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2012-11-28 CC Packet
CITY OF CENTERVILLE COUNCIL MEETING & CLOSED EXE. SESSION AGENDA tervitte Wednesday, November 28, 2012 • EarthCuhed1857 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 CALL TO ORDER 1. Roll Call II. PUBLIC HEARING(S) 1. 2013 Street Improvement Project • a. 6:30 p.m. — Peterson trail from Main Street to Fox Run, Fox Run from Peterson Trail Westerly to its Terminus in the Cul -de -sac, Hayfield Road from Peterson Trail to Mill Road and all of Houle Circle b. 7:15 p.m. — Center Street (Pages 1 -2) 2. Municipal Services Rendered — Nuisance Abatement (Tabled from Previous • Meeting) III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. November 14, 2012 City Council Meeting Minutes (Pages 3 -8) V. CONSENT AGENDA 1. City of Centerville November 15, 2012 through November 28, 2012 Claims (Check #27615- 27632) (Page 9) 2. Centennial Fire District Claims through November 19, 2012 (Check #5586- 5595) (Page 10) 4. Successful Performance Evaluation — Mr. Tedd Peterson, Public Works Maintenance Technician VI. AWARDS /PRESENTATIONS /APPEARANCES 1. Centennial Lakes Police Department — Quarterly Report (Sgt. Pat Aldrich) (Page 11) VII. OLD BUSINESS • 1. None VIII. NEW BUSINESS 1. Res. #12 -0XX — Adopting Special Assessment for Nuisance Abatement • (Pages 12 -13) 2. Res. #12 -0XX — Ordering 2013 Street Improvement Project * *Will Be Forwarded Prior to Meeting ** 3. Ticket Education Program (Page 14) a. Agreement (Pages 15 -20) b. Program Policies & User Agreement (Pages 21 -23) 4. Joint Powers Agreement Between Anoka County & The Municipalities, Townships & School Districts in Anoka County to Allocate Costs for Election Expenses (Pages 24 -34) IX. ANNOUNCEMENTS/UPDATES 1. City Administrator Dallas Larson X. CLOSED EXECUTIVE SESSION 1. Litigation Issue — Request by City Attorney XI. PUBLIC HEARING 1. Municipal Services Rendered — Nuisance Abatement (Tabled from Previous Meeting) • XII. NEW BUSINESS 1. Res. #12 -0XX — Adopting Special Assessment for Nuisance Abatement (Pages 9 -10) XII. ADJOURNMENT *REMINDERS ** Thanksgiving Holiday — November 22 & 23, 2012 City Hall Offices Closed Planning & Zoning Commission Meeting — December 4, 2012, 6:30 p.m. Council Chambers (Public Hearings — Re -zone 7087 — 20 Avenue & Consideration of Conditional Use Permit — U -Haul) City Council Meeting — December 12, 2012, 6:30 p.m. Council Chambers Parks & Recreation Committee Meeting — December 12, 2012, 6:30 p.m. City Hall Offices City Council Meeting — December 26, 2012, 6:30 p.m. Council Chambers *PARK USAGE* LaMotte Park — October 15- November 30, 2012, 7:00 — 8:00 p.m., Dry-Land Practice LaMotte Park — October 23, 2012 — February 26, 2013, 5:00 — 8:00 p.m. Tuesdays, Dryland • Practice (CYHA B1 Squirt Team) Page 1 of 1 Teresa Bender • To: cpadrnos @comcast.net Subject: 2013 Street Improvement Project - Public Hearing Dear Mr. Padrnos: Thank you for your recent email stating your concerns regarding the proposed street improvement project that could potentially impact residents along Center Street and other roadways within the community. I will see to it that your concerns are forwarded to all Council Members for their Council packet for the public hearing scheduled for 7:15 p.m. on November 28, 2012 here at City Hall in Council Chambers. Please be advised that the purpose of the public hearing is to obtain public input regarding the proposed project, is open to the public and is a statutory requirement prior to ordering a project similar to this. Please attend if your schedule allows. If you have any additional questions or concerns, please do not hesitate to contact myself or City Administrator, Dallas Larson. Again, thank you for your input. Sincerely, Teresa Bender City Clerk City of Centerville 1880 Main Street Centerville, MN 55038 (651) 429 -3232 x 13 • (651) 429 -8629 1 II 11/16/2012 1 Teresa Bender From: Please Do Not Click Reply [support©govoffice.com] Sent: Thursday, November 15, 2012 7:07 PM 11111 To: Teresa Bender Subject: Questions, Comments or Concerns - Online Form (form) has been filled out on your site. Your Site has received new information through an online form. Online Form: Questions, Comments or Concerns - Online Form Site URL: www.centervillemn.com Name: Cory Padrnos Street Address, Including House Number: 1874 Center Street Questions /Concerns /Comments: Dear Mayor Wilharber: I received the public notification sent from your office dated November 12, 2012, in regards to the Center Street, street and water improvements. I would like to point out my disappointment in not seeing any changes to the language or the clarification to the transparency of the total intended assessment of this project. The bottom line on this project is the home - owners will be assessed (whether call a hook -up fee or assessment). The manner in which this letter is again written appears to be deviant and not forthcoming of the truth about the real cost impact this project will have on each property owner. I am also very disappointed that the Council has not communicated in this letter their willingness to re- consider the 2017 mandate for citizens to hook -up as discussed during the open house on October 3, 2012. The citizens that attended this meeting were lead to believe this was going to be high on the Council's agenda to address with a probability of change. Our wells represent one of the last few real freedoms Americans have left. In a time where government spending should be cut it would be fiscally irresponsible to move forward with this project if it includes a full reconstruction and installation of a water main. I want to re- iterate my position on this issue, the street is in needed of repair, (grind & resurface) and I only want what should have been in the city's budget through taxes already rendered. If the City would have properly maintained the streets through their life, they would not have degraded to the condition they are today. Why is government trying to force something on people what they do not want. This is how a Dictatorship and Communistic political system works, not Democracy. Sincerely, Cory Padrnos Telephone Number:: (651) 492 -3060 Email Address:: cpadrnos @comcast.net This person selected the following option(s). -Do you desire to be contacted via Email? Do Not Click Reply - This e -mail has been generated from an online form. This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com 1111 1 2 CITY OF CENTERVILLE CITY COUNCIL MEETING November 14, 2012 6:30 p.m. • Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of November 14, 2012, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher -..a: Council Member Steve King R7(1P '' Council Member D. Love Council Member Jeff Paar (lrfi ti,. . P ABSENT: None STAFF: Finance Director, Mike Jeziorski Legal Counsel, Kurt Glaser CANVASSING BOARD 1. CALL TO ORDER Mayor Wilharber called the Canvassing Board to order at 6:30 p.m. Finance Director Jeziorski gave a brief overview of the results from the November 6, III 2012 General Election for municipal seats stating that current Mayor Tom Wilharber ran unopposed and received 1,628 votes with 50 write -ins for other individuals; two (2) Council Seats (four (4) year terms) current Council Member Paar received 1,064 votes, current Council Member Fehrenbacher received 1,020 votes and Mr. Matthew Montain received 917 votes with 26 write -ins for other individuals. Finance Director Jeziorski congratulated Mayor Wilharber, Council Members Paar and Fehrenbacher for their wins. Finance Director Jeziorski also stated that the City of Centerville experienced a 84% voter turnout. Finance Director Jeziorski thanked Staff and the election judges for their contributions and hard work. Motion was made by Council Member Love and seconded by Council Member King to approve the Canvassing of Election Results as presented. All in favor. Motion passed unanimously. Mayor Wilharber adjourned the Canvassing Board meeting. CITY COUNCIL MEETING I. CALL TO ORDER • PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member D. Love 3 City of Centerville Council Meeting Minutes November 14, 2012 Council Member Jeff Paar • ABSENT: None STAFF: Finance Director, Mike Jeziorski Legal Counsel Kurt Glaser Mayor Wilharber called the meeting to order at 6:32 p.m. and opened the public hearing for Delinquent Utilities and Nuisance Abatement. II. PUBLIC HEARING(S) 1. Delinquent Sewer, Water & Garbage Services Associated with the 3 rd , 4 th Quarter of 2011 & the 1 & 2 " Quarters of 2012 Utility Billing Cycles Finance Director Jeziorski gave a brief overview of previous years' delinquent utilities stated that they have remained comparative. Council Member King questioned the reasoning behind the City assessing/collecting garbage fees for a private company. Attorney Glaser stated that it has been customary to provide this service to the hauler due to the fact that the City utilizes one service provider. Mayor Wilharber stated that Council felt with one hauler, the road -ways would receive less wear and tear with one (1) hauler on the same collection day for the entire • community. Council Member Love questioned the amount of properties that are vacant or in the process of foreclosure. Finance Director Jeziorski stated that he would be happy to provide that information to Council in the future. Finance Director Jeziorski stated that five (5) accounts have made payment since the resolution was crafted and contained in the packet with additional payments anticipated prior to forwarding to the County for certification. 2. Municipal Services Rendered — Nuisance Abatement Attorney Glaser requested that this item be tabled to the November 28, 2012 allowing for additional discussions with the resident's attorney. Attorney Glaser stated that the item may need to be discussed in closed session. Motion by Council Member Paar and seconded by Council Member Fehrenbacher to table this item to the next regular Council Meeting of November 28, 2012. All in favor. Motion passed unanimously. III. APPROVAL OF AGENDA Mayor Wilharber reviewed the resented Agenda with Council. p g 1111 Page 2 of 6 4 of Centerville Council Meeting Minutes November 14, 2012 • Motion was made by Council Member Love and seconded by Council Member City King to approve the Agenda as presented. All in favor. Motion passed unanimously. IV. APPROVAL OF MINUTES 1. October 24, 2012 City Council Meeting Minutes Motion was made by Council Member Fehrenbacher and seconded by Council Member King to approve the Minutes of the October 24, 2012 City Council Meeting as presented. All in favor. Motion passed unanimously. V. CONSENT AGENDA 1. City of Centerville October 25, 2012, 2012 through November 14, 2012 Claims (Check #27570- 27614) 2. Centennial Police Department Claims through November 8, 2012 Claims (Check #9162 -9203) w/Voided Check #9150 3. Centennial Fire District Claims through October 8, 2012 (Check #5555 -5582) w/Payroll Checks #5551 -5554 4. Encroachment Agreement, 1988 Main Street — Fence Motion was made by Council Member King and seconded by Council Member III Fehrenbacher to approved the Consent Agenda as presented. All in favor. Motion passed unanimously. VI. AWARDS /PRESENTATIONS /APPEARANCES None. VII. OLD BUSINESS 1. Anoka County Purchase of 7296 Main street — Chain of Lakes Boundary Attorney Glaser stated that both the City and the County negotiated items pertaining to the agreement, the removal of the property from the City of Centerville's property taxes and the presented agreement is the outcome of numerous discussions and Council direction. Attorney Glaser stated that slight modifications had been made since the document was previously discussed due to the County's ability to obtain funding to purchase the property, connect to municipal services and construction of a interpretive area for the Indian Burial Mounds. Motion by Council Member Fehrenbacher and seconded by Council Member Paar 1 0 to approve the Joint Powers Agreement Relating to the Amendment of the Rice Creek Chain of Lakes Park Reserve Boundary as presented. All in favor. Motion passed unanimously. Page 3 of 6 5 City of Centerville Council Meeting Minutes November 14, 2012 2. Centennial Fire District 2013 Budget Amendment &Capital Improvement 1111 Plan (CIP) Finance Director Jeziorski stated that due to the ability of capturing some administrative costs through grant proceeds, the Fire District desired to amend their 2013 Budget and Capital Improvement Plan by decreasing the previous approved 2013 Budget and CIP from $128,000 to 123,500. Motion by Council Member Love and seconded by Council Member Fehrenbacher to decrease the Centennial Fire District 2013 Budget & Capital Improvement Plan by $4,500 to $123,500. All in favor. Motion passed unanimously. VIII. NEW BUSINESS Mayor Wilharber Closed the Public Hearing for Delinquent Sewer, Water & Garbage Services 1. Res. #12 -026 — Delinquent Sewer, Water & Garbage Services As Finance Director Jeziorski stated earlier, five (5) individuals have paid since the resolution was crafted and more are likely to make payment prior to certification. Motion by Council Member Paar and seconded by Council Member King to adopt • Res. #12 -026 - Delinquent Sewer, Water & Garbage Services for Residents Associated with the 3 and 4 Quarter 2011, 1 and r Quarters of 2012 Billing Cycles and Assessing Same to Parcel Identification Numbers Through County Property Tax Statements Payable in 2013 as per payment modifications deem appropriate prior to the November 30, 2012 deadline for certification through County property taxes. All in favor. Motion carried unanimously. 2. Res. #12 -0XX — Adopting Special Assessment for Nuisance Abatement - Tabled 3. Ticket Education Program Review Attorney Glaser stated that the program is well received by both the Police Department Y � and the offenders; however, the Governing Board desires to decrease program costs which will be captured in the new agreements that Council will receive at their next meeting for consideration. 4. Mallard Way & Ditch Issues Both Council Members Paar and Fehrenbacher stated that they had received resident complaints regarding a recently forwarded letter from the City regarding the depositing of brush, grass clippings and storage of items from abutting property owners' on the City's • property. These same residents requested that the Council Members visit their rear yards to personally view the City's property, discussed the unsatisfactory condition that the contractor left the site in upon completion of the work, requested that going forward they Page4of6 6 City of Centerville Council Meeting Minutes November 14, 2012 • receive City requests either by telephone or in person rather than by mail and requested that they be allowed to improve the Outlot if the City was not going to be responsive to their requests for cleaning it up. Council Member Fehrenbacher stated that one abutting neighbor had installed a bridge, which the City removed due to it not meeting structural requirements and that the owner had requested that it be returned and to date it had been. Residents admitted that in the past they had been depositing items (brush and grass clippings) on the property a stopped after they found out that it disturbed the drainage ditch. Lengthy discussion was had by the Public Works Director Palzer stating that the contractor who cleaned the ditch left the site in satisfactory condition, that neighboring property owners placed brush and additional items onto the City's property on numerous occasions, that other debris could have been left by the previous owner, Ground Development and that most of the stumps viewed by property owners are located on their own property with the City not being responsible for removing them. Mr. Richard Gillitzer, 6873 Mallard Way, stated that he desired to clear and spruce up what he thought was his property due to the fact that it states that he owns a portion of the Outlot on his deed and he learned from his neighbors that he did not own it that the City did. Mr. Gillitzer explained that he desires to clean the same size area as his neighbors. Mr. Gillitzer also stated that he received a similar letter from the City, felt that it would be not only in his best interest but also the City's to spruce up the area, that City Staff was extremely rude to him when they were visiting the Outlot recently and that the letter was very threatening. • Attorney Glaser stated that there would be slight liability on the City's part if something happened during the resident cleanup. Consensus of the Council was for abutting property owners to meet with City Staff regarding future cleanup efforts and subsequent authorization for the owners to commence cleanup. IX. ANNOUNCEMENTS/UPDATES Council Member Fehrenbacher reported on the recent Police Governing Board meeting stating that staff was offered similar benefits as was offered to union employees, that several individuals that serve on the board were up for re- election, with representatives from the cities of Lexington and Centerville being reelected to their positions and that the City of Lexington will be hosting the meetings for the upcoming year. Council Members Love and Paar both thanked City Staff and election judges for their hard work with the recent General Election. Both Council Members thanked voters for the large turnout. Council Member Love stated that Mr. Chad Buechler, Operating Manager for CenterMart appeared before the Planning and Zoning Commission in November requesting a • Conditional Use Permit for the operation of a U -Haul Rental business at 1825 Main Street and the Commission ordered a Public Hearing for December 4, 2012 at 6:30 p.m. Page 5 of 6 7 City of Centerville Council Meeting Minutes November 14, 2012 X. ADJOURNMENT • Motion made by Council Member Paar and seconded by Council Member Fehrenbacher to adjourn the Council Meeting of November 14, 2012 at 7:38 p.m. All in favor. Motion passed unanimously. Transcribed by City Staff member: Teresa Bender, City Clerk • • Page 6 of 6 8 L.1 1 Y 01 I.CI■ 1 CKV ILLC 11/19/12 1:22 PM Page 1 Check Detail - November 28, 2012 • Check Date Check # Vender Name Comments Amoun% 11/23/2012 000367E IRS /EFTPS PAY PERIOD 24- W/H $2,796.60 11/23/2012 000367E IRS /EFTPS PAY PERIOD 24- W/H $2,433.25 Check Nbr 000367 IRS /EFTPS $5.229.85 11/23/2012 000368E MINNESOTA DEPT OF REVENUE PAY PERIOD 24 - W/H Check Nbr 000368 MINNESOTA DEPT OF REVENUE $979.82 11/23/2012 000369E WELLS FARGO PAY PERIOD 24 - W/H Check Nbr 000369 WELLS FARGO $1.200.00 11/23/2012 000370E PERA PAY PERIOD 24 - W/H Check Nbr 000370 PERA $2.810.94 11/28/2012 027615 ACR, INC. REPAIRS TO 2002 RANGER $669.28 11/28/2012 027615 ACR, INC. REPAIRS TO 2005 GMC 3500 $113.05 Check Nbr 027615 ACR, INC. $782.33 11/28/2012 027616 ANOKA COUNTY PROPERTY RECORDS 511284.003 -7185 BRIAN DRI - ENCROACHMENT AGREEMENT Check Nbr 027616 ANOKA COUNTY PROPERTY RECORDS $46.00 11/28/2012 027617 BARTELS, MARCIA MILEAGE REIMBURSEMENT FOR ELECTIONS Check Nbr 027617 BARTELS. MARCIA $5.55 11/28/2012 027618 BURMEISTER, GREG CLOTHING REIMBURSEMENT Check Nbr 027618 BURMEISTER, GREG $63.98 11/28/2012 027619 CITY OF ST. PAUL ASPHALT Check Nbr 027619 CITY OF ST. PAUL $75.21 11/28/2012 027620 CRYSTEEL TRUCK EQUIPMENT WING RETURN SPRING Check Nbr 027620 CRYSTEEL TRUCK EOUIPMENT $20.16 11/28/2012 027621 ESSEX, NORMA MILEAGE REIMBURSEMENT - ELECTIONS & TRAINING Check Nbr 027621 ESSEX, NORMA $9.59 11/28/2012 027622 HEALTH PARTNERS DECEMBER 2012 HEALTH INS. Check Nbr 027622 HEALTH PARTNERS $5.666.40 co4 11/28/2012 027623 INSTRUMENTAL RESEARCH INC OCT. 2012 WATER TEST br 027623 INSTRUMENTAL RESEARCH INC $38.00 11/28/2012 027624 JEZIORSKI, MIKE MILEAGE REIMBURSEMENT Check Nbr 027624 JEZIORSKI, MIKE $27.86 11/28/2012 027625 KONICA MINOLTA BUSINESS SOLUTI MONTHLY SERVICE ON KONICA COPIER Check Nbr 027625 KONICA MINOLTA BUSINESS SOLUTI $365.97 11/28/2012 027626 MET. COUNCIL ENV. SERV. (SDS) DECEMBER 2012 WASTEWATER SERVICE Check Nbr 027626 MET. COUNCIL ENV. SERV. (SDS) $15.769.71 11/28/2012 027627 MN DEPARTMENT OF HEALTH T. PETERSON - WATER SUPPLY SYSTEM OPERATOR RENEWAL Check Nbr 027627 MN DEPARTMENT OF HEALTH $23.00 11/28/2012 027628 NATIONWIDE RETIREMENT SOLUTION DEF COMP - PAY PERIOD 24 Check Nbr 027628 NATIONWIDE RETIREMENT SOLUTION $160.00 11/28/2012 027629 NORTHLAND TRUST SERVICES, INC. GEN. OBLG. IMPROV. REFUNDING BOND ;heck Nbr 027629 NORTHLAND TRUST SERVICES. INC. $21326.25 11/28/2012 027630 PETERSON, BRIAN REIMBURSE - FOR MOVIES IN THE PARK $548.47 11/28/2012 027630 PETERSON, BRIAN REIMBURSE FOR MUSIC IN PARKS $61.85 heck Nbr 027630 PETERSON. BRIAN $610.32 11/28/2012 027631 PRESS PUBLICATIONS ORD. #60 SECOND SERIES $102.30 11/28/2012 027631 PRESS PUBLICATIONS STREET PROD. $74.40 heck Nbr 027631 PRESS PUBLICATIONS $176.70 11/28/2012 027632 XCEL ENERGY 7285 MAIN ST - SERV THRU 11 -1 -12 $49.27 11/28/2012 027632 XCEL ENERGY 1600 LAMOTTE DR - WARMING HOUSE - SERV THRU 11 -1 -12 $39.54 11/28/2012 027632 XCEL ENERGY 1875 FOX RUN - PUMP - SERV THRU 11 -1 -12 $121.36 11/28/2012 027632 XCEL ENERGY 1889 CENTER STREET - SEWER LIFT - SERV THRU 11 -1 -12 $15.30 11/28/2012 027632 XCEL ENERGY 6970 LAMOTTE DR - SERV THRU 11 -3 -12 $167.16 11/28/2012 027632 XCEL ENERGY 1600 LAMOTTE DR - BALL FIELD LIGHTS - SERV THRU 11 -1 -12 $9.92 11/28/2012 027632 XCEL ENERGY 7300 MILL RD - SERV THRU 11 -1 -12 $123.49 11/28/2012 027632 XCEL ENERGY STREETS - SERV THRU 11 -1 -12 $2.440.81 :heck Nbr 027632 XCEL ENERGY $2.966.85 • Total Checks $58,354.49 PLEASE NOTE: DUE TO THE SHORT WEEK, THERE WILL BE UPDATED LIST OF CHECKS ON 11-28-12. 9 CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 11/16/2012 - 11/19/2012 Nov 19, 2012 10:36AM Report Criteria: • Report type: Summary GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount Y o t 11/12 11/16/2012 5586 11565 ASPEN MILLS, INC UNIFORMS 195.97 11/12 11/16/2012 5587 31008 COMCAST INTERNET CENTERVILLE STATI 101.50 11/12 11/16/2012 5588 60650 FRATTALLONE'S HARDWARE S DRILL BITS /MISC 57.50 11/12 11/16/2012 5589 160050 PAETEC PHONES STATION 2 149.61 11/12 11/16/2012 5590 160200 MIKE T PETERSON LODGING /MEALS MN FIRE CHI 854.17 11/12 11/16/2012 5591 180600 CITY OF ROSEVILLE NOV PHONE SERVICE 839.16 11/12 11/16/2012 5592 220200 VERIZON WIRELESS COMMUNICATIONS 78.06 11/12 11/19/2012 5593 11565 ASPEN MILLS, INC UNIFORMS 166.05 11/12 11/19/2012 5594 30480 CENTENNIAL UTILITIES OCT STATION 1 UTILITIES 220.41 11/12 11/19/2012 5595 160493 PREMIUM WATERS, INC BOTTLE WATER DEPOSIT -REM 1.53 Grand Totals: 2,663.96 • • M = Manual Check, V = Void Check 10 Page 1 of 1 Teresa Bender • From: James Coan [jcoan @clpdmn.com] Sent: Wednesday, October 31, 2012 8:20 AM To: Teresa Bender Cc: Dallas Larson Subject: FW: CV council meeting Hi Teresa, hope all is well! I'm not sure if Dallas has left on vacation, so would you mind putting Sgt. Pat Aldrich on the Centerville City Council Agenda for their November 28t Meeting. Pat will be delivering a quarterly presentation to the Council. Please let me know if you should have any questions or concerns. Thanks! Jim Coan From: Pat Aldrich [mailto :paldrich @clpdmn.com] Sent: Tuesday, October 30, 2012 11:43 PM To: jcoan @clpdmn.com Subject: CV council meeting Chief, I will be attending the Nov 28 meeting as I am off on Nov 14. Please let me know if that is an issue Thanx pat • Sgt. Pat Aldrich Centennial Lakes Police Department 54 North Rd Cirle Pines MN 55014 763 - 235 -2570 Safety. Community. Service. This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com • 10/31/2012 11 CITY OF CENTERVILLE Res. #12 — A RESOLUTION ADOPTING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT • WHEREAS, a Consent Decree and Special Assessment Agreement (Agreement) with regard to the property located at 7121 Centerville Road, was executed on August 16, 2012, by owners of the property, and, WHEREAS, the Agreement authorized clean up of the property by the City of Centerville, and WHEREAS, the costs of the clean-up totaled $16,514.54 and in accordance with the agreement, a bill was sent to the owner along with a notice that any amount unpaid after thirty days would be levied as a special assessment on the property, and, WHEREAS, a notice was provided to the property owner indicating that the council would consider the special assessment on the property and that owner would be afforded the opportunity to comment on how the special assessment should be repaid, and the property owners comments were received and considered by the council on November 14, 2012. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA: 1. A special assessment in the amount of $16,514.54, is hereby adopted and levied against the property at 7121 Centerville Road, Property ID #R23- 31 -22 -22 -0015. 2. Such assessment shall be payable over a period of [one (1) year] [x years - a schedule oil, payments is attached hereto], the first of the installments to be payable on or before the first Monday in January 2013, and the assessment shall bear interest at 4.5% from the date of adopting this assessment. 3. The owner of any property so assessed, may at any time prior to certification of the assessment to the County Auditor, pay the whole or part of the assessment on such property with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged on any amount paid within 30 days of the adoption of this resolution; and he may at any time thereafter, pay to the Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged to December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED by the City Council th 14 day of November, 2012. Tom Wilharber, Mayor Attest: Teresa Bender, City Clerk • OD to gii INVOICE 1 ...„...`, `' � g � DATE: 1880 Main Street October 11 2012 Centerville, MN 55038 Phone 651 - 429 -3232 Fax 651 -429 -8629 INVOICE 8853 BIII To: For: Pat Camp Baron and Mike Baron 9125112 - Property Clean up and Associated Costs 7121 Centerville Road Centerville, MN 55038 23-31-22-22-0015 DESCRIPTION AMOUNT Smith and Glaser at Law - Legal Services 1,719.00 City of Centerville - 38 hours Labor 2,280.00 Menards - Grass Seed 159.84 Olson Sewer - Labor 4,490.00 Waste Management - Dumpsters 6,790.70 40 Disposal of Fuel Oil Tank Disposal of Tires 300.00 775.00 I SUBTOTAL $ 16,514.54 Make all checks payable to City of Centerville CENTERVILLE'S TAX RATE Mailing address: 1880 Main Street, Centerville, MN 55038 SALES TAX • TOTAL $ 18,514.54 1 410 P39 -- — - - - -- -- - 13 MEMORANDUM • TO: Mayor and City Council CC: Dot Heifort FROM: Kurt B Glaser DATE: November 8, 2012 RE: Contract for the Ticket Education Program I am requesting action by the Council to approve my firm's contract to provide the Ticket Education Program for three years. We are pleased that the performance of the Program has proven to be popular with citizens and a productive public safety tool. Attached is the proposed contract between the City and my firm, iGovernment Solutions. I negotiated this contract with Jim Keinath and the Circle Pines City Attorney, Kim Kozar. We negotiated this contract with them in order to avoid any potential conflict of interest that could come from my service as your City Attorney. Jim Keinath kindly agreed to step -in to facilitate this process. The City of Circle Pines ratified their version of this contract two weeks ago. The version before 1111 you is slightly different than the Circle Pines version. The differences between the contract versions as follows: #1) Reference to Circle Pines have been changed to Lexington. #2) Circle Pines has appointed me as a "special prosecutor" for handling their City's cases through the Ticket Education Program. #3) Program policies were updated to reflect language approved by the Governing Board related to the 10% policy and inclusion of parking offenses. The reason behind using that term is because Circle Pines has another law firm which serves as their prosecutor. The language in Lexington's version of the contract reflects the fact that I already serve as your prosecutor, and my role in operating the Ticket Education Program will be incorporated into the existing services which I already provide ovide to the City. rP g Y P C ty. Please let me know if I can answer any other questions. Kurt Glaser • 14 • THIS AGREEMENT is entered into this day of , 2012, by and between Smith & Glaser, LLC, a Minnesota Limited Liability Corporation, doing business as iGovernment Solutions (hereinafter referred to as "iGovernment "), and the City of Centerville, a municipal corporation ( "Centerville "). RECITALS: WHEREAS, the cities of Circle Pines, Centerville, and Lexington have established the Centennial Lakes Police Department ( "CLPD "); and WHEREAS, the Centennial Lakes Police Department uses education as a means to promote public safety; and WHEREAS, the Centennial Lakes Police Department would like to use emerging � � g technology to educate offenders on an individual basis; and WHEREAS, the prosecutor for the cities of Centerville and Lexington has developed and tested an on -line system through his law firm, Smith & Glaser, LLC, to process tickets and 1111 provide public safety education to offenders on an individualized basis; and WHEREAS, the Governing Board of the Centennial Lakes Police Department supports implementing the alternative ticket processing and education program, subject to policies that are attached hereto as Exhibit A; and WHEREAS, Centerville desires to enter into an agreement with iGovernment for the online provision of a web -based ticket processing and education program; and WHEREAS, iGovernment is desirous to provide legal services in the form of a web - based ticket processing and education program. NOW THEREFORE the parties agree as follows: 1. Services. iGovernment will provide Centerville with legal services to prosecute administrative, traffic and criminal matters using its web -based ticket processing and education service. Centerville has appointed Kurt B. Glaser as its general prosecutor for • the purpose of providing legal services to the City. In addition, Kurt B. Glaser will 1 15 function as the prosecutor for those cases processed by iGovernment as provided for in • Exhibit A, attached hereto and incorporated herein (hereinafter "Services "). The Services shall be provided in accordance with the policies in Exhibit A. Centerville shall have the right to unilaterally modify the Services subject to paragraph 7 below. The right fY subject ght to modify Services shall only occur after consultation with the Centerville Prosecutor and iGovernment, and then by majority agreement of the Operations Committee of the Centennial Lakes Police Department. 2. iGovernment License. When iGovernment uploads or otherwise receives data and content, and specifically citation data, to iGovernment Services, Centerville gives iGovernment and those that iGovernment works with) s th) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes so that Centerville content works better with iGovernment Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights Centerville grants in this license are for the limited purpose of operating, promoting, and improving the Services and to develop new ones. This license continues for data captures up to the date of termination. • 3. Centerville License. iGovernment gives Centerville a personal, worldwide, royalty -free, non - assignable and non - exclusive license to use the software provided to Centerville by iGovernment as part of its Services. This license is for the sole purpose of enabling Centerville to use and enjoy the benefit of the web -based ticket education service or Services as provided by iGovernment, in the manner permitted by these terms. Centerville may not copy, modify, distribute, sell, or lease any part of iGovernment Services or included software, nor may Centerville reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or Centerville has iGovernment's written p ermission. 4. Data Retention, Access, and Security. iGovernment shall maintain Centerville data and content for as long as required by state and federal laws and regulations, and Centerville shall have access to Centerville data and content even if Centerville discontinues iGovernment Services. iGovernment shall always use and maintain Centerville data and content in strict compliance with all privacy laws and regulations, in particular, in 2 16 compliance with the Minnesota Government Data Practices Act, Minnesota Statutes '' • Chapter 13. If the web -based ticket processing and education service requires or includes downloadable software, this software may update automatically on Centerville's devices once a new version or feature is available. iGovernment and its vendors shall use a Secure Socket Layer protocol or better, and 128 bit encryption or better to secure data during transfer or storage. 5. Intellectual Property Rights. Using iGovernment web -based ticket processing and education service does not give Centerville ownership of any intellectual property rights in iGovernment Services. iGovernment's web -based ticket processing and education service may display some content that does not belong to iGovernment (for example, traffic safety videos.). This content is the sole responsibility of the entity that makes it available. Centerville's use of iGovernment's web -based ticket education service does not give Centerville the right to use or own any content that iGovernment displays. iGovernment is prohibited from the sale or display of advertising on its home web page used for transacting the web -based ticket processing and education services without • approval from Centerville. iGovernment may allow third - parties to sponsor or underwrite the cost of educational videos displayed on the website and website content provided for users to achieve objective based criteria. 6. Term. iGovernment will provide iGovernment web -based ticket education service for an initial term of three -years from the date this agreement is executed by Centerville ( "Effective Date "). After the initial three -year term, the Services will automatically renew for another year on the anniversary of the Effective Date but can be terminated by either party after 90 -days notice, with or without cause. Services can be terminated at any time, including the initial three -year period, for cause after giving notice and a thirty-day opportunity to cure any defect. 7. Payment. iGovernment shall retain one -third of the gross proceeds it receives from users who complete a transaction on iGovernment's website, with the remainder being remitted to Centerville. Notwithstanding the foregoing, neither party shall be entitled to payment in the event of a chargeback or refund except for any service charges as reflected in • Exhibit 13 attached hereto and incorporated herein. Otherwise, iGovernment's fee is fixed 3 17 for the initial three -year term of iGovernment Services as provided above. iGovernment shall provide Centerville with documentation of the gross proceeds received within 30 • days of the close of the preceding month. iGovernment shall remit amounts owed to Centerville within 30 days of the close of the month. 8. Changes To Payment. The payment terms described in paragraph 7 of this Agreement are subject to change under the following conditions: a. Change To Services: In the event Centerville changes the terms of service in a manner effecting iGovernment's cost of doing business, at such time iGovernment shall have the right to reopen and reasonably renegotiate the terms of payment specified in paragraph 7; b. Anniversary Review: On the anniversary of this Agreement, and upon a showing of change to the income or expense assumptions forming the payment terms of this Agreement, either party shall have the right to reopen and reasonably renegotiate the terms of payment specified in paragraph 7; and c. Cooperative Pricing Incentive: iGovernment shall reward or credit future • payments to Centerville in the event new iGovernment clients use the same database engine used to provide service to Centerville. In this event iGovernment shall reduce its percentage of gross income as specified in paragraph 7. This reduction shall be in an amount that divides the fixed cost to operate the database engine serving iGovernment clients using services similar to Centerville, and proportional to the number of paid tickets processed by the engine for each client. 9. Non - Assignment. This Agreement may not be assigned by iGovernment without Centerville's prior written consent. 10. Technical Problems. Upon notice from Centerville that the Site is inoperable or defective, iGovernment will make commercially reasonable efforts to remedy any problems or defects. 11. Mutual Indemnification and Insurance. The parties agree to indemnify, defend and to hold each other harmless from any claims, demands, liabilities, judgments, damages, • 4 18 expenses, and losses incurred by the other, including court costs and reasonable attorney's • fees, to the extent such claims, demands, liabilities, judgments, damages, expenses and losses arise out of or are based upon the parties' performance or failure to perform its obligations under this Agreement. By agreeing to this indemnification provision Centerville does not waive any rights to immunity. iGovernment shall carry, at its sole expense, professional liability insurance providing comprehensive coverage for its obligations under this agreement in an amount not less than $ 1,500,000. iGovernment shall use a Secure Socket Layer protocol or better, and certification issued for the benefit and protection of each user with no less than $10,000 of liability insurance per transaction in a total amount of not less than $1,000,000. 12. Severability. The invalidity and unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from the Agreement to the extent of its invalidity or unenforceability, and that this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision. • 13. Integration and Understanding. There are no understandings between the parties hereto as to the subject matter of this Agreement other than as herein set forth and in the documents specifically incorporated herein. All previous communications concerning the subject matter of this Agreement are hereby superseded and this agreement shall constitute the entire and integrated agreement between the parties. 14. Governing Law. It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota. 15. Modification. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. • 5 19 Passed and approved by the City Council of Centerville on this day of , 2012. • For the City of Centerville Dated: By: Thomas Wilharber Mayor Attest: Dallas Larson City Administrator For Smith & Glaser, LLC d/b /a iGovernment Solutions • Dated: By: Kurt B. Glaser Principal • 6 20 • PROGRAM POLICIES AND USER AGREEMENT PLEASE READ VERY CAREFULLY THESE PROGRAM POLICIES AND THE USER AGREEMENT BEFORE APPLYING FOR THIS PROGRAM. PARTICIPATION IN THE TICKET EDUCATION PROGRAM OR VIOLATIONS BUREAU ( "PROGRAM ") INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT APPLY FOR OR PARTICIPATE IN THESE PROGRAMS. Program Policies 1) The following offenses are eligible for use under the Program: All statutory petty misdemeanor offenses from the Statewide Payables List authored by Minnesota State Court Administration, and violations of municipal ordinances from Cities served by iGovernment Solutions. 2) A person may use the Ticket Payment Program once in a twelve month period. This limitation shall not apply to petty misdemeanor parking violations. 3) The cost of the Program is broken into two elements: a fee for each offense plus a program fee. The total cost of the Program shall cost no more the amount of a fine payment for a comparable offense. 4) The amount to be paid is the amount set by iGovernment Solutions for each offense charged, plus applicable program fee. If a citation charges multiple offenses, the amount to be paid will include the fee amount for each offense charged. • 5) Payment of the offense fee and the program fee are due in full before the educational component will be provided to the offender. 6) The Program shall cost no more than 90% of the cost of a comparable offense listed on the Statewide Payables List as adopted by the Tenth Judicial District. 7) The program may not impose any condition which could not otherwise be imposed as a condition of court- ordered probation. 8) Completion of the program is based on the achievement of an objective (i.e. education or other stated goal). 9) The program must conclude prior to the defendant's arraignment. 10) The prosecutor may not request the court to continue a defendant's arraignment for the purpose of allowing them to complete the requirements of a ticket payment program. However, a defendant may request continuation of their arraignment pursuant to District Court policy. 11) The prosecutor may not `continue' a charge as a condition of the program. The decision to dismiss a case lies within the prosecutor's discretion. There is no suspension of prosecution. 12) Where appropriate, the prosecutor will make every reasonable effort to notify and seek input from any victim before employing the ticket payment program for certain offenses. 11111 13) Offenses involving accidents, endangerment, or committed by persons with Commercial driver's licenses are not eligible for this Program. 21 14) "Conviction" is as defined by statute, but normally means an offense appearing on a traffic or • criminal record. 15) "Prior Offenses" include pending offenses, convictions, stays of adjudication, continuances for dismissal, and similar dispositions. 16) These policies are subject to change without notice. User Agreement 1. Introduction. This agreement ( "Agreement ") between you and iGovernment Solutions ( "iGovernment ") consists of the Ticket Payment Program or the Municipal Violations Bureau ( "Program ") policy and conditions. A description of the Program is available at the Education Program Info URL located at http:// www. payyourticket .org /programinfo.html or other such URL as iGovemment may provide from time to time. "You" means any entity identified in the application form submitted by the same or affiliated person, or agent acting on your behalf, which shall also be bound by the terms of this Agreement. 2. Purpose. The mission of iGovernment is to provide relevant public safety education or objectives to offenders through an automated web application allowing offenses to remain unreported from a driving record and pay for this service only using revenue collected from the related offenses committed within the communities served by iGovernment. To achieve our mission, we make services available online and on your mobile phone to help educate you regarding the laws of Minnesota. 3. Scope and Intent. You agree that by applying for this program you are entering into a legally • binding agreement with iGovernment. Only persons 18 years old or older may participate in the Programs provided by iGovernment. Any participant 17 years of age or younger must obtain permission from their parent or legal guardian before participating in this program, and other requirements may apply. 4. Program Participation. Participation in this Program is subject to iGovernment's approval and your continued compliance with the Program policies and requirements. iGovernment reserves the right to refuse participation to any applicant or participant at any time and that decision is within its sole discretion. 5. Parties Responsibilities. You are required to complete all of the program requirements, including but not limited to paying the program fee, completing the educational seminar and testing, or meeting specific objectives. iGovemment shall dismiss the citation prior to your court date once the requirements are complete. 6. Termination; Cancellation. You cannot terminate participation in this program once the program fee has been paid. No refunds will be given. You must complete the program requirements otherwise you forfeit the program fees. 7. Program Requirements. You understand and agree that the program features may vary. Use of the Program depends on the offense(s) you have been cited by law enforcement. You understand and agree that successful completion of this Program requires compliance with the terms and conditions set forth in the Program Policies. • 22 8. Tennessen Warning. iGovernment will use the information provided on an application to • determine if you meet the qualifications for the Program. You are not legally required to provide any of the requested information. Failure to provide information, however, will results in the denial of your application. Submitting false information is grounds for denying your application. All data submitted on the application, including your name and address, are considered public data. Certain information on your application may be provided to the State of Minnesota, Anoka County District Court, Department of Public Safety, any police department or city which utilizes this Program, or other governmental agencies as required. 9. Consent to Use of Data. You agree that iGovernment may collect and use biographical information, including but not limited to your address and city of offense that is gathered periodically to facilitate the program and other services to other communities. iGovernment may use this data to improve its products or services as long as it is in a form that does not personally identify you. 10. Indemnification. You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through iGovernment. III 411 1 23 Anoka County Contract No. 2012- • JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY AND THE MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY TO ALLOCATE COSTS FOR ELECTION EXPENSES This is a joint Powers Agreement ( "JPA ") between the County of Anoka ( "County ") and THE MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY ( "Governmental Entities ") entered into pursuant to Minn. Stat. § 471.59, for the purchase, maintenance and use of election equipment, including conducting elections, by the County on behalf of the County and the Governmental Entities. Section 1 Term 1. This JPA shall be in effect for a four year term, beginning January 1, 2013 until December 31, 2016, subject to automatic renewal on January 1 of each subsequent calendar year beginning January 1, 2017. Section 2 Contract Termination 2. During the initial four year term, this JPA may only be terminated by written agreement of the County with the effected Governmental Entity. Beginning January 1, 2017, a Governmental Entity's participation in this agreement may be terminated by that Governmental Entity providing written notice to the remaining parties no later than June 1 of • any year, effective on January 1 of the following year. Upon termination of the agreement, all right title and interest in any election equipment purchased by the County under the terms of this agreement for use by the Governmental Entity shall remain with the County. Any Governmental Entity withdrawing from this agreement assumes all costs, responsibilities and liabilities related to the purchase, maintenance and use of voting equipment in the conduct of elections in that jurisdiction. Any amounts of the Governmental Entity's share of the of the initial cost of procurement of the Voting Equipment System and their proportional share of any other costs incurred by the County on their behalf that remain unpaid as of the date of termination shall become immediately due and payable by the Governmental Entity to the County. Section 3 Voting Equipment System Definition 3. For purposes of this agreement, the Anoka County Voting Equipment System means a system in which the voter records votes by means of marking a ballot, so that votes may be counted by automatic tabulating equipment in the polling place where the ballot is cast or at a counting center. An electronic voting system includes automatic tabulating equipment; non - electronic ballot markers; electronic ballot markers, including electronic ballot display, audio ballot reader, and devices by which the voter will register the voter's voting intent; software used to program automatic tabulators and layout ballots; computer programs used to accumulate precinct results; ballots; system documentation; and system testing as well as software used to manage the 1111 Page 1 of 11 24 • assignment, deployment, chain of custody, and associated logistical operations of said equipment in Anoka County. Section 4 Applicability 4. This agreement, and the use of the Voting Equipment S stem defined herein, between the 9 Y , County and the Governmental Entities is applicable for any election at which offices or questions for the following categories are voted on: Category A: Federal Offices State Offices or Constitutional Amendments Judicial Offices County Offices or Ballot Questions Soil and Water District Offices or Ballot Questions Category B: Municipal (Township) Offices or Ballot Questions Category C: School District Offices or Ballot Questions Category D: Hospital District Offices or Ballot Questions Section 5 County Responsibilities • 5. Except as otherwise provided in this contract or required by statute or state or federal rule, the County shall be responsible for preparing the specifications for the purchase and maintenance of the Voting Equipment System as defined herein and for the purchase and maintenance of the system, including making all payments and expenditures for capital and on -going operating costs related to the voting equipment system. In addition, for all Category A, B, C and D Elections, Anoka County shall: 5.1. Perform voting equipment system programming including ballots, ballot counters, ballot markers, and other components of the voting equipment system used to mark, count, record or report election returns and statistics. 5.2. Perform programming and testing of the State Election Reporting System interface, subject to policies of the State. 5.3. Program and develop a voting equipment testing plan for each election according to statutory requirements. 5.4. Provide ballot design and layout services, and arrange for the printing of ballots to be used in the elections. Section 6 Governmental Entities' Responsibilities 6. Except as otherwise provided in this contract, each individual Govemmental Entity shall be responsible for and shall perform all duties and assume all costs associated with the • production of test decks, and conduct of pre - election and post - election tests and audits of Page 2 of 11 25 precinct voting equipment for each election and shall utilize county provided software, as • determined necessary by the County, to track the testing, assignment, deployment, chain of custody, and associated logistical operations of said equipment in Anoka County, as follows: 6.1. When Category A and /or B or D offices or questions appear on the ballot: • 6.1.1. The municipality shall be responsible for and assume all costs associated with the production of test decks, and conduct of pre - election and post - election tests and audits of precinct voting equipment for all elections which include a Category A and /or B or D office or question. 6.1.2. The municipality shall assume all costs required to arrange for the use of polling places in the manner required by the Minnesota election law, for ensuring the physical set up of rooms and furnishings are conducive to the voting process, and for ensuring that all necessary equipment and supplies are delivered to the polling place for use on Election Day. 6.1.3. The municipality shall assume all costs related to picking up ballots, supplies and equipment from the Anoka County Elections and Voter Registration Office in Anoka and other storage locations that may be arranged from time to time, and transporting them to and from the polling place. 6.1.4. The municipality shall assume all costs related to issuing, receiving and processing absentee ballots cast by in- person absentee voters in that municipality including procurement and preparation of physical spaces, equipment, and staff needed to administer the process, and costs for delivery of • voted ballots to the Anoka County Central Count Absentee Precinct. 6.1.5. The municipality shall assume all costs related to recruiting, hiring, and paying Election Judges for all hours served including, training, testing, election day assignments, and any other work assignments associated with the election. 6.2. When only Category C offices or questions appear on the ballot: 6.2.1. The School District shall be responsible and shall assume all costs associated with the production of test decks, and conduct of pre - election and post - election tests and audits of precinct voting equipment for all elections which include only Category C offices or questions. 6.2.2. The school district shall assume all costs required to arrange for the use of polling places in the manner required by law, for ensuring the physical set up of rooms and furnishings are conducive to the voting process, and for ensuring that all necessary equipment and supplies are delivered to the polling place for use on Election Day. 6.2.3. The school district shall assume all costs related to picking up ballots, supplies and equipment from the Anoka County Elections and Voter Registration Office in Anoka and other storage locations that may be arranged from time to time, and transporting them to and from the polling place. • Page 3 of 11 26 6.2.4. The school district shall assume all costs related to issuing, receiving and 1110 processing absentee ballots cast by in- person absentee voters in the school district including procurement and preparation of physical spaces, equipment, and staff needed to administer the process, and costs for delivery of voted ballots to the Anoka County Central Count Absentee Precinct. 6.2.5. The school district shall assume all costs related to recruiting, hiring, and paying Election Judges for all hours served including, training, testing, election day assignments, and any other work assignments associated with the election. Section 7 Allocation of Election Expenses 7. Except as already specifically provided for herein, the Voting Equipment System procurement, maintenance and support cost shall be divided between the county, its municipalities, and school districts as follows: 7.1. The County shall incur 55% of the actual cost of procurement, operation and maintenance of the system over the duration of this contract. 7.2. Municipalities located wholly or in part in Anoka County shall, collectively, incur 30% of the actual cost of procurement, operation and maintenance of the system over the duration of this contract. 7.3. School Districts located wholly or in part in Anoka County shall incur 15% of the III actual cost of procurement, operation and maintenance of the system over the duration of this contract. 7.4. Anoka County shall make all payments and expenditures for capital and on- going operating and maintenance costs related to the system throughout the duration of this contract. 7.5. The annual fee for each jurisdiction shall be established as follows: 7.5.1. Each individual municipality shall pay a fee equal to that percentage of the total Anoka County population residing in that municipality at the time of the 2010 census multiplied by the municipal share (30 %) of the actual cost of procurement (prorated over ten annual installments), plus the actual cost of operation and maintenance of the system, as solely determined by the County, calculated annually throughout the duration of the contract 7.5.2. Each individual school district shall pay a fee equal to that percentage of the total Anoka County population residing in that school district at the time of the 2010 census multiplied by the school district share (15 %) of the actual cost of procurement (prorated over ten annual installments), plus the actual cost of operation and maintenance of the system, as I solely determined by the County, calculated annually throughout the duration of the contract. 1 III Page 4 of 11 27 7.5.3. Each Governmental Entity shall be invoiced annually on June 1 for each • calendar year of the agreement for the above referenced fees. Said fees shall be due and payable within thirty (30) calendar days of invoicing. 7.5.4. The Governmental Entities hereby agree that they will not reallocate any of the costs incurred herein. 7.6. For each governmental entity, the County shall determine that proportion of the ballot devoted to offices and questions for that entity as a percentage of the total number of column inches on the ballot, and provide an invoice to the governmental entity for that share of the cost of ballot printing, paper and normal delivery charges. 7.7. The County shall pay the cost of postage for all domestic mailed absentee ballots cast in the county and absentee ballots cast under the Uniformed Overseas Citizens Absentee Voting Act (UOCAVA) except those absentee postage costs incurred by Municipalities designated to administer absentee voting laws under M.S. 203B.05. Section 8 Documentation of Election Expenses 8. Documentation of actual expenditures as required by the County is required for the allocation of election expenses pursuant to this agreement. Invoices or billing statements are acceptable documentation for goods or services purchased for vendors. Section 9 • Ownership 9. The Governmental Entities acknowledge that the County owns the Voting Equipment System and that the Governmental Entities are authorized to use said Voting Equipment System for official election related purposes. Use of the Voting Equipment System by the Governmental Entities for any other purpose is strictly prohibited absent express written consent of the County. The Governmental Entities hereby acknowledge and agree that the Voting Equipment System may contain proprietary and trade secret information that is owned by a third party and is protected under federal copyright law or other laws, rules, regulations and decisions. The Governmental Entities shall protect and maintain the proprietary and trade secret status of the Voting Equipment System in their possession. Section 10 Handling Of Equipment and Insurance 10. Each municipality shall be responsible for storage of elections equipment assigned by the county to that municipality. Municipalities shall make all necessary elections equipment in its possession available to other entities as directed by the county. Each Governmental Entity acknowledges that it shall be responsible for the Voting Equipment System while it is in the Governmental Entity's custody. Each Governmental Entity, either through insurance or a self- insurance program, shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and /or replacement of the Voting Equipment System while it's in the • Page 5 of 11 28 • Governmental Entity's custody and this contract is in effect unless such costs, fees, damages and expenses are then currently covered under a manufacturer warranty covering said equipment. The Governmental Entities shall be responsible for, provide coverage for and shall provide proof of general liability and worker's compensating insurance (Hold Harmless Agreement) for all individuals providing services required by this contract. In addition to the foregoing, the Governmental Entities shall, during the term of this contract, maintain, through commercially available insurance or on a self - insured basis, property insurance coverage on all of the voting systems used or intended for use in this agreement to cover all repairs or replacement of the voting equipment if damaged or stolen. The Governmental Entities are responsible for any deductible under their policy. Section 11 Independent Contractor 11. It is agreed that nothing in this contract is intended or should be construed as creating the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting the County or the Governmental Entities as the employee of the other entity for any purpose or in any manner whatsoever. The County is an independent contractor and neither it, its employees, agents, nor its representatives are employees of the Governmental Entities. From any amounts due the County, there shall be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any other purposes which are associated with an employer - employee relationship unless required by law. Section 12 • Data Practices 12. All data created, collected, received, maintained, or disseminated for any purpose in the course of this contract is governed by the Minnesota Government Data Practices Act, any other applicable statute, or any rules adopted to implement the Act or statute, as well as federal statutes and regulations on data privacy. Section 13 No Waiver 13. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. Section 14 Governing Law 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. • Page 6 of 11 29 Section 15 • Entire Agreement 15. 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 and hereby rescinds and replace all prior Agreements with the respective Governmental Entities with this Agreement. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 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. Section 16 No Assignment 16. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. Section 17 No Warranty 17. The Governmental Entities agree that the County is furnishing the Voting Equipment System on an "as is" basis, without representation or any express or implied warranties, other than those provided by any maintenance agreement entered into by the County for the maintenance of the Voting Equipment System, including but not limited to, fitness for • particular purpose, merchantability or the accuracy and completeness of the Voting Equipment System. The Governmental Entity's exclusive remedy and the County's sole liability for any substantial defect which impairs the use of the Voting Equipment System for the purposes stated herein shall be the right to terminate this agreement. The County does not warrant that the Election Voting Equipment System will be error free. The County disclaims any other warranties, express or implied, respecting this agreement or the Voting Equipment System. In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, Toss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. Except as otherwise specifically provided for in this agreement, County and the Governmental Entities agree each will be responsible for their own acts and omissions under this Agreement and the results thereof and shall to the extent authorized I g zed b law defend, indemnify and hold harmless the other party for such acts. Each party shall not be responsible for the acts, errors or omissions of any other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This ara r h shall not construed s be const ued to bar legal remedies one party may 9 p 9 p rtY Y have for the other party's failure to fulfill its obligations under this Agreement. Nothing in this Agreement • Page 7 of 11 30 • constitutes a waiver by the Governmental Entities or County of any statutory or common law defenses, immunities, or limits on liability. Section 18 Notice 18. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the Governmental Entity: To the person and address designated by each Governmental Entity in writing. To the County: Anoka County Administrator ADDRESS Copy to: Anoka County Elections Manager ADDRESS Section 19 Audit Provision 19. Both parties agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may • reasonably deem necessary, shall 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 the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. Section 20 Survival of Provisions 20. It is expressly understood and agreed that the obligations and warranties of the Governmental Entity and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. Section 21 Authority 21. The person or persons executing this Joint Powers Agreement on behalf of the Governmental Entity and County represent that they are duly authorized to execute this Joint Powers Agreement on behalf of the Governmental Entity and the County and represent and warrant that this Joint Powers Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. (Rest of page left intentionally blank) • Page 8 of 11 31 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands. • COUNTY OF ANOKA By: Rhonda Sivarajah, Chair, Anoka County Board of Commissioners Dated: By: Jerry Soma, Anoka County Administrator Dated: APPROVED AS TO FORM: • By: Thomas Haluska Assistant Anoka County Attorney Dated: 1111 Page 9 of 11 32 • CITY OF * ** By: * * * *, Its Mayor Dated: By: * * *, Its City Clerk Dated: • Page 10 of 11 33 ***SCHOOL DISTRICT*** By: * * * *, Its Superintendent Dated: By: * * *, Its * ** Dated: • I: \atty \CIVATTY\TOM \CONTRACT \Elections \Elections Equipment FINAL- 11- 19- 12.docx Page 11 of 11 34 CITY OF CENTERVILLE rm MONTHLY ENGINEER'S REPORT termite • For the November 14, 2012 City Council Meeting 4 £stadfichr4f 1167 Italics = New information. Normal = No change from last report. 1. TE Grant Trail Project (000616- 08165 -0). Final payment paperwork is being processed with the County. 2. 2008 Downtown Storm Water Improvements (000616- 08167 -0). A record plan of the project is being produced. 3. 2013 Street and Utility Improvements (193801520). The feasibility Report was reviewed by the City Council at its last meeting. The council then called for a public hearing to be held on Wednesday, November 28 , at 6:30 PM in the Council Chambers. The proposed scope of the project includes full bituminous removal and replacement for the Hayfield, Fox Run, Peterson, Houle area and full reconstruction of the Center Street area including the installation of water main. The sanitary sewer lift station on Center Street will not be eliminated as originally proposed. 4. Miscellaneous: • City Staff again met with Anoka County staff and discussed the design of improvements to Centerville Road (CSAH 21). The City will need to let Anoka County know their preference on a few items, including our intentions with regard to streetscaping and other improvements on • Centerville Road between Heritage St. and Main Street. The plan is taking shape and will be ready for public input in late 2012 or early 2013. • 35