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Home My WebLink About2012-01-25 CC Packet CITY OF CENTERVILLE COUNCIL erUiCCe MEETING & WORK SESSION AGENDA �sta6C'_d'„ ' Wednesday, January 25, 2012 6:30 p.m. or shortly thereafter 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. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING(S) III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. January 11, 2012 City Council Meeting Minutes (Pages 1 -5) V. CONSENT AGENDA 1. City of Centerville January 12, 2012 through January 25, 2012 Claims (Check #27003 - 27018) (Page 6) 2. Centennial Fire District Claims through January 7, 2012 (Check #5145- 5163) (Page 7) 3. Centennial Lakes Police Department Claims through January 12, 2012 (Check #8748 -2781) (Pages 8- 9) 4. Centerville Lions Equipment Lease Agreement — Concession Trailer (Pages 10 -13) 5. Anoka County Agreement for Residential Recycling Program (Pages 14 -21) VI. AWARDS /PRESENTATIONS /APPEARANCES VII. OLD BUSINESS 1. Res. #12 -0XX — Authorizing Workers Compensation Coverage for Elected & Appointed Officials (Page 22) VIII. NEW BUSINESS 1. Res. #12 -0XX — Authorizing the Creation of Fund #401 (Page 23) IX. ANNOUNCEMENTS/UPDATES 1. City Administrator Larson X. ADJOURNMENT * *REMINDERS ** Parks & Recreation Committee Meeting — February 1, 2012, 6:30 p.m. Council Chambers City Council Meeting — February 8, 2012, 6:30 p.m. Council Chambers Planning & Zoning Commission Meeting — February 14, 2012, 6:30 p.m. Council Chambers - Tenative Parks & Recreation — Skating/(Hayride, 6 -8:00 p.m.)/Bonfire, Hot Cocoa & Popcorn — February 11, 2012, 6 -9:00 p.m. Laurie LaMotte Memorial Park Centerville Lions Annual Fishing Contest, Saturday, February 18, 2012 — 11:00 a.m. — 2:00 p.m. — Lake to be Determined by Weather EEA Young Eagles Rally (Free Airplane Rides — Kids 8 -17 years old) — February 18, 2012 — 9:00 a.m. — 1:00 p.m. - Lake to be Determined by Weather City Hall Closed in Observance of President's Day — February 20, 2012 City Council Meeting — February 22, 2012, 6:30 p.m. Council Chambers CITY OF CENTERVILLE CITY COUNCIL MEETING January 11, 2012 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of January 11, 2012, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher (Arrived @ 6:34 p.m.) Council Member Steve King Council Member D. Love._:. - 0 Council Member Jeff Paar Q 0 {117 ABSENT: None [ STAFF: City Administrator Dallas Larson � Finance Director Mike Jeziorski City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. PUBLIC HEARING(S) None. III. APPROVAL OF AGENDA The Mayor reviewed the Set Agenda with Council. (Check #26979 - 27002) w/Voided Check #26991- Page 8a -8b) The Mayor requested that Under New Business, Item #5 — Authorize Continuing Well Agreement w /Central Bank in the Event of Foreclosure (7085 Progress Road) be added. Motion by Council Member Love, seconded by Council Member Fehrenbacher, to approve the Agenda as presented. All in favor. Motion carried unanimously. IV. APPROVAL OF MINUTES 1. December 28, 2011 City Council Meeting Minutes Motion by Council Member Paar, seconded by Council Member King, to approve the December 28, 2011 City Council Meeting Minutes as presented. All in favor. Motion carried unanimously. V. CONSENT AGENDA Page 1 of 5 1 City of Centerville Council Meeting Minutes January 11, 2012 City of Centerville December 28, 2011 through January 11, 2012 Claims (Check #26959- 26978) & (Check #26979 - 27002) w/Voided Check #26991 1. Centennial Fire District Claims through December 27, 2011 (Check #5141 -5144) 2. Renewal of Membership in Materials Management Division Cooperative Purchasing Venture Motion by Council Member King, seconded by Council Member Love, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VI. AWARDS /PRESENTATIONS /APPEARANCES None. VII. OLD BUSINESS 1. Massage Establishment, Massage Therapist Licensing & Renewal Fees At the last meeting, the Mayor requested additional research and that this item be placed back on the agenda. Administrator Larson stated that Staff provided a listing of area municipalities' fees for Therapist licenses. It was noted that some communities charge lower fees than Centerville and some communities are choosing not to license these types of establishments. Administrator Larson also stated that several years back, the city had an individual apply for a Therapist License and the background check reported previous prostitution charges. Without licensing and the background check, that would not have been apparent. Administrator Larson reported that the city currently has one licensee providing massage services, she has been licensed for approximately 3 years and has had no issues with her business. Following discussion of Council Members, it was determined to address the issue prior to budgeting and fee discussions for the 2013 renewals. VIII. NEW BUSINESS 1. Res. #12 -001 — Authorizing Appointing Acting Mayor & Order of Succession Mayor Wilharber suggested inserting council members by seniority. Council was comfortable with that. Motion by Council Member Love, seconded by Council Member King, to approve Res. #12 -001 as discussed. All in favor. Motion carried unanimously. 2. Res. #12 -002 — Assigning Duties as they Relate to Handling Banking Transactions Administrator Larson stated that this is an annual Resolution with the same duties assigned to Staff as last year. 2 City of Centerville Council Meeting Minutes January 11, 2012 Motion by Council Member King, seconded by Council Member Fehrenbacher, to approve Res. #12 -002 — Assigning Duties as they Relate to Handling Banking Transaction. All in favor. Motion carried unanimously. 3. Res. #12 -003 — 2012 Appointments Mayor Wilharber reviewed the appointments that were made in 2011 and asked Council Members their interests. Discussion was had regarding contacting Ms. Michelle Lakso to ascertain whether she desired to remain on the Economic Development Authority and if she knew of a business owner in the community that desired to serve on the Committee. Discussion ensued regarding the Drainage Ordinance Committee, its purpose and necessity. Kurt stated that this Committee had been on the records for numerous years and is required when certain drainage /ditch issues are handled. Consensus was to change the membership of the Drainage Committee to be the Council. Motion by Council Member Fehrenbacher, seconded by Council Member Love, to approve Res. #12 -003 — Appointments as discussed. All in favor. Motion carried unanimously. 4. Workers Compensation Renewal (LMCIT) — Coverage for Elected/Appointed Officials Administrator Larson reviewed the coverage, associated premiums of approximately $70 /year for the Council and a like amount for the Park and Rec Committee and Planning and Zoning Commission. Administrator Larson explained that the City does carry coverage for volunteers and many times Council, Committee, Commission members volunteer for events sponsored by the City and they would be eligible to utilize that coverage if injured while being a volunteer; however, if an elected/appointed official is serving in the capacity of the position that they have been elected or appointed to carry out, they would not. Administrator Larson stated that with this coverage, they would be treated as an employee in their appointed or elected position for the purpose of workers compensation coverage only. Council Members Love had concern that he serves on the League of Minnesota Cities Insurance Trust Board and that there may be a conflict of interest. Consensus of the Council was to provide this coverage for Council, Committee and Commission Members and directed staff to prepare a resolution for their next meeting. 6. Authorizing Continuing Well Agreement w /Central Bank in the Event of Foreclosure Attorney Glaser reported that the City of Centerville had entered into an agreement with the property owner of 7085 Progress Road regarding the repair /replacement of the existing well on the property, the timing of the downtown redevelopment, installation of municipal services relative to the location of the property and requirements of City Code related to municipal services. Attorney Glaser reported that the property owner is in the midst of foreclosure proceedings and the foreclosing bank has agreed to enter into the same agreement with the City. Attorney Glaser recommended that Council continue the agreement with the foreclosing bank. If Council chose not to do that he would need to respond to the courts on the City's behalf to preserve the agreement beyond the foreclosure. 3 City of Centerville Council Meeting Minutes January 11, 2012 Council Member Love reported that due to his employment he has participated in other dealings with the firm Murnane /Brandt Attorneys at Law but did not feel it was a conflict of interest. Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to Continue the Current Well Agreement w /Central Bank in the Event of Foreclosure on the Montain Property located at 7085 Progress Road. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES 1. City Administrator a. DNR Forestry Grant Administrator Larson reported that previously the City received grant funding from the DNR for trees that were installed in Laurie LaMotte Memorial Park last year as part of a Boy Scout project. The grant encumbered park property for thirty years. Administrator Larson stated that this grant would have similar restrictions and does not pay for trees planted on private property. Further, City code requires front -yard planting but does not allow boulevard plantings. Administrator Larson reported that the grant can only be utilized on public property and felt that the City would not benefit from this grant and this time. b. "Shovel Ready" Program Administrator Larson reported that the City owned property along Commerce Drive was certified "Shovel Ready" allowing it to be unique and marketed differently by DEED. c. Other Administrator Larson stated that recently he and Staff met with staff from the City of Lexington regarding shared services for building inspections and that is proceeding. Administrator Larson reported that he and Staff would again be meeting with them in the near future to continue discussions. Mayor Wilharber questioned whether additional discussions were had with the individuals interested in the lease option for the City's old Public Works site. Administrator Larson stated that due to the holidays, there has been a temporary delay in discussions. Attorney Glaser reported that the ticket education program is coming to an end, Administrators would be receiving reports within the next week, positive offender and police department feedback, addressed concerns regarding revenue and allocation of funding. Engineer Statz reported that Staff is continuing to work with the contractor regarding the trail project overages. Council Member Love reported that the Planning & Zoning Commission has been discussing the current snowmobile ordinance and bringing it in line with surrounding communities for ease of enforcement and user understanding. 4 City of Centerville Council Meeting Minutes January 11, 2012 Council Member Fehrenbacher reported that labor negotiations with the Sergeants Union and non -union employees have been completed and contracts are in place for 2012 and 2013. Council Member King reported that the Parks & Recreation Committee cancelled their January 14 skate night/hayride event due to the lack of ice and warm temperatures. Council Member King reported that the next event would be held on February 11, 2012 from 6:00 — 9:00 p.m. Mayor Wilharber reported that he had discussions with the Chief of Police regarding attendance of an officer at meetings on a quarterly basis. Chief Coan agreed to have a representative available to attend. Mayor Wilharber also reported that he had received several complaints regarding snowplowing and private ponds. Mayor Wilharber stated that he has not received additional comments from the same residents following Administrator Larson's handling of the calls. X. ADJOURNMENT Motion was made by Council Member King, seconded by Council Member Paar, to adjourn the regularly scheduled meeting of January 11, 2012 at 7:25 p.m. All in favor. Motion passed unanimously. Transcribed by Staff member, Teresa Bender 5 VI 1 1 VI VLItl I L I% Y 1 I I I Page 1 Check Detail - January 25, 2012 Date Check# Vender Name Comments Amount 1/19/2012 000250E MINNESOTA DEPT OF REVENUE MN STATE PAYROLL TAXES - PAY PERIOD 02 $1,0 1/19/2012 000251E PERA PERA W/H - PAY PERIOD 02 $2,797.,, 1/19/2012 000252E IRS /EFTPS FICA/MED - W/H PAY PERIOD 2 $2,728.39 1/19/2012 000252E IRS /EFTPS FED W/H PAY PERIOD 2 $2,578.16 $5,306.55 1/19/2012 000253E WELLS FARGO H.S.A. PAYMENT - PAY PERIOD 2 $1,327.08 1/25/2012 027003 BUSINESS FORMS & ACCOUNTING LASER NP CHECKS - BLUE $194.61 1/25/2012 027004 DELTA DENTAL COBRA -PYMT FEB.2012 $26.60 1/25/2012 027004 DELTA DENTAL DENTAL INS. -FEB. 2012 $431.15 $457.75 1/25/2012 027005 EHLERS & ASSOCIATES INC D. LARSON - SEMINAR - 2012 PUBLIC FINANCE $260.00 1/25/2012 027006 ERICK MARSHALL ELECTRIC, INC. P.W. BLDG AT LAMOTTE PARK - INSTALL WIRING & $450.00 1/25/2012 027006 ERICK MARSHALL ELECTRIC, INC. REPLACE GFI & RS COVER IN CHEMICAL ROOM $163.00 $613.00 1/25/2012 027007 HEALTH PARTNERS HEALTH INSURANCE - FEB. 2012 $5,091.48 1/25/2012 027008 INTERNATIONAL UNION OF OPERATI UNIION DUES FOR FEB. 2012 $96.00 1/25/2012 027009 MET. COUNCIL ENV. SERV. (SDS) FEB. 2012 WASTEWATER SERVICES $15,769.71 1/25/2012 027010 MN DNR WATERS 2011 MN DNR ANNUAL REPORT OF WATER USE $808.20 1/25/2012 027011 NATIONWIDE RETIREMENT SOLUTION DEF COMP W/H - PAY PERIOD 2 $160.00 1/25/2012 027012 NORTH METRO TELECOMMUNICATION TOSHIBA DR430 DVD RECORDER $13 1/25/2012 027013 OLSON S SEWER SERVICE, INC. MALLARD WAY - DITCH CLEAN ALONG OUTLOT B $9,626.34 1/25/2012 027014 PALZER, PAUL MILEAGE REIMBURSEMENT 1 -9, 1 -10, 1 -11 & 1 -12 BLDG $84.36 1/25/2012 027015 PRESS PUBLICATIONS ORD. 54 SECOND SERIES $102.30 1/25/2012 027015 PRESS PUBLICATIONS ORD. 53 $55.80 1/25/2012 027015 PRESS PUBLICATIONS ORD. 52 $125.55 $283.65 1/25/2012 027016 SENSUS METERING SYSTEMS SOFTWARE SUPPORT FROM 3 -1 -12 THRU 3 -1 -13 $1,650.00 1/25/2012 027017 STANTEC CONSULTING SERVICES IN TE GRANT TRAIL - SERV THRU 12 -31 -11 $6,040.40 1/25/2012 027017 STANTEC CONSULTING SERVICES IN GENERAL - SERV THRU 12 -31 -11 $207.95 1/25/2012 027017 STANTEC CONSULTING SERVICES IN BACKAGE RD /21ST AVE IMPRV - SERV THRU 12 -31 -11 $552.50 $6800.85 1/25/2012 027018 XCEL ENERGY 7300 MILL RD - SERV THRU 1 -8 -12 $156.03 1/25/2012 027018 XCEL ENERGY 1889 CENTER ST - SEWER LIFT - SERV THRU 1 -8 -12 $19.64 1/25/2012 027018 XCEL ENERGY 1600 LAMOTTE DR - BALLFIELD LIGHTS - SERV THRU 1 -8 -12 $10.17 1/25/2012 027018 XCEL ENERGY 7285 MAIN ST - SERV THRU 1 -8 -12 $67.30 1/25/2012 027018 XCEL ENERGY 1880 MAIN ST - CITY HALL/FIRE STATION - SERV THRU 1 -7- $470.61 1/25/2012 027018 XCEL ENERGY 1682 MAIN ST - SERV THRU 1 -8 -12 $138.60 1/25/2012 027018 XCEL ENERGY 1600 LAMOTTE DR - WARMING HOUSE - SERV THRU 1 -8 -12 $23.72 1/25/2012 027018 XCEL ENERGY 7029 CENTERVILLE RD - SERV THRU 1 -8 -12 $10.29 1/25/2012 027018 XCEL ENERGY 1880 MAIN ST - SERV THRU 1 -7 -12 $883.93 1/25/2012 027018 XCEL ENERGY STREET LIGHTS - SERV THRU 1 -8 -12 $2,560.17 1/25/2012 027018 XCEL ENERGY 1875 FOX RUN - PUMP - SERV THRU 1 -8 -12 $223.73 1/25/2012 027018 XCEL ENERGY 6970 LAMOTTE DR - SERV THRU 1 -7 -12 $343 1/25/2012 027018 XCEL ENERGY 1601 LAMOTTE DR - SERV THRU 1 -8 -12 $4 1/25/2012 027018 XCEL ENERGY 1745 MAIN STREET - SERV THRU 1 -8 -12 $138. ' $5,094.30 Total checks $57,587.70 6 CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 1/1/2012 - 1/7/2012 Jan 06, 2012 03:20PM Report Criteria: Report type: Summary GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount 01/12 01/06/2012 5145 10600 ANCOM COMMUNICATIONS, IN PAGER REPAIRS 485.00 01/12 01/06/2012 5146 11565 ASPEN MILLS UNIFORMS 216.00 01/12 01/06/2012 5147 30040 CDW GOVERNMENT, INC Cisco PHONE 227,38 01/12 01/06/2012 5148 30490 CENTERPOINT ENERGY DEC STATION 2 GAS 424.01 01/12 01/06/2012 5149 30500 CENTURY LINK CENTERVILLE PHONE 55.89 01/12 01/06/2012 5150 31008 COMCAST JAN INTERNET CENTERVILLE 94.00 01/12 01/06/2012 5151 40150 DISCOUNT TIRE, INC TIRESR31 308.09 01/12 01/06/2012 5152 50050 DARREN ECKART FIRE PREVENTION SUPPLIES R 89,65 01/12 01/06/2012 5153 50120 EMERGENCY APPARATUS MAI ENGINE 11 MTC 1,863.95 01/12 01/06/2012 5154 60300 FIRE SAFETY USA, INC LARGE HONDA FANS 6,701.37 01/12 01/06/2012 5155 70578 GRAINGER PERMANENT KEY SAFE 265.21 01/12 01/06/2012 5156 80220 HAMLINE UNIVERSITY PUBLIC SAFETY ADMIN/PD 1,300.00 01/12 01/06/2012 5157 120450 CITY OF LIND LAKES 4TH QTR COMMON AREA CHG 3,625.00 01/12 01/06/2012 5158 130827 MN STATE COLLEGES & UNIV MEDICAL TRAINING MATERIAL 642.75 01/12 01/06/2012 5159 131500 MY ALARM CENTER, LLC 1ST QTR 2012 MONITORING ST 95.60 01/12 01/06/2012 5160 140420 NO CENTRAL EMS COOPERATI 2012 NCEMSC MEMBERSHIP/B 75.00 01/12 01/06/2012 5161 160050 PAETEC DEC PHONES STATION 2 148.14 01/12 01/06/2012 5162 180600 CITY OF ROSEVILLE JAN JT POWERS MIS 698.16 01/12 01/06/2012 5163 220200 VERIZON WIRELESS COMMUNICATIONS 90.21 01/12 01/06/2012 2012001 210300 US BANK DIRECT PAY -DEC VISA 865.33 Grand Totals: 18,270.74 • M = Manual Check, V = Void Check 7 CENTENNIAL LAKES POLICE DEPT Check Register - Police GL without invoice numbers Page: 1 Check Issue Dates: 1/1/2012 - 1/12/2012 Jan 12, 2012 02:17PM Report Criteria: Report type: Summary GL Check Ck No Description Check Period Issue Date Payee Amount 01/12 01/03/2012 8749 HEALTH PARTNERS JAN HEALTH INS 9,170.70 01/12 01/03/2012 8750 U S BANK QUARTERLY HSA PMT 11,437.50 01/12 01/03/2012 8751 DELTA DENTAL JAN DENTAL INS 992.50 01/12 01/12/2012 8752 DEPUTY REGISTRAR #150 FORFEITURE VEH TRANSFERS 02 JE 40.00 01/12 01/12/2012 8753 ACTION FLEET, INC VEH MTC 203.39 01/12 01/12/2012 8754 ANOKA CO CHIEFS OF POLICE ASSN 2012 MEETING EXPENSES 237.00 01/12 01/12/2012 8755 ANOKA COUNTY TREASURY DEPT 2011 CREDIT CHECKS 52.69 01/12 01/12/2012 8756 ASPEN MILLS UNFORMS 99.50 01/12 01/12/2012 8757 BCA/MNJIS SECTION 4TH QTR CJDN 390.00 01/12 01/12/2012 8758 CENTENNIAL UTILITIES DEC UTILITIES 730.25 01/12 01/12/2012 8759 CENTURY LINK JAN COMMUNICATIONS 168.18 01/12 01/12/2012 8760 COVERALL OF TWIN CITIES, INC JAN CLEANING SERVICES 798.08 01/12 01/12/2012 8761 DELTA DENTAL FEB DENTAL INS 992.50 01/12 01/12/2012 8762 DEPUTY REGISTRAR #150 TABS 1999 300M 19.00 01/12 01/12/2012 8763 DON'S CIRCLE SERVICE, INC DEC VEH REPAIR 734.83 01/12 01/12/2012 8764 ENVENTIS TELECOM, INC PHONES /LONG DISTANCE 399.10 01/12 01/12/2012 8765 FRATTALLONES HARDWARE, INC. BATTERIES 8.54 01/12 01/12/2012 8766 GARY L FISCHLER & ASSOCIATES, P PERSONNEL TESTING 445.00 01/12 01/12/2012 8767 HEALTHCARE ENV. SERVICES LLC CONTROLLED SUBSTANCE DISPOSA 50.00 01/12 01/12/2012 8768 HOLIDAY FLEET DEC FUEL 4,032.26 01/12 01/12/2012 8769 KNOWLAN'S SUPER MARKETS SUPPLIES 48.72 01/12 01/12/2012 8770 ANGELA KRUYER UNIFORMS 30.56 01/12 01/12/2012 8771 MICHELLE LAKSO DEC CERT HOURS 682.00 01/12 01/12/2012 8772 MN UNEMPLOYMENT INS FUND 4TH QTR REEMP INS SK 2.24 01/12 01/12/2012 8773 O'REILLY AUTOMOTIVE, INC VEH SUPPLIES 135.61 01/12 01/12/2012 8774 PITNEY BOWES, INC POSTAGE METER MTC 18.21 01/12 01/12/2012 8775 POSTNET POSTAGE 31.80 01/12 01/12/2012 8776 QUILL CORPORATION OFFICE SUPPLIES 569.13 01/12 01/12/2012 8777 SKILL PATH SEMINARS MICROSOFT OFFICE SOFTWARE 280.61 01/12 01/12/2012 8778 TEE'S PLUS DARE TEES 1,053.00 01/12 01/12/2012 8779 TELECIDE PRODUCTIONS, INC COMPUTER MTC /SUPPORT 60.00 01/12 01/12/2012 8780 UNIFORMS UNLIMITED, INC UNIFORMS 630.19 01/12 01/12/2012 8781 TWIN CITY GARAGE DOOR CO DOOR REPAIR 375.14 Grand Totals: 34,918.23 M = Manual Check, V = Void Check 8 CENTENNIAL LAKES POLICE DEPT Check Register - Police GL without invoice numbers Page: 1 Check Issue Dates: 12/23/2011 - 12/31/2011 Jan 12, 2012 02:13PM Report Criteria: Report type: Summary GL Check Ck No Description Check Period Issue Date Payee Amount 12/11 12/27/2011 8748 POST BOARD LICENSING FEE ZECH 90.00 M 12/11 12/30/2011 201101 MN DEPT OF REVENUE DIRECT PAY -SALES TAX 2011 728.00 Grand Totals: 818.00 M = Manual Check, V = Void Check 9 EOUIPMENT LEASE AGREEMENT THIS EQUIPMENT LEASE AGREEMENT, dated February 1, 2012, is between CENTERVILLE LIONS CLUB, having its principal place of business at 7260 Unity Avenue, Centerville, Minnesota 55038, referred to as Lessor, and the CITY OF CENTERVILLE, a Minnesota municipal corporation, 1880 Main Street, Centerville, MN 55038, referred to as Lessee. Lessor and Lessee agree to the terms and conditions set forth below: SECTION ONE LEASE Lessor leases to Lessee and Lessee leases from Lessor one Concession Trailer, and personal property and equipment associated with that Trailer. SECTION TWO TERM The term of this Agreement shall be for a term expiring on August 31, 2012, unless earlier the Equipment is returned to Lessor, in which case the lease shall terminate upon the date of return. SECTION THREE RENT As rent for the Equipment, Lessee agrees to pay Lessor the sum of twenty five (25) percent of the net profits of concession sales at the LaMotte Park ball fields. SECTION FOUR DELIVERY OF EQUIPMENT A. Lessee acknowledges (1) that the Equipment leased is currently owned by Lessor and is situated at 7087 20 Avenue. Lessee shall be responsible to move the Equipment from the current location to LaMotte Park and to return it to the current location at the end of the lease period. SECTION FIVE LICENSING Lessee agrees to obtain and maintain, at its sole cost and expense, such food operator licensing as is required by law. Licensing of the Equipment (trailer), if required, shall be paid by Lessor. 1 110 SECTION SIX LESSOR'S INSPECTION Lessor shall have the right at any time during normal business hours to inspect and examine the Equipment to insure compliance by Lessee with its obligations under this Lease Agreement and its obligations under the law. SECTION SEVEN USE OF EQUIPMENT During the term of this Lease Agreement, Lessee agrees to use the Equipment carefully and in a manner contemplated by the manufacturer to insure that the Equipment will remain usable during its entire economic life. Lessee agrees to comply with all laws, ordinances, or regulations relating to the use, operation, or maintenance of the Equipment. SECTION EIGHT REPAIRS Lessee agrees, at its sole cost and expense, to keep the Equipment in good repair, condition, and working order, reasonable wear and tear excepted, and to furnish any and all parts, mechanisms, and devices needed to repair the Equipment so as to keep the Equipment in good mechanical and working order. SECTION NINE ALTERATIONS Lessee shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent. SECTION TEN LOSS AND DAMAGE Lessee assumes and shall bear the entire risk of loss, damage to, theft or destruction of the Equipment, from any and every cause whatsoever. Lessee's obligations with respect to such loss or damage shall commence at the time the trailer is picked up at 7087 20 Avenue, Centerville, and shall end when the Equipment is returned to that address at the end of the lease term and during any period when the lease is suspended as indicated in Section Sixteen. SECTION ELEVEN INSURANCE Lessee, at its sole cost and expense, shall procure and maintain (a) insurance covering the risk of physical damage to the Equipment, and (b) public liability and property damage insurance in amounts typically procured by Lessee. 2 11 SECTION TWELVE ENCUMBRANCES Lessee agrees to keep the Equipment free and clear of all levies, liens, and encumbrances, whether voluntary or involuntary. SECTION THIRTEEN INDEMNITY Lessee agrees to defend, at its sole cost and expense, and to indemnify and hold harmless, Lessor, its agents and employees, from and against any and all loss, claims, actions, suits, damages, however caused, resulting directly or indirectly from or pertaining to the possession, use, lease, operation, rejection, or return of the Equipment. SECTION FOURTEEN OWNERSHIP BY LESSOR The Equipment is, and shall at all times remain, the sole and exclusive property of Lessor, and Lessee shall have no right, title, or interest in the Equipment except as expressly set forth in this Lease Agreement. SECTION FIFTEEN ASSIGNMENT BY LESSEE Lessee shall not, without the prior written consent of Lessor, assign, delegate, or transfer this Lease Agreement, or permit the Equipment, or any part, to be used by anyone other than Lessee or Lessee's employees. SECTION SIXTEEN TERMINATION, MODIFICATION, OR WAIVER This Lease Agreement cannot be terminated or cancelled except as expressly provided. No amendment, alteration, or change to this lease Agreement shall be effective unless in writing and signed by Lessor and Lessee. It is understood that Lessor uses this equipment to provide emergency relief to area communities in the event of a natural disaster. Upon the occurrence of such an event, Lessor may upon 12 hours notice, suspend or terminate this lease in order to respond to the disaster. Upon such notice, Lessee shall remove its property from the Equipment and surrender possession to Lessor. It is understood that the Lessor will use the Equipment for Fete des Lacs from July 29 -31. Lessee will return Equipment to Lessor during this time period. Further Lessor will have the right upon five days notice to use the equipment for other events. The lease will be suspended during these time periods during which Lessor will assume responsibility for the loss or damage to the Equipment. 3 12 SECTION SEVENTEEN NOTICES All notices required or permitted under this Lease Agreement shall be sufficient if delivered personally or mailed to the party at the address set forth in this Agreement, or at such other address as either party may designate in writing from time to time. Any such notice mailed to such address shall be effective twenty four (24) hours after it has been deposited in the United States mail, properly addressed and with postage fully prepaid. SECTION EIGHTEEN APPLICABLE LAW AND ENFORCEMENT The validity, enforcement, and performance of this Lease Agreement shall be governed and determined by the laws of the State of Minnesota. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by an authorized representative on the date appearing below. LESSOR: CENTERVILLE LIONS CLUB Dated: , 2012 By: Its LESSEE: CITY OF CENTERVILLE Dated: , 2012 By: Dallas Larson, City Administrator 4 13 COUNTY O F A N O K A Integrated Waste Management Department Government Center 2100 3rd Avenue, STE 340 • Anoka, Minnesota 55303 -5032 763 - 323 -5730 • Fax 763- 323 -5731 ANKA E -mail • recycle@co.anoka.mn.us COUNTY" www.AnokaCounty.us /recycle December 8, 2011 Teresa Bender Deputy Clerk � 2 011 1880 Main St Centerville MN 55038 Dear Teresa; �y The Anoka County Board of Commissioners approved 2012 Municipal Goals, SCORE Municipal Reimbursement Funding Allocations on November 22, 2011. In addition staff was authorized to prepare Residential Recycling Program Agreements. The Anoka County Agreements are based on the following: • 2012 Municipal Residential Recycling Goal — The abatement goal has increased from 175 pounds per person per year to 180 pounds per person per year. The increase is due to the new recycling goals in the new Metropolitan Solid Waste Management Policy Plan. The population is based on the 2010 Census. Specific goals are listed in the chart on the reverse side of this memo. • 2012 SCORE Municipal Reimbursement Funding Allocation — The 2012 SCORE allocation is a base of $10,000 and $5.00 per household, a reduction of 5 cents per household. Specific allocations are in the chart on the reverse side of this memo. Anoka County is expecting a fall SCORE payment of $407,827 and a spring SCORE payment of $407,827. The proposed 2012 municipal funding includes the additional payment expected to be received in the spring of 2012. If the second payment is not received the funding allocation will be reduced accordingly. • 2012 Contracts — The 2012 residential recycling program contracts are included in this mailing. Please note the language in Section 7 regarding the SCORE funding. Section 7. Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event insufficient SCORE funds are available. If the spring SCORE payment of $407,827 is not received or is reduced, the County may reduce the project maximum amount payable to the Municipality. The County will promptly notify the Municipality in the event that the project maximum will be reduced. Please have the mayor /town board chair and clerk/administrator sign all three copies of the agreement and return to Anoka County to complete the signature process. When the agreements are completely signed, an original copy will be mailed back to you and Anoka County will retain two copies for its files. Thank you! Sincerely, SI 'f Carolyn Smith Solid Waste Abatement Specialist Affirmative Action / Equal Opportunity Employer Printed on 50% recycled paper of which 30% is post consumer 14 2012 SCORE Funding and Goals $10,000 Base per municipality and $5.00 per household Goal based on 180# per person per year 2012 funding is based on receiving an additional spring payment of $407,827. If this spring payment is not received, the 2012 funding total will be one half the total for each municipality. Municipality Contract # 1111 Population Goal 2012 Funding Andover 2011 -0428 9,811 30,598 2754 $ 59,055.00 Anoka 2011 -0429 7,060 17,142 1543 $ 45,300.00 Bethel 2011 -0430 174 466 42 $ 10,870.00 Blaine 2011 -0433 21,077 57,186 5147 $ 115,385.00 Centerville 2011 -0431 1,315 3,792 341 $ 16,575.00 Circle Pines 2011 -0432 2,006 4,918 443 $ 20,030.00 Columbia Heights 2011 -0434 7,926 19,496 1755 $ 49,630.00 Columbus 2011 -0435 1,416 3,914 352 $ 17,080.00 Coon Rapids 2011 -0436 23,532 61,476 5533 $ 127,660.00 East Bethel 2011 -0441 4,060 11,626 1046 $ 30,300.00 Fridley 2011 -0442 11,110 27,208 2449 $ 65,550.00 Ham Lake 2011 -0443 5,171 15,296 1377 $ 35,855.00 Hilltop 2011 -0444 380 744 67 $ 11,900.00 Lexington 2011 -0445 787 2,049 184 $ 13,935.00 Lino Lakes 2011 -0446 6,174 20,216 1819 $ 40,870.00 Linwood 2011 -0447 1,884 5,123 461 $ 19,420.00 Nowthen 2011 -0448 1,450 4,443 400 $ 17,250.00 Oak Grove 2011 -0449 2,744 8,031 723 $ 23,720.00 Ramsey 2011 -0450 8,033 23,668 2130 $ 50,165.00 St Francis 2011 -0451 2,597 6,234 561 $ 22,985.00 Spring Lake Park 2011 -0452 2,520 7,218 650 $ 22,600.00 Total 121,227 330,844 29,776 $ 816,135.00 Population and Household count based on 2010 Census. Total SCORE allocation is $815, 654, $481.00 has been added to round up to $5.00 per HH. 15 Anoka County Contract # 2011 -0431 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 1st day of January, 2012, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY ", and the CITY OF CENTERVILLE, hereinafter referred to as the "MUNICIPALITY ". WITNESSETH: WHEREAS, Anoka County will receive $407,827.00 in funding from the Solid Waste Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds ") prior to the effective date of this Agreement; and WHEREAS, Anoka County anticipates receiving an additional $407,827.00. in SCORE funds in the spring of 2012; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. 2. TERM. The term of this Agreement is from January 1, 2012 through December 31, 2012, unless earlier terminated as provided herein. 3. DEFINITIONS. a. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a. b. "Multi -unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. c. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. § 115A.552. d. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. e. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, major appliances and vehicle batteries. f. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. g. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 38. 1 16 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 341 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including multi -unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper, glass, plastic, metal and textiles. ii. The recycling program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling program; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community presentations are to be given on recycling. The public information components listed above must promote the focused recyclable material of the year as specified by the County. The County will provide the Municipality with background material on the focused recyclable material of the year. iv. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. b. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipality shall prepare and submit to the County by March 31, 2012, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. 5. REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20, 2012 and January 20, 2013: a. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop -off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. 2 17 c. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 2012 and January 20, 2013. Costs not billed by January 20, 2013 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, Tess revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $16,575.00. The project maximum for eligible expenses shall be computed as follows: a. A base amount of $10,000.00 for recycling activities only; and b. $5.00 per household for recycling activities only. Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event insufficient SCORE funds are available. If the spring SCORE payment of $407,827.00 is not received or is reduced, the County may reduce the project maximum amount payable to the Municipality. The County will promptly notify the Municipality in the event that the project maximum will be reduced. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. 9. AUDIT. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition,' the County shall have access to the project site(s), if any, at reasonable hours. 10. GENERAL PROVISIONS. a. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards 3 18 established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. b. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. c. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. d. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. e. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. f. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. g. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. h. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. i. Nothing in this Agreement shall be construed as creating the relationship of co- partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by 4 19 the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). 12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 13. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not Tess than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: CITY OF CENTERVILLE COUNTY OF ANOKA By: B Rhonda Sivarajah, Chair Name: Anoka County Board of Commissioners Title: Date: Date: By: Jerry Soma By: County Administrator Municipality's Clerk Date: Date: Approved as to form and legality: Approved as to form and legality: Assistant County Attorney 5 20 RESOLUTION #12 -0 A RESOLUTION AUTHORIZING WORKERS COMPENSATION COVERAGE FOR ELECTED AND APPOINTED OFFICIALS WHEREAS, the City Council has investigated the cost and benefits of providing workers compensation coverage to elected and appointed officials, and WHEREAS, the Council determines that elected and appointed officials have some risk of injury while acting on behalf of the City which could leave an official unable to work at his/her regular job, thus putting them at serious financial peril. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA: 1. Pursuant to Minnesota Workers' Compensation Act, Minnesota Statutes 176.011, subd. 9, clause 6. the following officers of the City of Centerville, elected or appointed are hereby included in the City's workers compensation coverage: • The Mayor & Council Members • Members of Parks & Recreation Committee • Members of the Planning & Zoning Commission 2. This action shall be effective and coverage shall be provided with the next policy renewal. Adopted by the City Council this 25th day of January, 2012. Tom Wilharber, Mayor Attest: Teresa Bender, City Clerk 22 Res. #12-0_ A RESOLUTION AUTHORIZING THE CREATION OF FUND NUMBER 401 WHEREAS, the Council has determined that it will implement a long -term street maintenance program, and WHEREAS, the street maintenance program will require on -going tax levies to support the program, and WHEREAS, the Council desires to carry over from year to year, any unspent funds and WHEREAS, the best means of accounting for expenditures of revenue and expenses for the street maintenance program is through a revolving improvement fund. NOW, THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA: 1. The Finance Director shall create a new fund number 401 identified as Revolving Street Fund. 2. The Finance Director is hereby authorized to transfer capital improvement funds for streets remaining in the General Fund for the year 2011, in the amount of $26,100 to the new fund. This transfer shall be recorded prior to closing the books on the 2011 budget. Adopted by the City Council this day of January, 2012. Tom Wilharber, Mayor Attest: Teresa Bender, Clerk 23