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.
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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.
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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
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Gem Lake City Council Meeting
Page 5 of 5
SIGN UP SHEET:
Ben Johnson
Tom Kelly
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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
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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
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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
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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
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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