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HomeMy WebLinkAbout2010-11-10 CC Set Agenda w/HandoutsCITY OF CENTERVILLE COUNCIL MEETING AGENDA lGl"7ItlCL' Wednesday, November 10, 2010 a�rth "� mss 6 :30 p.m. or shortly thereafter Set Agenda = RED r OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on the current agenda. Items requiring Council action may be deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign -up sheet and give it to the Mayor or a Staff person by 6:15 p.m. INTERVIEW W /POTENTIAL PLANNING & ZONING COMMISSION MEMBER — Mr. Matthew Montain /.k�/, CANVASSING BOARD 1. Roll Call II. CANVASS RESULTS GENERAL ELECTION MUNICIPAL SEATS III. ADJOURNMENT TO REGULARLY SCHEDULED COUNCIL MEETING COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING(S) III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. October 27, 2010 City Council Meeting Minutes (Pages 1 -4) V. CONSENT AGENDA 1. City of Centerville October 28 2010 through November 10, 2010 Claims (Check #25901 - 25922) (Page 5) Check #25683 & 25900 VOIDED ,& (Cheek #25923 - 25941) Check #25888 & 25937 VOIDED (Page 5a) 2. Centennial Police Department Claims through October 28, 2010 (Ck #8069- 8077) (Page 6) 3. Accept Easement Agreement — 7113 Mound Trail — Sanitary Sewer Line (Pages 7 -11) 4. Parks & Recreation Committee Request for Funding (Pages 12 -13) a. Skate Nights w Not to Exceed $750 (Jan. 8 & Feb. 5, 2010) b. Star Gazing /Snow Shoeing — Not to Exceed $200 (Feb. 5, 2010) VI. AWARDS/PRESENTATIONS/APPEARANCES 1. Joint Powers Agreement, for Coiistruction of Regional Trail Links in the City of Centerville — County Project No. S. P. 02-090-01 (Pages 13a-13e) VIII. NEW BUSINESS 1. Centennial Little League Proposal — Field #1, Laurie LaMotte Memorial Park - Modifications for Converting Field to Required Little League Specifications (Page 14) 2. Res. #10-OXX — Authorizing Closing of Fund 452 into Fund 349 (Page 15) 3. Res. #10-OXX — Honoring Marcel Rivard (Page .15a) 4. Litigation Settlement — Royal Oaks Realty, Special Assessments (Page 16) 5. Utility Billing List — Policy (M. Capra) IX. ANNOUNCEMENTS/UPDATES 1. City Administrator X. ADJOURN TO WORK SESSION WORK SESSION — BUDGET/LEVY I. CALL TO ORDER 1. Roll Call 11. ITEMS OF DISCUSSION III. ADJOURNMENT 'REMINDERS' City Council Meeting — November 24, 2010, 6:30 p.m, Council Chambers (P.H. Delinquent Utilities) Parks & Recreation Committee Meeting -- December 1, 2010, 6:30 p.m., Council Chambers Planning & Zoning Commission Meeting — December 7, 2010, 6:30 p.m. Council Chambers Sewer & Water Utility Bills Due — November 15, 2010 City Council Meeting — December 8, 2010, 6:30 p.m. Council Chambers CITY HALL CLOSED November 11, 2010 & November 25 & 26, 2010 CITY OF CENTERVILLE 11/10/10 2:09 PM Page 1 *Check Summary Register® NOVEMBER 2010 - U, A'"" DA'"" T G PAYROLL ACH PAYMENTS Paid Chk# 000083E MINNESOTA DEPT OF REVENUE 11/1 01201 0 $1,386.99 PAY PERIOD 23 PAYROLL TAXES Paid Chk# 000084E WELLS FARGO 11/10/2010 $1,737.51 H.S.A. -PAY PERIOD 23 Paid Chk# 000085E IRS /EFTPS 11/10/2010 $7,283.13 PAYROLL TAXES FOR PAY PERIOD 2 Paid Chk# 000086E PUBLIC EMPLOYEES RETIREMENT 11110/2010 $3,320.87 PERA FOR PAY PERIOD 23 Total Checks $13,728.50 VOIDED CHECKS #25683,25888 & 25937 � f, Name Check Date Check Amt 10100 CENTRAL BANK Paid Chk# 025923 ABDO, SICK & MEYER, LLP 11/10/2010 $75.00 M. JEZIORSKI -SEMINAR Paid Chk# 025924 ANDERSON, ALLEN 11/10/2010 $48.00 CLOTHING ALLOWANCE - A ANDERSO Paid Chk# 025925 ANOKA COUNTY PROPERTY 11/1012010 $276.00 DOC, #2018327.005 - 7335 DEER Paid Chk# 025926 BENDER, TERESA 11/10/2010 $18.39 MILEAGE REIMBURSEMENT Paid Chk# 025927 CONNEXUS ENERGY 11/10/2010 $68523 2085 CEDAR ST - SERV THRU 10 -1 Paid Chk# 025928 EMBEDDED SYSTEMS INC 11/1012010 $47820 6 MONTH SIREN MAINTENANCE FEE Paid Chk# 025929 GAMETIME 1 1/1 01201 0 $557.87 45 3/4" CRAWL TUBE Paid Chk# 025930 GOETZ LANDSCAPE & IRRIG. 11/10/2010 $1,692.53 LAWN MOWING Paid Chk# 025931 INSTRUMENTAL RESEARCH INC 11/10/2010 $38.00 OCT 2010 WATER TEST Paid Chk# 025932 LEAGUE OF MN CITIES 11/10/2010 $375.00 MN CITIES STORMWATER COALITION Paid Chk# 025933 MARATHON ASHLAND 11/10/2010 $324.74 FUEL Paid Chk# 025934 MINNESOTA POLLUTION 11/10/2010 $400.00 PERMIT APPLICATION FEE - MS4 Paid Chk# 025935 NATIONWIDE RETIREMENT 11/10/2010 $400.00 DEF COMP W/H PAY PERIOD 23 Paid Chk# 025936 ON SITE SANITATION 11/10/2010 $150.70 LAMOTTE PARK - SERV THRU 10 -29 Paid Chk# 025937 Void 11/10/2010 $0.00 Paid Chk# 025938 PRESS PUBLICATIONS 11/10/2010 $190.65 SPECIAL ASSESS - DELINQUENT UT Paid Chk# 025939 SAM'S CLUB 11/10/2010 $226.12 SUPPLIES Paid Chk# 025940 XCEL ENERGY 11/10/2010 $266.92 1601 LAMOTTE DR - SERV THRU 11 Paid Chk# 025941 ANOKA COUNTY PROPERTY 11/10/2010 $84.84 PART OF LOT 7 & LOT 14, BLK 7, Paid Chk# 501044E BI- WEEKLY ACH 11/10/2010 $19,087.39 PAY PERIOD 23 Total Checks $25,375.58 PAYROLL ACH PAYMENTS Paid Chk# 000083E MINNESOTA DEPT OF REVENUE 11/1 01201 0 $1,386.99 PAY PERIOD 23 PAYROLL TAXES Paid Chk# 000084E WELLS FARGO 11/10/2010 $1,737.51 H.S.A. -PAY PERIOD 23 Paid Chk# 000085E IRS /EFTPS 11/10/2010 $7,283.13 PAYROLL TAXES FOR PAY PERIOD 2 Paid Chk# 000086E PUBLIC EMPLOYEES RETIREMENT 11110/2010 $3,320.87 PERA FOR PAY PERIOD 23 Total Checks $13,728.50 VOIDED CHECKS #25683,25888 & 25937 � f, Anoka County Contract No. 2010-05 JOINT POWERS AGREEMENT FOR THE CONSTRUCTION OF REGIONAL TRAIL LINKS IN THE CITY OF CENTERVILLE COUNTY PROJECT NO. S.P. 02-090-01 THIS AGREEMENT is made and entered into this day of 5 2010, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County", and the City of Centerville, 1880 Main Street, Centerville, Minnesota, 55038, hereinafter referred to as the "City". WITNESSETH WHEREAS, the parties to this agreement agree it is in the best interest of the public to construct and improve certain parts of the City trail system, which has been identified by the County as project number SP 02-09-01 ("Project"); and WHEREAS, the parties to this agreement consider it mutually desirable to proceed with the construction, and construction engineering & administration for the construction of the Project; and WHEREAS, the City has jurisdiction over said trail system that makes up the Project; and WHEREAS, the City has applied for and obtained Federal Funds for the construction of the Project; and WHEREAS, because the City's population is less than 5,000, it is not able to receive federal funds directly for this Project; and WHEREAS, the City has requested the County to act as grant recipient for the federal funds and contract for the Project; and WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of construction of segments to the City trail system in the city of Centerville. The County project number for the Project is S.P. 02-09- 01. The City shall cause the preparation of engineering plans and specifications ("Plans and Specifications") for the Project, which will be filed in the office of the Anoka County Highway Department. 11. METHOD The County shall cause the construction of the Project in conformance with the Plans and Specifications. The County shall do the calling for all bids and the acceptance of all bid proposals; and, The City shall provide all necessary construction engineering and construction inspection for the Project. The City shall process all work orders, change orders, supplemental agreements and requests for information. The City shall prepare and sign all WOs, COs, and SAs, then allow the County to sign for administrative purposes. Monthly, or as specified in the contract, the City shall provide the County a list of all quantities to be paid for the respective partial work completed or final payment. The County shall then process and make the payment to the selected contractor for the Project. The County shall provide administration services required for the Project. Administrative services to be provided by the County shall consist of, but not limited to, calling and accepting of bids, generating partial and final payments (the City to provide quantities). Oversight of the MnDOT Delegated Contract Process shall be performed by the City. III. COSTS The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs, which will be incurred for this project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible. The estimated construction cost of the total project is $1,055,040.00, Federal Rinds available for the Project are capped at $791,280.00. The County will claim reimbursement and retain said federal funds, which shall be applied as a credit toward the total construction cost. The City shall be responsible for one hundred percent (100%) of the construction costs associated with the Project. Upon award of the contract, the City shall pay to the County, upon written demand by the County, one hundred percent (100%) of the estimated construction cost of the project, less the federal funds, estimated at $263,760.00. Prior to billing, this estimate will be updated to reflect the actual bid prices as awarded. The City's share of the cost of the project shall include construction expense and administrative expenses incurred by the County. 2 Upon final completion of the project, the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial one hundred percent (100%) charged will be made in the form of credit or additional charges to the City's share, Additionally, the administrative reimbursement of the actual costs incurred by the County shall be paid. For estimation purposes this is assumed to be 2% of the construction estimate. The total estimated construction cost and administrative fees to the City (less Federal Funds) for the project is $284,860.80. IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. All contracts let and purchases made pursuant to this Agreement shall be made by the City and County in conformance to the State laws, kvljl� "40.141 1 �1 � 1� �WWWWW Wd A strict accounting shall be made of all funds and report of all receipts and shall be made upon request by either party. VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases Of Services Or goods, which occurred prior to such notice of termination. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. OWNERSHIP/MAINTENANCE The City shall own improvements constructed as part of the Project and shall be solely responsible for the ongoing maintenance of all such improvements including but not limited to trails and streetlights. X. RIGHT OF WAY The City shall be solely responsible for acquiring and paying for any and all right-of-way that may be needed to construct the Project. XI. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City Administrator of Centerville, 1880 Main Street, Centerville, Minnesota, 55038, on behalf of the City. XII. INDEMNIFICATION The City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. XIII. ENTIRE AGREEMENT REOUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. 4 IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF CENTERVILLE By: By: Dennis D. Berg, Chair Mary Capra County Board of Commissioners Mayor Dated: Dated: By: By: Terry L. Johnson Dallas Larson County Administrator City Administrator Dated: Dated: RECOMMENDED FOR APPROVAL By: By: Douglas W. Fischer, P.E. County Engineer Dated: Dated: APPROVED AS TO FORM By: By: Dan Klint Assistant County Attorney Dated: Dated- 5 '1 ) � A REA SOLUTION PLE COGNTIZING THE SER� AND DEDICATION OF THE LATE MARCEL RIVARD WHEREAS, Marcel Rivard was born on December 4, 1926 in Centerville, Minnesota to Joesphat and Eleanore Rivard, and WHEREAS,, Mr. Rivard spent his childhood and adult life living in Centerville and raised a family often children with his wife Dorothy, and WHEREAS, Mr. Rivard was a man who knew the value of hard work and dedication, he owned and operated Rivard Electric and Rivard Transit throughout his lifetime in the City, and WHEREAS, Mr. Rivard also served his community between 1947-1986 as Village Constable, Mayor, Council Member, Committee Member and Volunteer Firefighter, and WHEREAS, Mr. Rivard belonged to many civic organizations focused on the betterment of his fellow man, which included the Catholic Order of Foresters, Centerville Athletic Club, Centerville Lions Club and the Friendly Valley Baseball League, and WHEREAS, Mr. Rivard provided excellent leadership, demonstrated initiative and perseverance through difficult decision making and times of great change within the City, and WHEREAS, Mr. Rivard was a leader that earned the respected of his fellow Council Members, and elected officials he served with throughout Anoka County and the State of Minnesota. He treated everyone with respect and valued their opinions even when they disagreed with his, and WHEREAS, through Mr. Rivard's committed service to his community, he was recognized in 1990 for Citizen of the Year and in 1999 for Lifetime Achievement, and WHEREAS, Mr. Rivard passed away on October 29, 201 following a brief illness.. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, ANOKA COUNTY, MINNESOTA, that Council expresses its sincere sympathy to Mr. Rivard's family, friends and colleagues. Mr. Rivard will truly be missed. Adopted by the Council this 1 0th day of November, 201 Mary Capra, Mayor Attest: Teresa Bender, City Clerk