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HomeMy WebLinkAboutAgenda Packets - 2013/10/28CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, October 28, 2013 7:00 p.m. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight's agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. 7:OOpm Public Hearing, Resolution 8165 Authorizing the Issuance, Sale, and Delivery of a Subordinate Health Care Facilities Revenue Note (BHS/Allina TCU Project), Series 2013, in the Aggregate Principal Amount not to Exceed $3,000,000, for the Benefit of Benedictine Living Center of Fridley, LLC, Payable Solely from Revenues Pledged Pursuant to a Loan Agreement and a Servicing Agreement; and approving the form of and Authorizing the Execution and Delivery of Related Documents B. 7:05pm Public Hearing, Resolution 8164, Approving a Conditional Use Permit for an 1,100 Square Foot Oversize Garage at 8280 Eastwood Road C. Resolution 8168, Approving a Non -Standard Street Design and Parking Restrictions for Ardan Avenue in Area G of the Street and Utility Improvement Program 8. CONSENT AGENDA A. Resolution 8163 Electing to Retain the Statutory Tort Limit on Liability for the 2014 Insurance Policies B. Resolution 8167, Approving Gary Rundle's Appointment to the Streets and Utilities Advisory Committee C. Resolution 8166, Authorizing a Joint Powers Agreement (JPA) with Ramsey County for Election Systems 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES -None Monday, October 28, 2013 City Council Agenda Page 2 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Finance 3`d Quarter Report C. Reports of City Attorney 12. Next Council Work Session Next Council Meeting: 13. ADJOURNMENT Monday, November 4, 2013, at 7pm TUESDAY, November 12, 2013, at 7pm MOUNDS VtE-W of Mounds View Staff Item No: 7.A. Meeting Date: October 28, 2013 Type of Business: Council Business Administrator Review: s To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 8165 Authorizing the Issuance, Sale, and Delivery of a Subordinate Health Care Facilities Revenue Note (BHS/Allina TCU Project), Series 2013, in the Aggregate Principal Amount not to Exceed $3,000,000, for the Benefit of Benedictine Living Center of Fridley, LLC, Payable Solely from Revenues Pledged Pursuant to a Loan Agreement and a Servicing Agreement; and approving the form of and Authorizing the Execution and Delivery of Related Documents Introduction: The City Council provided preliminary approval on September 23rd to use conduit debt financing to finance the acquisition, construction and equipping of a 45 -bed transitional care facility and 5 care suites located on the Unity Hospital/Allina campus. The final subordinate note amount is $3,000,000 and the City will receive a 1 % issuance fee for the use of the City's lending authority. The note will not constitute a general or moral obligation of the City and will not be secured by or payable from any property or assets of the City. The note will not be secured by any taxing power of the City. The City Council has been supportive of moving forward with use of conduit debt financing as the project will be beneficial to Mounds View residents. Discussion: This is the final step in issuing the Subordinate Health Care Facility Revenue Notes. Resolution 8155 granted preliminary approval, set a public hearing, and authorized application for authorization to issue from the Minnesota Department of Employment and Economic Development (DEED). The City is represented by Julie Eddington as lead bond council from Kennedy & Graven. Gina Fiorini is representing Kennedy & Graven tonight. Recommendation: Staff recommends that Council review the information, ask questions and if comfortable approve Resolution 8165. Respectfully submitted, e� ark Beer Finance Director Offices in 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis Minneapolis, MN 55402 Saint Paul (612) 337-9300 telephone (612)337-9310 fax St. Cloud mm.kennedy-graven.com Affirmative Action, Equal Oppot nnity Employer JULIE A. EDDINGTON Attorney at Law Direct Dial (612) 337-9213 Email; jeddington@kennedy-graven.com October 23, 2013 Mark Beer Finance Director City of Mounds View 2401 County Road 10 Mounds View, MN 55112 Re: Resolution providing final approval for the issuance of the Subordinate Healthcare Facilities Revenue Note proposed to be issued by the City of Mounds View, Minnesota Dear Mark, As you know, Benedictine Living Center of Fridley, LLC, a Minnesota nonprofit limited liability company (the `Borrower") has requested that the City issue its Subordinate Healthcare Facilities Revenue Note, Series 2013 in an aggregate principal amount of not more than $3,000,000 (the "Subordinate Note"). The City Council is being asked to hold a public hearing and adopt the attached resolution on Monday, October 28, 2013, which provides final approval for the issuance of the Subordinate Note and authorizes the execution of related documents. If the City agrees to issue the Subordinate Note, the Borrower will use the proceeds of the Subordinate Note, along with proceeds of the Health Care Facilities Revenue Note, Series 2013 (the "Fridley Note") to be issued in the amount of $10,000,000 and equity, to (i) finance the acquisition, construction, and equipping of a 45 -bed transitional care facility and 5 care suites located on the Unity Hospital/Allina campus at 550 Osborne Road in the City of Fridley (the "Project"); (ii) fund capitalized interest on the Fridley Note and the Subordinate Note; (iii) fund any necessary reserves; and (iv) pay costs of issuance of the Notes and other costs related to the Project. The Subordinate Note is proposed to be issued pursuant to Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Act"). Pursuant to Minnesota Statutes, Section 471.656, as amended, a city is authorized to issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of the city if the obligations are issued under a joint powers agreement between the city issuing the obligations and the city in which the property to be acquired or improved is located. Because the Project is located in the City of Fridley, the City is asked to execute a Cooperative Agreement with the City of Fridley to issue the Subordinate Note to finance the Project. The City of Fridley has been asked to provide host approval for the issuance of the Subordinate Note by the City. The Subordinate Note is proposed to be privately placed with Piper Jaffray Lending LLC (the "Lead Lender"), and the Lead Lender has agreed to purchase the Subordinate Note and to sell undivided interests in and to the Subordinate Note to one or more institutional lenders (the "Participants") pursuant to one or more 434027v1 JAE MU210-222 participation agreements between the Lead Lender and each of the Participants, which will be evidenced by one or more certificates of participation. Debt service payments for the Subordinate Note will be subordinate to the debt service payments for the Fridley Note and purchasers of the Subordinate Note will be fully informed of this fact. If the Subordinate Note is authorized to be issued by the City Council, they will be issued as conduit revenue bonds secured solely by the revenues derived from a loan agreement (the "Loan Agreement") to be executed by the City, the Borrower, and the Lead Lender, and from other security provided by the Borrower. The Subordinate Note will not constitute a general or moral obligation of the City and will not be secured by or payable from any property or assets of the City (other than the interests of the City in the Loan Agreement) and will not be secured by any taxing power of the City. The Subordinate Note will not be subject to any debt limitation imposed on the City and the issuance of the Subordinate Note will not have any adverse impact on the credit rating of the City, even in the event that Borrower encounters financial difficulties with respect to the Project to be financed with the proceeds of the Subordinate Note. The Subordinate Note is proposed to be issued as tax-exempt obligations, the interest on which is not includable in gross income for federal income tax purposes. Tax-exempt obligations are usually not eligible for purchase by banks and other financial institutions, but Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), permits each issuer of tax-exempt obligations to designate up to $10,000,000 of tax-exempt bonds as "qualified tax-exempt obligations" (sometimes referred to as "bank -qualified bonds") that are eligible for purchase by banks and other financial institutions. In order to issue bank -qualified bonds, the issuer must not expect to issue more than $10,000,000 of bonds (other than private activity bonds that are not qualified 501(c)(3) bonds) in a calendar year. The Borrower has requested that the City designate the Subordinate Note as a qualified tax-exempt obligation for purposes of Section 265(b)(3) of the Code. Under the terms of the Loan Agreement, the Borrower will pay all of the City's fees and expenses and pay the City its administrative fee required for bond issuance. Gina Fiorini, one of the bond attorneys in our office, will be attending the City Council meeting on October 28, 2013, and can answer any questions that may arise during the meeting. Please contact me with any questions you may have prior to the City Council meeting. Sincerely, Julie A. Eddington 4340270 JAE MU210-222 follows: CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 8165 AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF A SUBORDINATE HEALTH CARE FACILITIES REVENUE NOTE (BHS/ALLINA TCU PROJECT), SERIES 2013, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,000,000, FOR THE BENEFIT OF BENEDICTINE LIVING CENTER OF FRIDLEY, LLC, PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO A LOAN AGREEMENT AND A SERVICING AGREEMENT; AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS BE IT RESOLVED by the City Council of the City of Mounds View, Minnesota (the "City"), as Section 1. Recitals and Findings. 1.01. Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Act'), authorizes a city to issue revenue obligations to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of a "project," defined in the Act, in part, as any properties, real or personal, used or useful in connection with a revenue producing enterprise, whether or not operated for profit, engaged in providing health care services, including hospitals, nursing homes, and related medical facilities. 1.02. Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the obligations are issued under a joint powers agreement between the municipality issuing the obligations and the municipality in which the property to be acquired or improved is located. Pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies, two municipalities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised and the joint powers agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. 1.03. Benedictine Living Center of Fridley, LLC, a Minnesota nonprofit limited liability company (the `Borrower"), which will be controlled by Benedictine Health System, a nonprofit corporation ("BHS"), either as its sole member or as a joint member with Allina Health System, a Minnesota nonprofit corporation ("Allina"), or any affiliate of BHS or Allina, has proposed that the City issue its Subordinate Health Care Facilities Revenue Note (BHS/Allina TCU Project), Series 2013 (the "Subordinate Note"), in the aggregate principal amount not to exceed $3,000,000. The Borrower proposes to use the proceeds of the Subordinate Note, along with equity of the Borrower and the proceeds of the Health Care Facilities Revenue Note (BHS/Allina TCU Project), Series 2013 (the "Series 2013 Note"), proposed to be issued by the City of Fridley, Minnesota (the "City of Fridley") in the aggregate principal amount not to exceed $10,000,000, to (i) finance the acquisition, construction, and equipping of a 50 -bed transitional care facility located on the Unity Hospital/Allina campus at 550 Osborne Road, 433887vl JAE MU210-222 Fridley, Minnesota, which will be owned and operated by the Borrower (the "Project'); (ii) fund capitalized interest on the Series 2013 Note and the Subordinate Note (together, the "Notes"); (iii) fund any required reserves; and (iv) pay costs of issuance of the Notes and other costs related to the Project. 1.04. The City and the City of Fridley are proposing to enter into a Cooperative Agreement, dated on or after November 1, 2013 (the "Cooperative Agreement'), pursuant to which the City of Fridley will consent to the issuance by the City of the Subordinate Note and the financing of a portion of the Project with the proceeds of the Subordinate Note, and the City will agree to issue the Subordinate Note to finance a portion of the Project. 1.05. In accordance with the terms of the Act, the City has prepared an application to the Minnesota Department of Employment and Economic Development ("DEED") for approval of the Project pursuant to the requirements of Section 469.154 of the Act. Section 469.154, subdivision 4 of the Act requires that prior to submitting an application to DEED for approval of a project, the City Council must conduct a public hearing on the proposal to undertake projects authorized to be financed under the terms of the Act. 1.06. Prior to the issuance of the Subordinate Note, the City Council of the City must conduct a public hearing to (i) approve the issuance of the Subordinate Note pursuant to the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder (the "Code"); and (ii) approve the Project pursuant to Section 469.154, subdivision 4 of the Act. 1.07. On the date hereof, the City Council conducted a duly noticed public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the following: (i) approval of the issuance of the Subordinate Note pursuant to the requirements of Section 147(f) of the Code and the regulations promulgated thereunder; and (ii) approval of the issuance of the Subordinate Note and approval of the Project pursuant to the requirements of the Act. 1.08. Pursuant to Section 147(f) of the Code, when a city issues tax-exempt obligations to finance a facility in another city, the governing body of the city in which the facility is located must hold a public hearing and provide host approval for the issuance of such tax-exempt obligation. On the date hereof, the City Council of the City of Fridley is holding a public hearing to consider providing host approval to the issuance of the Subordinate Note by the City for the purposes of financing the Project and related costs, as described in Section 1.03. 1.09. The City finds that the Project furthers the economic development purposes stated in Section 469.152 of the Act and constitutes a revenue producing "project," as defined in Section 469.153, subdivision 2(d) of the Act. 1.10. The Subordinate Note is to be issued under the terms of this resolution and a Servicing Agreement, dated on or after November 1, 2013 (the "Servicing Agreement'), between the City and Piper Jaffray Lending LLC, a Delaware limited liability company, as servicer (the "Servicer"). It is further proposed that the Subordinate Note will be sold to Piper Jaffray Lending LLC, a Delaware limited liability company, as lead lender (the "Lead Lender"), who will sell undivided interests in and to the Subordinate Note to one or more institutional lenders pursuant to one or more participation agreements which shall be evidenced by one or more certificates of participation. The proceeds derived from the sale of the Subordinate Note are to be loaned by the City to the Borrower pursuant to the terms of a Loan Agreement, dated on or after November 1, 2013 (the "Loan Agreement'), between the City, the Borrower, and the Lead Lender. Proceeds of the Subordinate Note will be applied by the Borrower, 433887v1 JAE MU210-222 2 together with the equity of the Borrower and the proceeds of the Series 2013 Note, if issued by the City of Fridley, to finance the acquisition, construction, and equipping of the Project. 1.11. From and after the date of issuance of the Subordinate Note, the proceeds of the Subordinate Note are to be disbursed to the Borrower in accordance with the terms of a Disbursing Agreement, dated on or after November 1, 2013 (the "Disbursing Agreement"), between the Borrower, the Servicer, and a disbursing agent selected by the Borrower and acceptable to the Servicer, and applied to the payment of the costs of the acquisition, construction and equipping of the Project. 1.12. In consideration of the loan by the City of the proceeds of the Subordinate Note to the Borrower and to secure the payment of its obligations under the Loan Agreement and the principal of, premium, if any, and interest on the Subordinate Note when due, BHS, as the designated agent of the Obligated Group consisting of St. Gertrude's Health Center, a Minnesota nonprofit corporation ("St. Gertrude's"), Steeple Pointe Senior Living Community, a Minnesota nonprofit corporation ("Steeple Pointe"), and City of Lakes Care Center, a Minnesota nonprofit corporation ("City of Lakes," and collectively with St. Gertrude's and Steeple Pointe, the "Obligated Group"), will deliver to the Servicer a Guaranty Agreement, dated on or after November 1, 2013 (the "Guaranty"), to guarantee the payment of the principal of and the interest on the Subordinate Note. 1.13. The Subordinate Note will be subordinate in right of repayment to the Series 2013 Note. 1.14. The loan repayments required to be made by the Borrower under the terms of the Loan Agreement will be assigned to the Servicer under the terms of the Loan Agreement and the Servicing Agreement. 1.15. The principal of, premium, if any, and interest on the Subordinate Note (i) shall be payable solely from the revenues pledged and otherwise available therefor (i.e., excess revenues generated by the Project not used to pay principal of and interest on the Series 2013 Note, as they become due); (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Loan Agreement and the Servicing Agreement. Section 2. The Subordinate Note. 2.01. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Subordinate Note in an aggregate principal amount not to exceed $3,000,000. The Subordinate Note shall bear interest at rates designated by the terms of the Servicing Agreement and the Subordinate Note, and shall be designated, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Servicing Agreement, in the form now on file with the City, with the amendments referenced herein. The City hereby authorizes the Subordinate Note to be issued as a "tax-exempt bond" the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. 2.02. All of the provisions of the Subordinate Note, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Subordinate Note shall be substantially in the form set forth in the Servicing Agreement, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to 433887vl JAE MU210-222 the name of the Subordinate Note, the aggregate principal amount of the Subordinate Note, the stated maturities and maturity dates of the Subordinate Note, the interest rates on the Subordinate Note, and the terms of optional and mandatory redemption of the Subordinate Note) as the Mayor and the City Administrator of the City (the "Mayor" and "City Administrator," respectively), in their discretion, shall determine. Upon approval of the Project by DEED, the Mayor and the City Administrator are authorized and directed to prepare and execute the Subordinate Note as prescribed in the Servicing Agreement and the Subordinate Note shall be delivered to the Servicer on behalf of the Lead Lender. The execution of the Subordinate Note with the manual or facsimile signatures of the Mayor and the City Administrator and the delivery of the Subordinate Note by the City shall be conclusive evidence of such determination. The City Council of the City hereby authorizes and directs the Mayor and the City Administrator to execute and deliver the Subordinate Note. 2.03. The Subordinate Note shall be a special limited obligation of the City, and the principal of, premium, if any, and interest on the Subordinate Note shall be payable solely from the proceeds of the Subordinate Note, the revenues derived from the Borrower pursuant to the terms of the Loan Agreement and the Servicing Agreement, and the security provided by the Borrower in accordance with the terms of the Loan Agreement, the Servicing Agreement, and any and all other security of any kind or nature provided by the Borrower to the Servicer. 2.04. The issuance of the Subordinate Note shall be contingent upon the City of Fridley holding a duly -noticed public hearing and providing host approval for the issuance of the Subordinate Note and the execution of the Cooperative Agreement by all parties. Section 3. The Note Documents. The Cooperative Agreement, the Servicing Agreement and the Loan Agreement (collectively, the "Note Documents") are hereby approved. The Mayor and the City Administrator are hereby authorized and directed to execute and deliver the Note Documents. All of the provisions of the Note Documents, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Note Documents shall be substantially in the form on file with the City, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and City Administrator, in their discretion, shall determine, and the execution of the Note Documents by the Mayor and City Administrator shall be conclusive evidence of such determination. Section 4. Disbursements of Subordinate Note Proceeds. The proceeds of the Subordinate Note shall be disbursed in accordance with the terms of the Loan Agreement, the Servicing Agreement, and the Disbursing Agreement for the payment of the costs of the Project and related costs in accordance with the terms of the Loan Agreement, the Servicing Agreement, and the Disbursing Agreement. Section 6. Other Documents. The Mayor, the City Administrator, and the Finance Director of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Subordinate Note, including one or more certificates of the City, an endorsement of the City to the tax certificate of the Borrower, an Information Return for Tax -Exempt Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Subordinate Note. The City hereby approves the execution and delivery by the Servicer of the Servicing Agreement, the Disbursing Agreement, and all other instruments, certificates, and documents prepared in conjunction with the issuance of the Subordinate Note that require execution by the Servicer. The City hereby authorizes Kennedy & Graven, Chartered, acting as bond counsel, to prepare, execute, and deliver its approving legal opinion with respect to the Subordinate Note. 433887vl JAE MU210-222 Section 7. Servicer Authorized to Act. The Servicer is further authorized to accept the Guaranty from the Guarantor to ensure timely payment of the principal of, premium, if any, and interest on the Subordinate Note. Section 8. Disclosure Documents, The City has not participated in the preparation of any official statement or other disclosure document relating to the offer and sale of the Subordinate Note and the City assumes no responsibility for the sufficiency, accuracy, or completeness of any information set forth in any such disclosure document. Section 9. The City and Its Officers, Employees, and Agents. 9.01. As required by the terms of Section 469.154 of the Act, the employees, officers, and agents of the City are hereby authorized and directed to submit an application to DEED for approval of the Project and the issuance of the Subordinate Note. 9.02. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body, or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. 9.03. No covenant, stipulation, obligation, or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the City Council of the City, or any officer, agent, or employee of the City in that person's individual capacity, and neither the City Council of the City nor any officer or employee executing the Subordinate Note shall be liable personally on the Subordinate Note or be subject to any personal liability or accountability by reason of the issuance thereof. 9.04. No provision, covenant, or agreement contained in the aforementioned documents, the Subordinate Note, or in any other document relating to the Subordinate Note, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement and the Servicing Agreement which are to be applied to the payment of the Subordinate Note, as provided therein and in the Servicing Agreement. 9.05. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City or any holder of the Subordinate Note issued under the provisions of this resolution, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holders from time to time of the Subordinate Note issued under the provisions of this resolution. Section 10. Severability. In case any one or more of the provisions of this resolution, other than the provisions contained in Section 2 hereof, or of the aforementioned documents, or of the Subordinate Note issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Subordinate Note, but this resolution, the aforementioned documents, and the Subordinate Note shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 433887v1 JAE MU2I0-222 Section 11. Validity of the Subordinate Note. The Subordinate Note, when executed and delivered, shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Subordinate Note and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Subordinate Note, and to the execution of the aforementioned documents to happen, exist, and be performed prior to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. Section 12. Authorization for Other Acts. The officers of the City, bond counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Subordinate Note for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Subordinate Note, the aforementioned documents and this resolution. In the event that for any reason the Mayor is unable to carry out the execution of any of the documents or other acts provided herein, any persons delegated the duties of the Mayor shall be authorized to act in the capacity of the Mayor and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. If for any reason the City Administrator is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any person delegated the duties of the City Administrator, with the same force and effect as if such documents were executed and delivered by the City Administrator. Section 13. Designation as Bank -Qualified Obligation. The City hereby designates the Subordinate Note as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. Section 14, Payment of Costs. The Borrower has agreed to pay directly or through the City any and all costs paid or incurred by the City in connection with the transactions authorized by this resolution, whether or not the Subordinate Note is issued. Section 15. Payment of City's Administrative Fee. The Loan Agreement will require the Borrower to pay the City's bond administrative fee in the amount of one percent (1.0%) of the original aggregate principal amount of the Subordinate Note when the Subordinate Note is issued. In addition, the Loan Agreement will include a provision requiring the Borrower to compensate the City for any economic loss it incurs if it must issue general obligation bonds in 2013 that are not "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code. Section 16. Effective Date. This resolution shall be in full force and effect from and after its passage. Approved by the City Council of the City of Mounds View, Minnesota, this 28th day of October, 2013. Mayor ATTEST: City Administrator 4338870 JAE MU210-222 MOUNDOU 7�T Item No: 7B tSvVf E-Meeting Date: October 28, 2013 Type of Business: Public Hearing Administrator Review: City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Resolution 8164, Conditional Use Permit for an Oversized Garage at 8280 Eastwood Rd; Planning Case CU2013-005 Introduction: The applicants, property owner Sarah Lange and Ryan Carlisle, are requesting approval of a conditional use permit to construct an oversize attached garage on their property at 8280 Eastwood Road. The applicants want to demolish the existing 22' x 21'-8"(476 square feet) garage and build a new 22'x50' attached garage (1,100 square feet). The applicants have submitted plans for a garage larger than what the City Code allows without a planning action. The City limits the size of accessory buildings, whether attached or detached from the house, to a maximum of 952 square feet. Any building larger than 952 square feet must get City approval of a conditional use permit. The garage the applicants are proposing would be 1,100 square feet. The applicants indicate that they want the extra space to store a boat and a classic car, among other things. Requirements: Section 1106.03, Subd. 1: This part of the Code limits the height of an accessory building, the number of accessory buildings, the backyard coverage ratio of accessory buildings and specifies roof style and pitch. A Conditional Use Permit (CUP) is required for garages exceeding 952 square feet. Section 1106.04, Subd. 6: This part of the Code enumerates the conditions for garages exceeding 952 square feet. The garage must be permanent, be uniform in appearance with the home, not exceed 35 feet in width, and not exceed 1,800 square feet of total accessory building area on the lot. Section 1125.01, Subd. 1: The Planning Commission is required to review the possible adverse effects of the requested conditional use. Discussion: The request fora Conditional Use Permit to construct the 1,100 square foot garage satisfies the requirements as stated in Section 1106.03 and 1106.04, Subdivision 6 of the Mounds View Zoning Code. The proposed garage would meet all City setback, height and accessory building coverage requirements. The applicants' property is 0.43 acres (81' x 231'). The City Code limits backyard building coverage to 20% of the yard area. The added garage area that extends into the backyard along with the existing 192 square foot shed would cover approximately 5.7% of the backyard area. The total accessory building square feet with the shed and new garage would be 1,292 square feet which is below the maximum of 1,800 square feet limit. 8280 Eastwood CUP Request October 28, 2093 Page 2 The City Code also specifies that the roof for all accessory buildings exceeding 250 square feet, shall match or be similar to the character and style of the roof of the principal structure, and have a pitch or slope of at least 2-12, but no steeper than 12-12. The proposed garage will have the same pitch as the house since it's an attached garage. CUP Considerations: Chapter 1125 of the Zoning Code requires that the Planning Commission and City Council review and address any potential adverse effects of a conditional use that include, but are not limited to, the relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Staff has addressed each of these potential adverse effects below. Relationship with the Comprehensive Plan. The Comprehensive Plan designates this property as low-density residential, as well as the surrounding area. The Comp Plan encourages the development and maintenance of residential areas to improve the quality, appearance and attractiveness of housing units and residential property in general. With this project, the applicants would be creating more garage space to have more indoor storage for their recreational vehicles. Such additional storage would be a benefit to the property and to the neighborhood. The Geographical Area Involved. The applicants' home is located on Eastwood Road, in a residential neighborhood, towards the north end of the City. Depreciation. The proposed garage would benefit the subject property both in a practical sense by providing additional on site, indoor parking and storage, as well as in an economic sense, as the addition would increase the "value" of the property. Increased property values area benefit to everyone. The Character of the Surrounding Area. The applicants neighborhood is entirely single-family residential. The homes in this area are a variety of styles, with the lot sizes all around half an acre. The garage would still look like a typical 2 -car size garage from the front, but would extend deeper into the backyard. It would be visible to the adjacent backyard neighbors, but the properties in this area are all fairly large at 80-100 feet wide and 230 feet deep (0.59 acres), so the deeper garage should not look out of place. The Demonstrated Need for Such a Use. The applicants are proposing a 1,100 square foot garage that would allow for parking recreational vehicles and a boat inside. 8280 Eastwood CUP Request October 28, 2013 Page 3 Recommendation: After taking testimony from staff, the applicants and affected neighbors, the City Council may take one of the following actions below related to the request. Staff recommends approval of this conditional use permit. Approve the conditional use permit as requested. Staff has prepared Resolutior 8164 that approves the conditional use permit if the Council chooses this action. 2. Choose to deny the conditional use permit. If the Council chooses this option, Staff would need direction from the City Council to prepare a resolution of denial with findings of fact to support the denial. 3. Table the request. If the City Council needs more information before making a decision or if they decide that there is need for more discussion, the Council can simply move to table the request until such information has been provided. Because of 60 -day requirements, the Council would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial View 3. Site Plan 4. Photos 5. Resolution 8164 8443 r6435 8425 8415 8405 8379 8373 8367 8359 8345 8331 8315 8303 8295 8287 1 8281 8273 R9R7 Zoning Map N 8444 8434 8414 8404 8390 8360 8350 8340 8445 8433 8425 8415 8405 8395 8385 8375 8355 8345 8325 8320 8315 8310-W 8305 In - 8290 r 8291 8280 Z 8281 8444 2 8453 8432 8441 8428 8429 8408 8415 84001 18395 106MV [83557 8370 8360 8350 8340 8330 8320 w4inl 1 8323 8310 8290 8270 N 82718270 oO 8265 8260 H8251 — — 8250 8250 8255 8241 In Ln °' �– N. N N N N 6231- W AVE Ardan Avenue 0404 - 8454 8444 8424 8400 8390 8380 8376 8372 8340 8320 8300 8290 8280 8260 8250 8425 8415 8405 8395 8385 8375 8365 8325 8321 8315 8305 8295 8273 8267 8255 8388 8384 i 8378 8372 8360 8346 8310 II, 2 aj� 0 8260 L 2 Nn N 6250 8283 8271 8247 * Properties not indicated with a designation are zoned R-1, Single Family Residential 8261 8240 8255 O N 8241 In Ln °' �– N. N N N N 6231- W AVE Ardan Avenue 0404 - 8454 8444 8424 8400 8390 8380 8376 8372 8340 8320 8300 8290 8280 8260 8250 8425 8415 8405 8395 8385 8375 8365 8325 8321 8315 8305 8295 8273 8267 8255 8388 8384 i 8378 8372 8360 8346 8310 II, 2 aj� 0 8260 L 2 Nn N 6250 8283 8271 8247 * Properties not indicated with a designation are zoned R-1, Single Family Residential Ja WN, A 4y 9 t✓ b Site Plan r 0 yyrz 5 'I y�1 � y E n 14 � SYS kct� a.K' i,1 zSU � 1 w a u.NAM yyrz 5 'I y�1 � y E n 14 a a.K' i,1 a.K' RESOLUTION NO. 8164 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 1,100 SQUARE -FOOT GARAGE AT 8280 EASTWOOD ROAD; PLANNING CASE CU2013-005 WHEREAS, property owner, Sarah Lange, has applied for a conditional use permit to construct a 1,100 square foot garage; and, WHEREAS, the subject property, located at 8280 Eastwood Road, is zoned R-1, Single Family Residential, and is legally described as follows: Lot 2, Block 2, East Oaks, Ramsey County, Minnesota PIN: 06-30-23-11-0078 WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,100 square feet, thus requiring City approval of a conditional use permit; and, WHEREAS, the Planning Commission and City Council have reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial View 3. Site plan 4. Photographic documentation 5. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,100 square foot garage satisfies the zoning requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas to improve the quality, appearance and attractiveness of housing units and residential property in general. Resolution 8164 Page 2 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicants have sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View City Council approves the conditional use permit for the 1,100 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single -Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The new garage shall be designed and maintained to provide a uniform appearance with the existing house. 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. Adopted this 28th day of October, 2013. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (SEAL) MOUNDS VIEW City of Mounds View Staff Report Item No: 7C Meeting Date: October 28, 2013 Type of Business: Council Business Administrator Review: To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 8168, Approving a Non -Standard Street Design and Parking Restrictions for Ardan Avenue in Area G of the Street and Utility Improvement Program Background: The Street and Utilities Task Force developed street standards for use in the Street and Utility Improvement Program (Program). The Streets and Utilities Committee reviews and provides recommendations to the City Council for non-standard street and financing issues encountered during implementation of the Program. All streets in the Program between 26 and 32 feet wide are reconstructed to the "standard" street width of 28 -feet wide (measured from the face to face of vertical curbing). Non-standard streets are those outside of this range and streets designated on the Municipal State Aid System (MSAS) that receive state aid funds for maintenance and construction. In addition to non-standard street widths and lane configurations, streets in the Program that are designated for future sidewalk or trailways (as shown in the Comprehensive Plan map) are also evaluated and recommended for these pedestrian/bicycle accommodations. The City's engineering staff and its consultant (Stantec) are currently in the design phase for the Area G project. Ardan Avenue between Red Oak Drive and Long Lake Road is the only non- standard street in the Area G project due to its MSAS status and inclusion on the Trails and Sidewalk Plan in the 2008 Comprehensive Plan. City engineering staff and Stantec designers reviewed design options with the Committee at their September 26 meeting, and then sent notices to adjacent property owners inviting them to a public information meeting on October 21 to solicit input and feedback. Adjacent property owners in Area H were also invited since it is recommended to keep the same typical section for Ardan along the entire corridor (Spring Lake Road to Long Lake Road). Discussion: Ardan Avenue has the following existing conditions: • 60 foot wide Right -of -Way • Red Oak Drive to Eastwood Road: - 36 foot wide bituminous pavement with integral edge - striped for 10.5 foot traffic lanes and 7.5 foot wide parking lanes on both sides - 12± foot wide turf boulevards • Eastwood Road to Long Lake Road: - 29 foot wide bituminous pavement with integral edge - no pavement markings - 15.5± foot wide turf boulevards Mailboxes are located in south boulevard except between Red Oak Drive and Eastwood (across from church property) 24 single-family homes adjacent to Right -of -Way - 14 on north side (7+7), 10 on south side (0+10) with church located on the south side between Red Oak Drive and Eastwood Road • No existing pedestrian or bicycle accommodations • No parking restrictions • 602 ADT (Average Daily Traffic) - projected 722 ADT 0 Metro Transit Bus Line route with stops at each intersection Res. 8168 Approving Non -Standard Street Design and Parking Restrictions for Ardan Avenue in Area G Page 2 To be eligible to receive state funding for street reconstruction, Ardan Avenue is required to be designed to a stricter set of standards. This includes having designated parking and striping a centerline. Given the residential character of Ardan Avenue, it is likely that on -street parking will still be needed and desired by the adjacent residents. However, on -street parking on both sides of the street does not appear necessary based on the observed number of vehicles typically parked on Ardan. Eliminating one parking lane decreases stormwater management requirements as well as construction costs (by approximately $20,000). The notice sent to property owners on Ardan included recommended options and a feedback portion (see attached). The recommended options by the design engineers and Committee included a parking lane only on the south side of the street, and either an 11 -foot off-street multi- use trail or a combined 6.5 -foot wide concrete sidewalk with 5.5 -foot on -street bike lane. The trail and sidewalk were both suggested for the north boulevard in the notice. Approximately 20 property owners attended the information meeting held during the S/U Committee meeting. In general, support for a sidewalk/bike lane combination or shared -use trail was evenly split. This was also the case for the parking location on the north or south side. A good portion of the input and discussion centered around the impact that a pedestrian/bicycle accommodation would have on the narrower section of Ardan between Eastwood and Long Lake Road. The Committee reviewed the feedback and verbal input at their October meeting and recommend (4-0) a 32 -foot wide typical section with two travel lanes and one parking lane located on the south side of the street (eastbound). Specific pedestrian/bicycle accommodations were not included due to the impact on properties in the narrow section of Ardan between Eastwood and Long Lake Road. Given that the parking lane will have no to little parking the majority of the time, this lane will provide for a shared -use purpose for parking, biking, and walking. Recommendation: Engineering staff and the Streets and Utilities Committee recommend that the City Council adopt the attached resolution approving a 32 -foot wide (curb face to curb face) street design for Ardan Avenue between Red Oak Drive and Long Lake Road. The typical street section includes two 11 - foot drive lanes, a 2 -foot wide reaction zone on the north (westbound) side, and an 8 -foot wide parallel parking lane on the south (eastbound) side. Respectfully submitted Nick DeBar- Public Works Director RESOLUTION 8168 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A NON-STANDARD STREET DESIGN AND PARKING RESTRICTIONS FOR ARDAN AVENUE IN AREA G OF THE STREET AND UTILITY IMPROVEMENT PROGRAM WHEREAS, the City Council adopted Resolution 7176 on October 22, 2007 establishing the Street and Utility Improvement Program (Program), which includes nine Street and Utility Improvement Projects identified as Areas A through I; and WHEREAS, a Streets and Utilities Committee was established through Resolution 7223 on February 11, 2008 to oversee the implementation of the Street and Utility Improvement Program, including providing recommendations to the City Council on design or financing issues encountered during the Program; and WHEREAS, the City Council approved Resolution 8108 on May 28, 2013 authorizing Stantec to perform engineering services and prepare bidding documents for the design phase for Area G of the Program; and WHEREAS, Ardan Avenue is a non-standard street in Area G of the Program due to its Municipal State Aid status and has proposed pedestrian/bicycle accommodations in accordance with the 2008 Comprehensive Plan; and WHEREAS, City staff developed design recommendations for Ardan Avenue and reviewed these recommendations with the Streets and Utilities Committee and adjacent property owners in Area G and H on October 21, 2013, including soliciting resident feedback; and WHEREAS, Public Works and the Street and Utilities Committee recommend that Ardan Avenue in Area G be reconstructed to 32 -feet wide with two 11 -foot traffic lanes, one 2 -foot reaction zone/shoulder adjacent to the westbound traffic lane (north side), and one 8 - foot wide parallel parking outside the eastbound traffic lane (south side); and WHEREAS, to be eligible for State Aid funding, Ardan Avenue must be signed with "No Parking" or equivalent traffic signs on the sides of the street that do not include the designated parking lanes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. Ardan Avenue between Red Oak Drive and Long Lake Road will be reconstructed as a 32 -foot wide street, measured at the face of curb, with two 11 -foot traffic lanes, one 8 - foot wide parallel parking on the south (eastbound) side, and a 2 -foot reaction zone/shoulder adjacent to the north (westbound) side. 2. Ardan Avenue will be signed with "No Parking" or equivalent traffic signs on the north side (westbound traffic) between Red Oak Drive and Long Lake Road. Adopted this 28th day of October, 2013. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (SEAL) Resolution 8168 11I MOMS VIEW P US L I C W OR K S 2401 HIGHWAY 10 • MOUNDS VIEW, MN 55112 (763) 717-4050 • FAX (763) 717-4019 www.ei.mounds-view.mn.us/publicworks IMPORTANT NOTICE PUBLIC INFORMATION MEETING FOR ARDAN AVENUE STREET DESIGN Your property is located on a street that the City of Mounds View plans to reconstruct next summer as part of the 2014 Street and Utility Improvement Project — Area G. The City is currently in the design phase of the project and would like your input on the street configuration of Ardan Avenue. The City invites you to attend a short presentation by engineering staff at the next Streets and Utilities Committee meeting to learn more about the street design options and allow the public an opportunity to ask questions and provide any feedback, input, or suggestions. The meeting details are as follows: ARDAN AVENUE DESIGN PRESENTATION 7:00 P.M. — MONDAY, OCTOBER 21, 2013 MOUNDS VIEW CITY HALL — 2401 CO. HIGHWAY 10 Background/Purpose: The street width and lane configuration for Ardan Avenue is being evaluated because it is considered a non-standard street according to the City's Street and Utility Improvement Program. Ardan Avenue is also being considered for pedestrian and bicycle accommodations in accordance with the City's Comprehensive Plan. After the presentation and public input, the Streets and Utilities Committee is expected to make a recommendation which will be forwarded to the City Council for their consideration, along with the recommendation of engineering staff. Design Considerations: Ardan Avenue will be fully reconstructed with a new asphalt pavement section and vertical concrete barrier curbs. City engineering staff has provided design options for street width, lane configuration, and pedestrian/bicycle accommodations. Due to low traffic counts and infrequent use of on -street parking, a parking lane is being recommended on the south side only (no on -street parking on north side). Recommended options for pedestrian/bicycle accommodations include either: 1) a multi -use trail, or 2) a sidewalk/bike lane combination. The trail and sidewalk/bike lane combination are proposed to be on the north side of the street (westbound shoulder). Typical sections for these options are enclosed with this notice. Feedback: Please indicate your preference for pedestrian/bicycle accommodations and parking options: 1. Do you support a multi -use trail for pedestrian/bicycle accommodations (circle one)? Yes No 2. Do you support a combination concrete sidewalk with bike lane (circle one)? Yes No 3. Which pedestrian/bicycle option do you prefer (circle one)? Multi -use Trail Sidewalk/Bike Lane Don't Care 4. What side of the street do you prefer to have parking (circle one)? North South 5. Name: 7 6. Phone: Ea!_�PiF 9. Comments: Please bring this completed form to the meeting for submittal (after the presentation). If you are unable to attend the meeting, you may submit it by the following methods (before 4:30 pm, Oct. 14): • Drop it off at the Public Works Counter at City Hall • Fax to Public Works at (763) 717-4019 • E-mail feedback to nick.debar ci.mounds-view.mn.us For additional information, please contact Public Works at (763) 717-4050. Thank you. EXISITING CONDITIONS MULTI -USE TRAIL ROW ROW ARDAN AVENUE M 36' RED OAK TO EASTWOOD 29' EASTWOOD TO LONG LAKE ROAD rL ____--_---_---------------- (L ------------- 2' 11' 111— DRIVE LANE DRIVE LANE o w C�22 NEW CURB � I NEW BITUMINOUS J `----- TRAIL STANDARDTYPICAL PAVEMENT SECTION PARKING LANE CURB ROW M rL SIDEWALK AND 6.s ss' 111--ill-8' BIKE LANE DRIVE IANE DRIVE [ANE PARKING LANE BIKE LANE I o=o o—o NEW CURB NEW CONCRETE J SIDEWALK STANDARD TYPICAL PAVEMENT SECTION TYPICAL SECTIONS MOUNDS VIEW, MINNESOTA FIGURE: 2 AREA G - ARDAN AVENUE CURB DATE: 9/13/2013 PRO]. NO.: 193801993 MOUNDS VIEW City of Mounds View Staff Item No. 8.A. Meeting Date: October 28, 2013 Type of Business: Consent Agen Administrator Review: t To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 8163 Electing to Retain the Statutory Tort Limit on Liability for the 2014 Insurance Policies Minnesota Statutes 466.04 provides a limit on municipal tort liability claims. Cities have the option of waving this limit if they purchase insurance policies with larger maximum coverage. There is no reason why the City of Mounds View should waive the statutory limit on tort liability. Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort limit. The decision must be made by the City Council before the effective date of the coverage. The attached resolution declares that the City of Mounds View does not waive the statutory limit on tort liability. Respectfully Submitted, ark Beer, Finance Dir for RESOLUTION NO. 8163 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ELECTING TO RETAIN THE STATUTORY TORT LIMIT ON LIABILITY FOR THE 2014 INSURANCE POLICIES WHEREAS, the City of Mounds View is currently making application for insurance policies to cover the period of January 1, 2014 through December 31, 2014; and WHEREAS, Minnesota Statute 466.04 requires that the City Council elect to not waive the monetary limits on municipal tort liability prior to the effective date of the coverage; and WHEREAS, Waiving the statutory tort limit on liability claims is not in the best interest of the City of Mounds View. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View, that the statutory tort limit on municipal tort liability is not waived. Adopted this 28th day of October 2013. Joe Flaherty, Mayor ATTEST: Jim Ericson, City Administrator (SEAL) 1 City of Mounds View Staff Report Item No: 08B Meeting Date: October 28, 2013 Type of Business: CA Administrator Review: To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 8167, Appointing Gary Rundle to the Streets and Utilities Advisory Committee Background: The Streets and Utilities Advisory Committee is a seven (7) member committee established in 2008. The Committee advises and provides recommendations to the City Council on non- standard street design and financing issues encountered, reviews stormwater infiltration basin appeals, and evaluates any public comment associated with non-standard streets, stormwater appeals, implemented policies, or the Program in general. The Committee's purpose will be fulfilled upon completion of the Streets and Utilities Improvement Program at which time the Committee will be disbanded. Discussion: Currently, this Committee has six (6) members and one (1) vacant seat. On October 22, 2013, Gary Rundle submitted his application for this Committee. Attached is Mr. Rundle's application for your reference. Recommendation: It is recommended that the City Council consider Mr. Rundle's application and approve his appointment to the Streets and Utilities Advisory Committee with a term expiration date of December 31, 2014. Respectfully submitted, AVIL, 6.61L Desaree Crane RESOLUTION NO. 8167 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPOINTING GARY RUNDLE TO THE STREETS AND UTLITIES ADVISORY COMMITTEE WHEREAS, Mounds View Board, Commission and Committees consist of members appointed by the City Council; and WHEREAS; the Streets and Utilities Advisory Committee is a seven (7) member committee established in 2008; and WHEREAS, the Streets and Utilities Advisory Committee currently has six (6) members and one (1) vacant seat; and WHEREAS, Staff received one (1) application for the Streets and Utilities Advisory Committee on October 22, 2013, from Gary Rundle; and WHEREAS, the Mounds View City Council reviewed Gary Rundle's application to serve on this Committee. NOW, THEREFORE, BE IT RESOLVED by the City Council of Mounds View, Ramsey County, Minnesota, hereby approves Gary Rundle to serve on the Streets and Utilities Advisory Committee with a term expiration date of December 31, 2014. Adopted this 28th day of October, 2013. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (seal) Oct -22. 2013 11:03AM Xcel Energy Edina Construction G City of Mounds View 2401 County Highway 10 Mounds View, MN 55112 763-717-4000 �/No.18087 P,_ 1,y Application for Advisory Commissions and Committees Group(s) applied for: ST-ee-5 as Full Name (Please Print): (0,40 y L -e L Work Phone: / � �'�% �i5rr�3 Work/Cell Phone: 612 - Address: %y 05- Years at this address: o, Years you have lived in Mounds View: E-mail Address:. a/%O-/ r L• X"117A & X0'0 -/9A/ e/,5,N E A r Experience and Qualifications �% Skills and Interesf D 111 t r5 (� 7r 5 5 rCl?- Employment, Occupation or Other Relevant Experience: xeefe'yersy /f'�hFc�z °I'� c�igrg (/�✓! (�°r/�r� Memberships, Accomplishments or Other Qualifications: r(47ul-t e -g Ca," . Please state your reason for wanting to serve with this group: Date: /0- Z Z — C (Your re&ronse to any of the above inquiries may he continued on the back of this form and you may attach other information that you would like the City Council to consider.) The City of Mounds View is committed to the policy that all persons shall have access to its programs, facilities and employment without rogard forraco, ethnicity, sex, age orphysicol obilitles. _ Item No: 08C MOT TAii1C j%7L-AT Meeting Date: October 28,of Business: 2013 V1VlJJ ♦ 1L�Y Type of Business: CA Administrator Review/ -ity of Mounds View Staff Report ��✓✓ '� To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 8166, Authorizing a Joint Powers Agreement (JPA) with Ramsey County for Election Systems Background: In 2001, the City entered into a Joint Powers Agreement (JPA) with Ramsey County Elections for a Voting Machine System. According to Resolution 5618 (attached), the City purchased five voting machines over a five year period. The City currently has an agreement with Ramsey County Elections for election services, which includes the task of management and oversight of Primary and General Elections for the City. Discussion: Ramsey County Elections is requesting that the City enter into a JPA for the purchase and operation of new voting machines. The new machines will read and count paper ballots like the old machines do. However, the new machines will have a larger display screen that will alert voters if a ballot error is made and provide instructions to correct it. The new machines will also allow for faster processing of ballots. The new machines will be used starting in 2014. The City Council discussed this JPA at the October Work Session with Ramsey County Elections Manager Joe Mansky. At this Work Session, the City Council felt comfortable in moving forward and enter into a JPA with Ramsey County for the purchase of new election equipment. Attached is a final version of the proposed JPA. The JPA is required to be signed and returned to Joe Mansky by November 22, 2013. Total proposed costs for the new election equipment is addressed on Appendix C of the JPA. Recommendation: Staff recommends approval of Resolution 8166. This resolution authorizes the execution of the JPA with Ramsey County. Respectfully submitted, #WUL &ILL Desaree Crane RESOLUTION NO. 8166 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING A JOINT POWERS AGREEMENT (JPA) WITH RAMSEY COUNTY FOR ELECTION SYSTEMS WHEREAS, the City entered into a Joint Powers Agreement in 2001 for the purchase and operation of a new voting system; and WHEREAS, the City has an agreement with Ramsey County Elections for election services, which includes the task of management and oversight of Primary and General Elections for the City; and WHEREAS, Ramsey County Elections is requesting that the City enter into a Joint Powers Agreement for the purchase and operation of new election equipment; 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 systems for all elections enhances election judge and voter understanding of the voting process and helps to provide equitable treatment of all voters, regardless of the type of election; and WHEREAS, Ramsey County and Municipalities has reached an agreement on 1) the need to replace with existing voting system and to implement a new voting system in time for use for the 2014 state elections, and 2) the funding for the new elections equipment. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council approves the attached Joint Powers Agreement (JPA) between the City of Mounds View and Ramsey County for the purchase of election equipment. Adopted this 28th day of October, 2013. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (seal) 11 rl RESOLUTION 5618 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION AUTHORIZING A JOINT POWERS AGREEMENT WITH RAMSEY COUNTY FOR ELECTIONS SYSTEMS WHEREAS, the Ramsey County Board of Commissioners adopted Resolution 2001-283 approving a Joint Powers Agreement for Election System Replacement; and WHEREAS, efficient ballot generation and the timely accumulation of election results depend upon the use of the same vote tabulation system throughout the County, and the use of a consistent voting method for all elections enhances election judge and voter understanding of the voting process and helps to provide equitable treatment of all voters, regardless of the type of election; and WHEREAS, the County and municipalities have reached agreement on 1) the need to replace existing elections equipment and to implement new elections equipment throughout the County as soon as possible, and 2) the funding for the new elections equipment. I NOW, THEREFORE, BE IT RESOLVED the Mounds View City Council approves the attached Joint Powers Agreement between the City of Mounds View and Ramsey County for the purchase of election equipment, and BE IT FURTHER RESOLVED that the City of Mounds View will purchase five voting machines (tabulators) over a five year period at an estimated cost of $9,021 in 2002 and $8,260 annually for 2003-2006. ATTEST: SEAL. Motion by: Quick Second by: Thomas Sonterre Aye Quick Aye Stigney Aye . Marty No Thomas Aye Adopted this 24th day of September, 2001, Richard Sonterre, Mayor Kathleen Miller, City Administrator Desaree Crane From: Mansky, Joseph <Joseph.Mansky@CO.RAMS EY.MN.US> Sent: Wednesday, October 02, 20133:24 PM To: Desaree Crane Subject: FW: draftjoint powers agreement for city review Des - see my responses below. -----Original Message ----- From: Jim Ericson[malito:JimE@ci.mounds-view.mn.usj Sent: Wednesday, August 14, 2013 12:33 PM To: Mansky, Joseph Cc: Desaree Crane; Mark Beer Subject: RE: draft joint powers agreement for city review Hi Joe, Desaree and I have reviewed the draft JPA as have our attorneys with Kennedy & Graven, and the following represents our collective comments, concerns and questions. 1. What is the present fund balance for the KAVA grant and do the estimates shown in Appendix D take these dollars into account? A: We currently have about $525,000 in HAVA funds, the bulk of which will be used to purchase the county -owned equipment. As such, the impact of the HAVA funds is not currently shown in the estimated city costs in Appendix C. 2. Will the cities be required to pay maintenance costs immediately or only in the years following the execution of the JPA? A: We are not certain about this yet - it will depend in part on the extent and effect of the warranty that we get from the vendor. It's possible that the first year maintenance costs will be lower because of the warranty. 3. How certain are you regarding the indicated cost estimates? Could they decrease depending upon proposals received? Increase? For budgeting purposes, it would be good to have as firm an estimate as possible so that a budget amendment is not required in 2014. A: Good question. The current cost estimates are based on the proposals submitted to Hennepin County for their voting system purchase in March. My thinking is that the proposals made by the same three vendors will likely be similar. 4. Given that we already have a separate agreement with the County to provide election services, it would seem likely that the various costs of training and implementation might be less for us --will there be any credit provided to such municipalities? A: It's really two separate things. The training and implementation costs for the new voting system will be paid by the county. This will include the first-time training of election judges in the use of the new equipment. It will also cover any demonstrations that are set up for the voters in the year that the new voting system is implemented. The regular, biennial training of election judges in preparation for the state elections will continue to be covered separately by our election contract with you, as is now the case. S. Kennedy & Graven: Section IV, A.1 provides that the municipalities shall "appoint a Project Manager with the authority to make binding decisions on behalf of the Municipality." This may be difficult for any city since cities do not have unlimited power to delegate authority to its employees. For example, I do not believe that a city employee could be delegated the authority to terminate the agreement or not to pay bills when due. To the extent that authority can be delegated to the city manager or clerk, this paragraph would not create a problem. If, however, the county expects the Project Manager to make a decision that has not, and perhaps cannot be, delegated to an employee, it would simply have to be referred to the city council Ai Good point. We have changed this to our designated election contact for each city in the revised JPA. 6. Kennedy & Graven: Section XII deals with indemnification and insurance. Each party is required to indemnify the other for certain claims. The obligation to indemnify the other party does not contain any limits. The courts have interpreted an agreement to indemnify another party without any limits as a waiver of the statutory protection of tort limits under Minnesota Statutes, Chapter 466. Because cities typically buy their insurance in reliance on this protection, an agreement to indemnify another party without any limits can expose the city to uninsured liability. The agreement does provide in Section XII A. that liability Is governed and limited by the Torts Claims Act. However, that act allows cities to waive the protection of the liability limits. I would recommend that a new paragraph XII.F. be added as follows: "F. Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes, Chapter 466." A: The county attorney's determination was that this change was not needed. 7. can we drop from four precincts to three? Are there statutory guidelines as to maximum population per precinct? A: Good question. You cannot change the boundaries of Precinct 4 until 2022 at the earliest, since the precinct boundaries are also the boundaries of county commissioner districts Land 2. The other three precincts are presently configured as follows: MV 1 2,078 voters MV 2 1,344 voters MV 3 2,193 voters If these three precincts were combined into two new precincts, each of the two new precincts would likely end up with approximately 2,800 voters. They would at that point be two of our ten largest precincts in the county. (The countywide average is 1,625 voters.) The benefits of consolidating the three precincts into two would be lower capital costs (the city would be purchasing one fewer ballot counter, ballot box and ballot marking device.) the city would also have slightly lower annual operating costs. The downside would be the need to process a much larger number of voters through fewer locations, although in my view, that is manageable. It would likely require a somewhat different configuration of space at the community center, but I suspect that would be manageable as well. Also, here's my caveat: the aftermath of redistricting in 2021-2022 might cause the city to add back one or more precincts, depending on the location of new congressional or legislative boundaries. If you want to go forward with this, just let me know and we will prepare a map to illustrate how best to do the consolidation. 8. Under Section V, the cities will ultimately own the equipment. Yet in Section IV, a lease option is identified? Are there lease payment options that are not yet identified? A: We have not yet made a firm decision to purchase rather than lease, although a purchase would seem to make most sense at this point. We have discussed asking the vendors to submit both price schedules. 9. In Section Vi, the warranty period is blank. Will the RFP require responding firms to include a minimum warranty period? A: We have not yet made a decision on the warranty issue, namely whether or not it makes sense to purchase an extended warranty, at least for the first few years. My sense is that we are leaning in that direction. 10. In Section VIII, subsection "C" appears to be missing. A: That has been corrected. 11. In Section VIII, Sebsection "D" the County will determine how the old equipment will be liquidated, at its sole discretion. If the equipment is owned by the City, why does the County control the disposition? Granted, I presume there's greater resale value in the system as a whole rather than parceling out bits and pieces here and there by individual cities, so am not opposed. Just curious. A: Individually, the current voting system is of little to no value. Our best chance at getting any kind of return on its sale or disposal will be to do so in bulk at the point that the new voting system is purchased. In fact, we may well make vendor payment to take the old system a requirement of any new purchase. 12. I'm not sure I understand the intent of Section XI, specifically, the following: "However, the County will not participate in any discussions at these meetings that involve renegotiation of the financial provisions for the first five years of this Agreement." Does this mean that discussions may proceed however the County will plug its ears or leave the room? Is there some magic associated with five years? If for some reason the costs change dramatically in the first five years, would the County not want to address it as soon as possible? A: That section, which was from the 2001 JPA, was removed in the revised JPA. 13. Section XII, Sub D addresses insurance. If the County stores our equipment, the County will carry such adequate coverage? A: Yes. 14. In Section XVII, Cities are allowed to make a full payment on equipment it was previously making payments on. I'm not sure what the 30 -day deadline refers to, however. Does this mean that if we make a payment, then decide to allocate unexpended levy dollars toward making full payment of the equipment, we cannot do so if more than 30 days have elapsed since the last installment payment? A: That section, which was from the 2001 JPA, was removed in the revised JPA. 15. The agreement in Section XX references the task force and the planning for a successor voting system. Seems unsettling to talk about replacing a system that has not yet been ordered. How many years are we thinking the new system will serve us? A: This will be our third generation of optical scan voting systems. The first voting system was used for 14 years, Our currently system is in its 13th year of use. Hence, the proposed JPA would be for 14 years. The new system has been in the planning stage for the past three years. 16. Related to my 4th comment above, it would seem that there is some overlap with regard to implementation services, annual maintenance and the cost summary expressed in Appendices B, C & D and the agreement already in place for the County to provide election services to the City. Will there be a cost reduction in either agreement? A: The JPA only covers the voting system operations. The election contract covers the administration of elections. The only overlap is the new part of the proposed JPA that governs the operation of the absentee ballot counting center. Currently, the costs of the election judges for the counting center are covered in the election contract. These costs will be transferred to the joint powers agreement. I will have abetter idea of the amount to be transferred once I know which voting system we will be acquiring, but in any case, it's will not likely be a huge amount. That's all for now, we look forward to your response. Jim Ericson City Administrator City of Mounds View 2401 County Road 10 Mounds View, MN 55112 763-717-4001(Phone) 763-717-4019(Fax) 763-464-9644 (Cell) www.ci.mounds-view.mn.us (Web) From: Mansky, Joseph[mailto:Joseph.Mansky@CO.RAMSEY.MN.US] Sent: Monday, July 22, 2013 2:25 PM To: Sue Iverson; Amy Dietl; Blaine; Michelle Tesser; Bart Fischer; Jessica Jagoe; Heather Butkowski; Kathy Glanzer; Maplewood; Maplewood; Maplewood; Moore, Shari; Desaree Crane; New Brighton; Stephanie Marty; Bette Malm; Carolyn Curti; Barb Suciu; Shoreview; Spring Lake Park; Spring Lake Park; Kathy Keefe; White Bear Lake; White Bear Lake; Judy Moll Subject: draft Joint powers agreement for city review Desaree Crane From: Mansky, Joseph <Joseph.Mansky@CO.RAMSEY.MN.US> Sent: Monday, October 14, 2013 10:17 AM To: Sue Iverson; Amy Dietl; Blaine; Michelle Tesser; Bart Fischer; Jessica Jagoe; Heather Butkowski; Kathy Glanzer, Maplewood; Maplewood; Maplewood; Moore, Shari; Desaree Crane; New Brighton; Stephanie Marty; Bette Malm; Carolyn Curti; Barb Suciu; Shoreview; Kathy Keefe; White Bear Lake; White Bear Lake; Judy Moll Cc: Tvedten, Christina; Triplett, David Subject: proposed JPA - final Attachments: proposed JPA for new voting system - final.pdf; Appendix C spreadsheet - example of proposed capital and annual operating costs for new voting system - final.pdf Here's the final version of the proposed joint powers agreement. There is one change —we have removed Spring Lake Park (total of 95 voters) from the JPA. We will be working separately with Anoka County on their voting system. I have updated the estimated cost spreadsheet (Appendix C) to reflect this. When approved by your city council, please have the JPA signed and return to me by November 22. Joseph Mansky Ramsey County Elections Manager 90 West Plato Boulevard, Suite 160 St Paul, MN 55107 U@rcelections _ facebook.com/rcelections JOINT POWERS AGREEMENT FOR NEW VOTING SYSTEM ACQUISITION AND OPERATION This Agreement is made by and between Ramsey County, through the Ramsey Comity 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 Mimi. 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 ("HAVX ); 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 I 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. I 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 tents 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 1. 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. 2. 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 III. 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: 1, 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 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 5. accumulate and report election results cast on the ballot counters for all elections C. Warranty Services 1. 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. The 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. 3. 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. 2. The County will provide ballot layout, printing and memory device programming as follows: a. Ballot layout — no cost to Municipalities for all elections b. 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 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. The County will provide inspection and replacement of consumable supplies. 6. 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 b. Ballot counter operations C. Ballot marking, device operations 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 will be used in each election. If a Municipality identifies an error, the County Joint Poweis 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 funds as a setoff against the Implementation Costs. Joint Powers Agreement for New Voting System -2013 Page 7 of 19 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 III.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. 2. 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. 5. 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 tern 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 parry'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 goverrring 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 tern of this Agreement including any extensions prior to the effective date of termination. Each Parry shall be liable for its own acts to the extent provided by law. 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 Agreemenl`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 authorized 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 1.2 M 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: 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 Total uanti Description Price Price 18 Backup ballot counters $4,043 $72,774 18 Ballot counters for absentee voting $4,043 $72,774 36 Ballot boxes $382 $13,752 18 Backup accessible ballot marking devices 828 Memory devices 5 Central count ballot counters for absentee voting 2 Ballot on demand printers 1 Operating software 1 Staff training — hardware and software operations Freight and delivery (estimate) Subtotal for Equipment Costs - County 2. Voting equipment—Municipalities 171 Ballot counters for polling places 171 Ballot boxes 171 Accessible ballot marking devices for polling places Subtotal for Equipment Costs — Cities System Equipment Costs - Total $4,550 $66 $26,030 $8,960 $137,976 $140,000 $20,000 $4,043 $382 $4,550 $81,900 $54,648 $130,150 $17,920 $137,976 $140,000 $20,000 $741,849 $691,353 $65,322 $778,050 $1,534,725 $2,276,574 Joint Powers Agreement for New Voting System — 2013 Page 15 of 19 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 G. 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 - proposed capital and annual operating costs for new voting system Precinct ballot counters & ballot marking devices Absentee ballot counters Absentee ballot Cost processing/counting Summary %ofcountytotal %ofcountytotal meantotal ABs %countytotal sumofcolumns x total city share x0.80 accepted in last 3 x0.20 EandH ofcapital costs state gen elections City Number %of county city share of share ofannual Number of %of county share of annual Option Option Total annual of total capital costs operating costs accepted ABs total operating costs A B operating costs precincts 2006-2012 Arden Hills 3 1.76% $ 26,925.00 $ 1,588.24 1,550 2.339 $ 524.31 $ 2,112.55 Blaine 0 0.009/ $ - $ - - 0.00% $ - $ - Falcon Heights 2 1.189 $ 17,950.00 $ 1,058.82 742 1.129/ $ 250.99 $ 1,309.82 Gem Lake 1 0.59% $ 8,975.00 $ 529.41 62 0.099 $ 20.97 $ 550.38 Lauderdale 1 0.599/ $ 8,975.00 $ 529.41 212 0.329/ $ 71.71 $ 601.12 Little Canada 3 1.769 $ 26,925.00 $ 1,588.24 1,492 2.249 $ 504.69 $ 2,092.93 Maplewood 16 9.41% $ 143,600.00 $ 8,470.59 5,327 8.01% $ 1,801.93 $ 10,272.52 Mounds View 4 2.359/ $ 35,900.00 $ 2,117.65 1,414 2.13% $ 478.31 $ 2,595.95 New Brighton 5 2.94% $ 44,875.00 $ 2,647.06 3,521 5.299 $ 1,191.03 $ 3,838.09 North Oaks 2 1.18% $ 17,950.00 $ 1,058.82 1,632 2.45% $ 552.05 $ 1,610.87 North St Paul 4 2.35% $ 35,900.00 $ 2,117.65 1,479 2.22% $ 500.29 $ 2,617.94 Roseville 10 5.889 $ 89,750.00 $ 5,294.12 7,533 11.339 $ 2,548.15 $ 7,842.26 Shoreview 7 4.12% $ 62,825.00 $ 3,705.88 5,322 8.00% $ 1,800.24 $ 5,506.13 Spring Lake Park 0 0.00% $ - $ - - 0.00% $ - $ - StAnthony 1 0.599 $ 8,975.00 $ 529.41 577 0.879 $ 195.18 $ 724.59 St Paul 97 57.06% $ 870,575.00 $ 51,352.94 27,610 41.51% $ 9,339.48 $ 60,692.42 Vadnals Heights 4 2.359/ $ 35,900.00 $ 2,117.65 2,013 3.03% $ 680.93 $ 2,798.57 White Bear Lake 6 3.53% $ 53,850.00 $ 3,176.47 4,151 6.2494 $ 1,404.14 $ 4,580.61 White Bear Township 4 2.35% $ 35,900.00 $ 2,117.65 1,879 2.829 $ 635.60 $ 2,753.25 Subtotal -cities 170 100.00% $ 1,525,750.00 $ 90,000.00 66,516 100.00% $ 22,500.00 $ 112,500.00 ISD 282 -St Anthony -NB 2 1.18% $ - $ 352.94 1.10% $ 82.50 $ 435.44 ISD 621 -Mounds View 21 12.35% $ - $ 3,705.88 17.609/ $ 1,320.00 $ 5,025.88 ISD 622 -NSP -Maplewood 17 10.00% $ - $ 3,000.00 10.209 $ 765.00 $ 3,765.00 ISD 623 -Roseville 18 10.59% $ - $ 3,176.47 15.00% $ 1,125.00 $ 4,301.47 ISD 624- White Bear Lake 15 8.82% $ - $ 2,647.06 14.60% $ 1,095.00 $ 3,742.06 ISD 625 -St Paul 97 57.06% $ - $ 17,117.65 41.50% $ 3,112.50 $ 20,230.15 Subtotal- school districts 170 100.00% $ - $ 30,000.00 100.00% $ 7,500.00 $ 37,500.00 County total $ 120,000.00 $ 30,000.00 $ 150,000.00 Notes: 1. Assume the cost of one ballot counter, one ballot box and one ballot marking device= $8,975 per precinct 2. Number of absentees is average of ABs accepted in three previous state general elections 3. Assume annual operating costs= $150,000;80% are from precinct equipment, 20% from absentee equipment 4. Annual operating costs are shared by cities (75%) and school districts (25%) 5. The county will provide any equipment needed by Blaine 6. Spring Lake Park will use voting systems provided by Anoka County. 10/11/2013 2013 2014 Appendix D Preliminary Project Schedule (Dates are tentative) 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 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 electionjudges serving at the state primary Aug 12 State primary Joint Powers Agreement for New Voting System— 2013 Page 18 of 19 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 MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS WHEREAS, the City of Mounds View, pursuant to Minnesota Statute 412.141, has full authority over the financial affairs of the City and; WHEREAS, the City Council has reviewed the claim numbers: 17698 through 17708 in the amount of 133532 through 133604 in the amount of TOTAL AMOUNT OF CLAIMS PRESENTED And has found said claims to be just and correct; 81.17 $ 323 $ 378,222.16 It was moved that the City Council of Mounds View hereby approve the attached list of claims dated 10/29/2013 by the vote ayes nays. finance Director 10/15/2013 10:11 AM DIRECT PAYABLES CHECK REGISTER `� PAGE: 1 PACKET: 01132 PYRL 10/17/13 - 8 / VENDOR SET: 01 City of Mounds View BANK: PYBNK Western Bank CHECK CHECK CHECK CHECK VENDOR ------------------------------------------------------------------------------------------------------------------------------------ I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT A3035 AFLAC I-51020131017 RD103 AFLAC R 10/17/2013 93.27 017698 I-52020131017 RD103 AFLAC R 10/17/2013 9.97 017698 103.24 M1025 Madison National Life I-61020131017 #10805 LTD R 10/17/2013 680.61 017699 680.61 M6321 IMI Benefit Association I-60020131017 MNBF Ins R 10/17/2013 15.78 017700 15.78 M7152 IMI Child Support Payment Center I-99520131017 Case #0015244278 KIRK LEITCH R 10/17/2013 1,079.08 017701 1,079.08 M7156 MN Child Support Payment Center 1-99020131017 CASE #0015115497 BLAINE BACKES R 10/17/2013 321.64 017702 321.64 P9250 Public Employees Retirement Ass I-00120131017 PENA 643400 R 10/17/2013 9,201.38 017703 I-0022.0131017 PERP 643400 R 10/17/2013 13,533.67 017703 I-01020131017 DCP 643400 R 10/17/2013 147.50 017703 22,882.55 *VOID* 017704 VOID CHECK V 10/17/2013 017704 **VOID** *VOID* 017705 VOID CHECK V 10/17/2013 017705 **VOID** R0896 MN Child Support Payment Ctr. 1-99820131017 Case #14080268 DARRELL MEYER R 10/17/2013 331.37 017706 331.37 54107 Secure Benefits Systems Corp. I-50020131017 Flex Medical R 10/17/2013 233.15 017707 I-50320131017 Flex DayCare R 10/17/2013 187.00 017707 420.15 ** B A N K T O T A L S ** NODI DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 8 0.00 25,834.42 25,834.42 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 2 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 BANK TOTALS: 10 0.00 25,834.42 25,834.42 ++ B A N K T O T A L S •• NO# DISCOUNTS REGULAR CHECKS: 1 0.00 HANDWRITTEN CHECKS: 0 0.00 PRE -WRITE CHECKS: 0 0.00 DRAFTS: 0 0.00 VOID CHECKS: 0 0.00 NON CHECKS: 0 0.00 CORRECTIONS: 0 0.00 CHECK AMT TOTAL APPLIED 29,346.75 29,346.75 0.00 0.00 0.00 0.00 0.00 10/23/2013 9:53 AM 0.00 0.00 DIRECT PAYABLES CHECK REGISTER 0.00 0.00 PAGE: 1 PACKET: 01136 NOVEMBER HEALTH INS 2013 VENDOR SET: 01 City of Mounds View BANK: PYBNK Western Bank CHECK CHECK CHECK CHECK VENDOR ------------------------------------------------------------------------------------------------------------------------------ I.D. NAME TYPE DATE DISCOUNT AMOUNT NOid AMOUNT P7015 Preferred One I-132900367 Preferred One R 10/23/2013 10,208.66 017708 I-132900368 Preferred One R 10/23/2013 7,181.52 017708 I-132901916 Preferred One R 10/23/2013 2,333.36 017708 1-132901918 Preferred One R 10/23/2013 9,623.21 017708 29,346.75 ++ B A N K T O T A L S •• NO# DISCOUNTS REGULAR CHECKS: 1 0.00 HANDWRITTEN CHECKS: 0 0.00 PRE -WRITE CHECKS: 0 0.00 DRAFTS: 0 0.00 VOID CHECKS: 0 0.00 NON CHECKS: 0 0.00 CORRECTIONS: 0 0.00 CHECK AMT TOTAL APPLIED 29,346.75 29,346.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BANK TOTALS: 1 0.00 29,346.75 29,346.75 10/14/2013 10:11 AM DIRECT PAYABLES CHECK REGISTER r4 PAGE: 3 l 1 PACKET: 01131 Manual MBPTA 10-11-13 VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank - CHECK CHECK CHECK CHECK VENDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT ---- M0255 M.B.P.T.A. 1-201310144333 Annual Fall Education Seminar R 10/14/2013 75.00 133532 75.00 ** B A N K T O T A L S ** NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 1 0.00 75.00 75.00 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 BANK TOTALS: 1 0.00 75.00 75.00 10-24-2013 10:24 AM C O U N C I L R E P O R T //Y�, PAGE: 1 DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION 4/{ AMOUNT Advisory Commissions GENERAL FUND Timesaver Off Site Secretarial, Inc. 10/14/13 10/2 Planning Comm. Mtg 129.00 Irrigation Supply, Inc. 10/09/13 Poly Coup, OET Clamp Certified Laboratories TOTAL: 129.00 Steve Dazenski City Administrator GENERAL FUND League of Minnesota Cities 9/25/13 11/20/13 Regional Mtg 40.00 10/02/13 Uniforms & Clothing Sprint 10/18/13 Wireless City Admin 59.03 10/09/13 Uniforms & Clothing TOTAL: 99.03 10/09/13 Finance GENERAL FUND Matt Parrott/Storey Kenworthy 10/16/13 Year End Forms 125.40 TOTAL: 125.40 Central Services GENERAL FUND Best Buy Business Advantage Account 10/08/13 USB 37.49 Neofunds by Neopost 10/01/13 Postage 2,000.00 Office Depot 10/13/13 Drum 84.63 Ricoh USA, Inc. 10/14/13 Copy Machine, City Hall 1,055.93 S & T Office Products, Inc. 10/14/13 Office Supplies 97.93 10/17/13 Comm Development Supplies 50.21 Star Tribune 10/13/13 13 Weeks Subscription 39.65 Surplus Services 10/08/13 2 Five Drawer File 700.00 TOTAL: 4,065.84 Community Development GENERAL FUND International Code Council, Inc. 10/16/13 Membership Fee #0397100 125.00 Print Central 10/15/13 Flyers, Home & Garden Show 181.07 Verizon Wireless 10/10/13 Comm Development Wireless 66.06 10/10/13 Enforcement code Card 40.01 TOTAL: 412.14 Police GENERAL FUND All Safe, Inc. 10/07/13 PD Extinguishers 161.61 Anoka County Sheriff's Office 10/10/13 First Aid Essential - Tim 60.00 Kathy Bednar 10/24/13 Uniform Allowance-K.Bednar 279.05 Peter Berling 10/14/13 Pete Berlins 159.16 Keith Demarest 9/25/13 Keith Demarest 24.78 Nicholas Erickson 9/25/13 Seminar Expenses -N. Ericks 100.00 9/25/13 Seminar Expenses -N. Ericks 50.00 Holiday 10/18/13 Fuel 2,620.58 League of Minnesota Cities Ins. Trust 10/03/13 C0024448 David Anderson 4,246.20 MN Safety Council 10/15/13 Keith Demarest 13.18 Multicare Associates of the Twin Citie 10/01/13 J. Stoffel, G. Randolph 552.00 Positive ID, Inc. 10/08/13 ID Cards G. Randolph J Ste 46.20 Ramsey County 10/22/13 October Fleet Support 115.44 Ray Allen Manufacturing, LLC 8/12/13 K-9 Supplies/Equipment 181.98 10/08/13 Trial Jacket W/ 2 Sleeves 36.99- . Verizon Wireless 10/10/13 PD Wireless 253.55 TOTAL: 8,826.74 Recreation Park Maintenance GENERAL FUND Clean Tech 10/15/13'Comm Ctr Cleaning 469.18 TOTAL: 469.18 GENERAL FUND Action Radio & Communications, Inc. 10/04/13 Radio Mobile Central Turf & Irrigation Supply, Inc. 10/09/13 Poly Coup, OET Clamp Certified Laboratories 10/04/13 Ice Pellets Steve Dazenski 9/25/13 Sweat Shirt Clothing Allow G & K Services - St. Paul 10/02/13 Uniforms & Clothing 10/02/13 Mats & Towels 10/09/13 Uniforms & Clothing 10/09/13 Mats & Towels 10/16/13 Uniforms & Clothing 723.14 30.89 73.85,.. 35.00 6.78 8.65 6.78 5.31 6.78 10-24-2013 10:24 AM C 0 U N C I L R E P O R T PAGE: 2 DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT Public Works Admin GENERAL FUND Bldg/Grnds Maintenance GENERAL FUND Corporate Connection 9/25/13 T -Shirts & Logo MN Occupational Health 9/30/13 Seminar 9/26 Don Peterson Verizon Wireless 10/10/13 Verizon Wireless TOTAL: Action Radio & Communications, Inc. 10/16/13 Mats & Towels M.T.I. Distributing, Inc. 10/01/13 Supplies Menards 10/04/13 Extention Cords City of Mounds View 10/18/13 City Hall Irrigation G & X Services - St. Paul 10/18/13 Greenfield Park 10/18/13 Silver View Park Irrigatio 10/18/13 5100 Long Lake Rd. 10/18/13 Hillview Park 10/18/13 Groveland Park 10/16/13 Random Park Menards 10/18/13 Silver View Park 10/18/13 Oakwood Park Verizon Wireless 10/10/13 Verizon Wireless Yocum 011 Company, Inc. 10/03/13 Yocum Oil Company, Inc. - 10/18/13 TOTAL: Corporate Connection 9/25/13 T -Shirts & Logo MN Occupational Health 9/30/13 Seminar 9/26 Don Peterson Verizon Wireless 10/10/13 Verizon Wireless TOTAL: Action Radio & Communications, Inc. 10/04/13 Radio Mobile Beisswenger's Do It Best 10/04/13 CH.Faucet Repair Clean Tech 10/15/13 City Hall Cleaning Certified Laboratories 10/04/13 Ice Pellets G & X Services - St. Paul 10/02/13 Uniforms & Clothing 10/02/13 Mats & Towels 10/09/13 Uniforms & Clothing 10/09/13 Mats & Towels 10/16/13 Uniforms & Clothing 10/16/13 Mats & Towels Menards 10/04/13 Electric Water Heater 10/04/13 Extention Cords City of Mounds View 10/18/13 Shop Fill Station 10/18/13 City Hall Building - 10/18/13 Shop Wash Bay 10/18/13 Shop Building Verizon Wireless 10/10/13 Verizon Wireless Walters Recycling & Refuse Inc. 10/10/13 PW Bldg, CH TOTAL: Veh/Equip Maintenance GENERAL FUND Action Radio & Communications, Inc. Allstate Peterbilt North Arden Hills Tire & Service Beisswenger's Do It Best Certified Laboratories Factory Motor Parts Cc F1eetPrido G & K Services - St. Paul 10/04/13 Radio Mobile 8/26/13 PD #085 Ford Pad 8/26/13 PD #085 Ford Rotor 9/30/13 PD #113 Tires 10/10/13 PW #145 Car Hyd Pump 10/11/13 Antioxidant 10/04/13 Ice Pellets 10/04/13 PW #137 Air Prmyrs 10/08/13 Stock Gas Filter 10/07/13 Stock Air Cleaner 10/08/13 Stock, Filters 10/09/13 PD #131 Front Rotor 10/07/13 PW #137 Flex Tubing, Joint 10/02/13 Uniforms & Clothing 10/02/13 Mats & Towels 11.57 68.97 27.56 453.79 1,099.60 869.70 552.02 5.39 3.49 16.79 12.99 1,319.55 110.78 786.67 6,236.05 154.21 91.00 52.40 297.61 90.93 4.26 1,272.88 9.29 1.69 2.16 1.69 1.33 1.69 2.89 190.75 3.47 239.09 68.09 14.89 87.09 9.29 537.50 2,538.98 216.51 45.96 261.59 538.95 3.52 4.38 22.11 48.79 49.70 28.73 78.29 114.81 53.71 4.07 5.19 10-24-2013 10:24 AM C O U N C I L R E P O R T PAGE: 3 DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT Snow & Ice Control GENERAL FUND Street Sign Maintenanc GENERAL FUND Convention/Visitor But GENERAL FUND Action Radio & Communications, Inc. Certified Laboratories G & K Services - St. Paul H & L Mesabi Menards Verizon Wireless Yocum Oil Company, Inc Action Radio & Communications, Inc Certified Laboratories G & K Services - St. Paul Menards Verizon Wireless City of Blaine Police Forfeiture Martin John Lindquist 10/04/13 Radio Mobile 10/04/13 Ice Pellets 10/02/13 Uniforms & Clothing 10/02/13 Mats & Towels 10/09/13 Uniforms & Clothing 10/09/13 Mats & Towels 10/16/13 Uniforms & Clothing 10/16/13 Mats & Towels 10/08/13 Plow Bolt 10/04/13 Extention Cords 10/10/13 Verizon Wireless 10/03/13 Yocum Oil Company, Inc TOTAL: 10/04/13 Radio Mobile 10/04/13 Ice Pellets 10/02/13 Uniforms & Clothing 10/02/13 Mats & Towels 10/09/13 Uniforms & Clothing 10/09/13 Mats & Towels 10/16/13 Uniforms & Clothing 10/16/13 Mats & Towels 10/04/13 Extention Cords 10/10/13 Verizon Wireless TOTAL: 10/06/13 Sept Hotel Tax Days Inn 9/30/13 Sept Hotel Tax AmericInn TOTAL: 10/14/13 Dismissal of Forfeited Mon 4.07 3.19 4.07 6.94 8.25 11.19 276.34 21.89 1,812.25 463.33 47.32 316.25- 6.78 8.65 6.78 5.31 6.78 11.57 17.66 90.48 150.00 57.71 556.12 398.38 40.69 7.46 9.51 7.46 5.84 7.46 12.73 77.67 15.18 42.45 786.67 1,411.50 142.90 14.59 2.71 3.46 2.71 2.13 2.71 4.63 5.45 14.59 195.88 2,314.44 2,498.71 4,813.15 1,110.00 10/09/13 Uniforms & Clothing 10/09/13 Mats & Towels 10/16/13 Uniforms & Clothing 10/16/13 Mats & Towels Menards 10/04/13 Extention Cords Midway Ford Company 9/06/13 PD #084 10/04/13 PD #113 Wheel Assy, Kit Verizon Wireless 10/10/13 Verizon Wireless TOTAL: Street Pavement Mgmt GENERAL FUND Action Radio & Communications, Inc. 10/04/13 Radio Mobile Certified Laboratories 10/04/13 Ice Pellets Commercial Asphalt Co. 8/15/13 Returned Dura Drive G & K Services - St. Paul 10/02/13 Uniforms & Clothing 10/02/13 Mats & Towels 10/09/13 Uniforms & Clothing 10/09/13 Mats & Towels 10/16/13 Uniforms & Clothing 10/16/13 Mats & Towels Menards 10/04/13 Extention Cords Midwest Asphalt Corporation 10/01/13 Dump Asphalt University of Minnesota -CCE Informatio 10/14/13 Don Peterson Verizon Wireless 10/10/13 Verizon Wireless TOTAL: Snow & Ice Control GENERAL FUND Street Sign Maintenanc GENERAL FUND Convention/Visitor But GENERAL FUND Action Radio & Communications, Inc. Certified Laboratories G & K Services - St. Paul H & L Mesabi Menards Verizon Wireless Yocum Oil Company, Inc Action Radio & Communications, Inc Certified Laboratories G & K Services - St. Paul Menards Verizon Wireless City of Blaine Police Forfeiture Martin John Lindquist 10/04/13 Radio Mobile 10/04/13 Ice Pellets 10/02/13 Uniforms & Clothing 10/02/13 Mats & Towels 10/09/13 Uniforms & Clothing 10/09/13 Mats & Towels 10/16/13 Uniforms & Clothing 10/16/13 Mats & Towels 10/08/13 Plow Bolt 10/04/13 Extention Cords 10/10/13 Verizon Wireless 10/03/13 Yocum Oil Company, Inc TOTAL: 10/04/13 Radio Mobile 10/04/13 Ice Pellets 10/02/13 Uniforms & Clothing 10/02/13 Mats & Towels 10/09/13 Uniforms & Clothing 10/09/13 Mats & Towels 10/16/13 Uniforms & Clothing 10/16/13 Mats & Towels 10/04/13 Extention Cords 10/10/13 Verizon Wireless TOTAL: 10/06/13 Sept Hotel Tax Days Inn 9/30/13 Sept Hotel Tax AmericInn TOTAL: 10/14/13 Dismissal of Forfeited Mon 4.07 3.19 4.07 6.94 8.25 11.19 276.34 21.89 1,812.25 463.33 47.32 316.25- 6.78 8.65 6.78 5.31 6.78 11.57 17.66 90.48 150.00 57.71 556.12 398.38 40.69 7.46 9.51 7.46 5.84 7.46 12.73 77.67 15.18 42.45 786.67 1,411.50 142.90 14.59 2.71 3.46 2.71 2.13 2.71 4.63 5.45 14.59 195.88 2,314.44 2,498.71 4,813.15 1,110.00 10-24-2013 10:24 AM C O U N C I L R E P O R T PAGE: 4 DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT Recreation Banquet Center Recreation Recycling Community Center 0 Action Radio & Communications, Inc. Certified Laboratories G & K Services - St. Paul Menards Midwest Concrete Specialties, Inc City of Mounds View Muska Electric Company Verizon Wireless Voss Lighting Waiters Recycling & Refuse Inc. Community Center 0 Broadway Rental Equipment Co. Ramsey County Lakeside Park City of Mounds View Recycling Grant Advanced Disposal Services Community Development Special Projects L.H.B. Paragon Solutions Group, Inc Street Pavement Mgmt Street Improvement Braun Intertec Corporation Northwest Asphalt, Inc. Utility Distribution Water Action Radio & Communications, Inc. Beisswenger's Do It Best Certified Laboratories Commercial Asphalt Co. Ferguson Waterworks -#2516 G & K Services - St. Paul Menards Midway Ford Company City of Mounds View Muska Electric Company Northwest Asphalt, Inc. TOTAL: 10/04/13 Radio Mobile 10/04/13 Ice Pellets 10/02/13 Uniforms & Clothing 10/02/13 Mats & Towels 10/09/13 Uniforms & Clothing 10/09/13 Mats & Towels 10/16/13 Uniforms & Clothing 10/16/13 Mats & Towels 10/04/13 Extention Cords 10/11/13 Curb/Sidewalk Repair 10/18/13 5394 Edgewood Drive 10/04/13 Misc Wiring & Repairs Comm 10/10/13 Verizon Wireless 10/04/13 Voss Lighting 10/10/13 Comm Ctr TOTAL: 1, Iiu.vu 272.80 27.86 5.08 6.49 5.08 3.98 5.08 8.68 10.40 4,512.11 2,858.95 1,226.74 27.86 260.78 247.50 9,479.39 5/20/13 Dehumidifier 897.76 10/28/13 2014 Food Establishment L1 503.00 TOTAL: 1,400.76 10/18/13 Lakeside Park 9/30/13 Fall Clean Up 1,147.67 TOTAL: 1,147.67 2,023.00 TOTAL: 2,023.00 10/14/13 Retro Commissioning 2,756.00 10/18/13 Dome Network Camera 3,142.13 TOTAL: 5,898.13 10/10/13 Const Materials Testing At 7,506.00 10/21/13 2013 Street/Utility Area F 155,675.54 TOTAL: 163,181.54 10/04/13 Radio Mobile 10/14/13 Sealant, Tape 10/04/13 Ice Pellets 9/30/13 Dura Drive 10/01/13 Marker Flags 10/02/13 Uniforms & Clothing 10/02/13 Mats & Towels 10/09/13 Uniforms & Clothing 10/09/13 Mats & Towels 10/16/13 Uniforms & Clothing 10/16/13 Mats & Towels 10/04/13 Extention Cords 10/07/13 Booster Station Cleaning S 9/11/13 PW 4704 Seat Belt -Returned 10/18/13 Well #2 Irrigation 10/18/13 Booster Station Irrigation 10/18/1.3 7545 Groveland Road 10/04/13 Replace Wire on Well Pump 9/30/13 Replace Hydrant 2349 Oakwo 814.07 16.08 83.14 620.14 299.25 12.88 16.43 12.88 10.09 12.88 21.98 31.02 103.62 77.33- 128.89 5,526.09 386.91 3,579.31 15,498.02 10-24-2013 10:24 AM C O U N C I L R E P O R T PAGE: 5 DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT Water Production Water Utility Distrbution Wastewater Surface Water Surface Water Street Cleaning Surface Water Dave Perkins Contracting, Inc. 9/30/13 2523 Woodcrest Drive 3,762.00 Ramsey County 10/22/13 October Fleet Support Fee 15.60 Verizon Wireless 10/10/13 Verizon Wireless 157.87 TOTAL: 31,031.82 Instrumental Research, Inc. 10/03/13 Water Testing 80.00 TOTAL: 80.00 Action Radio & Communications, Inc. 10/04/13 Radio Mobile 814.07 Certified Laboratories 10/04/13 Ice Pellets 83.14 G & K Services - St. Paul 10/02/13 Uniforms & Clothing 12.88 10/02/13 Mats & Towels 16.43 10/09/13 Uniforms & Clothing 12.88 10/09/13 Mats & Towels 10.09 10/16/13 Uniforms & Clothing 12.88 10/16/13 Mats & Towels 21.98 Menards 10/04/13 Extention Cords 31.02 Metro Council Environmental Service 10/03/13 Nov. 2013 Wastewater Servi 68,022.21 Team Laboratory Chemical Corp. 9/30/13 Grease Control - Lift Stat 3,585.66 Verizon Wireless 10/10/13 Verizon Wireless 118.74 Yocum Oil Company, Inc. 10/03/13 Yocum Oil Company, Inc. 786.67 TOTAL: 73,528.65 Action Radio & Communications, Inc. 10/04/13 Radio Mobile 342.08 Certified Laboratories 10/04/13 Ice Pellets 34.94 G & K Services - St. Paul 10/02/13 Uniforms & Clothing 6.44 10/02/13 Mats & Towels 8.21 10/09/13 Uniforms & Clothing 6.44 10/09/13 Mats & Towels 5.05 10/16/13 Uniforms & Clothing 6.44 10/16/13 Mats & Towels 10.99 League of Minnesota Cities 9/01/13 Coalition 760.00 Menards 10/04/13 Extention Cords 13.04 Verizon Wireless 10/10/13 Verizon Wireless 49.76 TOTAL: 1,243.39 Action Radio & Communications, Inc. 10/04/13 Radio Mobile 51.97 Certified Laboratories 10/04/13 Ice Pellets 5.30 G & K Services - St. Paul 10/02/13 Uniforms & Clothing 1.01 10/02/13 Mats & Towels 1.29 10/09/13 Uniforms & Clothing 1.01 10/09/13 Mats & Towels 0.81 10/16/13 Uniforms & Clothing 1.01 10/16/13 Mats & Towels 1.75 Menards 10/04/13 Extention Cords 1.95 Yocum 011 Company, Inc. 10/03/13 Yocum Oil Company, Inc. 786.67 TOTAL: 852.77 10-24-2013 10:24 AM C 0 U N C I L R E P O R T PAGE: 6 DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT ------ ====_=="= FUND TOTALS =___-- 100 GENERAL FUND 31,988.87 225 Forfeiture 1,110.00 252 Community Center Oper. 10,880.15 255 Lakeside Park 1,147.67 290 Recycling Grant 2,023.00 480 Special Projects 5,898.13 485 Street Improvements 163,181.54 700 Water 31,111.82 730 Wastewater 73,528.65 745 Surface Water 2,096.16 GRAND TOTAL: 322,965.99 TOTAL PAGES: 6 _ Item No. 11.6.1. MOUND = VIEw Meeting Date: October 28, 2013 1J- - --- Type of Business: Reports Administrator Review: -,� City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Financial Report for the Quarter Ended September 30, 2013 Attached is the September 30, 2013 Interim Financial Report. I have also attached our current investment inventory summary. FINANCIAL REPORTS General Fund: The City received Local Government Aid of $116,039 in July and should receive the 2nd half distribution in December. The second half tax settlement will be paid in 2 payments, one during the third week of November and the second during the I" week of December. This is about 48% of our tax revenues for the year. Interest revenue and transfers in and out are recorded at the end of the year. Franchise taxes will end the year below projections due to continued lower commodity prices and slow economic activity. Permit revenues are modestly higher than 2012 and Fines and Forfeitures should exceed budgeted amounts for the year. A larger percentage of the City's revenues are received in the second half of the year as taxes are collected in the fourth quarter and aids and credits are received in the 2nd half of the year. Most operating department expenditures are below budget expectations. The Fire department budget is paid over 8 months so the only expenditure remaining is dispatching charges from Anoka County for the year and SBM Fire charges for the fire marshal services. Recreation is above budget due to all contract payments having been made with no additional expenditures anticipated for the remainder of the year. Other Funds: Community Center operations show a year-to-date deficit of $140,530. A transfer of $170,000 from the General Fund is budgeted for 2013. Recreation profit from the YMCA will be received in the 0 quarter. All contract management payments to the YMCA have been made. Banquet Center revenues are $70,230 thru the 3`d quarter of 2013 compared with $71,500 for the same period in 2012. Expenditures are down for the banquet center due to fewer repairs. Community Center operations will be close to break-even when the General Fund transfer is included. The four utility funds are operating under budget. Water fund revenue is similar to 2012. The rate study in the five year financial plan indicates the need for a dime increase in water rates for 2014 or about $8 annually. The water line repair insurance will need to increase from $4.50 to $6 per quarter an increase of $6 annually. The Sanitary Sewer proposed increase for 2014 is 5% or about $13 annually. The Street Light fund will have a proposed $.25 per quarter increase or $1 annually. The Storm Water fund indicates no increase for 2013. Total utility increases for the average home are $28 annually or $7 per quarter for all utility charges. The need for rate increases will start to abate over the next few years as we catch up on deferred maintenance. Investments: The City will continue to experience lower investment income as a result of lower rates most likely through 2014 and into 2015. Bond rates did spike in the 3`d quarter by as much as 130 —140 basis points but have settled 30 — 40 basis points recently and are still 100 basis points higher than the 2nd quarter. Investment income for 2013 is $208,118 compared with $325,174 for the same period in 2012. Our portfolio for September 30, 2013 was $25,852,682 compared with $28,533,657 for 2012. 1 have attached the September 301h investment inventory summary. Treasury Securities 2013 2012 2 year .37 .27 5 year 1.41 .69 10 year 2.64 1.68 Jumbo Cert. of Dep. 1 year .35 .25 The Federal Open Market Committee (FOMC) has maintained the current discount rate at 0% to .25%. There will be a new Federal Reserve Chair in 2014 and speculation is that the FOMC will continue to be accommodative. (Continue low rates and stimulative actions) They have indicated that they will keep rates low into 2015. Credit continues to be tight and is still a concern for small businesses. There is some concern regarding the federal budget and debt ceiling. The Federal Reserve is currently buying approximately 85 billion in government bonds and mortgages per month until economic numbers improve. State unemployment as of August 31 st was 5.1 % state-wide compared to national unemployment of 7.2%. Ramsey County unemployment stands at 5.0%. Economists see the national number declining slightly in 2014 and into 2015. The State number has been about 2% below the national rate. The job market continues to lag as uncertainty at the federal level continues to hinder business investment and growth. The spike in interest rates has slowed the mortgage and refi market Finance Department Operations — 4th quarter: Finance staff will be busy during the fourth quarter finalizing the 2014 budget which will culminate with a truth -in -taxation hearing in November and adoption of the 2014 budget and tax levy in December. Delinquent utility bills, administrative offense fines, diseased tree charges and unpaid property charges were presented to the Council for certification and will be sent to the County at the end of November. Staff is currently working on our insurance policy renewal and we will begin preparations for the annual financial audit. Respectfully Submitted, Mark Beer, Finance w ector OA iR C U U E c E c c c O Q C C N O C m w E $ m m Q m o o m m w p N Z O pJ Y ^2E U Op A U C N 0 C O vE 0Z`Ec�N� Z.�a. U gQ�c,_L°Ev vein ��W m3w>� �.v o'S vH rn� v o v c y cvoo�vmo=�v� c �UQU W ILL UUQti 2'�.LL dQl�fn fn VlU� 0 O LL v N 0 G p rN. Y O E N C c` -°w Ea v j -gyp Fv- v W E�i i.0 0 0 0� W v d= m m m m N Q O O O NN LL LL_ LL_ U� W W UJKFFFFd>(/l fnU�NN�/Jd 00 SOON X000000 00 i0 X0000 Y1 O N N N N N N N V V V V V V 0 4 n r n r n W CITY OF MOUNDS VIEW Steve Paddock, Wells Fargo Advisors; 612-332-1212, (formerly Prudential/Wachovia) 5050000000531 873 FHLB INVESTMENT INVENTORY SEPTEMBER, 2013 Inv. 10/18/2022 3,681 125,000.00 125,000.00 96,000.00 No. Type Rate Purch Mature Term Call Cost Par Bank John Styrbicki, RBC Dain Rauscher; 612-371-7845, 1101-2194-5412 3133812T1 883 810 CD 1.350% 09/29/2011 10/06/2014 1,103 48,000.00 48,000.00 811 CD 1.400% 09/29/2011 10/06/2014 1,103 152,000.00 152,000.00 884 FHLB 2.000% 01/30/2013 01/30/2023 3,652 1,000,000.00 1,000,000.00 893 FHLB 1.000% 03/28/2013 03/28/2023 3,652 300,000.00 300,000.00 901 FHLB 2.000% 04/30/2013 04/28/2023 3,650 500,000.00 500,000.00 903 FHLB 1.320% 04/25/2013 04/25/2023 3,652 500,000.00 500,000.00 904 FHLB 0.800% 06/19/2013 06/19/2023 3,652 500,000.00 500,000.00 911 FHLB 1.000% 06/20/2013 06/20/2023 3,652 750,000.00 750,000.00 313381Y74 891 FHLB 1.000% 3,750,000.00 3,750,000.00 Steve Paddock, Wells Fargo Advisors; 612-332-1212, (formerly Prudential/Wachovia) 5050000000531 873 FHLB 1.000% 09/19/2012 10/18/2022 3,681 125,000.00 125,000.00 96,000.00 313380749 877 FHLB 1.000% 10/24/2012 11/15/2022 3,674 135,000.00 135,000.00 3133812T1 883 FHLB 1.000% 12/20/2012 12/28/2022 3,660 1,490,000.00 1,490,000.00 249,000.00 313381LR4 885 FHLB 1.000% 01/30/2013 01/30/2023 3,652 470,000.00 470,000.00 735 313381Q65 886 FHLB 1.125% 02/08/2013 02/08/2023 3,652 1,000,000.00 1,000,000.00 05/23/2014 313381Y74 889 FHLB 1.000% 02/04/2013 12/28/2022 3,614 370,000.00 370,000.00 06/27/2012 313381LR4 890 FHLB 1.125% 02/08/2013 02/08/2023 3,652 1,000,000.00 1,000,000.00 1.100% 313381Y74 891 FHLB 1.000% 02/14/2013 02/14/2023 3,652 1,000,000.00 1,000,000.00 CD 313381XK6 892 FHLB 1.750% 02/22/2013 02/22/2023 3,652 250,000.00 250,000.00 881 3133823C5 894 FHLB 1.125% 03/28/2013 03/28/2023 3,652 300,000.00 300,000.00 87164DBW9 313382FC2 902 FHLB 1.000% 04/22/2013 05/16/2014 389 1,645,000.00 1,645,000.00 313382V83 905 FHLB 1.250% 05/01/2013 05/08/2023 3,659 1,000,000.00 1,000,000.00 500,000.00 313382UX9 909 FHLB 1.125% 06/20/2013 06/20/2023 3,652 1,600,000.00 1,600,000.00 313383FJ5 910 FHLB 1.000% 06/27/2013 06/27/2023 3,652 2,070,000.00 2,070,000.00 400,000.00 313383KU4 912 FHLB 2.000% 08/08/2013 08/08/2023 3,652 400,000.00 400,000.00 2,854 313383QZ7 12, 855,000.00 12,855, 000.00 Nick Nerland, Morgan Stanley; 651-215-8421 (Formerly Citi/SSB); 2340006010667 620 CD 4.750% 12/11/2008 12/17/2013 1,832 96,000.00 96,000.00 Goldman Sach 838 CD 1.000% 01/10/2012 12/23/2013 713 247,008.00 247,008.00 856 CD 0.500% 05/14/2012 11/22/2013 557 249,000.00 249,000.00 25811LU49 857 CD 0.750% 05/14/2012 05/19/2014 735 249,000.00 249,000.00 36157QCS4 858 CD 0.750% 05/14/2012 05/23/2014 739 249,000.00 249,000.00 02005QF40 865 CD 2.100% 06/27/2012 07/05/2019 2,564 199,000.00 199,000.00 17284A2A5 869 CD 1.100% 07/31/2012 08/10/2015 1,105 248,000.00 248,000.00 795450NT8 870 CD 1.250% 07/31/2012 08/09/2016 1,470 248,000.00 248,000.00 02587DKT4 881 CD 0.595% 11/29/2012 11/29/2013 365 249,000.00 249,000.00 87164DBW9 882 CD 0.300% 11/29/2012 12/06/2013 372 249,000.00 249,000.00 8595315V3 887 CD 1.500% 01/16/2013 07/17/2013 182 500,000.00 500,000.00 313381ST3 888 CD 1.000% 01/16/2013 04/30/2013 104 500,000.00 500,000.00 313381X26 895 FNMA 0.500% 03/06/2013 08/28/2017 1,636 400,000.00 400,000.00 3136GoWT4 896 FHLB 0.500% 03/06/2013 12/28/2020 2,854 600,000.00 600,000.00 313381L52 897 FHLB 1.000% 03/19/2013 03/27/2023 3,660 1,500,000.00 1,500,000.00 313382LSO 900 CD 0.400% 03/06/2013 03/13/2014 372 249,000.00 249,000.00 316777HU8 906 CD 0.200% 05/22/2013 02/26/2014 280 249,000.00 249,000.00 07370VL55 907 CD 0.300% 05/22/2013 05/29/2014 372 249,000.00 249,000.00 254671PQ7 908 CD 0.300% 05/22/2013 05/30/2014 373 249,000.00 249,000.00 06251AZFO 913 CD 0.350% 08/06/2013 08/08/2014 367 249,000.00 249,000.00 36161TQA6 914 CD 0.400% 08/06/2013 08/13/2014 372 249,000.00 249,000.00 0606242E2 915 CD 0.450% 09/05/2013 09/10/2014 370 248,000.00 248,000.00 06278CEE1 916 CD 0.500% 09/17/2013 09/23/2014 371 248,000.00 248,000.00 856284P57 917 CD 1.150% 09/24/2013 09/30/2016 1,102 248,000.00 248,000.00 05568P51-7 8,021,008.00 8,021,008.00 24,626,008.00 24,626,008 H A R T E R E D 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402-1458 (612) 337-9300 telephone (612) 337-9310 fax http://ivww.kennedy-graven.com AfPimmtive Action, Equal opportunity Employer SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: srieesla�kennedy-graven com MEMORANDUM Date: October 24, 2013 To: James Ericson, City Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report CITY: MU125-11: Administration. General discussions with staff regarding various City matters. Review proposed Election Joint Powers Agreement. Review proposed CAD Joint Powers Agreement. Review and respond to excess property question. Consult with City staff regarding same. Matters are presently pending. MU125-47: Zoning Matters. Consult with City staff regarding fence/grading permit issue. Legal research regarding matter. Matter is presently pending. MU210-54: City Code Updates. Work on updating City Code. Consult with City staff regarding same. Matter is presently pending. MU210-189: Coventry Senior Living Project. Review additional items necessary to finalize and record the plat. Revise instruction letter to title company. Review Development Agreement. Matter is presently pending. W210-202: Health Care Facility Revenue Bonds (Apple Tree Dental). Proceeding towards closing on the issuance of tax exempt 501(c)(3) conduit revenue bonds for Apple Tree Dental Clinic. Draft and review documents. Pre-closing occurred October 14, 2013. Funding/closing is scheduled for October 16, 2013. Matter is presently pending. 433483 SJR MU125-11 James Ericson October 24, 2013 Page 2 MU210-208: Parcel Acquisition. The closing on the purchase of this property occurred on July 23, 2013. Follow-up on post -closing issues. Matter is presently pending. W210-210: Legal Claim Regarding Brooke Bass. Review Notice and consult with City staff regarding same. Matter has been tendered to the League of Minnesota Cities Insurance Trust. Matter is presently pending. MU210-211: Legal Claim Regarding Johanna Beth McDonough. Review Notice and consult with City staff regarding same. Matter has been tendered to the League of Minnesota Cities Insurance Trust. Review Complaint. Matter is presently pending. MU210-212: Legal Claim Regarding Samantha Orduno. Review Notice and consult with City staff regarding same. Matter has been tendered to the League of Minnesota Cities Insurance Trust. Matter is presently pending. MU210-213: Property Acquisition: 2394 County Road 10. Matter has closed. Follow-up on post -closing issues. Matter is presently pending. MU210-214: Legal Claim Regarding Ashley Arcaro; aka Ashley Trainer. Review Notice and consult with City staff regarding same. Matter has been tendered to the League of Minnesota Cities Insurance Trust. Matter is presently pending. MU210-215: Legal Claim Regarding Amy Elizabeth Krekelberg. Review Notice and consult with City staff regarding same. Matter has been tendered to the League of Minnesota Cities Insurance Trust. Matter is presently pending. MU210-216: Legal Claim Regarding Jessica Kampschroer, flea Jessica Miles. Review Notice and consult with City staff regarding same. Matter has been tendered to the League of Minnesota Cities Insurance Trust. Matter is presently pending. MU210-217: Legal Claim Regarding Natalie Nyhus, aka Natalie Kane. Review Notice and consult with City staff regarding same. Matter has been tendered to the League of Minnesota Cities Insurance Trust. Matter is presently pending. MU210-218: Legal Claim Regarding Charles Lee Storlie. Review Notice and consult with City staff regarding same. Matter has been tendered to the League of Minnesota Cities Insurance Trust. Matter is presently pending. MU210-219: Legal Claim Regarding Eryn Smith. Review Notice and consult with City staff regarding same. Matter has been tendered to the League of Minnesota Cities Insurance Trust. Matter is presently pending. 433483 SJR MU125-11 James Ericson October 24, 2013 Page 3 MU210-220: DVS Investigation. Consult with City staff regarding matter. Assist with investigation matters. Attend meeting with City Council. Matter is presently pending. MU210-221: LMCIT/DVS General. Attend Closed Meeting with City Council. Consult with City staff and LMCIT attorney. Matter is presently pending. MU210-222: TCU Bonds (BHS Fridley TCU). Consult with City staff regarding North Suburban Hospital District financing. Prepare documents for public hearing'and approval, etc. Matter is presently pending. MU210-223: Minor Subdivision: 3032 County Road J. Review minor subdivision materials, title work, etc. Consult with City staff regarding matter. Matter is presently pending. MU210-224: Tires N More. Consult with City staff regarding matter. Matter is presently pending. SJR:jms 433483 SJRMU125-11