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HomeMy WebLinkAboutCC PACKET 10222013CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA October 22, 201.3 7:00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration. Discussion, and Possible Action on All of the following items: I. Approval of the October 22, 2073, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. None. III. Consent Agenda. These items are considered routine and will be enacted by one motion. Then will be no separate discussion of these items unless a Councilmember or citizen so requests, in which the item will be removed from the Consent Agenda and placed elsembere on the agenda. A. Approval of October 8, 2013, Council Meeting Minutes. (pp. 1-6) B. Licenses and Permits. (pp. 7-8) C. Claims. (pp. 9-12) D. Resolution 13-068; a Resolution Approving a joint Powers Agreement with Ramsey County for a New Voting System Acquisition and Operation. (pp. 13-36) IV. Public Hearing. Noire. V. Reports from Commission and Staff. None. VI. General Business of Council. A. Presentation by Hennepin County Commissioner Linda Higgins. B. Appeal of City Ordinance 97.12; Decks. Mark Casey, City Manager is presenting. (pp. 37-40) VII. Reports from City Manager and Council members. VIII. Community Forum. Indirridualr may address !fie City Coxncil aboxt any item not inckrded an the rzgular agenda. Speakers air rzguested to come to the fiodiarrn, sign their name and address on the form at the podium, state their name and address for the Clerk : record, and limit their remarks to fare minutes. Generally, the City Council will not take ficial action on items discussed alibis time, but may typical!# refer the matter to staff for a firtrtre report or direct the matter lobe srbeduled on an upcoming agenda. IX. Information and Announcements. X. Adjournment. Our Mission is to be a progressive and livable community, a xvalkable village, which is sustainable, safe and secure. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 8, 2013 CALL TO ORDER. Mayor Faust called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. ROLL, CALL. Present: Mayor Faust; Councilmembers Gray, Jenson, Roth and Stille. Absent: None. Also Present: City Manager Mark Casey and City Engineer Todd Hubmer. Guest: None. CONSIDERATION, DISCUSSION, AND POSSIBLF, ACTION ON ALL OF THE FOLLOWING ITEMS. I. APPROVAL OF OCTOBER 8, 2013, CITY COUNCIL MEETING AGENDA. Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City Council Meeting Agenda of October 8, 2013. Motion carried unanimously. II. PROCLAMATIONS AND RECOGNITIONS - NONE. III. CONSENT AGENDA. A. Consider September 24, 2013, Council meeting minutes; B. Consider licenses and permits; and C. Consider payment of claims. D. Resolution 13-064: Approval of the Election Judees for the 2013 Municipal and School Board election. E. Resolution 13-065• Certifying the Outstanding Utility Accounts for Hennepin County. F. Resolution 13-066• Certifying the OutstandingIJtility Accounts for Ramsey County. Motion by Councilmember Gray, seconded by Councilmember Stille, to approve the Consent Agenda items. IV. PUBLIC HEARING - NONE. V. REPORTS FROM COMMISSION AND STAFF Motion carried unanimously. 1 2City Council Regular Meeting Minutes October 8, 2013 Page 2 A. Ordinance 2013-02; an Ordinance Amending Chapter 152.187to Include Provisions Pertaining to Solar Energy Svstems. Brain Heinis, Planning Commissioner presenting. 4 Planning Commissioner Heinis summarized the ordinance amendments proposed to Chapter 5 152.187 regarding solar energy systems. He defined solar energy equipment and reviewed the 6 areas in which the amendments would provide benefit including appropriate locations for the 7 equipment, ensuring that the equipment is installed in a manner that allows for effective energy 8 production, and to ensure that the equipment would be compatible with the character of the 9 community. 10 11 Councilmember Stille referenced the easement language and asked for additional information. 12 13 City Manager Casey clarified the easement language noting that the intention was to provide a 14 reference point. 15 16 Councilmember Jenson also referenced easements and questioned what would occur if a new 17 owner were to purchase a property on which someone had purchased an easement from the prior 18 owner of the property. 19 20 Councilmember Stille advised that once an easement is purchased the easement is permanent and 21 the new property owner would not have the ability to remove that easement. 22 23 Councilmember Jenson referenced the Conditional Use Permit (CUP) language and asked for 24 additional information. 25 26 Planning Commissioner Heinis explained that a CUP would allow for flexibility that could 27 include new equipment that becomes popular in the future. 28 29 City Manager Casey provided additional information regarding the CUP language and stated that 30 there is criteria included in the language regarding the effect the equipment would have on the 31 neighboring properties. 32 33 Motion by Councilmember Jenson, seconded by Councilmember Roth, to approve Ordinance 34 2013-02; An Ordinance Amending Chapter 1552.187 to Include Provisions Pertaining to Solar 35 Energy Systems. 36 37 Further discussion: Councilmember Gray noted that the intent of the City is not to make it more 38 difficult or discourage residents from utilizing solar energy but merely to develop guidelines 39 similar to any other City policies in place. 40 41 Motion carried unanimously. 42 43 VI. GENERAL BUSINESS OF COUNCIL. 44 45 A. Fire Prevention Week Presentation. John Malenick, Fire Chief, presenting. 46 City Council Regular Meeting Minutes October 8, 2013 Page 3 1 Fire Chief Malenick thanked the Council for the time to make this presentation tonight during 2 Fire Prevention Week. He noted that members of his department will focus on two fire 3 prevention programs tonight; the first aimed at businesses while the other is aimed at citizens, 4 mainly seniors and children. 6 Acting Fire Marshall Fuller stated that according to the City Code the Fire Marshall's main job is 7 fire prevention. He reported that his staff is certified with the State as Fire Inspector 1. He 8 referenced the Fire Code that is currently followed by the Department and noted that a newer 9 version of the Code will soon be introduced and will include a few updates as well as additional 10 information on sprinklers. He reported that all new businesses coming into the city are inspected 11 by both the City and the Fire Department. He noted that all apartment buildings are inspected on 12 an annual basis while other businesses are inspected on a cycle dependent upon their fire risk. 13 He reviewed the organizations inspected by the State and noted that the Fire Department may 14 attend some of those inspections in the future in order to become more familiar with the building. 15 He stated that the Department also conducts inspections upon complaints. He reviewed some of 16 the training that he and his staff attend and noted that in the future he would recommend 17 additional training. He advised of his goals for the future, which include the creation of a 18 voluntary home inspection and follow up programs. 19 20 Acting Captain Sitarz discussed the fire prevention and education program, which focuses on 21 preschool through fourth grade and noted that the program is built in steps appropriate for each 22 grade level. He advised that during the past year through the program there were 180 students 23 certified in CPR, noting that the school staff is also certified. He discussed fire safety measures 24 conducted for businesses including fire extinguisher training. He advised that fire safety 25 measures for senior education focuses on fall and slip prevention, among other things. He noted 26 that the Fire Department will be hosting an Open House this Saturday, October 12°1 from 1:00 to 27 4:00 p.m. and welcomed all members of the public. He advised of the public safety and 28 education fund within the Department. He explained that currently the department is able to 29 offer public safety and education, including CPR certification, to those within the community at 30 a reduced rate. He noted that the Police Department currently receives this service from the Fire 31 Department. He explained that the fund allows the department to provide a vital service to the 32 community at a reduced rate and is then able to use the funds generated to reinvest in the 33 department and its public education efforts. 34 35 Councilmember Roth questioned the lifespan of a home fire alarm. 36 37 Acting Captain Sitarz stated that would depend upon the manufacturer but the typical range is 38 between seven to ten years, noting that a fire alarm should not be kept longer than ten years. 39 40 B. Resolution 13-067• a Resolution Awarding a Bid for the Silver Lake Storm Water 41 Treatment System. Todd Hubmer, WSB & Associates presentinil. 42 43 City Engineer Hubmer presented the request to approve a resolution awarding the bid for the 44 Silver Lake storm water treatment system. He provided background information on the project, 45 which is included in the Silver Lake water quality improvement and the RCWD Permit for street 46 reconstruction. He provided additional information regarding the current and historical water 47 quality in Silver Lake and compared that to the State standards. He reported that the project is 3 4C'ity Council Regular Meeting Minutes October 8, 2013 Page 4 1 proposed to be located in the north pond and explained the treatment of water that will occur in 2 order to discharge the pollutants to the sanitary sewer. He reported that 60 percent of the project 3 is being funded through grants and noted that there will be annual operating costs in the range of 4 $15,000 to $20,000 per year. He noted that this project will not only improve the water quality 5 of Silver Lake but also in the neighboring ponds. He reviewed the project schedule, noting that 6 work is scheduled to begin this fall. 8 Councilmember Gray referenced the water quality of Silver Lake and noted that the disc readings 9 are almost cyclical. 10 11 City Engineer Hubmer explained that Silver Lake appears to be stuck in a turbid state, which 12 does account for the results. 13 14 Councilmember Roth asked for additional information regarding the chemicals and questioned if, 15 after treatment, the water would be drinkable. He questioned if the chemicals could become 16 reactive underground. 17 18 City Engineer Ilubmer stated that although the water coming out the treatment area would be 19 clear, the chemicals would not remove pathogens and therefore you should not drink the water. 20 Ile confirmed that the chemicals were not flammable. 21 22 Councilmember Jenson questioned the type of maintenance and upkeep that would be required 23 for the equipment. 24 25 City Engineer Ilubmer reported that the pumps have a lifespan of ten to 15 years and the typical 26 cost for replacement would range from $1,500 to $2,000. 27 28 Motion by Councilmember Stills, seconded by Councilmember Jenson, to approve Resolution 29 13-067; a Resolution Awarding a Bid for the Silver Lake Storm Water Treatment System. 30 31 Motion carried unanimously. 32 33 C. 2013 Goals Update. Mark Casey, City Manager presenting. 34 35 City Manager Casey advised that earlier this year the Council completed a strategic planning 36 session in which goals were set and action items were developed. He briefly reviewed some of 37 the goals developed by the Council and acknowledged the progress that has been made on the 38 action items. 39 40 Mayor Faust stated that upon review there were 59 action items and progress has been made on 41 50 of those items. He explained that some of the remaining nine action items are items that 42 require outside assistance. 43 44 Councilmember Stille noted that if the goal setting session were not completed in January, and if 45 the report was not updated, the Council would not be able to gauge the progress that has been 46 made year to date. 47 City Council Regular Meeting Minutes October 8, 2013 Page 5 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. City Manager Casey reported that the City street improvement work is wrapping up and thanked the residents for their patience during the road construction. Councilmember Gray reported that he attended the September 30°i Council Worksession and also attended the North Suburban Communication meeting on October 3`d. 9 Councilmember Jenson reported that he also attended September 30°i Council Worksession a 11 Councilmember Roth reported that he also attended the Council Worksession on September 30°i 12 13 Mayor Faust acknowledged that the full Council attended the Worksession meeting that took 14 place on September 30°i. He noted that he also attended the League of Minnesota Cities Annual 15 Planning Conference meeting on October 4°i and thanked staff for their participation. 16 17 VIII. COMMUNITY FORUM. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Mayor Faust invited residents to come forward at this time and address the Council on items that are not on the regular agenda. Hearing none, Mayor Faust moved forward with the agenda. IX. INFORMATION AND ANNOUNCEMENTS - NONE. Mayor Faust welcomed all residents to attend the Fire Department Open House this Saturday from 1:00 to 4:00 p.m. X. ADJOURNMENT. Mayor Faust adjourned the meeting at 7:50 p.m. Respectfully submitted, Amanda Staple (TimeSaver Of�:Site Secretarial, Inc.) ATTEST: City Clerk Mayor 5 TEAS PAGE LEFT INTENTIONALLY BLANK Saint Anthony Village DATE: October 22, 2013 Approved: TO: Mayor and Couneilmembers FROM: License Clerk ITEM: License and Permits for Approval: Heating & Air Conditioning License: Air Mechanical, Ham Lake, MN Freedom Heating & Air Conditioning, Ilain Lake, MN Metro Heating & Cooling, Maplewood, MN Motor Vehicle Starting License: Applicant: Murphy's Service Center Location: 3501 29°i Ave Applicant: Twin Cities "Transport & Recovery Location: 3201 Stinson Blvd Rental License: Applicant: Northern Gopher Enterprises Location: 3200 — 3225 Diamond Eight Ter Applicant: Invitation Homes Location: 3913 Fordham Dr Applicant: Ben Christensen Location: 3621 Harding St Applicant: Richard Herrmann Location: 2601 Kenzie Ter #512 Applicant: Cloquet Holdings Location: 3513 Maplewood Dr 7 B THIS PAGE LEFT INTENTIONALLY BLANK E City of St Anthony Village Vendor Number CITY OF ST ANTHONY CHECK REGISTER Check Issue Dates: 10/11/2013 - 10/23/2013 Page: 1 Oct 16, 2013 03:19PM Payee Check Number Check Issue Date Amount 11809 CITY OF ST. ANTHONY SUNSHINE FUND 21520 10/11/2013 230.00 10710 ICMA RETIREMENT TRUST 21521 10/11/2013 2,135.82 11792 INTERNATIONAL UNION LOCAL #49 21522 10/11/2013 393.00 11793 LAW ENFORCEMENT LABOR SERVICES 21523 10/11/2013 900.00 10002 LOCAL UNION IAFF #3486 21524 10/11/2013 315.00 11808 SAPID ASSOCIATION 21525 10/11/2013 567.00 1000 612BREW LLC 21526 10/23/2013 560.00 10008 AA BATTERY CO 21527 10/23/2013 54.57 10054 ALLIANCE MECHANICAL 21528 10/23/2013 2,405.76 10056 ALLIED MEDICAL PRODUCTS 21529 10/23/2013 50.94 10081 ANCOM COMMUNICATIONS 21530 10/23/2013 216.42 10087 ANOKA COUNTY SHERIFF'S OFFICE 21531 10/23/2013 1,068.75 10092 APACHE GROUP 21532 10/23/2013 1,247.90 1100 ARTISIAN BEER COMPANY 21533 10/23/2013 1,039.00 10116 ASPEN WASTE SYSTEMS INC 21534 10/23/2013 114.77 1013 BELLBOY CORPORATION 21535 10/23/2013 17,451.57 1014 BELLBOY CORPORATION 21536 10/23/2013 71.17 1035 BERNICK'S WINE 21537 10/23/2013 805.50 10175 BLAINE LOCK & SAFE INC. 21538 10/23/2013 130.00 10188 BRAKE & EQUIPMENT WAREHOUSE 21539 10/23/2013 29.79 10206 BROCK WHITE COMPANY LLC 21540 10/23/2013 981.45 10218 BUREAU OF CRIM APPREHENSION 21541 10/23/2013 510.00 1114 CANNON RIVER WINERY 21542 10/23/2013 132.00 1017 CAPITOL BEVERAGE SALES 21543 10/23/2013 17,321.79 10252 CENTERPOINT ENERGY 21544 10/23/2013 727.84 11898 CENTERPOINT ENERGY 21545 10/23/2013 1,633.42 10263 CENTURYLINK 21546 10/23/2013 716.70 10276 CITY OF COLUMBIA HEIGHTS 21547 10/23/2013 803.66 10290 CITY OF NEW BRIGHTON 21548 10/23/2013 2,380.00 10293 CITY OF ROSEVILLE 21549 10/23/2013 7,927.07 10306 CITY WIDE WINDOW SERVICE INC 21550 10/23/2013 85.66 10326 COMMERS CONDITIONED WATER 21551 10/23/2013 144.62 1042 CRYSTAL SPRINGS ICE 21552 10/23/2013 260.84 11901 CURTNER, BETTY 21553 10/23/2013 35.73 10438 D ROCK CENTER & SMALL ENG 21554 10/23/2013 113.70 10412 DICKSON ELECTRIC 21555 10/23/2013 2,320.00 11796 DO GOOD BIZ INC 21556 10/23/2013 366.34 10473 EMERGENCY APPARATUS 21557 10/23/2013 522.22 10483 ESS BROTHERS & SONS INC. 21558 10/23/2013 283.75 10485 EULL'S MANUFACTURING CO., INC. 21559 10/23/2013 76.86 11870 FEDEX 21560 10/23/2013 9.60 10508 FERGUSON WATERWORKS 21561 10/23/2013 3.97 8545 FLAT EARTH BREWING CO 21562 10/23/2013 212.00 10526 FLEETPRIDE 21563 10/23/2013 5.83 11899 FORCE AMERICA DISTRIBUTING, LLC 21564 10/23/2013 155.03 10550 G & K SERVICES INC 21565 10/23/2013 1,514.38 1110 GENERAL INDUSTRIAL SUPPLY CO 21566 10/23/2013 38.55 10578 GOPHER STATE ONE CALL 21567 10/23/2013 297.00 .1032 GRAPE BEGINNINGS, INC. 21568 10/23/2013 836.50 10638 HEIGHTS NORTHEAST WELDING, INC 21569 10/23/2013 395.00 10642 HENN CNTY INFO TECH DEPT 21570 10/23/2013 2,697.38 10661 HENNEPIN COUNTY TREASURER 21571 10/23/2013 302.92 1019 HOHENSTEIN'S, INC 21572 10/23/2013 5,442.36 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 10/11/2013- 10/23/2013 Oct 16, 2013 03:19PM Vendor Number Payee Check Number Check Issue Date Amount 10684 HOME DEPOT CREDIT SERVICES 21573 10/23/2013 211.54 1027 INDEED BREWING COMPANY 21574 10/23/2013 315.00 10727 INLAND TRS PROPERTY MANAGEMENT 21575 10/23/2013 2,959.48 10733 INSTRUMENTAL RESEARCH, INC. 21576 10/23/2013 85.50 10774 JERSEY MIKE'S SUBS 21577 10/23/2013 184.41 1016 JJ TAYLOR DISTRIBUTING 21578 10/23/2013 38,462.83 1004 JOHNSON BROTHERS LIQUOR CO. 21579 10/23/2013 39,080.83 1005 JOHNSON BROTHERS LIQUOR COMPANY. 21580 10/23/2013 4,024.96 1006 JOHNSON BROTHERS LIQUOR COMPANY. 21581 10/23/2013 4,971.05 1044 JOHNSON BROTHERS LIQUOR COMPANY. 21582 10/23/2013 1,575.25 10797 KONICA MINOLTA BUSINESS 21583 10/23/2013 29.49 10851 LILLIE SUBURBAN NEWSPAPER 21584 10/23/2013 618.76 10857 LMCIT % BERKLEY ADMINISTRATORS 21585 10/23/2013 2,067.41 10861 LOFFLER BUSINESS SYSTEMS 21586 10/23/2013 985.55 10916 MENARDS LUMBER 21587 10/23/2013 8.37 10940 MIDWEST ASPHALT CORPORATION 21588 10/23/2013 249.79 11074 MTI DISTRIBUTING, INC 21589 10/23/2013 50.67 11110 NEWMAN TRAFFIC SIGNS 21590 10/23/2013 257.30 11121 NORSK CONCRETE 21591 10/23/2013 500.00 11131 NORTH SUBURBAN ACCESS CORPORATION. 21592 10/23/2013 593.22 11137 NORTHEASTER NEWSPAPER 21593 10/23/2013 949.00 11163 OFFICE DEPOT 21594 10/23/2013 384.34 1049 OLVALDE FARM AND BREWING CO 21595 10/23/2013 330.00 11186 PAETEC 21596 10/23/2013 103.50 1012 PAUSTIS & SONS 21597 10/23/2013 1,064.04 11211 PETTY CASH - U.S. BANK 21598 10/23/2013 188.13 1001 PHILLIPS WINE & SPIRITS 21599 10/23/2013 17,970.76 1002 PHILLIPS WINE & SPIRITS 21600 10/23/2013 2,491.00 11852 PHYSIO CONTROL INC 21601 10/23/2013 2,728.08 11225 PLEAA ATTN: J. FORBORD 21602 10/23/2013 70.00 11226 PLETSCHER'S GREENHOUSE INC 21603 10/23/2013 75.52 11246 PRAXAIR 21604 10/23/2013 35.26 11309 RAMY TURF PRODUCTS 21605 10/23/2013 32.06 11318 RECHECK 21606 10/23/2013 15.00 11352 ROYAL CONCRETE PIPE INC 21607 10/23/2013 197.72 11366 SAM'S CLUB 21608 10/23/2013 587.10 11412 SIMPLEXGRINNELL 21609 10/23/2013 456.64 11413 SIRCHIE FINGER PRINT LABS, INC 21610 10/23/2013 86.01 11425 SORBY/JAN 21611 10/23/2013 89.99 1008 SOUTERN WINE & SPIRITS -AMERICAN DIVISION 21612 10/23/2013 659.50 1036 SOUTHERN - WCW 21613 10/23/2013 323.45 1026 SOUTHERN LIQUOR 21614 10/23/2013 2,200.57 1024 SOUTHERN WINE & SPIRITS - LAKES DIVISION 21615 10/23/2013 4,424.16 11464 ST. ANTHONY VILLAGE KIWANIS 21616 10/23/2013 129.00 11496 STINSON ELECTRIC, INC 21617 10/23/2013 168.00 11537 TASC - CLIENT INVOICES 21618 10/23/2013 100.00 11539 TAUTGES REDPATH, LTD. 21619 10/23/2013 1,300.00 11566 TIMESAVER OFF SITE SECRETARIAL 21620 10/23/2013 238.00 11586 TRACY PRINTING 21621 10/23/2013 948.83 .11626 U.S. BANK (PURCHASING CARD) 21622. 10/23/2013 3,432.01 11637 UNITED ELECTRIC COMPANY 21623 10/23/2013 43.22 11674 VERIZON WIRELESS 21624 10/23/2013 283.06 11682 VIKING INDUSTRIAL CENTER 21625 10/23/2013 59.01 1 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 10/11/2013 - 10/23/2013 Oct 16, 2013 03:19PM Vendor Number Payee Check Number Check Issue Date Amount 1037 VINE LINE DISTRIBUTION 21626 10/23/2013 160.00 1025 VINOCOPIA 21627 10/23/2013 1,040.78 11699 WAL-MART BUSINESS CENTER 21628 10/23/2013 217.58 11900 WARNING LITES OF MN INC 21629 10/23/2013 277.34 11704 WASTE MANAGEMENT OF WI -MN 21630 10/23/2013 528.48 1034 WINE COMPANY/THE 21631 10/23/2013 3,074.50 1023 WINE MERCHANTS INC 21632 10/23/2013 713.46 1038 WINE MERCHANTS INC 21633 10/23/2013 113.51 1011 WIRTZ BEVERAGE - (GRIGGS) 21634 10/23/2013 23,496.57 1009 WIRTZ BEVERAGE MINNESOTA 21635 10/23/2013 11,015.22 1018 WIRTZ BEVERAGE MINNESOTA 21636 10/23/2013 13,170.79 11738 WSB & ASSOCIATES, INC. 21637 10/23/2013 47,361.75 11740 XCEL ENERGY 21638 10/23/2013 15,128.21 11747 YOCUM OIL COMPANY, INC. 21639 10/23/2013 19,667.41 Grand Totals: 354,401.10 12 THIS PAGE LEFT INTENTIONALLY BLANK 13 *Ia T Report Date: Meeting Date: 1ZEQl LAST FOTO COl LNCIL CONSID6 P\14 TION October 22, 2013. October 22, 2013 Resolution 13-068; a Resolution Approving a Joint Powers Agreement with Ramsey County for a New Voting System Acquisition and Operations. REVIEW: Ramsey County will be purchasing a new Voting System in 2014. Before you tonight is a Joint Powers Agreement with Ramsey County for the Acquisition of the new equipment. St. Anthony's municipality project implementation liaison will be St. Anthony's City Clerk. There will be a one-time cost for these machines as well as an annual maintenance cost. These costs are outlined in Appendix C. The one-time cost to purchase these machines has been appropriated in the upcoming 2014 Budget. 14 THIS PAGE LEFT INTENTIONALLY BLANK CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 13-068 A RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH RAMSEY COUNTY FOR A NEW VOTING SYSTEM ACQUISITION AND OPERATION WHEREAS, St. Anthony Villagers partially located in Ramsey County; and WHEREAS, the City of St. Anthony Village uses Ramsey County voting equipment for all elections that pertain to Ramsey County; and WHEREAS, Ramsey County will be acquiring a new voting system in 2014; and WHEREAS, Ramsey County will extinguish all Help America Vote Act (NAVA) funds that are currently available for this acquisition; and WHEREAS, Ramsey County will initially purchase the equipment and all Ramsey County municipalities will reimburse Ramsey County for their portion of the equipment as outlined in Schedule C. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village approves a joint powers agreement with Ramsey County for a new voting system acquisition and operation. Adopted this 22nd day of October, 2013. I.7 Barbara J. Suciu, City Clerk Reviewed for administration: Jerome O. Faust, Mayor Mark Casey, City Manager 15 16 THIS PAGE LETT INTENTIONALLY BLANK Eyl JOINT POWERS AGREEMENT FOR NEW VOTING SYSTEM ACQUISITION AND OPERATION This Agreement is made by and between Ramsey County, through the Ramsey County Elections Office (hereinafter "County"), and the cities of Arden Ilills, Falcon Heights, Gem Lake, Lauderdale, Little Canada, Maplewood, Mounds View, New Brighton, North Oaks, North St. Paul, Roseville, St Anthony, St. Paul, Shoreview, Vadnais Heights, and White Bear Lake and White Bear Township (collectively referred to as the "Municipalities"). WHEREAS, the County and the Municipalities ("Parties") are "governmental units" as defined in Minn. Stat. §471.59; and WHEREAS, pursuant to Minn. Stat. §471.59, the Parties, through actions of their governing bodies, are authorized to enter into a joint powers agreement for the exercise of commonly held or similar powers; and WHEREAS, the Parties entered into a Joint Powers Agreement in 2001 for the purchase and operation of a new voting system, with a ten year term and automatic two year extensions; and WHEREAS, pursuant to the provisions of the 2001 Joint Powers Agreement, the County prepares ballots and compiles election results for all state, federal, county, municipal and school district elections for the Municipalities; and WHEREAS, efficient ballot preparation and the timely compilation of election results depend upon the use of a uniform voting system throughout the County, and the use of a uniform voting system for all elections enhances election judge and voter understanding of the voting process and helps to provide equitable treatment for all voters, regardless of the type of election; and W 1 IEREAS, Congress mandated the use of an assistive ballot marking device in all polling places and in- person absentee voting locations for use by voters with disabilities, through enactment of the Help America Vote Act of 2002 ("NAVA"); and WHEREAS, the Minnesota Legislature mandated the central counting of all absentee ballots under uniform state laws and procedures in Laws of Minnesota 2010, Chapter 194, effective in 2010; and WHEREAS, the Parties have reached agreement on 1) the need to replace the existing voting system and to implement a new voting system throughout the County in time for use for the 2014 state elections; and 2) the funding formula for the new voting system; and WHEREAS, state funds for the acquisition and operation of voting systems originating from grants received by the County under the Help America Vote Act must be expended by the County no later than March 31, 2014, or be returned to the State of Minnesota; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the parties agree as follows: Joint Powers Agreement fmNew Voting System -2013 Page 1 of 19 I :: I. PURPOSE The purpose of this Joint Powers Agreement is to establish and describe the roles and responsibilities of the County and the Municipalities in connection with the acquisition, implementation, and operation of a new voting system for use throughout Ramsey County ("Project"), including equipment that will be owned and operated by the County and equipment that will be owned and operated by the Municipalities. IL COUNTY ROLES AND RESPONSIBILITIES -SYSTEM IMPLEMENTATION A. General The County will provide the services, materials, and equipment necessary to procure and implement a replacement voting system ("System") in Ramsey County, including software, hardware, materials, ballot printing, and other services as further described in this Agreement. Services may be provided directly by County staff or by outside vendors, as determined by the County. 13. System Description The System will have the following functionalities: e The capability to create ballot styles for each precinct based on the appropriate contests and candidates and to generate ballots by either creating a print file that may be sent to a vendor or by printing ballots in the County offices; D The capability to program memory devices for each precinct for an election that will, when inserted into a ballot counter or ballot marking device, properly record the votes on ballots cast in that precinct, reject ballots that are not from that precinct or which do not have the proper validation marks, return to the voter ballots which contain an overvote or a crossover vote, and perform all other actions required by the Minnesota election law; Y The capability to count absentee ballots at a central location in the County or at one or more Municipalities, at the option of each of the Municipalities, and to generate reports noting the number of absentee ballots counted for each precinct; • The capability to accumulate votes on ballot counters located in each precinct on election day, at other locations prior to election day, and from absentee ballot counting centers, to protect voted ballots in a sealed ballot box; to generate paper tapes of election results for review and certification by election judges; and to electronically upload or transmit election results to the County; and • The capability to compile election results. from electronically transmitted files from each precinct through use of the memory device which recorded votes from the precinct and/or from the election result's tape; to create an Joint Powers Agreement for New Voting System — 2013 Page 2 of 19 election results database that may be used for displaying results on the County website; and to generate needed reports for certification of election results. The System must be certified by the Minnesota Secretary of State in accordance with the provisions of Minn. Stat. §206.57, subd. I and Minnesota Rules chapter 8220. C. System Equipment The County will purchase System hardware and software (collectively referred to as the "System Equipment") as initially needed for use of the System by the County and the Municipalities. The System Equipment to be purchased by the County for implementation of the System under the terms of this Agreement is listed as the System Equipment Costs — Total in the System Equipment List, attached hereto and made a part of this Agreement as Appendix A. D. Implementation Services The County will provide services, including training, related to the implementation of the System by the County and the Municipalities, as described in Appendix B -Implementation Services, attached hereto and made a part of this Agreement. 2. 'file County will provide implementation project management services through a Project Manager. Joe Mansky, or his designee, shall serve as project Manager for the County. 3. The goal is to have the System implemented and ready for use by the County and the Municipalities in time for the 2014 state primary. At the discretion of the County, the implementation of the System may be delayed for initial use at the 2015 city and school district elections. COUNTY ROLES AND RESPONSIBILITIES -POST IMPLEMENTATION OPERATING SERVICES A. General Following System implementation, the County will perform the duties described in Sections III. B. through E. (collectively, "Operating Services") either directly by County staff or by outside vendors, as determined by the County. B. System Administration The County will: maintain all licenses and agreements from the vendor(s) necessary to operate the System; Joint Powei:s Agreement for New Voting System -- 2013 Page 3 of 19 19 3i] I obtain and implement all required software updates needed to operate the System in compliance with the requirements of the Minnesota election law; 3. perform diagnostic testing of ballot counters and ballot marking devices to ensure the proper functioning of all equipment; 4. provide election programming needed to generate ballots and program memory devices that allow the ballot counters to correctly record votes; and 5. accumulate and report election results cast on the ballot counters for all elections C. Warranty Services Warranty services will be provided by the System vendor(s) in accordance with the warranty provisions contained in the contracts between the County and the System vendor(s). 2. The County shall obtain and enforce all System warranties, including warranties on equipment owned by the Municipalities paid for under the terms of this Agreement. All requests for warranty services shall be made by the Municipalities to the County. The warranties for components of the host computer system shall continue to be substantially those offered by the original equipment manufacturers. 1). Post -Warranty Maintenance Services Maintenance services will be provided following expiration of the warranty period(s) in accordance with the provisions of the maintenance agreement(s) between the County and the System vendor(s). Prior to expiration of the System manufacturers' warranties, the County, in consultation with the Municipalities, will decide whether System maintenance services will be provided on a fixed price or atime and materials basis. The County's decision shall be binding on all of the Municipalities and shall apply to all System hardware and software, whether housed at the County or the Municipalities, including backups. 2. The County will enter into a contract with the System vendor(s) for System maintenance services to be provided directly to the County and to the Municipalities. The County may, in consultation with the Municipalities, provide some or all maintenance services directly. The County will manage the provision of maintenance services for the Municipalities. 3. Maintenance services shall include, at minimum, the following: a. Preventative Maintenance: inspect and clean all ballot counters and ballot counting devices, including the read heads, printers, motors and other related components. Joint Powers Agreement for New Voting System -2013 Page 4 of 19 21 b. Repairs: make basic repairs to ballot counters and ballot marking devices as needed; the County will maintain or obtain spare parts for this Purpose. Equipment Replacement: replace ballot counters, ballot marking devices and related hardware and components on an as needed basis in the case of complete or un -repairable equipment failure. E. Ongoing Services The County will provide the Municipalities with a set of test ballots (also known as the test deck) and pre -audited test results for each precinct in every election. 2. 'file County will provide ballot layout, printing and memory device programming as follows: a. Ballot layout — no cost to Municipalities for all elections b. Ballot printing I ) State and county elections — no cost to Municipalities 2) Other elections — printing cost attributable to Municipal and/or School District offices and questions paid by Municipalities and/or School Districts using cost formula provided by the Secretary of State C. Memory device programming— no cost to Municipalities for all elections 3. The County will provide each Municipality with the hardware and software necessary to administer absentee voting for all elections. Each Municipality will have the choice of one of the following options: a. make arrangements for the County to accept/reject, process and count all the absentee ballots for the Municipality; b. accept/reject its own absentee ballots and make arrangements for the County to process and count the absentee ballots for the Municipality; C. accept/reject, process and count its own absentee ballots 4. The County will provide the Municipalities with the County's costs for options 3. a. and b. (above) no later than 24 weeks before the first election for which the System will be used and no later than 16 weeks before tire date established in state law to begin absentee voting in subsequent years. Each Municipality shall inform the County in writing of its initial choice no later than 20 weeks before the first election for which the System will be used. Each Municipality shall notify the County in writing of any changes desired for its choice in subsequent years no later than 12 weeks before the date established in state law to begin absentee voting for a primary in a given year. The County will allocate the costs Joint Powers Agreement for New Voling System — 2013 Page 5 of I9 22 for providing absentee voting services to the Municipalities as illustrated in the Appendix C spreadsheet, attached hereto and made a part of this Agreement. 5. The County will provide inspection and replacement of consumable supplies. 6. Election day technical support for the System will be provided by the voting system vendor (up to three days per election), as required by the County. a. Programming and system administration operations Ballot counter operations C. Ballot marking device operations Subject to approval by the County, during the term of this Agreement including any extensions, the County shall lease or purchase ballot counters, ballot marking devices, and other hardware and software in addition to those listed in Appendix A, on written request from a Municipality. Payment to the County by the requesting Municipality shall be made within thirty (30) calendar days from the date of the invoice from the County following delivery of the hardware and/or software to the requesting Municipality. 8. During the term of this Agreement including any extensions, the County may lease or purchase any additional hardware and software that is necessary for the System to comply with the provisions of the Minnesota Election Law or that the County deems necessary to meet demand from the voters. IV. ROLES AND RESPONSIBILITIES OF THE MUNICIPALITIES A. Implementation The individual who administers elections for the Municipality shall serve as the Municipality's project implementation liaison with the County. Each Municipality shall provide the name and contact information for the liaison within ten (10) calendar days of final execution of this Agreement. 2. Within thirty (30) calendar days of execution of this Agreement, each Municipality shall notify the County in writing of its plans for payment of the acquisition costs of the ballot counters, ballot marking devices and any other administrative equipment ("Equipment Costs"). Each Municipality may choose from one of the following payment options: a) a one-time reimbursement of costs or b) reimbursement of costs over two or more years, not to exceed a maximum of five years. A Municipality may not revoke its decision at any time after notice has been given to the County. B. Post-Implementation/Ongoing The Municipalities shall verify that ballots and memory devices tested by the County function accurately in the ballot counters and ballot marking devices that will be used in each election. If a Municipality identifies an error, the County Joint Powers Agreement for New Voting System — 2013 Page 6 of 19 23 shall correct the error within ten (10) calendar days of notification of the error, if practicable. 2. The Municipalities shall also perform all public accuracy testing provided by law for each election and may request the County's assistance in conducting these tests, at no charge. 3. The Municipalities may not lease or purchase any additional hardware and software during the term of this Agreement or any extensions without the prior approval of the County. 4. Each of the Municipalities shall lease or purchase at least one ballot counter, a ballot marking device, and a ballot box for each precinct in the Municipality. C. Payment Each of the Municipalities is responsible for payment in accordance with the provisions of this Agreement. V. OWNERSHIP/SOFTWARE LICENSE A. The County will initially own all System Equipment. 13. Upon payment in full to the County in accordance with the terms of this Agreement, each Of the Municipalities will own the ballot counters, ballot marking devices, and related equipment that were originally purchased by the County under this Agreement; this provision shall not apply to equipment leased by the County. The County will maintain ownership of backup ballot counters and ballot marking devices, the central count ballot counters and any precinct ballot counters that are needed for counting absentee ballots, the memory devices for all ballot counters and ballot marking devices, and the computer hardware and software needed to operate and administer the System. C. The County is the sole Licensee of the System software and the Municipalities are users VL WARRANTY The County makes no representations and extends no warranties with respect to the use of the System and specifically disclaims all other warranties, express or implied, including but not limited to any implied warranty or merchantability or fitness for a particular purpose. VII. SYSTEM IMPLEMENTATION FUNDING A. The County will provide initial financing for the costs of acquisition, installation, and implementation of the System ("Implementation Costs"). 13. As part of the initial financing of the Implementation Costs, the County will apply state grant funds received under the Help America Vote Act and required County matching funds as a setoff against the Implementation Costs. Joint Poweis Agreement for New voting System — 2013 Page 7 of 19 24 C. The Municipalities will provide the funds to reimburse the County for the System Equipment identified as the responsibility of the Municipalities in Appendix A. VIII. COST ALLOCATION/PAYMENT A. Cost Allocation -Implementation Costs Each of the Municipalities will reimburse the County for the cost of the number of ballot counters, ballot boxes, and ballot marking devices required by that Municipality in accordance with the pricing in Appendix A. A list of the estimated number of ballot counters, ballot boxes, and ballot marking devices for each of the Municipalities and the percentage of the total cost for ballot counters and ballot marking devices to be paid by each of the Municipalities is listed in Appendix C. the total number and each Municipality's percentage of ballot counters and ballot marking devices may be adjusted throughout the term of this Agreement including any extensions. 2. For those Municipalities that have elected to pay for the ballot counters, ballot boxes, and ballot marking devices over time, the total amount to be paid will include their proportionate share of any financing costs incurred by the County for the purchase, installation and implementation of the System Equipment, which financing costs will be shared among those Municipalities that have elected to pay over a period from two to five years. B. Cost Allocation-Post-linplementatimt/Operating Services I. There will be no charge to the Municipalities for ballot layout for all elections, ballot printing for State and county elections or for memory device programming. 2. The Municipalities will pay the County's costs for Operating Services on an annual basis. 3. The cost of Operating Services will be calculated to include costs for the items listed in Section IILB.-E. of this Agreement and, until repaid in full, the implementation Costs described in Section VIII.A.2. 4. Except as identified as the responsibility of a Party to this Agreement, annual costs for Operating Services will be allocated as follows: a. using the percentage of the total number of ballot counters requested by the Municipality as a proportion of the total number of ballot counters requested by all Municipalities for 80%, and using the percentage of the total number of absentee ballots accepted by each Municipality during the three most recent state general elections as a proportion of the total number of absentee ballots accepted in the County for 20%. b. The allocation will take into account any changes in the number of ballot counters requested by each of the Municipalities and/or the total number of ballot counters. Joint Powers Agreement fbr New Voting System -2013 Page 8 of 19 25 C. Payments The County shall invoice a Municipality after the initial delivery of County - tested ballot counters, ballot boxes, and ballot marking devices to the Municipality. If a Municipality will pay over a period of 2-5 years, the County will invoice the Municipality its appropriate annual sum along with the invoice for annual operating costs. Payment shall be made within thirty (30) calendar days of the date of the invoice. 2. On or about June 1 of each calendar year during the term of this Agreement including any extensions, the County will invoice the Municipalities for their share of Operating Costs for the next calendar year. The total amount of the invoices will be calculated based on the actual Operating Costs incurred by the County in the previous calendar year, with adjustments made to account for increases or decreases in anticipated operating costs. The Municipalities shall make payment to the County within thirty (30) calendar days of the date of the invoice. If the County provides maintenance services through the System vendor on a time and materials basis, a Municipality that requires maintenance services will contact the County for the services and the County will contact the vendor. The requesting Municipality will be invoiced directly by the vendor, and will be individually responsible for the cost of the services received, with no right to reimbursement from the County. 4. If requested by a Municipality, the County shall invoice the School District(s) to pay a proportion of the Municipalities' annual cost for Operating Services using either: a) the cost-sharing methodology provided in the Minnesota Election Law; or b) another methodology developed by the County, in consultation with the Municipalities. The County will invoice the School District(s) for their proportion of the costs and payments will be made directly by the School Distriet(s) to the County. 5. Payment of interest and disputes shall be governed by the provisions of Minn. Stat. § 471.425. D. Proceeds from sale or lease of old equipment The County shall determine if any existing voting equipment, including but not limited to ballot counters, ballot marking devices and related hardware will be sold or leased in conjunction with the purchase of the System. The County shall apply the proceeds of any sale or lease of existing voting equipment, including but not limited to ballot counters and ballot marking devices, toward the Municipalities' payment of Implementation Costs of Post -Implementation Costs. Joint Powers Agreement for New Voting System -2013 Page 9 01,19 26 IX. PROJECT SCHEDULE A Preliminary Project Schedule is attached hereto and made a part of this Agreement as Appendix D. The County may change the schedule set forth in Appendix D as appropriate based on changes in funding sources or the needs of the County. X. TERM A. The term of this Agreement is for a fourteen -year period from the date of final execution by all parties ("Initial Terin"), unless earlier terminated pursuant to the provisions of this Agreement. B. This Agreement shall be automatically extended for successive two-year terms ("Renewal Terms"), upon the same or better terms, conditions and covenants, unless a majority of the Municipalities or the County gives notice of their/its intent not to extend at least 180 days prior to expiration of the Initial Term or the then -current Renewal Term. XI. ANNUAL REVIEW PROCESS At least once a year during the term of this Agreement, including any extensions, the County will convene a meeting of elections officials from the Municipalities to review the elections process and System operations. XII. INDEMNIFICATION AND INSURANCE A Each party agrees that it will be responsible for its own acts and the acts of its employees, elected officials, and agents as they relate to this Agreement and for any liability resulting therefrom, to the extent authorized by law, and shall not be responsible for the acts of the other parties or their employees, elected officials, and agents, or for any liability resulting therefrom. Each party's liability shall be governed and limited by the Municipal 'fort Claims Act, Minn. Stat. Chapter 466 and other applicable law. B. Each Party agrees to defend, indemnify and hold harmless the other Parties, their employees, elected officials, and agents from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys fees, resulting directly or indirectly from any act or omission of the indemnifying party, its employees, elected officials, or agents, in the performance or failure to perform its obligations under this Agreement. Nothing herein shall be deemed a waiver by any Party of its limitations on liability, defenses or immunities under Minnesota Statutes, Chapter 466, or other state or federal law. C. Each Party warrants that it is able to comply with the aforementioned indemnity requirements through commercial insurance or a self -funding program. D. Each of the Patties shall insure the full replacement value of all System equipment stored on the Party's site. Joint Power Agreement for New Voting System — 2013 Page 10 of 19 27 G. All insurance policies or self-insurance certificates shall be open to inspection by the other Parties and copies of the policies or certificates of self-insurance shall be submitted to a Party upon written request. XIII. RECORDS Subject to the provisions of Section XIV., each Party agrees that the other Parties, the State Auditor, or any of their duly authorized representatives shall, at any tune during normal business hours, and as often as they may reasonably deem necessary, have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of governmental entities and which involve transactions relating to this Agreement. XIV. DATA PRACTICES The Parties shall comply with the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, or any other applicable state statutes, any state rules adopted to implement the Act and statutes, as well as federal statutes and regulations on data privacy. XV. NONASSIGNMENT No Party shall assign, subcontract, transfer or pledge this Agreement and/or services to be performed herein. XVI. USE OF VOTING SYSTEM The County shall only implement and support a single, uniform voting system throughout the County that must be used in every election conducted in the County. Each Municipality must use the ballot counters, ballot boxes and ballot marking devices provided in this Agreement for all elections conducted in the Municipality. XVII. TERMINATION A. This Agreement shall terminate upon unanimous consent of the Parties as evidenced by a written resolution of the governing body of each Party or when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. 13. Effect of termination. Termination shall not discharge any liability incurred by any of the Parties during the term of this Agreement including any extensions prior to the effective date of termination. Each Party shall be liable for its own acts to the extent provided by law. XVIII. PROPERTYIDISPOSITION A. Upon termination of this Agreement, ownership remains as st'at'ed in Article V. Joint Powers Agreement for New Voting System — 2013 Page 1 I of 19 B. Upon termination, a Municipality will be given the option to make full payment for the ballot counters, ballot boxes, and ballot marking devices for which it has made partial payment. Such payment must be made within thirty (30) calendar days of the date of receipt of the notice of termination from the County. C. If the Parties reach consensus on the need to replace the System, the Parties will negotiate a new agreement, which shall include the disposition of the System Equipment, whether owned by the County or the Municipalities. XIX. NOTICE A. All notices, reports or demands given or made by a Party under the terms of this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. All notices, reports or demands shall be sent to the representative designated in writing by the Party. If none has been designated, notice to the Party's chief elected official shall be deemed adequate. XX. ENTIRE AGREEMENT/ALTERATION A. It is understood and agreed that the entire agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the Parties hereto. C. The parties may execute separate copies of any amendment to this Agreement and the signature pages will be part of the original. XXI. VOTING SYSTEMS ADVISORY COMMITTEE The County shall establish a Voting Systems Advisory Committee ("Committee") to facilitate the administration of the System. Any Party to this Agreement may request to become a member of the Committee. Approximately ten years following final execution of this Agreement, or at such earlier time as the Parties may agree, the Committee shall begin planning for the acquisition of a successor voting system. XXII. SEPARATE EXECUTIONS/EFFECTIVE DATE Each of the Municipalities may sign a separate signature page and all of the signature pages taken together will constitute the original contract and will be as effective as if all of the signatures were on the same page. This Agreement shall be effective as to a Party upon execution by an authorized representative of that Party. Joint Powers Agreement for New voting System — 2013 Page 12 of 19 29 Wherefore, the Parties have executed this Agreement as of the last date written below. COUNTY OF RAMSFY By: 13y: Rafael Ortega, Chair Board of Commissioners Bonnie Jackelen, Chief Clerk Board of Commissioners Date: Approval Recommended: Mark Oswald, Director Department of Property Records and Revenue Approved as to form and insurance: Assistant County Attorney Joint Powers Agreement for Now Voting System- 2013 Page 13 of 19 30 NAME OF MUNICIPALITY: By Its. By Its Date: Joint Powers Agreement for New Voting System -- 2013 Page 14 of 19 31 Appendix A System Equipment List Note: prices are estimates pending the selection of a speegic voting system 1. Voting and administrative equipment - County Unit Total Quantity Description Price Price 18 Backup ballot counters $4,043 $72,774 18 Ballot counters for absentee voting $4,043 $72,774 36 Ballot boxes $382 $13,752 18 Backup accessible ballot marking devices $4,550 $81,900 828 Memory devices $66 $54,648 5 Central count ballot Counters for absentee voting $26,030 $130,150 2 Ballot on demand printers $8,960 $17,920 1 Operating software $137,976 $137,976 1 Staff training — hardware and software operations $140,000 $140,000 Freight and delivery (estimate) $20,000 $20,000 Subtotal for Equipment Costs - County $741,849 2. Voting equipment — Municipalities 171 Ballot counters for polling places $4,043 $691,353 171 Ballot boxes $382 $65,322 171 Accessible ballot marking devices for polling places $4,550 $778,050 Subtotal for Equipment Costs — Cities $1,534,725 System Equipment Costs - Total $2,276,574 Joint Powers Agreement for Now Voting System -2013 Page 15 of 19 . 32 Appendix B Implementation Services The County will provide, either directly or through a contracted vendor, as determined by the County, the Implementation Services shown below. The information provided below is tentative, pending the selection of a System vendor(s). Training and instructional materials 1. Training for Municipal elections officials and staff a. Operation of the ballot counter b. Operation of the ballot marking device C. processing and counting absentee ballots (where applicable) 2. Training for election judges a. Operation of the ballot counter b. Operation of the ballot marking device 3. Development of training and informational materials - printed a. Ballot counter operations guide and quick start guide b. Ballot marking device operations guide and quick start guide C. Opening and closing the polling place d. providing instructions to voters 4. Development of training and informational materials for County website a. Flection judge training video b. public information videos Joint Powers Agreement for New Voting System —2013 Page 16 of 19 Appendix C Appendix C spreadsheet - proposed capital and annual operating costs for new voting system Precinct bellot counto. Absentee ballot counters & ballot marking devices %cf owntytotal %of count, total meant.WAns Ye wunlytotol rc tote l ai,'haro a'0.H0 aewpted in lW .0.20 a wpdal[nts na. gen leafier' city Number %of county city share of share of an nual Nu tuber of %ofcou my share of a areal of total capital costs operating costs accepted ABs total operating costs precincts 20082012 Arden Hills 3 1.76% $ 26,925.00 $ 1,588.24 1,550 2.33% $ 524.31 Blaine 0 0.00% $ - $ - - 0.00% $ Falcon Heights 2 1.18% $ 17,950.00 $ 1,058.82 742 1.12% $ 250.99 Gem Lake 1 0.59% $ 8,975.00 $ 529.41 62 0.09% $ 20.97 Lauderdale 1 0.59% $ 8,975.00 $ 529.41 212 0.32% $ 71.71 Little Canada 3 1.76% $ 26,925.00 $ 1,588.24 1,492 2.24% $ 504.69 Maplewood 16 9.41% $ 143,60000 $ 8,470.59 5,327 8.01% $ 1,801.93 Mounds View 4 2.35% $ 35,900.00 $ 2,117.65 1,414 2.13% $ 478.31 New Brighton 5 2.94% $ 44,875.00 $ 2,647.06 3,521 5.29% $ 1,191.03 North Oaks 2 1.18% $ 17,950.00 $ 1,058.82 1,632 2.45% $ 552.05 North St Paul 4 2.35% $ 35,900.00 $ 2,117.65 1,479 2.22% $ 500.29 Roseville 10 5.88% $ 89,750.00 $ 5,294.12 7,533 11.33% $ 2,548.15 Shoreview 7 4.12% $ 62,825.00 $ 3,705.88 5,322 8.00% $ 1,800.24 Spring Lake Park 0 0.00% $ - $ - - 0.00% $ - St Anthony 1 0.59% $ 8,975.00 $ 529.41 577 0.87% $ 195.18 St Paul 97 57,06% $ 870,575.00 $ 51,352.94 27,610 41.51% $ 9,339.48 Vadnais Heights 4 2.35% $ 35,900.00 $ 2,117.65 2,013 3.03% $ 680.93 White Bear Lake 6 3.53% $ 53,850.00 $ 3,176.47 4,151 6.24% $ 1,40434 White Bear Township 4 2.35% $ 35,900.00 $ 2,117.65 1,879 2.82% $ 635.60 Subtotal -cities 170 100.00% $ 1,525,75000 $ 90,000.00 66,516 100.00% $ 22,500.00 ISD 282 -St Anthony -NB 2 1.18% $ - $ 352.94 1.10% $ 82.50 ISD 621 -Mounds View 21 12.35% $ - $ 3,705.88 17.60% $ 1,320.00 ISD 622 -NSP -Maplewood 17 10.00% $ - $ 3,000.00 10.20% $ 765.00 ISD 624 -White Bear lake 15 8.82% $ - $ 2,647.06 14.60% $ 1,095.00 ISD 625 -St Paul 97 57.060/. $ - $ 17,117.65 41.50% $ 3,112.50 Subtotal- school districts 170 100.00% $ - $ 30,000.00 100.00% $ 7,50000 County total $ 120,000.00 $ 30,000.00 Notes: 1. Assume the cost of one ballot counter, one ballot box and one ballot marking device= $8,975 per precinct 2. Number of absentees is average of ABs accepted in three previous state general elections 3. Assume annual operating costs= $150,000; 80% are from precinct equipment, 20% from absentee equipment 4. Annual operating costs are shared by cities (75%) and school districts (25%) S. The county will provide any equipment needed by Blaine 6. Spring Lake Park will use voting systems provided by Anoka County. 10/11/2013 33 Absontao ballot Cost processing/counting summary mm of Nran' E and H Option Option Total annual A 9 operating costs $ 2,112.55 $ 1,309.82 $ 550.38 $ 601.12 $ 2,092.93 $ 10,272.52 $ 2,595.95 $ 3,838.09 $ 1,610.87 $ 2,617.94 $ 7,842.26 $ 5,506.13 $ 724.59 $ 60,692.42 $ 2,798.57 5 4,580.61 $ 2,753.25 $ 112,500.00 $ 435.44 $ 5,025.88 $ 3,765.00 $ 3,742.06 $ 20,230.15 $ 37,500.00 $ 150,000.00 34 2013 2014 Appendix D Preliminary Project Schedule (Dates are tentative) Oct 25 Complete city approval of joint powers agreement Dec 3 County board approval of joint powers agreement Dec 30 Publication of request for proposals for voting system ,Ian 15 Pre-bid conference for vendors submitting proposals Jan 31 Closing date for proposals from vendors for voting system Feb 1 1 Complete scoring proposals submitted by vendors Feb 14 Task force recommendation to county board Feb 25 County board approval of new voting systein acquisition Mar 10 Publication of RFP for ballot printing 2014-2015 Mar 17 Place order with vendor for new voting system Apr 7-11 Software training for county staff' Apr 21-25 Hardware training for county staff May 2 Complete delivery of new voting system components May 20 First day to file for office May 23 Complete check-in and preliminary testing of voting system components May 28-30 Simulated election with new voting equipment May 30 Complete training and informational.materials for use of voting system Jun 16-20 llands-on training for city elections staff Jun 27 Begin absentee voting Jul 7 -Aug 1 Hands-on training for election judges serving at the state primary Aug 12 State primary Joint Powers Agreement fbr New Voting System -2013 Page 18 of 19 35 Oct 6-24 Hands-on training for election judges not serving at the state primary Nov 4 State general election Nov 17 Post-election review of voting system Joint Powers Agreement for New Voting System— 2013 Page 19 of 19 36 THIS PAGE LEFT INTENTIONALLY BLANK 37 'n hary MEM© TO: Mayor and City Council FROM: Mark Casey, City Manager RE: Interpretation of Ordinance 97.11 DATE: September 27, 2013 Section 97.11(A) of the City Code states the following: § 97.11 PATIOS AND BALCONIES. (A) Open flame prohibited. In any structure containing 3 or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet (4572 mm) of the structure. In a September 19, 2013 email to Mr. Ken Brown from the City Fire Marshal, has interpreted Section 97.11(A) as follows: "Our interpretation of our existing ordinance remains the same. If a structure has 3 or more dwelling units grilling is not allowed on any balconies or decks. Grilling on a patio is acceptable if you can get 15 feet away from the structure. If you wish to appeal this decision the proper process is to go to city hall to fill out an appeal." After reviewing Section 97.11 and considering its underlying purpose of fire prevention and public safety, City staff agrees with the Fire Marshal's interpretation. The ordinance applies to "any structure containing 3 or more dwelling units." Whether a structure with three or more dwelling units contains only one story or is multi -storied makes no difference for purposes of enforcement. Fires and open flames, such as those associated with grilling, are prohibited on any balcony above ground level and any ground floor patio within 15 feet of the structure. At the ground level, then, whether it occurs on what is labeled a patio or deck or otherwise, an open flame within 15 feet of the structure is expressly prohibited. 38 Page Two September 27, 2013 Pursuant to Section 97.13 of the City Code, Mr. Brown may appeal the Fire Marshal's decision to the City Council within 30 days after the date of that decision. Section 97.13 of the City Code states the following: § 97.13 APPEALS If the Fire Marshal disapproves an application or refuses to grant a permit applied for, or revokes a permit, or when it is claimed that the provisions of any part of the Code do not apply, or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the person or persons aggrieved may appeal the decision of the Fire Marshal to the City Council within 30 days after the date of the decision. Mr. Brown has been invited to attend the October 22, 2013 City Council meeting. Attachment: Appeal from Ken Brown CC: Fire Chief John Malenick Fire Marshal Chris Fuller Ken Brown 39 Attachment To: Mark Casey, City Manager 3301 Silver Lake Road St. Anthony, MN 55418 Subject: Appeal to City Council of Fire Departments interpretation of 97.11 and application of grill restrictions. After several recent e-mail exchanges with the city Fire Marshall, I believe there is a serious error in the Fire Departments interpretation of Fire Code 97.11. Current code for 97.11 97.11 PATIOS AND BALCONIES. (A) Open flame prohibited In any structure containing 3 or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet (4572 mm) of the structure. In recent e-mail exchanges with Chris Fuller the City Fire Marshall he stated: "Our interpretation of our existing ordinance remains the same. If a structure has 3 or more dwelling units grilling is not allowed on any balconies or decks. Grilling on a patio is acceptable if you can get 15 feet away from the structure. If you wish to appeal this decision the proper process is to go to city hall to fill out an appeal." As defined by code 97.13 1 have 30 days to appeal their interpretation by sending this e-mail as directed by City Clerk, Barb Suciu. The 97.11 code was originally written for condos and does not say "any balconies or decks" it says "balcony above ground level". We have a number of Townhomes that have decks at ground level, not "decks above ground level" as the code states, thus 97.11 does not apply. It's important to us as residents of St Anthony for a number of reasons: the enjoyment of our homes 2. insurance clarification: our association's carrier (exterior insurance) has stated their company would not deny a claim based upon the application of the St Anthony's vague 97.11 fire code, but he can not speak for all other possible carriers of the homeowner inside insurance policies. 40 3. The code was originally written for condos, where the wording makes more sense, but it does not apply to the structure and ownership conditions of a Townhome. 4. The ridiculous of the code: the fire marshall would say any of these homeowners with decks at ground level can not even sit on their deck or patio in the evening with a mosquito candle burning or light a cigarette with a lighter. Please respond with how City Council will handle this appeal and the time frame. I expect to at least be able to address the city council on this appeal. Regards, Ken Brown President Evergreen Townhomes