED SIGN & STANDARDS TO BE RELOCATED TO NORTH PROPERTY EDGE ALONG COUNTY ROAD E SEE SITE PLAN METAL ROOF TO REMAIN ARBORVITAE TO BE REMOVED NEW LOW PLANTINGS TO BE PROVIDED BUILDING SIGNAGE FRAME TO BE RELOCATED /TO SOUTH WEST BUILDING CORNER NEW GRAPHICS TO BE PROVIDED FLUD CMU WALLS TO BE REPAINTED EXISTING WEST ELEVATION'OF RETAIL BUILDING September 18, 2013 SHED ROOF AND SIGNAGE TO BE DEMOLISHED METAL BUILDING TO BE REUSED ON SITE EXISTING WEST ELEVATION OF METAL BUILDING APPROXIMATE LOCATION FOR RELOCATED METAL BUILDING EXISTING METAL BUILDING TO BE RELOCATED EXISTING SHED ROOF AND SIGNAGE TO BE DEMOLISHED EXISTING NORTH ELEVATION OF METAL BUILDING September 18, 2013 ILA. Qq�,►- 40' 1 / f L �" '�q BUILDING ELEVATIONS ALONG HOFFMAN ROAD EXISTING MIXED RETAIL AND SERVICE BUSINESS NO WORK EXISTING PAVING AREA PATCH AND REPAIR r' BEING REQUESTED LOCATION OF PREVIOUS DRIVE ACCESS Q FOR REINSTALLATION BY RAMSEY COUNTY PENDING ENVIRONMENTAL ASSESSMENT PHASE TWO DEVELOPMENT OF SITE WILL RENOVATE OR DEMOLISH BUILDINGS FOR CONSTRUCTION OF NEW MIXED RETAIL AND OFFICE BUILDINGS September 18, 2013