HomeMy WebLinkAboutAgenda Packets - 2013/02/11CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, February 11, 2013
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
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.
6. SPECIAL ORDER OF BUSINESS
A. Dialogue with Ramsey County Commissioner Blake Huffman
B. Presentation by Jerry Hromotka, President and CEO of Northwest Youth and Family
Services
7. COUNCIL BUSINESS
A. Second Reading and Adoption of Ordinance 878, an Ordinance Amending Section
4.02, Subd. 1, of the Mounds View City Charter Pertaining to "Filing for Office"
(ROLL CALL VOTE)
B. Second Reading and Adoption of Ordinance 875, an Ordinance Approving a
Franchise Agreement with Xcel Energy for Natural Gas Operations in Mounds View
(ROLL CALL VOTE)
C. Second Reading and Adoption of Ordinance 876, an Ordinance Approving a
Franchise Agreement with Xcel Energy for Electric Operations in Mounds View
(ROLL CALL VOTE)
D. Resolution 8059, Supporting Twin Cities Habitat for Humanity — Community
Development Housing Organization's Application for HOME Funds
E. Resolution 8060, Approving the 2013 Public Works and Parks Seasonal Positions
8. CONSENT AGENDA
A. Resolution 8061, Amending the 2013 Budget to Include Expenditures for Building
Automation System Improvements at the Community Center
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES - NONE
City Council Agenda
Monday, February 11, 2013
Page 2
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Next Council Work Session:
Next Council Meeting:
13. ADJOURNMENT
Monday, March 4, 2013, at 7pm
Monday, February 25, 2013, at 7pm
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MOU1�ms VfE—v
of Mounds View Staff Re
Item No: 07A
Meeting Date: Feb 11, 2013
Type of Business: CB
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Second Reading and Adoption of Ordinance 878, an
Ordinance Amending Section 4.02, Subd. 1, of the Mounds
View City Charter, Pertaining to Filing for Office
Introduction:
Last year staff alerted the Charter Commission that the language in Section 4.02 of the
City Charter was no longer consistent with MN Statutes regarding the time frame for filing
for public office. Staff requested the Charter Commission review the section in question
and prepare an amendment to resolve the inconsistency.
Discussion:
The Charter Commission reviewed and considered a proposed amendment to Section 4.02
at their meeting on January 9, 2013. After some discussion, the Commission approved the
attached Resolution 2013-02. The amended language is easier to understand and will
remain consistent with MN Statutes even if the specific requirements may change again in
the future.
The City Council considered the proposed language change at their meeting on January
28, 2013. Agreeing with the Charter Commission's recommendation, the City Council held
a public hearing and approved the first reading of Ordinance 878.
Recommendation:
Charter Commission and City staff recommends approval of the second reading and
adoption of Ordinance 878. The changes will be effective 90 days after publication in the
official City newspaper.
Respectfully submitted,
James Ericson
City Administrator
Attachments:
1. Charter Commission Resolution 2013-02
2. Ordinance 878
%i�Iou<
AS
m
Charter
Commission
Chair
Jonathan J Thomas
763-784-5205
Vice Chair
Jason R Refiling
763-923-3775
2"d Vice Chair
Jim Battin
763-780-9298
Secretary
Brian Amundsen
763-786-5699
James hBller
763-434-4886
Jean Miller
763-786-3959
Bill Doty
763-786-3421
Resolution No. 2013-02
Mounds View Charter Commission
Proposed: Jan 9, 2013
Whereas, the Mounds View Charter Commission has reviewed the requests for
updates to Section 4.02 of the Mounds View Charter that are deemed necessary for
compliance with Minnesota Statute 205.13 Subd. 1a, regarding the filing period(s)
allowed for candidates seeking a city office.
Therefore, the Mounds View Charter Commission acting under Minnesota Statute
410.12 Subdivision 7, recommends the following amendments by the addition of the
blue and double underlined language and by the deletion of the
lame. The Mounds View Charter Commission requests the City Council adopt
this resolution by ordinance by the required unanimous vote.
Section 4.02. Filing for Office.
Subdivision 1. Pursuant to Minnesota Statute 205.13, subd. 1a. as amended, RG
earlier th -an seveRty days nor later thaR fifty six days befGFe aRY MURiGipal e'eGtion,
an affidavit of candidacy for a city office must be filed within the time frame specified
and in accordance with the Statute with the exception that the fee portion of the
Statute shall be superseded by the following: aAny resident of the City qualified
under state law for elective office may, by filing an affidavit and by paying a filing fee
of $20 or by filing a petition in compliance with MN Statute 205.13, subd. 4, as
amended, to the City Administrator, have their name placed on the municipal
election ballot.
Proposed, Jan 9, 2013
Respectfully submitted,
Brian Amundsen, Chair
Jonathan J Thomas, Secretary
ORDINANCE NO. 878
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE AMENDING SECTION 4.02, SUBDIVISION 1, OF THE MOUNDS VIEW
CITY CHARTER, RELATING TO "FILING FOR OFFICE"
THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN:
SECTION 1. The City Council of the City of Mounds View, pursuant to the
recommendation of the City of Mounds View Charter Commission in Resolution 2013-02,
does hereby determine that an amendment to Section 4.02, Subd 1, of the Mounds View
City Charter relating to "Filing for Office" is warranted.
SECTION 2. The City Council of the City of Mounds View does hereby approve
amendments to said Section 4.02, Subd. 1, of the City Charter, with additions underlined
and deletions Gtreken as follows:
Section 4.02. Filing for Office.
Subdivision 1. Pursuant to Minnesota Statute 205.13, subd. 1a, as amended,
e vti o ; an affidavit of candidacy for a city office must be filed within the time
frame specified and in accordance with the Statute with the exception that
the fee portion of the Statute shall be superseded by the following: Any any
resident of the City qualified under state law for elective office may, by filing
an affidavit and by paying a filing fee of $20 or by filing a petition in
compliance with MN Statute 205.13, subd. 4, as amended, to the City
Administrator, have their name placed on the municipal election ballot.
SECTION 3. This ordinance shall take effect ninety days after the date of its publication.
First Reading and Introduction:
January 28, 2013
Second Reading and Adoption:
February 11, 2013
Publication Date:
February 21, 2013
Effective Date:
May 12, 2013
Adopted this 11th day of February, 2013.
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Administrator
(seal)
MOUNDS VI_EW
Item No: 7.B.
Meeting Date: February 11, 2013
Type of Business: Council Business
Administrator Review:
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Second Reading and Adoption of Ordinance 875, an
Ordinance Granting Northern States Power Company, a
Minnesota Corporation, d/b/a Xcel Energy, its Successors
and Assigns, a Franchise to Construct, Operate, Repair and
Maintain in the City of Mounds View, Minnesota, the
Necessary Gas Pipes, Mains and Appurtenances for the
Transmission or Distribution of Gas to the City and its
Inhabitants and Others and Transmitting Gas into and
Through the City for Such Purposes; and Prescribing Certain
Terms and Conditions Thereof
Attached is an ordinance to receive a second reading and adoption. The public hearing was
opened on December 10th and continued to January 28th, 2013. This ordinance continues the
franchise agreement with Xcel Energy. Kennedy & Graven has been the lead during the
renewal process and this agreement is similar to the previous agreement. The changes from
the previous franchise agreement have been summarized and included.
Ordinances 517 and 518 passed on October 13, 1992 originally enacted the franchise
agreement. It provides that the City may impose a franchise fee of not more than 4% of Xcel's
gross operating revenues at any time during the 20 -year term of the franchise. The 20 -year
term ran from 1993 through December 21, 2012 and was mutually extended for 90 days. This
agreement will extend the franchise for 20 more years from the date of acceptance.
It has been the practice to include a sunset provision in the annual ordinance that requires it to
be re-enacted each year and this does not change with a new franchise. Staff would request
that a summary ordinance be published with the complete ordinance available on-line and at
City Hall.
Respectfully Submitted,
Mark Beer
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
http://xvww.kennedy-graven.com
MEMORANDUM
To: Jim Ericson, City Administrator
From: Bob Vose
Date: January 24, 2013
Re: Xcel; gas and electric franchises
In February, 2012, Xcel notified the city that its electric and gas franchises, Ordinance
Nos. 517 and 518, would be expiring shortly. Xcel requested that the city renew these
franchises. Because negotiations were not completed by the expiration date in December,
city and company representatives agreed to short extensions while the terms of the
proposed renewal franchises were being finalized.
Xcel initially proposed its model franchise. However, after comparing the model
document to the current franchises, it became apparent that many substantive changes
were proposed and most were not beneficial to the city. Accordingly, we insisted on
using the current franchises as the starting point. After many rounds of revisions, the
parties have negotiated terms that are acceptable to the company and recommended for
approval by city staff and legal counsel.
As with the prior franchises, the proposed renewal franchises are substantively identical
to one another. Further, the proposed franchises would again be for a term of 20 years
and many other terms and conditions remain materially unchanged. The following
summarizes the most significant proposed changes to the prior franchises.
Right -of -Way (ROW) Requirements.
Since adoption of the prior Xcel franchises in 1992, state laws governing use of public
ROW by utilities, and regulation of such ROW by cities and other local government
units, has been substantially amended. Minn. Stat. § 237.162 and .163. Further, the
Minnesota Public Utilities Commission has promulgated ROW regulations under these
new laws. Minn. Rules, Part 7819.0100 et seq. The city revised its local ordinances
governing ROW in accordance with these changes to state law.
The proposed new franchises reflect these changes in state laws and regulations and local
city ordinances. The changes ensure that the franchises dovetail with current laws.
417974 RJV MU210-164
For example, a prior franchise provision requiring Xcel to maintain facilities in "good
condition," now refers to any maintenance requirements in the city's ROW ordinance. A
provision requiring Xcel to provide "field locations" for its buried utility facilities and
other mapping information now refers to applicable requirements in state law and
regulations, subject to any limitations on release of such information in the federal
Homeland Security Act. Provisions detailing when Xcel must relocate its facilities, at its
expense, to facilitate a city project now refer to the applicable provisions in state law.
Finally, a new provision clarifies that if any provision in a franchise conflicts with a city
ROW ordinance provision, the franchise prevails.
2. Defaults; Dispute Resolution.
The former franchises provided that in the event of an alleged default, the city was
obligated to give notice and an opportunity to cure then could sue to demand
performance. The proposed renewal franchises provide for a meeting of the parties and
good faith attempt to resolve the dispute, the opportunity for mediation, and then a right to
commence litigation. This type of alternative dispute resolution is now common in utility
franchises.
3. Franchise Fees
Under the prior franchises, the City annually adopts franchise fee ordinances requiring
Xcel to pay fees to the City equal to 4% of its local electric and gas revenues. Xcel
proposed several important changes to this franchise fee arrangement.
Specifically, Xcel proposed that the cost of any permits it obtains to authorize work in
ROW be deducted and offset from its franchise fee payments, that the city to impose
different franchise fee amounts based on different customer classes (i.e. Xcel would pass
different franchise fee amounts on to residential, commercial, and industrial customers),
that the city only receive franchise fee payments annually instead of monthly, and that the
city be required to impose equivalent franchise fees on other utilities.
After much discussion, the proposed franchises only include the following: "The City
shall impose equivalent franchise fees on other energy suppliers to the extent the City has
such authority." The franchise fee provisions otherwise remain unchanged, as the city
desired.
Conclusion
We recommend approval and adoption of the proposed new Xcel electric and gas
franchises.
417974 RJV MU210-164
GAS FRANCHISE ORDINANCE
ORDINANCE NO. 875
CITY OF MOUNDS VIEW, RAMSEY COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN
THE CITY OF MOUNDS VIEW, MINNESOTA, THE NECESSARY GAS PIPES, MAINS
AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO
THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO
AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC
WAYS OF THE CITY FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS
AND CONDITIONS THEREOF.
THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW, RAMSEY COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
1.1 City. The City of Mounds View, County of Ramsey, State of Minnesota.
1.2 City Utility System. Facilities used for providing non -energy related public utility
service owned or operated by City or agency thereof, including sewer and water service, but
excluding facilities for providing heating, lighting or other forms of energy.
1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency
or agencies, including an agency of the federal government, which preempts all, or part of the
authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission.
1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel
Energy, its successors and assigns.
1.5 Gas. Natural gas, manufactured gas, or other form of gaseous energy.
1.6 Gas Facilities. Pipes, mains, regulators, and other facilities owned or operated by
Company for the purpose of providing gas service for public use.
1.7 Notice. A written notice served by one party on the other party. Notice to
Company shall be mailed to the General Counsel, 414 Nicollet Mall, 51h Floor, Minneapolis, MN
55401. Notice to the City shall be mailed to the City Administrator, City Hall, 2401
408686 RJV MU210-164
Highway 10, Mounds View, MN 55112. Either party may change its respective address for the
purpose of this Ordinance by written notice to the other party.
1.8 Public Ground. Land owned by the City for park, open space or similar purpose,
which is held for use in common by the public.
1.9 Public Way. Any street, alley, walkway or other public right-of-way within the
City
SECTION 2. ADOPTION OF FRANCHISE
2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the
date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat,
power and other purposes for public and private use within and through the limits of the City as its
boundaries now exist or as they may be extended in the future. For these purposes, Company may
construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public
Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all
reasonable things necessary or customary to accomplish these purposes, subject, however, to such
reasonable regulations as may be imposed by the City pursuant to ordinance and to the further
provisions of this franchise.
2.2 Effective Date; Written Acceptance. This Ordinance shall be in full force and
effect from and after passage of this Ordinance, its acceptance by Company, and its publication
as required by law. The City by Council resolution may revoke this franchise if Company does
not file a written acceptance with the City within 90 days after passage.
2.3 Service and Rates. The service to be provided and the rates to be charged by
Company for Gas service in City are subject to the jurisdiction of the Commission.
2.4 Publication Expense. The expense of publication of this Ordinance will be paid by
City and reimbursed to City by Company.
2.5 Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute
is not resolved within 30 days of the written notice, the parties may jointly select a mediator to
facilitate further discussion. The parties will equally share the fees and expenses of this mediator.
If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first
meeting with the selected mediator, either party may commence an action in District Court to
interpret and enforce this franchise or for such other relief as may be permitted by law or equity for
breach of contract, or either party may take any other action permitted by law.
2
408686 RJV MU210-164
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so
as not to interfere with the safety and convenience of ordinary travel along and over Public Ways
and so as not to disrupt normal operation of any City Utility System previously installed therein.
Gas Facilities shall be located on Public Grounds as determined by the City. Company's
construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be
subject to permits if required by separate ordinance and to other reasonable regulations of the City
to the extent not inconsistent with the terms of this Ordinance. Company may abandon
underground gas facilities in place, provided, at City's request, Company will remove abandoned
metal pipe interfering with a City improvement project, but only to the extent such metal pipe is
uncovered by excavation as part of the City's improvement project.
3.2 Field Locations. Company shall provide field locations for its underground Gas
Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. In
addition, subject to the Homeland Security act or other applicable laws, the Company must
promptly provide mapping information for any of its underground Gas Facilities in accordance
with City Code, Chapter 910, and Minnesota Rules Parts 7819.4000 and 7819.4100.
3.3 Street Openings. Company shall not open or disturb any Public Ground or Public
Way for any purpose without first having obtained a permit from the City, if required by a separate
ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on
Company shall not be more burdensome than those imposed on other utilities for similar facilities
or work. Company may, however, open and disturb any Public Ground or Public Way without
permission from the City where an emergency exists requiring the immediate repair of Gas
Facilities. In such event Company shall notify the City by telephone to the office designated by the
City as soon as practicable. Not later than the second working day thereafter, Company shall obtain
any required permits and pay any required fees.
3.4 Restoration. After undertaking any work requiring the opening of any Public
Ground or Public Way, Company shall restore the same, including paving and its foundation, to as
good a condition as formerly existed, and shall maintain any paved surface in good condition for
two years thereafter. The work shall be completed as promptly as weather permits, and if Company
shall not promptly perforin and complete the work, remove all dirt, rubbish, equipment and
material, and put the Public Ground or Public Way in the said condition, the City shall have, after
demand to Company to cure and the passage of a reasonable period of time following the demand,
but not to exceed five days, the right to make the restoration at the expense of Company. Company
shall, upon demand, pay to the City the cost of such work done for or performed by the City. This
remedy shall be in addition to any other remedy available to the City for noncompliance with this
Section 3.4, but the City hereby waives any requirement for Company to post a construction
performance bond, certificate of insurance, letter of credit or any other form of security or
assurance that may be required, under a separate existing or future ordinance of the City, of a
person or entity obtaining the City's permission to install, replace or maintain facilities in a
Public Way.
3
408686 RJV MU210-164
3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person,
including Company, from liability arising out of the failure to exercise reasonable care to avoid
damaging the Gas Facilities, or any other persons or property, while performing any activity.
3.6 Notice of Improvements. The City must give Company reasonable notice of plans
for improvements to Public Grounds or Public Ways where the City has reason to believe that Gas
Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and
character of the improvements, (ii) the Public Grounds and Public Ways upon which the
improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will
start the work, and (v) if more than one Public Ground or Public Way is involved, the order in
which the work is to proceed. The notice must be given to Company a sufficient length of time in
advance of the actual commencement of the work to permit Company to make any necessary
additions, alterations or repairs to its Gas Facilities.
SECTION 4. RELOCATIONS.
4.1 Relocation of Gas Facilities in Public Ways. Company shall relocate its Gas
Facilities at its own expense in accordance with the requirements of Minnesota Rules, Part
7819.3100. The City shall endeavor to give Company reasonable Notice of plans for a City
project requiring relocation of Gas Facilities. Company relocation of Gas Facilities shall not be
construed as a waiver of Company's right to seek reimbursement of relocation cost consistent
with Minnesota Rules, Part 7819.3100. Nothing in this Ordinance requires Company to relocate,
remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal,
replacement or reconstruction is solely for the convenience of the City.
4.2 Relocation of Gas Facilities in Public Ground. City may require Company at
Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by
City that the Gas Facilities have become or will become a substantial impairment to the existing or
proposed public use of the Public Ground.
4.3 Projects with Federal Funding. City shall not order Company to remove or
relocate its Gas Facilities when a Public Way is vacated, improved or realigned because of a
renewal or a redevelopment plan, or for a right-of-way project or any other project which is
financially subsidized in whole or in part by the Federal Government or any agency thereof,
unless the reasonable non -betterment costs of such relocation are first paid to Company. The
City is obligated to pay Company only for those portions of its relocation costs for which City
has received federal funding specifically allocated for relocation costs in the amount requested by
the Company. Relocation, removal or rearrangement of any Company Gas Facilities made
necessary because of a federally -aided highway project shall be governed by the provisions of
Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights
herein granted to Company are valuable rights.
4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in
reliance on a franchise from the City and shall not be construed to waive or modify any rights
obtained by Company for installations within a Company right-of-way acquired by easement or
4
408686 RJV MU210-164
prescriptive right before the applicable Public Ground or Public Way was established, or
Company's rights under state or county permit.
SECTION 5. TREE TRIMMING.
Company is also granted the permission and authority to trim all shrubs and trees, including
roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with
the proper construction, operation, repair and maintenance of Gas Facilities, provided that
Company shall save City harmless from any liability in the premises.
SECTION 6. INDEMNIFICATION.
6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and
harmless from any and all liability on account of injury to persons or damage to property
occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the
operation of the Gas Facilities located in the Public Grounds and Public Ways. The City shall not
be indemnified for losses or claims occasioned through its own negligence except for losses or
claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection
of, Company's plans or work. The City shall not be indemnified if the injury or damage results
from the performance in a proper manner of acts reasonably deemed hazardous by Company, and
such performance is nevertheless ordered or directed by City after notice of Company's
determination.
6.2 Defense of City. In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, Company at its sole cost and expense shall defend the
City in such suit if written notice thereof is promptly given to Company within a period wherein
Company is not prejudiced by lack of such notice. If Company is required to indemnify and
defend, it will thereafter have control of such litigation, but Company may not settle such litigation
without the consent of the City, which consent shall not be unreasonably withheld. This section is
not, as to third parties, a waiver of any defense or immunity otherwise available to the City and
Company, in defending any action on behalf of the City shall be entitled to assert in any action
every defense or immunity that the City could assert in its own behalf.
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed vacation
of a Public Way. Except where required for a City improvement project, the vacation of any Public
Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to
operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the
loss and expense resulting from such relocation are first paid to Company. In no case, however,
shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota
Statutes, Section 160.29.
5
408686 R V MU210-164
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE.
During the term of this Ordinance, the City may at any time impose on Company a
franchise fee not to exceed four percent (4%) of the Company's gross revenues, as hereinafter
defined. Such fee shall be payable monthly based on the gross revenues of the Company during
the preceding month. The payment is due on the last business day of the month following the
month for which payment is to be made. Such fee shall be imposed by ordinance duly adopted in
accordance with the City Charter and City Code, and shall not become effective until at least
ninety (90) days after written notice thereof has been served upon the Company by registered
mail. The percent fee may be changed by the Council by ordinance from time to time, however,
the percentage must remain unchanged for at least one year. Such fee ordinance shall not prevent
the Company from adjusting its charges in such manner as it deems appropriate for the purpose
or reimbursing the Company for the payments to be made to the City, nor prevent the Company
from indicating on its bills the customer's portion of said fees. The term "gross revenues" means
all sums, excluding said surcharge, received by the Company from the sale of Gas within the
corporate limits of the City, subject to subsequent reconciliation for uncollectibles, refunds and
correction of erroneous billings. The City shall impose equivalent franchise fees on other energy
suppliers to the extent the City has such authority.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severability. Every section, provision, or part of this Ordinance is declared
separate from every other section, provision, or part and if any section, provision, or part shall be
held invalid, it shall not affect any other section, provision, or part. Where a provision of any
other City ordinance conflicts with the provisions of this Ordinance, the provisions of this
Ordinance shall prevail.
10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of any one or more of the terms
hereof, or otherwise give rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended to address a subject of concern and the other party will consider whether it agrees that the
amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be
amended at any time by the City passing a subsequent ordinance declaring the provisions of the
amendment, which amendatory ordinance shall become effective upon the filing of Company's
6
408686 RIV MU210-164
written consent thereto with the City Clerk within 90 days after the date of final passage by the
City of the amendatory ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED; PREVIOUS FEE ORDINANCE
CONTINUED.
This franchise replaces and supersedes Ordinance No. 518 and any other previous Gas
franchise granted to Company or its predecessor, and continues in full force and effect Ordinance
No. 873 establishing a franchise fee for year 2013
Read by City Council of the City of Mounds View this 281h day of January, 2013.
Read and Passed by the City Council of the City of Mounds View this l 11h day of February,
2013.
Publication Date: February 21, 2013
Joe Flaherty, Mayor
Attest:
City Administrator, James Ericson
(SEAL)
7
408686 RJV MU210-164
ORDINANCE SUMMARY
ORDINANCE NO. 875
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE GRANTING NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, DIB/A XCEL ENERGY, ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN
THE CITY OF MOUNDS VIEW, MINNESOTA, THE NECESSARY GAS PIPES, MAINS
AND APPURTTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS
TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS
INTO AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND
PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES; AND PRESCRIBING
CERTAIN TERMS AND CONDITIONS THEREOF.
On February 11, 2013, the Mounds View City Council adopted an ordinance which
authorizes a franchise agreement with Northern States Power Company, A Minnesota
Corporation, d/b/a Xcel Energy natural gas operations within the City of Mounds View
for 20 years from the date of acceptance.
A copy of Ordinance 875 is on file and available for public viewing at the office of the
City Administrator. The ordinance is also posted in its entirety on the City's website,
located at www.ci.mounds-view.mn.us.
Jim Ericson, City Administrator
Moths Mav
Item No: 7.C.
Meeting Date: February 11, 2013
Type of Business: Council Business
Administrator Review:
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Second Reading and Adoption of Ordinance 876, an
Ordinance Granting Northern States Power Company, a
Minnesota Corporation, d/b/a Xcel Energy, its Successors
and Assigns, a Franchise to Construct, Operate, Repair and
Maintain in the City of Mounds View, Minnesota, an Electric
Distribution System and Transmission Lines, Including
Necessary Poles, Lines, Fixtures and Appurtenances for the
Transmission or Distribution of Electric Energy to the City
and its Inhabitants and Others and to Use Public Grounds
and Public Ways of the City for Such Purposes; and
Prescribing Certain Terms and Conditions Thereof
Attached is an ordinance to receive a second reading and adoption. The public hearing was
opened on December 10th and continued to January 281", 2013. This ordinance continues the
franchise agreement with Xcel Energy. Kennedy & Graven has been the lead during the
renewal process and this agreement is similar to the previous agreement. The changes from
the previous franchise agreement have been summarized and included.
Ordinances 517 and 518 passed on October 13, 1992 originally enacted the franchise
agreement. It provides that the City may impose a franchise fee of not more than 4% of Xcel's
gross operating revenues at any time during the 20 -year term of the franchise. The 20 -year
term ran from 1993 through December 21, 2012 and was mutually extended for 90 days. This
agreement will extend the franchise for 20 more years from the date of acceptance.
It has been the practice to include a sunset provision in the annual ordinance that requires it to
be re-enacted each year and this does not change with a new franchise. Staff would request
that a summary ordinance be published with the complete ordinance available on-line and at
City Hall.
Respectfully Submitted, J
Mark Beer
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kentiedy-graven.com
MEMORANDUM
To: Jim Ericson, City Administrator
From: Bob Vose
Date: January 24, 2013
Re: Xcel; gas and electric franchises
In February, 2012, Xcel notified the city that its electric and gas franchises, Ordinance
Nos. 517 and 518, would be expiring shortly. Xcel requested that the city renew these
franchises. Because negotiations were not completed by the expiration date in December,
city and company representatives agreed to short extensions while the terms of the
proposed renewal franchises were being finalized.
Xcel initially proposed its model franchise. However, after comparing the model
document to the current franchises, it became apparent that many substantive changes
were proposed and most were not beneficial to the city. Accordingly, we insisted on
using the current franchises as the starting point. After many rounds of revisions, the
parties have negotiated terms that are acceptable to the company and recommended for
approval by city staff and legal counsel.
As with the prior franchises, the proposed renewal franchises are substantively identical
to one another. Further, the proposed franchises would again be for a term of 20 years
and many other terms and conditions remain materially unchanged. The following
summarizes the most significant proposed changes to the prior franchises.
Right -of -Way (ROW) Requirements.
Since adoption of the prior Xcel franchises in 1992, state laws governing use of public
ROW by utilities, and regulation of such ROW by cities and other local government
units, has been substantially amended. Minn. Stat. § 237.162 and .163. Further, the
Minnesota Public Utilities Commission has promulgated ROW regulations under these
new laws. Minn. Rules, Part 7819.0100 et seq. The city revised its local ordinances
governing ROW in accordance with these changes to state law.
The proposed new franchises reflect these changes in state laws and regulations and local
city ordinances. The changes ensure that the franchises dovetail with current laws.
417974 RJ V MU210-164
For example, a prior franchise provision requiring Xcel to maintain facilities in "good
condition," now refers to any maintenance requirements in the city's ROW ordinance. A
provision requiring Xcel to provide "field locations" for its buried utility facilities and
other mapping information now refers to applicable requirements in state law and
regulations, subject to any limitations on release of such information in the federal
Homeland Security Act. Provisions detailing when Xcel must relocate its facilities, at its
expense, to facilitate a city project now refer to the applicable provisions in state law.
Finally, a new provision clarifies that if any provision in a franchise conflicts with a city
ROW ordinance provision, the franchise prevails.
2. Defaults; Dispute Resolution.
The former franchises provided that in the event of an alleged default, the city was
obligated to give notice and an opportunity to cure then could sue to demand
performance. The proposed renewal franchises provide for a meeting of the parties and
good faith attempt to resolve the dispute, the opportunity for mediation, and then a right to
commence litigation. This type of alternative dispute resolution is now common in utility
franchises.
3. Franchise Fees
Under the prior franchises, the City annually adopts franchise fee ordinances requiring
Xcel to pay fees to the City equal to 4% of its local electric and gas revenues. Xcel
proposed several important changes to this franchise fee arrangement.
Specifically, Xcel proposed that the cost of any permits it obtains to authorize work in
ROW be deducted and offset from its franchise fee payments, that the city to impose
different franchise fee amounts based on different customer classes (i.e. Xcel would pass
different franchise fee amounts on to residential, commercial, and industrial customers),
that the city only receive franchise fee payments annually instead of monthly, and that the
city be required to impose equivalent franchise fees on other utilities.
After much discussion, the proposed franchises only include the following: "The City
shall impose equivalent franchise fees on other energy suppliers to the extent the City has
such authority." The franchise fee provisions otherwise remain unchanged, as the city
desired.
Conclusion
We recommend approval and adoption of the proposed new Xcel electric and gas
franchises.
417974 RJV MU210-164
ELECTRIC FRANCHISE ORDINANCE
ORDINANCE NO. 876
CITY OF MOUNDS VIEW, RAMSEY COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN
THE CITY OF MOUNDS VIEW, MINNESOTA, AN ELECTRIC DISTRIBUTION
SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES,
FIXTURES AND APPURTENANCES, FOR THE TRANSMISSION OR DISTRIBUTION
OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND OTHERS AND
TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH
PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF.
THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW, RAMSEY COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
1.1 City. The City of Mounds View, County of Ramsey, State of Minnesota.
1.2 City Utility System. Facilities used for providing non -energy related public utility
service owned or operated by City or agency thereof, including sewer and water service, but
excluding facilities for providing heating, lighting or other forms of energy.
1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency
or agencies, including an agency of the federal government, which preempts all, or part of the
authority to regulate Electric retail rates now vested in the Minnesota Public Utilities Commission.
1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel
Energy, its successors and assigns.
1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys,
anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the
purpose of providing electric energy for public use.
1.6 Notice. A written notice served by one party on the other party. Notice to
Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5°i Floor, Minneapolis, MN
55401. Notice to the City shall be mailed to the City Administrator, City Hall, 2401
Highway 10, Mounds View, MN 55112. Either party may change its respective address for the
purpose of this Ordinance by written notice to the other party.
416862 RJV MU210-164
1.7 Public Ground. Land owned by the City for park, open space or similar purpose,
which is held for use in common by the public.
1.8 Public Way. Any street, alley, walkway or other public right-of-way within the
City.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the
date passed and approved by the City, the right to transmit and furnish electric energy for light, heat,
power and other purposes for public and private use within and through the limits of the City as its
boundaries now exist or as they may be extended in the future. For these purposes, Company may
construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public
Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all
reasonable things necessary or customary to accomplish these purposes, subject, however, to such
reasonable regulations as may be imposed by the City pursuant to ordinance and to the further
provisions of this franchise.
2.2 Effective Date; Written Acceptance. This Ordinance shall be in full force and
effect from and after passage of this Ordinance, its acceptance by Company, and its publication
as required by law. The City by Council resolution may revoke this franchise if Company does
not file a written acceptance with the City within 90 days after passage.
2.3 Service and Rates. The service to be provided and the rates to be charged by
Company for electric service in City are subject to the jurisdiction of the Commission.
2.4 Publication Expense. The expense of publication of this Ordinance will be paid by
City and reimbursed to City by Company.
2.5 Dispute Resolution. If either parry asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute
is not resolved within 30 days of the written notice, the parties may jointly select a mediator to
facilitate further discussion. The parties will equally share the fees and expenses of this mediator.
If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first
meeting with the selected mediator, either party may commence an action in District Court to
interpret and enforce this franchise or for such other relief as may be permitted by law or equity for
breach of contract, or either party may take any other action permitted by law.
SECTION 3. LOCATION. OTHER REGULATIONS.
3.1 Location of Facilities. Electric Facilities shall be located, constructed and
maintained so as not to interfere with the safety and convenience of ordinary travel along and over
Public Ways and so as not to disrupt normal operation of any City Utility System previously
installed therein. Electric Facilities shall be located on Public Grounds as determined by the City.
416862 RJV MU210-164
Company's construction, reconstruction, operation, repair, maintenance and location of Electric
Facilities shall be subject to permits if required by separate ordinance and to other reasonable
regulations of the City to the extent not inconsistent with the terms of this Ordinance. Company
may abandon underground Electric Facilities in place, provided, at City's request, Company will
remove abandoned metal or concrete encased conduit interfering with a City improvement project,
but only to the extent such conduit is uncovered by excavation as part of the City's improvement
project.
3.2 Field Locations. Company shall provide field locations for its underground Electric
Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. In
addition, subject to the Homeland Security act or other applicable laws, the Company must
promptly provide mapping information for any of its underground Electric Facilities in
accordance with City Code, Chapter 910, and Minnesota Rules Parts 7819.4000 and 7819.4100.
3.3 Street Openings. Company shall not open or disturb any Public Ground or Public
Way for any purpose without first having obtained a permit from the City, if required by a separate
ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on
Company shall not be more burdensome than those imposed on other utilities for similar facilities
or work. Company may, however, open and disturb any Public Ground or Public Way without
permission from the City where an emergency exists requiring the immediate repair of Electric
Facilities. In such event Company shall notify the City by telephone to the office designated by the
City as soon as practicable. Not later than the second working day thereafter, Company shall obtain
any required permits and pay any required fees.
3.4 Restoration. After undertaking any work requiring the opening of any Public
Ground or Public Way, Company shall restore the same, including paving and its foundation, to as
good a condition as formerly existed, and shall maintain any paved surface in good condition for
two years thereafter. The work shall be completed as promptly as weather permits, and if Company
shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and
material, and put the Public Ground or Public Way in the said condition, the City shall have, after
demand to Company to cure and the passage of a reasonable period of time following the demand,
but not to exceed five days, the right to make the restoration at the expense of Company. Company
shall, upon demand, pay to the City the cost of such work done for or performed by the City. This
remedy shall be in addition to any other remedy available to the City for noncompliance with this
Section 3.4, but the City hereby waives any requirement for Company to post a construction
performance bond, certificate of insurance, letter of credit or any other form of security or
assurance that may be required, under a separate existing or future ordinance of the City, of a
person or entity obtaining the City's permission to install, replace or maintain facilities in a
Public Way.
3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person,
including Company, from liability arising out of the failure to exercise reasonable care to avoid
damaging the Electric Facilities, or any other persons or properly, while performing any activity.
3.6 Notice of Improvements. The City must give Company reasonable notice of plans
for improvements to Public Grounds or Public Ways where the City has reason to believe that
3
416862 RJV MU210-164
Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the
nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the
improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will
start the work, and (v) if more than one Public Ground or Public Way is involved, the order in
which the work is to proceed. The notice must be given to Company a sufficient length of time in
advance of the actual commencement of the work to permit Company to make any necessary
additions, alterations or repairs to its Electric Facilities.
3.7 Shared Used of Poles. Company shall make space available on its poles or towers
for City fire, water utility, police or other City facilities upon terms and conditions acceptable to
Company whenever such use will not interfere with the use of such poles or towers by Company or
by another utility. In addition, the City shall pay for any added cost incurred by Company because
of such use by City.
SECTION 4. RELOCATIONS.
4.1 Relocation of Electric Facilities in Public Ways. Company shall relocate its
Electric Facilities at its own expense in accordance with the requirements of Minnesota Rules,
Part 7819.3100. The City shall endeavor to give Company reasonable Notice of plans for a City
project requiring relocation of Electric Facilities. Company relocation of Electric Facilities shall
not be construed as a waiver of Company's right to seek reimbursement of relocation cost
consistent with Minnesota Rules, Part 7819.3100. Nothing in this Ordinance requires Company to
relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such
relocation, removal, replacement or reconstruction is solely for the convenience of the City.
4.2 Relocation of Electric Facilities in Public Ground. City may require Company at
Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding
by City that the Electric Facilities have become or will become a substantial impairment to the
existing or proposed public use of the Public Ground.
4.3 Projects with Federal Funding. City shall not order Company to remove or
relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a
renewal or a redevelopment plan, or for a right-of-way project or any other project which is
financially subsidized in whole or in part by the Federal Government or any agency thereof,
unless the reasonable non -betterment costs of such relocation are first paid to Company. The
City is obligated to pay Company only for those portions of its relocation costs for which City
has received federal funding specifically allocated for relocation costs in the amount requested by
the Company. Relocation, removal or rearrangement of any Company Electric Facilities made
necessary because of a federally -aided highway project shall be governed by the provisions of
Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights
herein granted to Company are valuable rights.
4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in
reliance on a franchise from the City and shall not be construed to waive or modify any rights
obtained by Company for installations within a Company right-of-way acquired by easement or
4
416862 RJV MU210-164
prescriptive right before the applicable Public Ground or Public Way was established, or
Company's rights under state or county permit.
SECTION 5. TREE TRIMMING.
Company is also granted the permission and authority to trim all shrubs and trees, including
roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with
the proper construction, operation, repair and maintenance of Electric Facilities, provided that
Company shall save City harmless from any liability in the premises.
SECTION 6. INDEMNIFICATION.
6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and
harmless from any and all liability on account of injury to persons or damage to property
occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the
operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall
not be indemnified for losses or claims occasioned through its own negligence except for losses or
claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection
of, Company's plans or work. The City shall not be indemnified if the injury or damage results
from the performance in a proper manner of acts reasonably deemed hazardous by Company, and
such performance is nevertheless ordered or directed by City after notice of Company's
determination.
6.2 Defense of City. In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, Company at its sole cost and expense shall defend the
City in such suit if written notice thereof is promptly given to Company within a period wherein
Company is not prejudiced by lack of such notice. If Company is required to indemnify and
defend, it will thereafter have control of such litigation, but Company may not settle such litigation
without the consent of the City, which consent shall not be unreasonably withheld. This section is
not, as to third parties, a waiver of any defense or immunity otherwise available to the City and
Company, in defending any action on behalf of the City shall be entitled to assert in any action
every defense or immunity that the City could assert in its own behalf.
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed vacation
of a Public Way. Except where required for a City improvement project, the vacation of any Public
Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to
operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and
the loss and expense resulting from such relocation are first paid to Company. In no case, however,
shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota
Statutes, Section 160.29.
5
416862 RJV MU210-164
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE.
During the term of this Ordinance, the City may at any time impose on Company a
franchise fee not to exceed four percent (4%) of the Company's gross revenues, as hereinafter
defined. Such fee shall be payable monthly based on the gross revenues of the Company during
the preceding month. The payment is due on the last business day of the month following the
month for which payment is to be made. Such fee shall be imposed by ordinance duly adopted in
accordance with the City Charter and City Code, and shall not become effective until at least
ninety (90) days after written notice thereof has been served upon the Company by registered
mail. The percent fee may be changed by the Council by ordinance from time to time, however,
the percentage must remain unchanged for at least one year. Such fee ordinance shall not prevent
the Company from adjusting its charges in such manner as it deems appropriate for the purpose
or reimbursing the Company for the payments to be made to the City, nor prevent the Company
from indicating on its bills the customer's portion of said fees. The term "gross revenues" means
all sums, excluding said surcharge, received by the Company from the sale of Electric within the
corporate limits of the City, subject to subsequent reconciliation for uncollectibles, refunds and
correction of erroneous billings. The City shall impose equivalent franchise fees on other energy
suppliers to the extent the City has such authority.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severability. Every section, provision, or part of this Ordinance is declared
separate from every other section, provision, or part and if any section, provision, or part shall be
held invalid, it shall not affect any other section, provision, or part. Where a provision of any
other City ordinance conflicts with the provisions of this Ordinance, the provisions of this
Ordinance shall prevail.
10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of any one or more of the terms
hereof, or otherwise give rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended to address a subject of concern and the other party will consider whether it agrees that the
amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be
amended at any time by the City passing a subsequent ordinance declaring the provisions of the
amendment, which amendatory ordinance shall become effective upon the filing of Company's
C
416862 RJV MU210-164
written consent thereto with the City Clerk within 90 days after the date of final passage by the
City of the amendatory ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED; PREVIOUS FEE ORDINANCE
This franchise replaces and supersedes Ordinance No. 517 and any other previous Electric
fianchise granted to Company or its predecessor, and continues in full force and effect Ordinance
No. 873 establishing a franchise fee for year 2013
Read by City Council of the City of Mounds View this 28th day of January, 2013.
Read and Passed by the City Council of the City of Mounds View this 11th day of February,
2013.
Publication Date: February 2l, 2013
Joe Flaherty, Mayor
Attest:
City Administrator, James Ericson
(SEAL)
7
416862 RJV MU210-164
ORDINANCE SUMMARY
ORDINANCE NO. 876
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE GRANTING NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN
THE CITY OF MOUNDS VIEW, MINNESOTA, AN ELECTRIC DISTRIBUTION
SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES,
FIXTURES AND APPURTTENANCES FOR THE TRANSMISSION OR
DISTRIBUTION OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND
OTHERS AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY
FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS
THEREOF
On February 11, 2013, the Mounds View City Council adopted an ordinance which
authorizes a franchise agreement with Northern States Power Company, A Minnesota
Corporation, d/b/a Xcel Energy Electric Energy operations within the City of Mounds
View for 20 years from the date of acceptance.
A copy of Ordinance 876 is on file and available for public viewing at the office of the
City Administrator. The ordinance is also posted in its entirety on the City's website,
located at www.ci.mounds-view.mn.us.
Jim Ericson, City Administrator
Item No: 7D
MOUNDS Meeting �/TT� Meeting Date: Feb.2013
1 Type of Business:: Council
Administrator Review: _F
City of Mounds View Staff Report
To: Economic Development Authority
From: Heidi Steinmetz, Economic Development Specialist
Item Title/Subject: Resolution 8059, Supporting Twin Cities Twin Cities Habitat for
Humanity— Community Development Housing Organization's
Application for HOME Funds
Background
The Mounds View EDA received $100,000 in Community Development Block Grant
(CDBG) funding in 2012 to acquire a vacant and/or foreclosed residential lot in Mounds
View. The vacant/blighted home would be demolished and the lot donated to Twin Cities
Habitat for Humanity. Not less than 70% of the funds must be used for activities that benefit low -
and -moderate -income persons.
City staff is currently working with Twin Cities Habitat for Humanity to identify a
vacant/blighted home for this project. According to Ramsey County, there is no deadline
by which the project has to be completed or by which the funds have to be used.
Discussion
Twin Cities Habitat for Humanity would like to apply for additional HOME funds to use for
the construction of the future Habitat project in Mounds View. Habitat's application
requires a resolution and a letter of support from the City of Mounds View. Attached are
both documents.
Recommendation
Staff recommends the City Council approve Resolution 8059, Supporting Twin Cities Twin
Cities Habitat for Humanity — Community Development Housing Organization's
Application for HOME Funds.
Respectfully submitted,
Heidi Steinmetz, Economic Development Specialist
Attachments
• Resolution 8059
• Letter of Support
RESOLUTION NO. 8059
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
SUPPORTING TWIN CITIES HABITAT FOR HUMANITY -
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION'S
APPLICATION FOR HOME FUNDS
WHEREAS, the Mounds View Economic Development Authority received an award
of CDBG funding in 2012 to acquire and demolish a single family home with the vacant lot
to be used for the creation of a unit of affordable homeownership; and
WHEREAS, the Mounds View Economic Development Authority will donate the lot
to Twin Cities Habitat for Humanity -Community Housing Development Organization
(TCHFH-CHDO) for redevelopment; and
WHEREAS, TCHFH-CHDO will request HOME funding via Ramsey County for
construction of a single family home on the lot to be developed in conjunction with Twin
Cities Habitat for Humanity, Inc.; and
WHEREAS, there exists a need in Mounds View, to redevelop its housing stock in
situations in which private enterprise would not act without government participation or
subsidies; and,
WHEREAS, limited funds are available to clear and redevelop blighted residential
areas in Mounds View, Minnesota; and,
NOW THEREFORE, BE IT RESOLVED that the Mounds View City Council fully
supports the project and TCHFH-CHDO's application for HOME funds.
Passed and adopted this 11th day of February, 2013.
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Administrator
(seal)
February 11, 2013
Ramsey County HRA
c/o Ramsey County Community and Economic Development
250 Courthouse
15 West Kellogg Boulevard
St. Paul, MN 55102
Dear Commissioners:
The Mounds View City Council is pleased to offer this letter of support for Twin
Cities Habitat for Humanity CHDO in its application for 2013 HOME funding, with
that funding to support construction costs on a lot that the City will donate to
Habitat. The City of Mounds View is leveraging CDBG dollars to acquire and
demolish blighted properties for donation to Habitat.
Mounds View has a need for affordable, workforce housing, and Habitat can help
meet that need. By supporting their proposal for HOME funding, Ramsey County
will provide resources that Habitat needs to maximize its production capacity and
work in our community. Habitat has built previously in our community and we are
glad to welcome them to work in our city again.
Overall, Twin Cities Habitat for Humanity, in partnership with Twin Cities Habitat
for Humanity CHDO, has sold homes to more than 900 families since 1985,
including more than twenty-five families in Suburban Ramsey County. Their
model serves a very important role in crating affordable housing by serving
families who earn between 30 and 50 percent of the area median income. Given
Habitat's zero -percent financing and the small monthly payments that they
receive back from their families, it is very important that the community help them
as much as we can.
We endorse Habitat's application for HOME funding and encourage your support.
Please feel free to contact me with any questions.
Sincerely,
Joe Flaherty, Mayor
763-717-4003, City Hall Voice Mail
Mounds View City Council
of Mounds View Staff
To:
From:
Item Title/Subject:
Introduction:
On March 26, 2001,
for hiring Seasonal
seasonal positions.
Discussion:
Honorable Mayor and City Council
Item No: 7E
Meeting Date: February 11, 2013
Type of Business: CB
Administrator Review:
Desaree Crane, Assistant City Administrator
Nick DeBar, Public Works Director
Resolution 8060, Approving the 2013 Public Works and Parks
Seasonal Positions
the City Council adopted Resolution 5546, which describes the procedure
Employees. This resolution requires that the City Council approve all
Annually the City Council has approved the hiring of seasonal Public Works positions.
Resolution 5546 requires that approval take place six weeks prior to actual hire of seasonal
employees; therefore, this is typically done early in the calendar year.
Seasonal Employees benefit the City by providing labor services during periods of higher labor
demand at much lower pay rates keeping overall labor costs down. In return, seasonal
employees benefit from the skills and work ethics they learn on the job. As a result, the
employees, the City, citizens, and taxpayers all benefit from this program.
Historically, there have been three time periods throughoutthe yearwhen the City has employed
seasonal workers. These periods have been: Summer (10 positions), Fall (2 positions), and
Winter (1 position). In 2009, it was the consensus of the City Council and Staff to decrease the
Summer seasonal positions from 10 to 8 positions, due to the budgetary cuts in state aid. This
number was further reduced in 2010 when the Winter seasonal position was eliminated and the
part-time water division position was reclassified as a public works seasonal position. In 2011
and 2012, the City Council approved 8 seasonal positions.
According to the Affordable Healthcare Act ("Obama Care"), starting in 2014, there are
provisions that would require employers to offer health insurance to full-time seasonal
employees who work 120 calendar days or more during the year. It further requires that the
seasonal employee who is hired to work for 120 calendar days and worked an average of 30
hours per week to be offered insurance on the 90th day of his or her employment, and would be
eligible for health insurance benefits for 30 days. In addition to the obvious administrative
nightmare and cost associated with insuring an employee for 30 days, this provision can also
subject employers to obligations under the Consolidated Omnibus Budget Reconciliation Act
(COBRA) upon termination of the employee's employment, thereby creating even more burdens
to the employer. Staff is recommending starting the planning process for these provisions this
Item 07E
Monday, February 11, 2013
Approving the 2013 PW Seasonal Positions
Page 2
year by hiring 10 seasonal employees and staggering them to ensure that they do not exceed
119 days. Three of the seasonal positions are paid from the Enterprise Funds (water, sewer, and
storm). In addition, Staff will be creating a means to track this time in order to be better
prepared for these new provisions in 2014.
Summer Seasonal Employees — Duties include general Public Works and parks maintenance
duties. The employees generally are employed for about three months in the summer— mid -to
late -May to mid -to late -August. Typically one Parks Division seasonal employee and one Utility
Division seasonal employee begin employment in April.
Fall Seasonal Employee — There are two (2) seasonal positions, one (1) in Public Works Utilities
Division and one (1) in the Parks Division. Historically, summer positions are extended to cover
Duties performed by the Public Works Utilities Division seasonal employee includes assisting
with the utility locates, hydrant and valve maintenance, sanitary sewer and manhole cleaning,
stormwater system maintenance, and other utility -related duties.
The duties of the fall seasonal employee in the Parks Division include fall activities such as
mowing, leaf clean up, mower maintenance, assisting with brush removal and tree trimming,
and providing assistance in year-end maintenance activities. .
Wage Proposal for 2013 Seasonals:
Staff recommends no wage increases for 2013 Public Works Seasonals. In 2012, new hire
seasonal positions were filled at $11.00/hour, and returning seasonal workers were
compensated at $11.75/hour. Each summer seasonal employee will work up to 40 hours per
week and not exceed 119 calendar days. The fall seasonal employees may also work 40 hours
per week: however, hours may be fewer since these positions are often filled with current college
students that are available part-time only. All seasonal positions will remain on staff for a period
no longer than 119 calendar days.
Recommendation:
Staff recommends approving the Seasonal Public Works Positions for 2013.
Respectfully submitted,
lew" al, 66xt
Desaree Crane
Respectfully submitted,
Nick DeBar
RESOLUTION 8060
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE 2013 PUBLIC WORKS AND PARKS SEASONAL POSITIONS
WHEREAS, Resolution 5546 requires that seasonal positions must be approved by
the Mounds View City Council; and
WHEREAS, Seasonal Employees benefit the City by providing labor services that are
relatively less expensive and are available during periods of greater labor; and
WHEREAS, the City of Mounds View Public Works Department does have a need to
hire seasonal employees; and
WHEREAS, the Public Works Department is recommending that seasonal positions
be approved for two periods throughout 2013; and
WHEREAS, said periods are Summer and Fall; and
WHEREAS, for 2013, Staff is recommending that new hires start at the hourly rate of
$11.00/hr and returning seasonal workers would be compensated at $11.75/hr.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Ramsey County, Minnesota as follows:
The 2013 Summer Seasonal Public Works Positions are approved — a total of
eight (8) positions. These positions would start in approximately mid -to late -May
2013 and terminate in mid -to late -August 2013. However, one Utilities Division and
one Parks Division seasonal employee typically begins employment in April.
2. The 2013 Fall Seasonal Public Works Positions are approved - a total of two (2)
positions. One position in the Public Works Utilities Division and the other in the
Parks Division of Public Works. These positions would start approximately in mid -
to late -August 2013 and be terminated by the end of the year, weather permitting.
All Public Works seasonal positions will be filled; with new hires starting at an
hourly rate of $11.00/hr. Returning seasonal workers will be compensated at an
hourly wage of $11.75/hr.
4. Each seasonal position may work up to forty (40) hours per week.
5. The duration of the Public Works seasonal positions shall not exceed 119
calendar days.
Resolution 8060
Page 2
Adopted this 11th day of February, 2011
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Administrator
(SEAL)
Item No: 8A
Meeting Date: February 11 2013
MDLT77�T ��r Type of Business: Consent Agenda
1 S VIE Administrator Review: NC2D
City of Mounds View Staff Re ort
NOW—
To: Honorable Mayor and City Council
From: Nick DeBar, Public Works Director
Item Title/Subject: Resolution 8061, Amending the 2013 Budget to Include
Expenditures for Building Automation System Improvements at the
Community Center
Background/Discussion:
Upgrades and improvements to the Building Automation System (BAS) at the Community
Center were approved by the City Council at their December 10, 2012 regular meeting (Res.
8031). Trane US, Inc. was approved to furnish and install a Trane Tracer SC controller,
desktop PC, router, and Lynxspring JENE panel (including connection to the field panels) for
$21,605 plus applicable taxes. The price also includes demolition of the Barber Coleman
system, programming, graphics, trends, alarms, start-up, commissioning, and 16 hours of on-
site training. Additional background information related to this matter is included at the end of
this report for reference.
The BAS improvements were included in the 2012 Budget under the Special Projects fund
(480-4180-7050) for $65,000. At the time of the approval, it was unclear whether or not this
work would be substantially complete before the end of the 2012 calendar year, which would
allow payment from the 2012 Budget. However, delays in shipping the equipment and
scheduling the work over the holidays did not allow this to happen, resulting in the need to
amend the 2013 Budget to include these improvements.
Recommendation:
City staff recommends that the City Council adopt the attached resolution amending the 2013
Budget to include expenditures for the previously approved BAS improvements to the
Community Center HVAC system. As previously mentioned, this is a first big step toward a
long-term solution addressing HVAC issues at the facility. The proposed amended amount of
$25,000 covers the $21,605 quote amount, any applicable taxes, and an 8% contingency. Any
use of the contingency will require pre -approval by the Director of Public Works.
Respectfully submitted,
Nick DeBar - ubli Works Director
Additional Background Information:
The Community Center was constructed in three phases between 1997 and 1998.
Construction for the center utilized portions of the existing Bel -Rae Ballroom building that
occupied the site prior to construction. Unfortunately, there were a number of construction and
design issues that occurred during and after construction of the facility for these and other
reasons. Since completion, there have been many issues related to the HVAC system at the
Community Center that have required many hours and expenses to diagnose and repair, with
some that seem to reoccur for unknown reasons. In addition to spent time and costs to
address these issues, there is an "inconvenience" cost with those that work, visit, or rent the
facility spaces.
Res. Amending the 2013 Budget to Include Expenditures for BAS Improvements at Comm. Center
February 11, 2013
Page 2
Public Works has met with a number of mechanical engineering firms and mechanical
contractors the past several years regarding the HVAC deficiencies at the Community Center.
Every one of these firms and contractors has made mention of the outdated building
automation system (BAS) that was installed at initial construction, and recommend upgrading
the system. The BAS is the "brains" of the HVAC system that monitors, adjusts, and controls
the various HVAC components to provide a comfortable indoor air environment. The BAS is
also the interface for Public Works staff (and maintenance contractors) to monitor, adjust, and
troubleshoot various HVAC related issues. The current BAS is a Barber Coleman Network
8000 controls system that is obsolete, and no parts or components are available any longer for
this system.
Public Works evaluated various controls systems for replacing the Barber Coleman system and
recommend a Trane Tracer SC controller. This system is a non-proprietary, open protocol,
operating platform that will allow the various manufacturer controls to be operated by the
system and allow for future expandability with competitive bidding. This will be particularly
useful when likely future improvements are made to address humidity issues and other
recommendations from the current retrocommissioning study. The only other BAS controller
owned by the City is a Trane Tracker for the City Hall building, which can be interfaced with the
Tracer SC controller and accessed via the network in the future.
RESOLUTION 8061
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AMENDING THE 2013 BUDGET TO INCLUDED EXPENDITURES FOR BUILDING
AUTOMATION SYSTEM IMPROVEMENTS AT THE COMMUNITY CENTER
WHEREAS, the existing building automation system is obsolete and does not
appear to be working properly, whereby preventing staff and mechanical contractors
from monitoring, adjusting, and trouble -shooting many HVAC issues; and
WHEREAS, on December 10, 2012 (Res. 8031) the City Council approved Trane
US, Inc. to furnish and install a Trane Tracer SC controller, desktop PC, router, and
Lynxspring JENE panel (including connection to the field panels) for $21,605 plus
applicable taxes, including demolition of the Barber Coleman system, programming,
graphics, trends, alarms, start-up, commissioning, and 16 hours of on-site training; and
WHEREAS, monies for said improvements were included in the 2012 Budget,
but the work did not begin until January 2013 and monies are not included in the 2013
Budget for the improvements, requiring a budget amendment to cover the improvement
costs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. The 2013 Budget is hereby amended to include the addition of $25,000 in the
Special Projects Fund (480-4180-7050) for building automation system
improvements at the Community Center.
Adopted this 11th day of February, 2013
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Administrator
(SEAL)
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:
17504 through 17515 in the amount of $ 56,150.04
132182 through 132262 in the amount of $ 229,268.45
TOTAL AMOUNT OF CLAIMS PRESENTED $ 285,418.49
And has found said claims to be just and correct;
It was moved that the City Council of Mounds View hereby approve the
attached list of claims dated 2/12/2013 by the vote ayes nays.
Triva� Direet
2/05/2013 11:16 AM
DIRECT PAYABLES
CHECK REGISTER
PACKET:
01021 PYRL
02/07/2013 - 8
AMOUNT
156.10
VENDOR
SET: 01 City
of Mounds View
9.97
0
BANK:
PYBNK Western Bank
51.90
017506
51.90
CHECK
CHECK
VENDOR
-----------------------------------------------------------------------------
Z.D.
NAME TYPE
0
DATE
A3035
1,050.29
AFLAC
017509
1,050.29
192.00
I-51020130207
RD103 AFLAC
R
2/07/2013
0
1-52020130207
RD103 AFLAC
R
2/07/2013
A9329
0
Fidelity Security Life
0.00
0.00
I-62020130207
50790-1492 PLAN 980
R
2/07/2013
L0549
Law Enforcement Labor Services,
1-70020130207
Police Union Dues
R
2/07/2013
M6321
MN Benefit Association
I-60020130207
MNBF Ins
R
2/07/2013
M7152
EN Child Support Payment Center
1-99520130207
Case 00015244278 KIRK LEITCH
R
2/07/2013
N0525
643400 - NCPERS Minnesota
I-30020130207
NCPERS Life Ins
R
2/07/2013
P9250
Public Employees Retirement Ass
I-00120130207
PERA 643400
R
2/07/2013
I-00220130207
PERP 643400
R
2/07/2013
*VOID*
017512
VOID CHECK
V
2/07/2013
*VOID*
017513
VOID CHECK
V
2/07/2013
R0896
MN Child Support Payment Ctr.
I-99820130207
Case #14080268 DARRELL MEYER
R
2/07/2013
54107
Secure Benefits Systems Corp.
I-50020130207
Flex Medical
R
2/07/2013
1-50320130207
Flex Daycare
R
2/07/2013
9,280.82 017511
13,949.30 017511 23,230.12
017512 **VOID**
017513 **VOID**
331.37
NO#
CHECK
CHECK
DISCOUNT AMOUNT
---------------------------------------------------
NO#
AMOUNT
156.10
187.00
017505
017515
9.97
0
017505
166.07
51.90
017506
51.90
720.00
0.00
017507
720.00
15.78
0
017508
15.78
1,050.29
017509
1,050.29
192.00
0.00
017510
192.00
9,280.82 017511
13,949.30 017511 23,230.12
017512 **VOID**
017513 **VOID**
331.37
NO#
017514
331.37
267.15
REGULAR CHECKS:
017515
0.00
187.00
26,211.68
017515
454.15
++ B A N K T O T A L S ++
NO#
DISCOUNTS
CHECK AMT
TOTAL APPLIED
REGULAR CHECKS:
9
0.00
26,211.68
26,211.68
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:
11
0.00
26,211.68
26,211.68
CITY OF MOUNDS VIEW
Febrn
Group
$29,9
Inv #
Inv #
Inv #
Inv #
iry 2013 Health Ins
ID PCE10406
38.36
130170431
130170432.
130172409
130172413
THIS INSTRUMENT WHEN SIGNED BY THE VIILAGETREASURER WESTERN DANK 7504
y
City OP SNALL9ECOMEACHECKRAYABLETOTHEORDEROFTHERAYEE & INSURANCE AGENCY O 1 1 5 O 4
NAMED FORTHE AMOUNT STATED.
M01�DS tMEAW
VOIDAFTER90DAYSMOMDATEOFCHECK. MOUNDS VIEW, MN 5511222-fib/960
2401 Highway 10
Mounds View, MN 55112-1499 DATE CHECK NO. AMOUNT
(763)717-4012 01/28/13 17504 $29,938.36
PAY ---TWENTY NINE THOUSAND NINE HUNDRED THIRTY EIGHT DOLLARS AND 36 CENTS---
TOTHE PreferredOne H2Alth Ins
ORDER NW 5881
OF PO Box 1450
Minneapolis MN 55485-5881
11'01750411' 1:0960006611: , 900013811'
PreferredOne Health Ins
Group ID PCH10406
$29,938.36
February 2013
CITY OF MOUNDS VIEW
01'7504
FILE COPY
1/29/2013 12:50 PM DIRECT PAYABLES CHECK REGISTER
PACKET: 01019 LMC manual Check
VENDOR SET: 01 City of Mounds View
BANK: APBNK US Bank
� f� PAGE: 1
** B AN K T 0 T A L S **
CHECK
CHECK
CHECK
VENDOR I.D. NAME
--------------------------------------------------------------------------------------------------------------
TYPE
DATE
DISCOUNT AMOUNT NO#
L5020 League of Minnesota Cities
75.00
HAND97RITTEN CHECKS:
0
1-201301294003 Court Filing Fee PCO016B64
R
1/29/2013
75.00 132182
** B AN K T 0 T A L S **
NO#
DISCOUNTS
CHECK AMT
TOTAL APPLIED
REGULAR CHECKS:
1
0.00
75.00
75.00
HAND97RITTEN 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
CHECK
AMOUNT
75.00
2/07/2013 12:54 PM DIRECT PAYABLES CHECK REGISTER
PACKET: 01024 Manual AP
VENDOR SET: 01 City of Mounds View
BANK: APBNK US Bank
CHECK CHECK
VENDOR I.D. NAME TYPE DATE
----------------------'_---------_ _---------_ ----------__-----------_'_-
52400 City of St. Paul
I-126291 K-9 Training Course Nov.5-30 R 2/12/2013
** 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:
a
0.00
NON CHECKS:
0
0.00
CORRECTIONS:
0
0.00
BANK TOTALS:
1
0.00
PAGE: 1
3'
CHECK CHECK
DISCOUNT AMOUNT NO# AMOUNT
1,000.00 132262 1,000.00
CHECK AMT
TOTAL APPLIED
1,000.00
1,000.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1,000.00 1,000.00
02-07-2013 10:15 AM
C O U N C I L R E P O R T
iA, PAGE:
q
1
DEPARTMENT FUND
VENDOR NAME
DATE
DESCRIPTION
AMOUNT
NON -DEPARTMENTAL GENERAL FUND
Metro Alarm Contractors
1/30/13
Overpmt on Permit
5.00
TOTAL:
5.00
City Council GENERAL FUND
North Metro Mayors Assn.
2/12/13
J.Ericson, J.Flaherty
40.00
TOTAL:
40.00
Elections GENERAL FUND
Ramsey County
12/28/12
2012 Voting System
1,704.55
TOTAL:
1,704.55
Finance GENERAL FUND
Cardmember Service
1/22/13
Seminar, M. Beer
85.00
1/22/13
Seminar, M. Beer
59.95
League of Minnesota Cities
1/28/13
Safety & Loss Workshop M.B
20.00
1/28/13
Safety Loss Workshop D.Jas -
- 20.00
MN GFOA
1/30/13
Membership Renewal
60.00
TOTAL:
244.95
Central Services GENERAL FUND
Desaree Crane
1/28/13
Staff/Council Retreat
22.40
Integra Telecom
1/22/13
Phones-
555.94
Kennedy & Graven, Chartered
1/18/13
Administration
1,341.77
1/18/13
Ordinance Codification
1,109.75
1/18/13
Adjust for Retainer
217.75-
1/18/13
General Employment Matters
126.00
.1/18/13
Utility Franchise Matters
154.00
1/18/13
8379 Red Oak Drive
546.00
League of Minnesota Cities
1/28/13
2013 Safety Class D.Crane
20.00
2/01/13
2013 Safety Class D.Peters
20.00
Ricoh USA, Inc.
1/14/13
Copy Machine
137.53
S & T Office Products, Inc.
1/21/13
Office Supplies
36.72
1/29/13
Supplies
196.22
1/31/13
Office Supplies
139.60
Sensible Office Solutions
1/22/13
Printing Custom
139.00
1/23/13
Custom Name Plate Freichel
10.26
TOTAL:
4,337.44
Community Development GENERAL FUND
Cenex Fleetcard
1/31/13
Fuel
129.37
Kennedy & Graven, Chartered
1/18/13
Velmier/CVS Subdivision
95.00
TOTAL:
224.37
Police - GENERAL FUND
Battery Zone, Inc.
1/31/13
Batteries
93.47
Brighton Veterinary Hospital
1/22/13
Vet Services - Nov -Dec 201
550.00
Cenex Fleetcard
1/31/13
Fuel
1,009.56
Crown Trophy
1/07/13
Plaque for Retiring Bob Ne
85.50
Hughes & Costello
1/31/13
Jan Legal Service
4,424.25
I.A.C.P.
1/09/13
2013 Active Membership
120.00
Law Enforcement Systems, Inc.
1/17/13
Warning Tags -1000
138.00
MN Chiefs of Police Assn.
1/30/13
Permits to Acquire a Hands
117.46
MN Continuing Legal Education
1/23/13
Education K.Demarest
165.00
John Ny Vang
1/16/13
Scene Translator-Case13-20
462.50
P.L.E.A.A.
1/25/13
2013 Dues
35.00
Lynn Peavey Company
1/21/13
PD Supplies
140.10
Positive ID, Inc.
1/18/13
ID Card Printing
46.40
Ramsey County
1/23/13
Jan Fleet Support Fee
115.44
12/31/12
Adverse Weather Handgun Ex
170.00
City of St. Paul
2/01/13
Feb Wireless & RMS Service -
1,685.01
Seel Energy
1/25/13
Sirens
24.88
TOTAL:
9,382.57
02-07-2013 10:15 AM C 0 U N C I L R E P O R T PAGE:
DEPARTMENT FUND
VENDOR NAME
DATE
DESCRIPTION
AMOUNT
Recreation GENERAL FUND
YMCA of Greater Twin Cities
2/04/13
EmmaB Howe YMCA
23,726.05
TOTAL:
23,726.05
Park Maintenance GENERAL FUND
Action Radio & Communications, Inc.
12/20/12
Chg Radios to Narrow Band
105.24
Cenex Fleetcard
1/31/13
Fuel
174.92
G & K Services - St. Paul
1/25/13
Mats & Towels
11.73
1/25/13
Uniforms & Clothing
6.75
2/01/13
Mats & Towels
5.90
2/01/13
Uniforms & Clothing
6.75
Menards
1/30/13
Parks Supplies
93.80
City of Mounds View
12/31/12
City Hall Irrigation
1.59
12/31/12
Greenfield Park
1.59
12/31/12
Silver View Park Irrigatio
1.59
12/31/12
5100 Long Lake Rd.
1.59
12/31/12
Hillview Park
3.39
12/31/12
Groveland Park
3.39
12/31/12
Random Park
68.19
12/31/12
Silver View Park
1.59
12/31/12
Oakwood Park
0.00
Udor USA, Inc.
1/16/13
Paint Pump Athletic Fields
437.65
Xcel Energy
1/25/13
Greenfield Park/Tennis
60.67
1/25/13
Silver Vies✓ Park -Electric
45.52
1/25/13
Lambert Park -Electric
0.00
1/25/13
Random Park Electric
106.69
1/25/13
Warming House -Electric
31.63
1/25/13
Hillview Warming House -Eel
179.72
1/25/13
Hillview Park Warming -Gas
208.91
1/25/13
Random Park -Gas
158.82
1/25/13
2815 Ardan-Electric
100.86
1/25/13
2815 Ardan-Gas
179.30
1/25/13
5590 Quincy St. -Electric
11.09
1/25/13
Lambert Park -5324 Jackson-
401.87
1/25/13
Lambert Park -5324 Jackson-
237.68
1/25/13
Lakeside Park -Electric
11.94
TOTAL:
2,660.36
Public Works Admin GENERAL FUND
Davis Lock & Safe
1/10/13
Keys for File Cabinet
32'.38
Nicholas D. De Bar
1/25/13
Calculator Batteries
10.70
1/25/13
Mileage June -Dec
156.51
1/10/13
Cell Case & Screen Protect
40.15
TOTAL:
239.74
Bldg/Grnds Maintenance GENERAL FUND
All City Elevator, Inc.
2/01/13
Oil & Grease
99.00
G & K Services - St. Paul
1/25/13
Mats & Towels
2.93
1/25/13
Uniforms & Clothing
1.69
2/01/13
Mats & Towels
1.48
2/01/13
Uniforms & Clothing
1.69
Grainger
1/17/13
Repairs to Bead Blaster
109.06
1/17/13
Repairs to Bead Blaster
23.81
1/17/13
Repairs to Bead Blaster
18.42
Green Lights Recycling, Inc.
1/09/13
High Intensity Lamps
355.65
Menards
1/22/13
Plastic Tube for Chairs
10.20
City of Mounds View
12/31/12
Shop Fill Station
10.59
12/31/12
City Hall Building
42.99
12/31/12
Shop Wash Bay
21.39
12/31/12
Shop Building
104.19
02-07-2013 10:15 AM C O U N C I L R E P O R T PAGE: 3
DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT
OceanTech
1/18/13
Electronics Recyling
134.00
Sylvania Lighting Services Corp.
12/31/12
CH Entrance Lights
2,468.00
Xcel Energy
1/25/13
Maintenance Garage-Electri
610.82
1/25/13
Maintenance Garage -Gas
1,903.77
1/25/13
City Hall -Gas
1,996.21
1/25/13
City Hall -Electric
1,588.93
1/25/13
City Hall -Electric
31.77
TOTAL:
9,536.59
Veh/Equip Maintenance GENERAL FUND
Emergency Automotive Tech
1/18/13
PD Squad Pushbummer
221.45
Each Construction Supply, Inc.
1/18/13
Air Filter, Bolt
77.98
Factory Motor Parts Co.
1/15/13
PW #145
32.89
1/04/13.
PD #084
163.99
1/15/13
PD #091
51.77
1/16/13
PW #138
75.62
1/17/13
PW #138
57.11
1/17/13
PD #084
163.99-
1/18/13
PW #507
7.46
Fastenal Company
1/08/13
Screws for Repairs #144
55.91
Friendly Chevrolet, Inc.
1/24/13
PD 4112
190.24
G & K Services - St. Paul
1/25/13
Mats & Towels
7.04
1/25/13
Uniforms & Clothing
4.05
2/01/13
Mats & Towels
3.54
2/01/13
Uniforms & Clothing
4.05
Generator Specialty Co.
1/14/13
PD #084
138.88
Midway Ford Company
1/18/13
PD #085
87.19
State of Minnesota
1/14/13
Inspection Program Decal
24.00
Tousley Ford, Inc.
1/22/13
PW #138
398.67
1/16/13
PD #082
612.26
Yocum Oil Company, Inc.
1/23/13
Test Kits for Testing Oil
25.00
TOTAL:
2,075.11
Street Pavement Mgmt GENERAL FUND
Action Radio & Communications, Inc.
12/20/12
Chq Radios to Narrow Band
105.25
Orman Fleetcard
1/31/13
Fuel
194.67
Dakota County Technical College
1/16/13
Snow Plow Defensive Drivin
400.00
G & K Services - St. Paul
1/25/13
Mats & Towels
11.73
1/25/13
Uniforms & Clothing
6.75
2/01/13
Mats & Towels
5.90
2/01/13
Uniforms & Clothing
6.75
Starts. Consulting Services, Inc.
2/05/13
MV General Eng'r Services
2,558.50
TOTAL:
3,289.55
Snow & Ice Control GENERAL FUND
Fleet Pride
1/10/13
PW 0137
431.40
G & K Services - St. Paul
1/25/13
Mats & Towels
12.90
1/25/13
Uniforms & Clothing
7.43
2/01/13
Mats & Towels
6.49
2/01/13
Uniforms & Clothing
7.43
Kath Fuel Oil Service Co.
1/17/13
Diesel Fuel Additive
26.18
Specialty Turf & Ag
1/16/13
250 Gal Shuttle Deposit
125.00-
1/14/13
Anti -Ice Tru
890.00
TOTAL:
1,256.83
Street Sign Maintenanc GENERAL FUND
G & K Services - St. Paul
1/25/13
Mats & Towels
.4.69
1/25/13
Uniforms & Clothing
2.70
2/01/13
Mats & Towels
2.36
2/01/13
Uniforms & Clothing
2.70
02-07-2013 10:15 AM C O U N C I L R E P O R T PAGE: 4
DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT
Xcel Energy 1/25/13
Traffic Signal -5510 Quincy
32.51
1.59
1/25/13
Traffic Sig. -2234 Hwy.10-E
36.54
Shelter -Electric
1/25/13
Traff.Sig.-2800 Hwy.10-Ele
25.60
Lakeside
1/25/13
Traffic Sig. -2399 Hwy. 10
41.38
1/25/13
Traffic Sig. -2428 Hwy. 10-
41.67
1/25/13
TOTAL:,
190.15
Recreation Cable North Suburban Communications Commissi 1/25/13
2013 City Contribution
27,657.84
2/01/13
TOTAL:
27,657.84
Economic Development Econ Dev Authority Mailing Solutions.
Ramsey County
Recreation Community Center 0 Architect Mechanical, Inc.
Beisswenger's Do It Best
G & K Services - St. Paul
Hirshfield's, Inc.
Integra Telecom
Menards
City of Mounds View
Northern Sanitary Supply
United Rentals Northwest, Inc.
Voss Lighting
Xcel Energy
Banquet Center Community Center 0 YMCA of Greater Twin Cities
YMCA Community Center 0 YMCA of Greater Twin Cities
Recreation Lakeside Park City of Mounds View
Seel Energy
Street Pavement Mgmt Park Dedication Cardmember Service
Community Development Special Projects Kennedy & Graven, Chartered
Stantec Consulting Services, Inc.
Trane
Street Pavement Mgmt Street Improvement Stanton Consulting Services, Inc
12/31/12 4th Qtr UB Mailing 136.70
2/01/13 Sheriff's Sale Cert. 2394C 9.00
TOTAL: 145.70
1/24/13
Repair of Heater on Contac
350.47
1.59
1/28/13
Comm Ctr Daycare Rep. RTU
679.08
Shelter -Electric
1/24/13
Premium Adhesive
5.66
Lakeside
2/05/13
Spot Stain Remover
5.55
1/25/13
Mats & Towels
8.79
1/25/13
Uniforms & Clothing
5.06
2/01/13
Mats & Towels
4.43
2/01/13
Uniforms & Clothing
5.06
1/16/13
Comm Ctr Paint Supplies
88.18
1/22/13
Phones
102.20
1/30/13
Comm Ctr Supplies
17.16
12/31/12
5394 Edgewood Drive
1,361.76
1/22/13
Comm Ctr Supplies
171.96
2/01/13
Repair of Gym Light Dome
163.95
1/25/13
Loop Pins
28.06
1/25/13
Community Center -Electric
1,666.24
1/25/13
Community Center -Gas
2,606.91
1/25/13
Community Center -Electric
2,475.03
TOTAL:
9,745.55
2/04/13 Emma B Howe YMCA 12,967.65
TOTAL: 12,967.65
2/04/13 Emma B Howe YMCA 23,726.05
TOTAL: 23,726.05
12/31/12
Lakeside
Park
1.59
1/25/13
Lakeside
Shelter -Electric
104.59
1/25/13
Lakeside
Pk.3030 Hillview-
11.94
TOTAL:
118.12
1/22/13 Hercules Plastic Chairs -30 700.02
TOTAL: 700.02
1/18/13 Comm Ctr Project 42.00
2/05/13 County Road H Sidewalk 4,766.71
1/22/13 Comm Ctr BAS Upgrade 10,802.50
TOTAL: 15,611.21
2/05/13 2012 Street & Utility Area 7,065.44
2/05/13 2013 Street & Utility Area 37,059.17
TOTAL: 44,124.61
02-07-2013 10:15 AM C O U N C I L R E P O R T PAGE: 5
DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT
Administration Water
Utility Distribution Water
Water Production
Administration
Water
Wastewater
Mailing Solutions.
Action Radio & Communications, Inc.
Beisswenger's Do It Best
Penes Fleetcard
Ferguson Waterworks #2516
FleetPride
G & K Services - St. Paul
Gopher State One -Call, Inc.
Indelco Plastics Corp.
Integra Telecom
Menards
MN AWWA
MN Rural Water Assn.
City of Mounds View
Ramsey County
Xcel Energy
Barr Engineering Company
MN DNR Eco -Waters
Xcel Energy
Mailing Solutions.
Utility Distrbution Wastewater Action Radio & Communications, Inc.
Beisswenger's Do It Best
Cenex Fleetcard
Factory Motor Parts Co.
12/31/12 4th Qtr UB Mailing
TOTAL:
12/20/12 Chg Radios to Narrow Band
1/08/13 Black Plug
1/31/13 Fuel
1/23/13 2 Rep Clamps
1/22/13 Repair Parts for Well #5
1/25/13 Mats & Towels
1/25/13 Uniforms & Clothing
2/01/13 Mats & Towels
2/01/13 Uniforms & Clothing
1/31/13 20 Locates
1/22/13 Supplies
1/22/13 Phones
1/11/13 Well #5 Control Valve Line
1/16/13 Poly Pusher, Vacuum Breaks
1/18/13 Repair Parts Well #5
1/18/13 Wtr Operators Class Hiatt
2/12/13 Wtr Operators Class Vacek
2/12/13 Wtr Operator Class Fleisch
2/12/13 Wtr Operator Class Fredher
2/12/13 Technical Conf. D. Peterso
2/12/13 Technical Conf B. Brisbois
2/12/13 Technical Cont. M. Schnur
12/31/12 Well #2 Irrigation
12/31/12 Booster Station Irrigation
12/31/12 7545 Groveland Road
1/23/13 January Support Fee
1/25/13 Well #4 -Gas
1/25/13 Well #6 -Gas
1/25/13 Booster Station -Gas
1/25/13 Well #5 -Gas
1/25/13 Well #3 -Gas
1/25/13 Well #2 -Gas
1/25/13 Well #2 -Gas
TOTAL:
1/25/13 Part 2, WHPP
12/31/12 Annual Report of Usage
1/25/13 Booster Station -Electric
1/25/13 Well #5 Load -Electric
1/25/13 Well #6 Load -Electric
1/25/13 Well #4-Elec.
1/25/13 Well #1 -Electric
1/25/13 Well #2 -Electric
TOTAL:
95.86
95.86
105.25
1.06
179.14
294.58
12.54
22.28
12.83
11.21
12.83
17.50
9.36
33.70
8.00
64.01
7.14
175.00
175.00
175.00
175.00
195.00
195.00
195.00
1.59
1.59
1.59
15.60
91.77
345.97
219.92
294.74
290.18
147.63
0.00
3,487.01
7,522.50
6,799.20
1,923.65
1,023.70
2,342.64
44.48
271.89
2,378.84
22,306.90
12/31/12 4th Qtr UB Mailing 95.86
TOTAL: 95.86
12/20/12
Chg Radios to Narrow Band
105.25
1/22/13
Safe BID Spray Paint
8.44
1/22/13
Gloss Navy Spray Paint
5.34
1/31/13
Fuel
65.92
1/22/13
PW #734
79.56
02-07-2013 10:15 AM C 0 U N C I L R E P O R T PAGE: 6
DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT
GRAND TOTAL: 228,193.45
TOTAL PAGES: 6
G & K Services - St. Paul
1/25/13
Mats & Towels
22.28
1/25/13
Uniforms & Clothing
12.83
2/01/13
Mats & Towels
11.21
2/01/13
Uniforms & Clothing
12.83
Gopher State One -Call, Inc.
1/31/13
20 Locates
17.50
Xcel Energy
1/25/13
Lift Station #1 -Electric
72.65
1/25/13
Lift Station 02
99.13
TOTAL:
512.94
Street Lighting
Street Lighting
Xcel Energy
1/25/13
Street Light -8228 Sp.Lk.Rd
21.20
1/25/13
2650 Hwy.10-Electric
143.63
1/25/13
2530 Hwy.10-Electric
149.25
1/25/13
2383 Hwy.10-Electric
118.98
1/25/13
2699 Hwy.10-Electric
177.98
1/25/13
2221 Rwy.10-Electric
158.13
1/25/13
2551 Highway 10 -Electric
144.99
1/25/13
2547 Highway 10 -Electric
145.34
1/25/13
Street Lighting
"6,564.76
TOTAL:
7,624.26
Surface Water
Surface Water
Cenex Fleet card
1/31/13
Fuel
191.67
G & K Services - St. Paul
1/25/13
Mats & Towels
11.14
1/25/13
Uniforms & Clothing
6.41
2/01/13
Mats & Towels
5.61
2/01/13
Uniforms & Clothing
6.41
Stantec Consulting Services,
Inc.
2/05/13
MV Stormwater General
29.50
TOTAL:
250.74
Street Cleaning
Surface Water
Action Radio & Communications, Inc.
12/20/12
Chg Radios to Narrow Hand
105.25
G & K Services - St. Paul
1/25/13
Mats & Towels
1.74
1/25/13
Uniforms & Clothing
1.00
2/01/13
Mats & Towels
0.88
2/01/13
Uniforms & Clothing
1.00
TOTAL:
109.87
_______________
FUND TOTALS
100
GENERAL FUND
58,913.26
210
Cable
27,657.84
230
Econ Dev Authority
145.70
252
Community Center Oper.
46,439.25
255
Lakeside Park
118.12
451
Park Dedication
700.02
480
Special Projects
15,611.21
485
Street Improvements
44,124.61
700
Water
25,889.77
730
Wastewater
608.80
740
Street Lighting
7,624.26
745
Surface Water
360.61
GRAND TOTAL: 228,193.45
TOTAL PAGES: 6