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HomeMy WebLinkAbout2014-01-22 CC Packet teryil�e CITY OF CENTERVILLE COUNCIL MEETING AGENDA Wednesday, January 22, 2014 — Set Agenda = Red 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 prior to 6:15 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. January 8, 2014 City Council Meeting Minutes (Pages 1 -5) 2. January 8, 2014 City Council Work Session Meeting Minutes (Page 6) V. CONSENT AGENDA 1. City of Centerville January 9, 2014 through January 23, 2014 Claims (Check #28478 - 28487) (Page 7) 2. Centennial Police Department Claims through January 10, 2014 (Check #9732 -9752) (Page 8) 3. Centennial Fire District Claims through January 3, 2014 (Check #6174 -6194) w /Check #6173 Payroll (Page 9) VI. AWARDS /PRESENTATIONS /APPEARANCES 1. None VII. OLD BUSINESS VIII. NEW BUSINESS 1. Agreement for Residential Recycling Program — Anoka County /City of Centerville (Pages 10 -16) 2. Consider Amendment to Joint Powers Agreement for Centennial Fire District (Page 17) 3. Consider Regulation of E- Cigarettes (Pages 18 -21) 4. Consider Joint Powers Agreement for Reconstruction of Centerville Road (CSAH 21) (Pages 22 -32) 5. Res. #14 -0_ - Authorizing Proceeds from Land Sales to Debt Service Fund (Pages 33 -35) IX. ANNOUNMENTS/UPDATES 1. Administrator Larson X. ADJOURNMENT *REMINDERS ** Parks & Recreation Committee Meeting — February 5, 2014, 6:30 p.m. (Council Chambers), Tom Lee — Music in the Parks Planning & Zoning Commission Meeting — February 4, 2014, 6:30 p.m. (Council Chambers) Parks & Recreation Committee Skate Night — February 8, 2014, 6:30 p.m. (LaMotte Park) City Council Meeting — February 12, 2014, 6:30 p.m. (Council Chambers) Centerville Lions Annual Ice Fishing Contest w /EAA Young Eagles Airplane Rides — February 22, 2014, 8:00 a.m. — 6:00 p.m. (Centerville Lake in front of WaterWorks) City Council Meeting — February 28, 2014, 6:30 p.m. (Council Chambers) CITY OF CENTERVILLE CITY COUNCIL MEETING January 8, 2014 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of January 8, 2014, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member D. Love Council Member Jeff Paar ABSENT: None 9 @ STAFF: City Administrator Dallas Larson City Engineer Mark Statz Legal Counsel Kurt Glaser I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. PUBLIC HEARING(S) 1. None. III. APPROVAL OF AGENDA Mayor Wilharber added Centerville Claims (Check #28465- 28477), Centennial Fire District Claims (Check #6174 -6194) to the Set Agenda. Res. # Royal Meadows — Old Business - Authorize Submission of 2014 Pay Equity Report, Res. #14 -OXX — Modifying Date to Receive Bids on Improvement and Consider Joint Powers Agreement for Intervention in White Bear Lake Water Level Lawsuit under New Business, for consideration this evening. Motion by Council Member Love, seconded by Council Member Paar to approve the Set Agenda as presented with the above stated amendments. All in favor. Motion passed. IV. APPROVAL OF MINUTES 1. December 11, 2013 City Council Meeting Minutes The Mayor provided Council Members with an opportunity to amend the presented minutes. 1 City of Centerville Council Meeting Minutes January 8, 2014 Motion by Council Member Paar, seconded by Council Member King to approve the minutes of the December 11, 2013 City Council Meeting Minutes as presented. All in favor. Motion passed. 2. December 18, 2013 Special City Council Meeting Minutes The Mayor provided Council Members with an opportunity to amend the presented minutes. Motion by Council Member Love, seconded by Council Member King to approve the minutes of the December 18, 2013 Special City Council Meeting Minutes as presented. All in favor. Motion passed. V. CONSENT AGENDA 1. City of Centerville December 12, 2013 through January 8, 2014 Claims (Check #28433- 28464) W/Voided Check #28326 & (Check #28465- 28477) 2. Centennial Police Department Claims through December 19, 2013 (Check #9701 -9731) WNoided Check #9712 3. Centennial Fire District Claims through December 20, 2013 & January 3, 2014 (Check #6127 -6172) & (Check 6174 -6194) 4. Successful Performance Review — Completion of Year 15 — Ms. Teresa Bender, City Clerk Motion by Council Member Paar, seconded by Council Member Love to approve the Consent Agenda as presented. All in favor. Motion passed. VI. AWARDS /PRESENTATIONS /APPEARANCES 1. Mr. Greg Kieselhorst, Centerville Lions Annual Ice Fishing Contest & EAA Young Eagles Airplane Rides, February 22, 2014 Mr. Kieselhorst introduced himself to Council and by stating that this would be the Lions' 32 Annual Fishing Contest and reviewed the requested permits for the event: Special Event Permit, Temporary On -Sale Liquor License, Noise, Raffle and Solicitation Permit. VII. OLD BUSINESS 1. Res. #14 -001 —Approving Plans & Authorizing Bids —Royal Meadows Watermain Improvements Administrator Larson stated that the resolution was included with the Set Agenda for this evening. Motion by Council Member Paar, seconded by Council Member Love to approve Res. #14- 001— Approving Plans & Authorizing Bids — Royal Meadows Watermain Improvements as presented. King opposed. Motion passed. Page 2 of 5 2 City of Centerville Council Meeting Minutes January 8, 2014 2. Rehbein Properties — Interim Use Permit — P & Z Recommendation for Modification Administrator Larson stated subsequent to the Planning & Zoning Commissions Public Hearing last month and the Department of Natural Resources' required response time, the DNR is requiring a No Rise Certificate if the dirt remains within the floodway. Rehbein Properties has stated that they would prefer to relocate the existing dirt outside of the floodway within the allotted timeframe. Administrator Larson stated that language contained in the Interim Use Permit included moving the dirt no later than July 1, 2014 unless a No Rise Certificate was presented and the DNR concurred. Planning & Zoning Council member Love stated that the Committee reviewed the Revised Interim Use Permit and are recommending it to Council for consideration. Motion by Council Member Love, seconded by Council Member Paar to approve the Revised Interim Use Permit as Modified and Recommended by the Planning & Zoning Commission for Rehbein Properties Black Dirt Operation as presented All in favor. Motion passed. VIII. NEW BUSINESS 1. Centerville Lions Annual Fishing Contest — February 22, 2014 a. Special Event Permit — Set Up February 21, 2014 & Dismantle February 23, 2014 b. Noise Permit — 8:00 a.m. — 6:00 p.m. C. Temporary /Event On -Sale Liquor License — 10:00 a.m. — 3:00 p.m. d. Raffle Permit — 2:30 p.m. on Ice & Associated Solicitation Permit — January — February 22, 2014 Previously discussed. Motion by Council Member Love, seconded by Council Member King to approve the requested permits and waiving associated fees as presented. All in favor. Motion passed 2. Res. #14 -002 — Appointing Acting Mayor & Order of Succession Council Member Love suggested that Order of Succession should be seniority as in the past. Census of Council and Mayor Wilharber stated that Council Member Paar would be the first acting Mayor, Council Member Fehrenbacher would be second acting Mayor, Council Member Love would be third acting Mayor and Council Member King would be fourth acting Mayor. Motion by Council Member Paar, seconded by Council Member King, to approve Res #14- 002 — Appointing Acting Mayor & Order of Succession. All in favor. Motion passed 3. Res. #14 -003— Authorizing Appointments for 2014 Page 3 of 5 3 City of Centerville Council Meeting Minutes January 8, 2014 Consensus of Council was that all positions remain substantially the same as last year with the exception of adding Mr. Nick Twohy as a Parks & Recreation Committee Member. Motion by Council Member Love, seconded by Council Member Paar, to approve Res. #14- 003 — Authorizing Appointments for 2014. All in favor. Motion passed. 4. Massage Parlor /Sauna Licensing & Massage Therapist Licensing — Ms. Krista Swedberg (Balmer) /Schlavin Chiropractic Subject to Successful Background Check by Centennial Lakes PD & Other Licensing Requirements Administrator Larson stated that the applicant is lacking some required documentation and the Police Department's completion of the background check. Administrator Larson felt that all appropriate documentation and the background check should be received within the next week. Motion by Council Member King, seconded by Council Member Paar, to approve the Massage Parlor /Sauna Licensing & Massage Therapist Licensing for Mr. Krista Swedberg Balmer /Schlavin Chiropractic subiect to all requirements being met. All in favor. Motion passed. 5. Authorize Submission of 2014 Pay Equity Report Administrator Larson stated that the City is required to submit a Pay Equity Report every other year to the State and then they will determine whether the City is in compliance with current law. Motion by Council Member Paar, seconded by Council Member Love, to Authorize Staff to Submit the 2014 Pay Equity Report as presented. All in favor. Motion passed. 6. Res. #14 -004 — Modifying Date to Receive Bids on Improvement Administrator Larson stated that the presented resolution modifies the bid date by several days allowing for splitting the materials and labor and services assisting in the City's ability to utilize sales tax exemptions on particular items. Engineer Statz stated that the modification would not delay the project. Motion by Council Member King, seconded by Council Member Paar, to approve Res. #14- 004 — Modifying Date to Receive Bids on Improvement as submitted. All in favor. Motion passed. 7. Consider Joint Powers Agreement for Intervention in White Bear Lake Water Level Lawsuit Lengthy discussion took place regarding entering into a Joint Powers Agreement associated with the Intervention in the White Bear Lake Water Level lawsuit that is pending. Legal Counsel Glaser stated that becoming a part of the agreement would give the City a voice in the importance of current infrastructure, potential financial burdens placed on new infrastructure that could be proposed, language contained in the Joint Powers Agreement allowing for withdrawal Page 4 of 5 4 City of Centerville Council Meeting Minutes January 8, 2014 at any given time, a law firm other than Smith & Glaser representing the coalition, City Administrator's working collaboratively, and an estimated amount of expenditures of $100,000 to get to the trial phase of the lawsuit. Legal Counsel Glaser and Administrator Larson felt that the City of Centerville's portion would not exceed $5,000 dependent upon the amount of cities that participated. Motion by Council Member Paar, seconded by Council Member Love, to Author S taff to Enter Into the JPA for Intervention in the White Bear Lake Water Level Lawsuit as presented provided that the number of cities deciding to participate keeps the e city share at an Amount not to Exceed $5,000. All in favor. Motion passed. IX. ANNOUNCEMENTS/UPDATES 1. No announcements or updates were had. X. ADJOURNMENT Motion by Council Member King, seconded by Council Member Paar to Adi ourn the Regularly Scheduled Council Meeting of January 8, 2014 at 7:25 p.m. All in favor. Motion passed. Transcribed by City Staff Member Teresa Bender, City Clerk Page 5 of 5 5 City Council 2013 -01 -08 -2014 7:30 p.m. Minutes of Work Session Present were Mayor Tom Wilharber, Council members Jeff Paar, Steve King and D Love. Also Present were City attorney Kurt Glaser. Council member Fehrenbacher arrived during the meeting. E- Cigarette Regulation. City Attorney Glaser reviewed issues associated with e- cigarettes. He indicated that it is not illegal for someone under 18 to buy or use them, but most merchants are making that restriction on their own. Glaser also reported that a handful of cities have chosen to regulate e- cigarettes the same as any other tobacco product. The Council discussed options for regulating them. Consensus was that staff should prepare an ordinance that would regulate the sale and use of e- cigarettes by anyone under 18 years old. Centennial Fire District Joint Powers Agreement. Council was reminded that the Fire Steering Committee will meet again on January 15, 2014, to see what progress may have been made during the extension of time to withdraw. Lino Lakes' Mayor Reihert has stated repeatedly that hey will withdraw if the JPA is not amended to provide what amounts to a veto authority. Council Member Paar reported that the Steering Committee agreed to bring back to the council for reconsideration, the possible amendment of the JPA as requested by Lino Lakes. Administrator Larson presented two options suggested by Circle Pines for amendment to the JPA voting. One allowed what amounts to two vetos per year for each city. The second option would require at least one affirmative vote from each city on four major areas of action. Council member Ben Fehrenbacher arrived during this discussion. Members expressed that they did not like the first option, but if Circle Pines supported the second proposal which limits the extraordinary voting to the major areas listed, Council would support that. Consensus was to support the second option and report that to Circle Pines. Mayor Wilharber will try to attend the Circle Pines Council meeting next Tuesday. Staffing. The Council discussed the planned September 2014, retirement of Administrator Larson. Larson indicated that he would be interested in a phased retirement if Council is open to that. Council discussed whether the city could get by for a few months with only the part-time administration hours. Some expressed doubt that the city could function properly under that scenario. Council consensus was that the city should consider hiring an assistant administrator, who could be trained to take over as administrator in a year or two. Consensus was that the city should use a search firm to assist with securing an assistant administrator with the right skills. Two search firms will be scheduled for a presentation to Council in February with the goal of completing a hiring process by about August 1. The meeting was adjourned at 9:15 p.m. Dallas Larson, Administrator 6 CITY OF CENTERVILLE 01/17/14 9:52 AM Check Detail - January 22, 2014 Page 1 Check Date Check # Vender Name Comments -Amount 1/17/2014 000536E IRS /EFTPS FICA W/H - PAY PERIOD 1 $2,976.57 1/17/2014 000536E IRS /EFTPS FED. W/H - PAY PERIOD 1 $2,360.03 Check Nbr 000536 IRS /EFTPS $5,336.60 1/17/2014 000537E PERA PERA W/H - PAY PERIOD 1 Check Nbr 000537 PERA $2,536.34 1/17/2014 000538E WELLS FARGO H.S.A. W/H - PAY PEIROD 1 Check Nbr 000538 WELLS FARGO $1,164.17 1/17/2014 000539E MINNESOTA DEPT OF REVENUE STATE W/H - PAY PERIOD 1 Check Nbr 000539 MINNESOTA DEPT OF REVENUE $961.08 1/17/2014 000540E REV - TRAK - MERIDIAN BANK CONVENIENCE FEES Check Nbr 000540 REV - TRAK - MERIDIAN BANK $28.60 1/17/2014 000541E MINNESOTA DEPT OF REVENUE USE TAX 4TH QTR 2013 $5.50 1/17/2014 000541E MINNESOTA DEPT OF REVENUE USE TAX 4TH QTR 2013 $5.00 1/17/2014 000541E MINNESOTA DEPT OF REVENUE USE TAX - 4TH QTR 2013 $5.00 1/17/2014 000541E MINNESOTA DEPT OF REVENUE SALES TAX 2013 - UTLITIY BILLING $954.00 1/17/2014 000541E MINNESOTA DEPT OF REVENUE USE TAX 4TH QTR 2013 $3.50 Check Nbr 000541 MINNESOTA DEPT OF REVENUE $973.00 1/22/2014 028478 GOPHER STATE ONE CALL INC ANNUAL FEE $50.00 1/22/2014 028478 GOPHER STATE ONE CALL INC ANNUAL FEE $50.00 Check Nbr 028478 GOPHER STATE ONE CALL INC $100.00 1/22/2014 028479 HEALTH PARTNERS FEB. 2014 HEALTH INSURANCE Check Nbr 028479 HEALTH PARTNERS $3,967.67 1/22/2014 028480 INSTRUMENTAL RESEARCH INC DECEMBER 2013 - WATER SAMPLES Check Nbr 028480 INSTRUMENTAL RESEARCH INC $38.00 1/22/2014 028481 INTERNATIONAL UNION OF OPERATI UNION DUES - FEBRUARY 2014 Check Nbr 028481 INTERNATIONAL UNION OF OPERATI $98.25 1/22/2014 028482 MET. COUNCIL ENV. SERV. (SDS) FEB. 2014 WASTE WATER SERVICE f 1br 028482 MET. COUNCIL ENV. SERV. (SDS) $16,252,55 1/22/2014 028483 METRO CITIES 2014 MEMBERSHIP DUES - JANUARY 2014 THRU DEC. 2014 Check Nbr 028483 METRO CITIES 1/22/2014 028484 MN DEPT OF LABOR & INDUSTRY BUILDING SURCHARGE - 4TH QTR 2013 $251.25 1/22/2014 028484 MN DEPT OF LABOR & INDUSTRY PLUMBING SURCHARGE - 4TH QTR 2013 $68.75 1/22/2014 028484 MN DEPT OF LABOR & INDUSTRY MECHANCIAL SURCHARGE - 4TH QTR 2013 $75.43 1/22/2014 028484 MN DEPT OF LABOR & INDUSTRY ELECTRICAL SURCHARGE - 4TH QTR 2013 $83.75 Check Nbr 028484 MN DEPT OF LABOR & INDUSTRY $479.18 1/22/2014 028485 NATIONWIDE RETIREMENT SOLUTION DEF. COMP W/H - PAY PERIOD 1 Check Nbr 028485 NATIONWIDE RETIREMENT SOLUTION $400.28 1/22/2014 028486 SENSUS METERING SYSTEMS FLEXNET SOFTWARE SUPPORT Check Nbr 028486 SENSUS METERING SYSTEMS $1,732.50 1/22/2014 028487 XCEL ENERGY 6970 LAMOTTE DR - SERV THRU 01 -07 -14 $269.79 1/22/2014 028487 XCEL ENERGY 7300 MILL RD - LIFT STATION - SERV THRU 1 -7 -14 $100.05 1/22/2014 028487 XCEL ENERGY 7098 CENTERVILLE RD - SERV THRU 1 -7 -14 $3.87 1/22/2014 028487 XCEL ENERGY 1745 MAIN ST - SERV THRU 1 -7 -14 $3.99 1/22/2014 028487 XCEL ENERGY 1682 MAIN ST - SERV THRU 1 -7 -14 $118.57 1/22/2014 028487 XCEL ENERGY 1601 LAMOTTE DR - SERV THRU 1 -7 -14 $11.03 1/22/2014 028487 XCEL ENERGY 7285 MAIN ST - SERV THRU 1 -7 -14 $27.63 1/22/2014 028487 XCEL ENERGY 1889 CENTER ST - LIFT STATION - SERV THRU 1 -7 -14 $14.61 1/22/2014 028487 XCEL ENERGY 1600 LAMOTTE DR - WARMING HOUSE - SERV THRU 1 -7 -14 $170.65 1/22/2014 028487 XCEL ENERGY 1875 FOX RUN - PUMP - SERV THRU 1 -7 -14 $310.87 1/22/2014 028487 XCEL ENERGY STREETS - SERV THRU 1 -7 -14 $2,364.22 1/22/2014 028487 XCEL ENERGY CREDIT - STREET - $234.50 1/22/2014 028487 XCEL ENERGY CREDIT - $639.99 1/22/2014 028487 XCEL ENERGY CREDIT - $213.35 1/22/2014 028487 XCEL ENERGY CREDIT - $426.68 1/22/2014 028487 XCEL ENERGY CREDIT - $213.35 1/22/2014 028487 XCEL ENERGY 1600 LAMOTTE DR - BALLFIELD LIGHTS - SERV THRU 1 -7 -14 15Q2 rh 'J br 028487 XCEL ENERGY $1,723.80 Total checks $37,543.02 7 CENTENNIAL LAKES POLICE DEPT Check Register - Police GL without invoice numbers Page: 1 Check Issue Dates: 1/1/2014 - 1/10/2014 Jan 09, 2014 01:24PM Report Criteria: Report type: Summary GL Check Ck No Description Check Period Issue Date Payee Amount 01/14 01/09/2014 9732 ANOKA CO CHIEFS OF POLICE ASSN 2014 MEETING EXPENSES RN 245.00 01/14 01/09/2014 9733 BCA/MNJIS SECTION QTRLY CJDN 390.00 01/14 01/09/2014 9734 CITY OF CIRCLE PINES 2013 SALES TAX 144.00 01/14 01/09/2014 9735 COVERALL OF THE TWIN CITIES JANUARY CLEANING SERVICE 796.22 01/14 01/09/2014 9736 DELTA DENTAL FEB DENTAL INS 1,277.85 01/14 01/09/2014 9737 DEPUTY REGISTRAR #150 VEH RENEWAL/REGISTRATION 38.00 01/14 01/09/2014 9738 DON'S CIRCLE SERVICE, INC DEC VEH REPAIR 1,400.11 01/14 01/09/2014 9739 E C S I, INC BLDG GARAGE DOOR MTC 458.26 01/14 01/09/2014 9740 HOLIDAY FLEET DEC FUEL 3,781.12 01/14 01/09/2014 9741 KNOWLAN'S SUPER MARKETS CLEANING SUPPLIES 11.54 01/14 01/09/2014 9742 MICHELLE LAKSO CERT HOURS 385.00 01/14 01/09/2014 9743 MATHEW LANGRECK REIMB FOR WORK BOOTS 125.00 01/14 01/09/2014 9744 MN CHIEFS OF POLICE ASSOC. 2014 MN CHIEFS DUES 290.00 01/14 01/09/2014 9745 NEXTEL COMMUNICATIONS DEC CELL PHONES 468.59 01/14 01/09/2014 9746 NAC MECHANICAL & ELEC SERVICES PREVENTATIVE MTC 842.00 01114 01/09/2014 9747 O'REILLY AUTOMOTIVE, INC VEH SUPPLIES 111.94 01/14 01/09/2014 9748 PURCHASE POWER POSTAGE 208.99 01/14 01/09/2014 9749 SAFELITE FULFILLMENT, INC WINDSHIELD REPLACEMENT 159.44 01/14 01/09/2014 9750 SHRED -N -GO, INC DEC SHREDDING SERVICE 136.00 01/14 01109/2014 9751 SUN LIFE FINANCIAL JAN LIFE /DISABILITY 109.06 01/14 01/09/2014 9752 TOP GREEN DEC SNOW REMOVAL SERVICE 671.98 01/14 01/10/2014 201401 WELLS FARGO DP -1ST QTR 2014 HSA 14,025.00 Grand Totals: 26,075.10 M = Manual Check, V = Void Check 8 CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 1/1/2014 - 1/3/2014 Jan 03, 2014 03:27PM Zeport Criteria: Report type: Summary GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount 01/14 01/03/2014 6174 10275 ALADTEC, INC FIRE MGMT SYSTEM ANNUAL 1,395.00 01/14 01/03/2014 6175 10280 PATRICK W. ALDRICH FEMA- INSTRUCTOR HOURS 162.00 01/14 01/03/2014 6176 10850 ANOKA COUNTY TREASURY D JANUARY COMMUNICATIONS 187.50 01/14 01/03/2014 6177 11565 ASPEN MILLS, INC UNIFORMS 11.60 01/14 01/03/2014 6178 30485 CENTER MART NOV & DEC FUEL 374.15 01/14 01/03/2014 6179 30500 CENTURY LINK CENTERVILLE PHONE 57.13 01/14 01/03/2014 6180 60050 FISDAP MEDICAL TRAINING TESTING 200.00 01/14 01/03/2014 6181 60300 FIRE SAFETY USA, INC EQUIPMENT HELMET 231.61 01/14 01/03/2014 6182 60650 FRATTALLONE'S HARDWARE S MISC SUPPLIES 7.79 01/14 01/03/2014 6183 70300 MATTHEW M GIESE FEMA- INSTRUCTOR HOURS 72.00 01/14 01/03/2014 6184 70578 GRAINGER SMALL TOOL 55.41 01/14 01/03/2014 6185 80240 ALEXANDER J HATTSTROM FEMA- INSTRUCTOR HOURS 144.00 01/14 01/03/2014 6186 90005 IAFC MEMBERSHIP IAFC MEMBERSHIP DUES 2014 209.00 01/14 01/03/2014 6187 130828 MN DEPT OF LABOR & INDUST STATION 2 PRESSURE VESSEL 10.00 01/14 01/03/2014 6188 131500 MY ALARM CENTER, LLC 3 MOS STATION 1 MONITORIN 108.48 01/14 01/03/2014 6189 140420 NO CENTRAL EMS COOPERATI 2014 MEMBERSHIP DUES BR 75.00 01/14 01/03/2014 6190 150025 OCEANID TOW SHIELD 735.00 01/14 01/03/2014 6191 150145 OFFICE MAX OFFICE SUPPLIES 104.08 01/14 01/03/2014 6192 160130 PERFORMANCE PLUS LLC FEMA - PREPLACMENT PHYS 675.00 01/14 01/03/2014 6193 220200 VERIZON WIRELESS COMMUNICATIONS 96.04 01/14 01/03/2014 6194 260570 JAREN ZECH FEMA- INSTRUCTOR HOURS 72.00 Grand Totals: 4,982.79 l0/73 4r M = Manual Check, V = Void Check 9 e Anoka County Contract # 2013 -0338 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 1st day of January, 2014, 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 $818,365 in funding from the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds ") and $270,984 in funding pursuant to Minn. Stat. § 473.8441 (hereinafter "LRDG funds ") during 2014 and WHEREAS, Anoka County also has additional budgeted program funding available to supplement SCORE and LRDG funds for solid waste recycling programs; 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 and LRDG 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, 2014 through December 31, 2014, 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. 10 i 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 363 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 outreach activities at municipal events to inform residents about recycling opportunities. The public information components listed above shall focus on all recyclable materials and the various opportunities to recycle within the Municipality. iv. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. v. The Municipality shall regularly attend the monthly Solid Waste Abatement Advisory Team meetings. b. The Municipality is encouraged to expand its recycling program to include one or more of the following components in order to receive additional funding. i. Organize either 1) spring and fall clean -up /recycling drop -off events, or 2) monthly (at least 8 during the course of the year) recycling drop offs which can be held in conjunction with a neighboring municipality on a cooperative basis for the citizens of both Municipalities. ii. Provide a community event recycling program, which at a minimum would consist of providing recycling opportunities at all Municipal sponsored events and festivals. The feasibility of adding organics collection at the event may also be explored and added to the event as an enhancement to the waste abatement program. iii. Provide the opportunity for citizens to engage in recycling activities at municipal parks. iv. Organize and manage a Full Service Recycling Drop -off Center. V. Develop enhanced recycling promotion and assistance for multi- units. c. 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 work with the County to prepare a plan to achieve the recycling goals set forth in this Agreement. 2 11 5. REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20, 2014 and January 20, 2015: 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 land spreading, 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. 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, 2014 and January 20, 2015. Costs not billed by January 20, 2015 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, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $31,968. 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; and C. As provided according to the schedule in Attachment A for each of the following services: Full Service Recycling Drop -off Center, Spring /Fall or Monthly Drop -off events; Municipal Park Recycling; Community Event Recycling; and Multi -unit Recycling; and d. After considering the 2014 Municipal Funding Request (Attachment B) designating the additional Grant Projects that the City will undertake in the upcoming year; and e. Including an additional change order contingency of up to 10% of the total of the first four items in this list. 3 12 Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event the City does not undertake and complete the additional Grant Projects referenced in Attachment B. 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 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 & 4 13 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 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 less 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 5 14 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: By: 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 6 15 2014 Municipal Funding Request Attachment B The City of Centerville is requesting the following funding for their municipal efforts in 2014. Grant Projects Eligible Allocations Amount Requested Municipal Grant Funding Allocation $16,640 $16,640 Full Service Drop -off Center Allocation $30,000.00 (Staffed recycling center, open a minimum of 3 days per week, collecting mattresses, traditional recyclables, scrap metal, carpet, etc. Monthly Drop -off Center (at least 8 per year) $10,000 $ /' Municipal Park/Community Event Recycling $2,000 $ 060 Multi -Unit /Curbside - Recycling $2,000 $ Recycling Enhancement Grant (Additional promotion efforts, multi- units, organics program) Insert a description of the efforts being proposed below. $1,328 $ Total Amount Eligible Being Requested for 2014 $31,968 $ A description of the efforts being proposed for the Recycling Enhancement Grant. The City of Centerville requests * for 2014 Municipal Funding. Date Name Title *these amounts should match and may not exceed eligible allocation total. This amount will be 10% less than the contract maximum for the grant. 16 Below is the amended language in Section 2.6, which is being proposed by the Centennial Fire District Steering Committee. 2.6 Voting Each committee member present at the meeting other than ex officio administrative staff members shall be entitled to one vote. Unless otherwise provided in the agreement, the committee may take the action on any issue by a 51 percent of greater vote of those members present and entitled to vote at a duly called meeting, subject to the quorum requirement of section 2.5. However, passage of a motion shall require an affirmative vote from one member of each member city. Notwithstanding a majority vote for passage of a motion, where two members from any one city vote against the motion, the motion fails. Such vote will constitute a veto for that city. A motion to reconsider the issue shall not occur until at least 12 months has passed from the date of the veto. The chair in their sole discretion shall determine if a new proposal is the same issue that has already been vetoed; therefore, a motion to reconsider is prohibited unless one member of the city who voted against the motion asks for the vote to be reconsidered. Each city shall be limited to four vetoes in any calendar year. The provisions of Section 2.6 shall not apply to any City that has given notice of withdrawal as provided in Section XI, Withdrawal. In the absence of the designated elected committee official, the designated elected official alternate of that municipality shall become a voting member of the committee. There shall be no voting by proxy. Votes must be cast at a committee meeting by a committee member. Administrative staff approval of payment of bills as in section 2.3 shall require unanimous agreement. 17 Memorandum To: Centerville City Council From: Kurt Glaser, City Attorney Date: January 13, 2014 RE: Electronic cigarettes i, Different types of electronic cigarettes An electronic cigarette (or e- cigarette), electronic vaping device, personal vaporizer (PV), or electronic nicotine delivery system (ENDS) (not to be confused with smokeless cigarettes) is a battery- powered device which simulates tobacco smoking. It generally uses a heating element that vaporizes a liquid solution. Some solutions contain a mixture of nicotine and flavorings, while others release a flavored vapor without nicotine. Many are designed to simulate smoking implements, such as cigarettes or cigars, in their use and/or appearance, while others are considerably different in appearance. The benefits and risks of electronic cigarette use are uncertain. m They may carry a risk of developing nicotine addiction. While many studies have shown the existence of various harmful effects, their regulation is subject ongoing debate. Health Safety Electronic cigarettes should have fewer toxic effects than traditional cigarettes, and evidence suggests they are safer than real cigarettes, and possibly as safe as other nicotine replacement products L61 The U.S. federal agency Centers for Disease Control and Prevention believes that there is enough evidence to say that electronic cigarettes are less harmful than smoking. One review raised concerns about the lack of regulatory oversight over the manufacturing process, marketing, as well as quality control. Also of concern were the purity of ingredients as well as the ease with which these devices can be modified .L 18 The BMA has noted literature finding electronic cigarettes as safer than tobacco smoking, but also is concerned by the lack of high quality peer- reviewed studies about safety. They have noted that the amount of nicotine delivered can be highly variable between devices due to differences in how well the nicotine is vaporized. They have also raised concerns that the delivered dose may be inconsistent or misleading compared to the nicotine level stated on the liquid container, with identically labelled cartridges emitting "markedly different" levels of nicotine. Issues around proper labeling, child -proof packaging, and electrical safety have also been raised .L A preliminary analysis of e- cigarette cartridges by the US Food and Drug Administration (FDA) in 2009 identified that some contain tobacco - specific nitrosamines (TSNAs), known cancer - causing agents. r 151[161 The amounts of TSNAs present were on par with existing NRT products like nicotine gum and inhalers. The FDA's analysis also detected diethylene glycol, a poisonous and hygroscopic liquid, in a single cartridge manufactured by Smoking Everywhere and nicotine in oneU G cartridge claimed to be nicotine -free. Diethylene glycol was found in a cartridge tested in 2009 by the FDA, but in 2011 researchers reviewed the data and noted that 15 other studies had failed to find any evidence of this chemical in e- cigarettes. Further concerns were raised over inconsistent amounts of nicotine delivered when drawing on the device. In some e- cigarettes, "Tobacco- specific impurities suspected of being harmful to humans — anabasine, myosmine, and 0- nicotyrine — were detected in a majority of the samples tested." It is not clear if these chemicals were detectable in exhaled vapor. 19 The UK National Health Service noted that the toxic chemicals found by the FDA were at levels one - thousandth that of cigarette smoke, and that while there is no certainty that these small traces are harmless, initial test results are reassuring. 20 Addiction A number of organizations including the Centers for Disease Control and Prevention, the International Union Against Tuberculosis and Lung Disease, the American Academy of Pediatrics [22) and the Food and Drug Administration have concerns that a -cigs might increase addiction to and use of nicotine and tobacco products in children. [241[251 The World Health Organization raises the concern of addiction from their use. 26 A 2013 report by the CDC analysing the 2012 National Youth Tobacco Survey (NYTS), a survey including 24,658 US students, found that while electronic cigarette use among middle and high school students almost doubled from 2011 to 2012, use of certain tobacco products (bidis and krekets) were shown to have fallen over the same period. Usage Electronic cigarette sales increased from 50,000 in 2008 to 3.5 million in 2012. As of 2011, in the United States, one in five adults who smoke have tried electronic cigarettes. 39 In a UK survey conducted in 2013 of more than 12,000 adults, 11% of regular smokers in the sample identified themselves as using electronic cigarettes and 24% stated that they had used them in the past. Amongst non - smokers in the same sample, 1 % said they had tried them and 0% stated that they were currently using them. [401 19 Among grade 6 to 12 students in the United States, those who have ever used the product increased from 3.3% in 2011 to 6.8% in 2012Y Those currently using electronic cigarettes increased from 0.6% to 1.1 %. Over the same period the percentage of grade 6 to 12 students who regularly smoke tobacco cigarettes fell from 7.5% to 6.7 %. 10% of students who have used e- cigs have never smoked. A 2013 UK survey by Action on Smoking and Health found that among non - smokers under 18, 1 % reported having tried e- cigarettes "once or twice," 0% reported continuing use, and 0% intended to try them in the future. ASH concluded that among children who have heard of e- cigarettes, sustained use is rare and confined to children who smoke or have smoked. 40 As the electronic cigarette industry grows, a subculture has emerged which calls itself "the vaping community ". B41[421W] Members of this emerging subculture often view electronic cigarettes as a safer alternative to smoking and some even view it as a hobby. They tend to use highly customized devices that do not resemble what are known, by some, as "cig -a- likes," or electronic cigarettes that resemble real cigarettes. Government Regulation Regulation of e- cigarettes by the US Food and Drug Administration (FDA) has been temporarily stopped due to litigation and until further study can be completed. Arizona, Maryland, New Hampshire, New Jersey, and New York have various forms of statewide regulation of e- cigarettes. The sale and use of e- cigarettes are regulated similar to cigarettes in Chicago and New York City. Various Minnesota jurisdictions including Duluth, Mankato, Hopkins, Hermantown, St. Peter and Hennepin County ban e- cigarette use or sales. Rep. Phyllis Kahn (DFL- Minneapolis) announced plans to introduce legislation in the 2014 legislative session that would add e- cigarettes to the Minnesota Clean Indoor Air Act. Centerville Code § 116.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. TOBACCO - RELATED DEVICES. Any tobacco product as well as a pipe, rolling papers or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products and includes any electronic - smoking device that can be used to deliver nicotine or any other substances to the person inhaling from the device Such electronic - smoking device may be termed to include electronic cigarettes electronic cigars electronic pipes or any other product name - 20 Briefing { 1 ' THE MILITARY Navy Drones Take to the Sea The Navy is seeking a way to do underwater what the Air Force has been doing in the sky: prowl stealthily for long perlods of time and gather the kind of data that could turn the tide in war. i But M a new twist, the Nary has found a way to power an eventual UNEMPLOYMENT fleet of150submersibledrones B BENEFITS R d t he n Nm and cutting g L fuel Wits• More than 1.3 mil- The drone, known as the lion Americans Slocum GWer, chars density i lost federal urierri- In response to the out" Water, ployment benefits � on Dec. 28 as causin the S�r1on (1.5 rrq S Out Local lawmakers treat ,�pedo4ikevesseltoriseorsink a � "Woughthoocee„'stherrnoclkres, e- cigarettes like the real thing during the depths or bands of warm and cod water at BY ELIZA GRAY of the recession and below its surface. The stubby expired. Demo- wings translate sane of that up- crats condemned and-down nwtkm into a forward IF IT LOOKS LIKE A DUCK AND There are no federal rules on s awtoeth lice path at about a mile quacks like a duck, the old say- -cigs, which work e s renew the mea emitting Congress's failure an hour (1.6 kpVh). ing goes, then it might just be a a vaporized n to Much of the work such gliders j icotine solution sure, which ex ! duck. Such is the reasoning be- and have become a popular al tends Jobless pay do is oceanographic, collecting hind a series of state and local ternarive for smokers looking to perature and beyond the Stan data about water tem regulations enacted in the final quit. Lawmakers say the vapor dard 26 weeks currents. The drone transmits ! at an average of better sonar information — used to goner- month of 2013 that treat elec looks like smoke, weakening ate Images --to head- ! tropic cigarettes just like regu- social pressure to enforce exist- $300 per week, s ti c ki ng its tail -borne lar smokes. ing smoking bans, and that and warned of dire quarters by H d other chemicals in consequences antenna out of the water. But the nicotine an Right before Christmas, for families and drones are also being enlisted to Oklahoma Governor Mary Fal the vapor could be harmful to the economy. The scout enem coastlines, where breathe in secondhand. A recent p will push the they could help the Navy hunt lip issued an executive order, j effective Jan. i, barring the use study published in the journal issue in January down mi Nicotine an and to � d Tobacco Research as Congress con- without putting sellers of e- cigarettes on state-owned m ciders a W-day _MARK THOMPSON property. Earlier in December, found that e- cigarettes are a extension of ; the Los Angeles city council source of secondhand exposure long -term Jobless Slocum Gliders transmit vo t Re to license a -cig vendors to nicotine. But a -cig support benefits, bu data to waiting ships o and prohibit a -cig sales in self ors caution that there is not publicans are de- when they surface service displays. And in one of enough available information manding offsetting i the strongest moves yet against about the health effects to draw saw to More o the increasingly popular to conclusions. 4.1 million Ameri ° bacco product, the New York The Food and Drug Adminis- cans ha d b Ben city council extended the city's tration has been weighing how out of work for at ` strict ban on smoking in pub- to handle e-cigs and promising least 26 weeks s lic places to a -cigs. Chicago is action for months. In September, and were looking considering a similar measure. 40 state attorneys general urged for j ob i Utah, New Jersey and North Norem- E the FDA to regulate the sale and the Department Dakota have all passed legisla- advertising of a -cigs, and observ- of Labor. tion prohibiting a -Gigs wherever ers expect that regulations could _ZM MILLER f regular smoking is banned, and come early in 2Ox4. Until that many other states are weighing happens, local lawmakers will r p their own regulations. likely continue taking matters Why the flurry of new laws? into their own hands. TIME January 13, 2014 10 21 Anoka County Contract No. 2013 -0626 JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF COUNTY STATE AID HIGHWAY 21 ( CENTERVILLE ROAD) FROM COUNTY STATE AID HIGHWAY 34 (BIRCH STREET) TO CSAH 14 (MAIN STREET) IN THE CITIES OF CENTERVILLE AND LINO LAKES, MN (SAP 002 - 621 -010) THIS AGREEMENT is made and entered into this _ day of , 2014 by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County ", and the City of Centerville, 1880 Main Street, Centerville, MN 55038, hereinafter referred to as "City ". WITNESSETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to reconstruct County State Aid Highway (CSAH) 21 (Centerville Road) from County State Aid Highway (CSAH) 34 (Birch Street) to County State Aid Highway (CSAH) 14 (Main Street) and, WHEREAS, said parties mutually agree that CSAH 21 from CSAH 34 to CSAH 14 is in need of reconstruction; and, WHEREAS, the County has prepared preliminary design plans for the reconstruction of CSAH 21 from CSAH 34 to CSAH 14 in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout condition; and, WHEREAS, Anoka County has jurisdiction over CSAH 21 and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of reconstructing and reclaiming the roadway, adding right and left turn lanes, curb and gutter, storm sewer, shoulders and trail as described in the preliminary design plans. The County project number for the reconstruction is SAP 002 - 621 -010. Said engineering plans are filed in the office of the Anoka County Highway Department and incorporated herein by reference. The parties to this Joint Powers Agreement (JPA) agree in principle that construction of County State Aid Project No. 002 - 621 -010 from CSAH 34 to CSAH 14 is in the best interest of the traveling public and that the Preliminary Layout as shown in Exhibit "A" defines the preliminary design of the Project. 1 22 It is agreed that the Exhibit "A" Layout dated September 24, 2013 has been reviewed and accepted by the parties and is suitable for preparation of final construction documents. Any significant changes made hereafter to the design as presented in the Exhibit "A" Layout will require approval by the parties as an amendment to this JPA. These same changes will require a change in the cost share to include any additional design engineering costs that may occur. II. METHOD The County shall cause the construction of Anoka County Project SAP 002 - 621 -010, in conformance with proposed engineering plans and specifications. IMPROVEMENTS It is agreed by the parties that in late 2014 CSAH 21 will be reconstructed between CSAH 34 and CSAH 14 to the extent shown in "Exhibit A ". The improvements between CSAH 34 and Dupre Road include a reclaim and overlay of the existing two lane roadway, and the addition of 4 foot shoulders. The improvements between Dupre Road and Heritage Street include a full depth reconstruction with curb and gutter, and the addition of 8 foot shoulders. The improvements between Heritage Street and 100 feet south of CSAH 14 include a mill and overlay, matching the existing roadway width. The following are improvements to the existing CSAH 21 intersections: -CSAH 34: Add right turn lane for southbound CSAH 21 to westbound CSAH 34. -Dupre Road: Add right and left turn lanes for northbound and southbound CSAH 21 to Dupre Road. - Hunters Trail: Add right turn lane for southbound CSAH 21 to westbound Hunters Trail. - Center Street: Add right turn lane for northbound CSAH 21 to eastbound Center Street. - Meadow Lane /Church Entrance: Add right and left turn lanes for northbound and southbound CSAH 21 to Meadow Lane /Church Entrance. - Private Road: Add right turn lane for northbound CSAH 21 to eastbound private road. - Heritage Street: Add right turn lanes for northbound and southbound CSAH 21. -Sorel Street: Maintain existing roadway width. -CSAH 14: No impacts. The costs of these improvements have been estimated for this agreement and will be finalized after bids have been received. These costs will be shared by the County and the City. RIGHT OF WAY The parties agree that the County will acquire all necessary right -of -way and easements for the Project. Acquisition of any additional right -of -way and/or easements needed for improvements to the City street intersections beyond what is defined in the Exhibit "A" Layout will be the responsibility of the City. It is agreed by the parties that all necessary right of way and easements will be in legal possession of the County prior to acceptance of bids for the project. Any City owned property or easements required for the construction will be conveyed to the County at no cost. 2 23 DRAINAGE The City is including in the project the construction of a trunk storm sewer from downtown, south along CSAH 21 to the existing ditch 300 feet south of Center Street, that is planned to accommodate future redevelopment. The City shall supply the signed plan sheets and specifications for the proposed storm sewer. The total cost of the design will be at the expense of the City. All construction documents must be submitted to the County by March 14, 2014. The County will also utilize this storm sewer for the drainage from the County Road. The County shall pay for that portion of the storm sewer trunk line required for the drainage of the County Road. It is agreed by both parties that the discharge from CSAH 21 to the City trunk storm sewer shall be treated in the City pond in the County park. Any improvements to the ditch from CSAH 21 shall be cost shared at 90% City, 10% County (the approx. drainage outletting to this ditch). If there is storm sewer required that is not able to utilize the City trunk storm sewer, the City shall pay for a percentage of the cost of the storm sewer system, including the detention basins and their outlet structures. The City portion of the cost is based on contributing flow through the storm sewer system to the detention basin determined by the product of contributing area and runoff coefficient. BITUMINOUS TRAIL: The City is including a bituminous trail along the east side of CSAH 21. This new trail will extend from Dupre Road to the existing sidewalk at Meadow Lane. This trail location has been agreed to by the City. If this location changes in the future, the additional costs associated with this change will be the responsibility of the City. The existing concrete sidewalk requiring reconstruction between Meadow Lane and Heritage Street will be paid for by the County, per County Cost Share Agreement. The parties understand that the cost for the trail includes: bituminous surfacing, aggregate base, excavation (including muck excavation), borrow material (granular and topsoil), and turf establishment. The parties agree that the County will pay for the design of the trail, wetland mitigation required by impacts caused by the trail, the additional right of way and easements required to construct the trail at the proper location, and any removal items, with the exception of any soils correction in areas of existing trails, required to construct the trail. The City shall be responsible for determining the impacts to the drainage system from filling in the existing ditch along the east side of CSAH 21, and determine the proposed pipe size needed to accommodate this flow. TRAFFIC CONTROL The parties understand and agree that CSAH 2 1 (Centerville Road) will be constructed in the following stages (preliminary, to be finalized with further discussions with the City and will be dependent on the bid letting date and how much time is left in the 2014 construction season): -Stage 1: Road closed from CSAH 34 (Birch St) to Hunter's Trail for construction. -Stage 2: Road closed from Hunter's Trail to Heritage Street for reconstruction. 3 24 The parties understand and agree that CSAH 21 will be closed to thru traffic during construction, but will always be open to local traffic. The parties agree and understand the cost share for traffic control for the city shall be a prorated share based on the City project cost divided by the total project cost. DRIVEWAYS The parties agree that all driveways affected by the Project will be reconstructed in kind at 100% project cost with the cost of any upgrades requested by the City, including concrete aprons, to be the sole responsibility of the City. LANDSCAPING /STREETSCAPING: The parties agree that if the City wishes to include landscaping or streetscape features in the project, they shall be designed in accordance with Anoka County Highway Department Landscape / Streetscape Guidelines. The City shall supply the signed plan sheets and specifications for the proposed landscape /streetscape. The total cost of the design as well as the construction cost above standard median cost will be at the expense of the requesting City. All construction documents must be submitted to the County by March 14, 2014. Maintenance of any landscaping/streetscaping will be the sole responsibility of the City. UTILITIES The parties agree that the Exhibit "A" Layout does not include specific proposed utility locations. The City will be responsible for the design of any sanitary sewer and water main improvements and/or relocations due to road reconstruction, including the lowering of the MCES sanitary crossing at Heritage St, which will be incorporated into the project bid documents. The cost of the design of these features shall be the responsibility of the City. The cost of construction of the sanitary sewer and watermain features shall be the responsibility of the City. The cost of construction of the MCES sanitary lowering shall be a shared cost (75% City, 25% County). The City's design of the sanitary sewer and water main utilities are to include signed plans, specifications, and estimated quantities and cost. All construction documents must be submitted to the County by March 14, 2014. PERMITS: The parties agree that the County will secure all necessary permits for this Project. The City agrees to coordinate with the County in securing the permits required by the Rice Creek Watershed District, city permits, as well as any other permits that may be required. The County also requests that the City inform the County of any ordinances or city regulations that affect construction at the time of the signing of this JPA. (e.g. setbacks, tree clearing ordinances, or any other city ordinances.) III. COSTS The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs, which will be incurred for this project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible. 4 25 This cost estimate includes a storm sewer cost share for the project of 75% City /25% County. The estimated construction cost of the total project is $2,213,157. The total estimated construction cost to the City is $520,238. The City participation in construction engineering will be at a rate of eight percent (8 %) of their designated construction share of $520,238. The estimated cost to the City for construction engineering is $41,619. In summary, the total City share of this project is $561,857 (includes construction and construction engineering costs). Upon award of the contract, the City shall pay to the County, upon written demand by the County, ninety five percent (95 %) of its portion of the cost of the project estimated at $533,764. Prior to billing, this estimate will be updated by the County to reflect the actual bid prices as awarded. An updated cost estimate shall be provided to the City at the time of billing. The City's share of the cost of the project shall include only construction and construction engineering expense and does not include engineering design and administrative expenses incurred by the County. Upon final completion of the project, the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety five percent (95 %) charged to the city will be made in the form of credit or additional charges to the City's share. Also, the remaining five percent (5 %) of the City's portion of the construction costs shall be paid. IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts shall be made upon request by either party. Prior to City payment to the County, Anoka County shall provide the City a copy of all cost participation documents submitted to MnDOT State Aid to assist the City in their application for MSA funding. VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is 5 26 delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. MAINTENANCE A. Maintenance of the completed storm sewer (except catch basins and catch basin leads) and, detention basins (including ponds and their outlet structures and grit chambers /collectors) shall be the sole obligation of the City. Cost of any major future repair or replacement of joint storm sewer will be based on the original cost split. B. Maintenance of all sidewalks, including snow plowing, shall be the sole responsibility of the City. C. Maintenance of the bituminous trails shall be the responsibility of the City. The City shall be responsible for general routine maintenance, such as, sweeping, clearing, plowing, trash removal and other incidental items and shall be responsible for long -term maintenance, such as bituminous overlays, crack sealing and replacement. D. Maintenance of crosswalk pavement markings on City streets shall be the responsibility of the City. The County will be responsible for all crosswalk pavement markings for the crossings on CSAH 21 as applicable. E. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. XI. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City Administrator of City of Centerville, 1880 Main Street, Centerville, MN 55038, on behalf of the City. XII. INDEMNIFICATION The City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. 6 27 XIII. ENTIRE AGREEMENT REQUIREMENT OF WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF CENTERVILLE By: By: Rhonda Sivarajah, Chair Thomas Wilharber Board of Commissioners Mayor Dated: Dated: ATTEST By: By: Jerry Soma Dallas Larson County Administrator City Administrator Dated: Dated: RECOMMENDED FOR APPROVAL By: By: Douglas W. Fischer, P.E. Kurt Glaser County Engineer City Attorney Dated: Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: 7 28 EXHIBIT " C " COST - SHARING AGREEMENT FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY USING COUNTY STATE AID FUNDS OR LOCAL TAX LEVY DOLLARS ITEMS COUNTY SHARE CITY SHARE Concrete Curb & Gutter 50% 50% Concrete Curb & Gutter for Median Construction 100% 0% Concrete Median 100% 0 * Concrete Sidewalk 0% 100% Concrete Sidewalk Replacement 100% 0% Bikeways 0% 100% Bikeway Replacement 100 %, 0% Unless existing trail not placed at edge of R/W Construction or Adjustment of Local Utilities 0% 100% Grading, Base and Bituminous 100% 0% Storm Sewer based on state aid letter * based on state aid letter * Driveway Upgrades 100 %, in -kind 100 %, of up- grades Traffic Signals, new & replacements (communities larger than 5,000) '% the cost of it's the cost of its legs of w/ State Aid approved SJR legs of the intersection the intersection plus 1 /2 the cost of the County legs of the intersection Traffic Signals, new & replacements (communities less than 5,000) 100% 0% w/ State Aid approved SJR Traffic Signal, w/o State Aid approved SJR 0% 100% EVP 0% 100% *3 *3 Engineering Services Right -of -Way 100 % 0% Street Lights 0% 100% Noise Walls 100 % * 0 % *1 The County pays for 100% of Standard Median Design such as plain concrete. If a local unit of government requests decorative median such as brick, stamped concrete, or landscaping, the local unit will pay the additional cost above the cost of standard median. *2 In the event no State Aid is being used, or in the event the state aid letter does not determine cost split percentages, drainage cost shares will be computed by the proportion of contributing flow outside the County right of way to the total contributing flow. *3 Engineering shall be paid by the Lead Agency except that any participating agency will pay construction engineering in the amount of 8% of the construction costs paid by that agency. *4 In the event that the Township or City requests purchase of right -of -way in excess of those right -of -ways required by County construction, the Township or City participates to the extent an agreement can be reached in these properties. For instance, a Township or City may request a sidewalk be constructed alongside a County roadway which would require additional right -of -way, in which case the Township or City may pay for that portion of the right -of -way. Acquisition of right -of -way for new alignments shall be the responsibility of the Township or City in which the alignment is located. This provision may be waived by agreement with the County Board if the roadway replaces an existing alignment and the local unit of government takes jurisdiction of that existing alignment. In addition, any costs, including right -of -way costs, incurred by the County because a Township or City did not acquire sufficient right -of -way during the platting process or redevelopment process as requested by the County shall be paid by the Township or City. *5 If previously notified, the City shall be responsible for future noise wall maintenance. Notification includes any letter to the agency indicating that noise will potentially be an issue in the future, likely received during the Plat Review Process. The County shall pay 100% of Standard Noise Wall Cost. If a local agency requests decorative noise walls, then the requesting agency will pay the additional cost above the cost of standard noise wall. Furthermore, should an agency request a noise wall to be built where not required by the applicable federal or state standard, the entire cost of the wall shall be bome by the requesting agency. 8 29 1 P: \02- 621 -10 \Documents \Road & Bridge Design \estimate \01- 16- 2014_SEQ 21 Share_25 %_75 %.xlsx 01/17/2014 1:58 PM - r7ij Ld EXHIBIT "B" 60% ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS EXHIBIT "B" = 60% Estimated Cost Share CSAH 21 (CENTERVILLE ROAD) FROM CSAH 34 (BIRCH ST.) TO CSAH 14 (MAIN ST.) EXHIBIT "C "= Cost Shering Agreement 01 -17 -2014 - 8' Bit Trail by MARIO 01- 13.2014 NON - PARTIC STATE AID PARTICIPATING STORM SEWER (D) TOTAL COUNTY OF ANOKA-25.0% LOCAL UNIT PROJECT QUANTITY COUNTY OF ANOKA CITY OF CENTERVILLE SAP 002 -621 -010 COUNTY OF ANOKA CITY OF CENTERVILLE ITEM UNIT PRICE SAP 002-021 -010 SAP 002621 -010 CE 0% ITEM ( DESCRIPTION (A) (B) C ) SAP 002. 621 -0� CP 002 - 621 -010 SAP 002. 621 -010 (G) NO. E F QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT LUMP SUM $80.000.00 1 $0.000.00 0.662 E52 0X80 S1 00 0.103D AO 2021:501 MOSKJZATIDN EA04 $8.0M IDD 1 000a 0:862 02900 $11 88000 0.1030 $824470 '.90 1i FEW OFFICE TYPE D HOUR $1.00 1 $1.00 1 $1.00 2041.610 TRAINEES 2101.501 CLEARING ACRE $1,800.00 0.65 $1,170.00 0.65 $1,170.00 2101.502 CLEARING TREE $50.00 131 $6,550.00 131 $6,550.00 2101.506 GRUBBING = $1,600.00 0. $1,040.00 0.65 $1,040.00 2101.507 GRUBBING $40.00 107 $4,280.00 107 $4,280.00 2104.501 REMOVE PIPE CULVERTS $1000 1,494 $14,940.00 1,454 $14,540.00 40 $400.00 2104.501 REMOVE PIPE SEWERS $10.00 182 $1,820.00 182 $1,820.00 2104.501 REMOVE CURB AND GUTTER $2.50 937 $2,342.50 937 $2,342.50 30 $90.00 30 $90.00 2104.501 REMOVE BITUMINOUS CURB LIN FT $3.00 2104.501 REMOVE RETAINING WALL LIN FT $10.00 2104.501 REMOVE FENCE LIN FT $3.20 176 $563.20 176 $563.20 2104.503 REMOVE BITUMINOUS WALK SO FT $0.90 1,151 $1,035.90 1,151 $1,035.90 2104.503 REMOVE CONCRETE WALK SO FT $0.90 4,948 $4,452. 4,948 $4,452.91 91 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD $6.00 123 $738.00 123 $738.00 2104.505 REMOVE BITUMINOUS PAVEMENT SO YD $2.00 12,658 $25,316.00 12,658 $25,316.00 2104.509 REMOVE PIPE APRON EACH $210.00 53 $11,130.00 53 $11,130.00 EACH $2,500.00 1 $2,500.00 0.75 $1,875.00 0.25 $625.00 2104.509 REMOVE HEAD WALL EACH $250.00 9 $2,250.00 9 $2,250.00 2104.509 REMOVE MANHOLE OR CATCH BASIN 2 EACH $150.00 1 $150.00 1 $150.00 104.509 REMOVE BITUMINOUS FLUME 2104.511 SAWING CONCRETE PAVEMENT (FULL DEPTH) LIN FT $5.00 52 $260.00 52 $260.00 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT $2.40 1,087 $2,608.80 1,087 $2,608.80 2104.523 SALVAGE SIGN TYPE C EACH $25.00 2104.523 SALVAGE SIGN TYPE SPECIAL EACH $50.00 2104.523 SALVAGE MAIL BOX SUPPORT EACH $40.00 2104.601 HAUL SALVAGED MATERIAL LUMP SUM $1,000.00 1 $1,000.00 1 $1,000.00 2105.501 COMMON EXCAVATION (EV) (P) CU YD $5.80 18,412 $106,789.60 18,412 $106,789.60 356 $2,314.00 2105.505 MUCK EXCAVATION CU YD $6.50 356 $2,314.00 2105.507 SUBGRADE EXCAVATION (EV) (P) CU YD $4.50 6,843 $30,793.50 6,843 $30,793.50 COMMON BOR CU YD $6.00 4,925 $29,550.00 2,962 $17,772.00 1,963 $11,778.00 2105.523 ROW (LV) 2123.610 DOZER HOUR $120.00 20 $2,400.00 20 $2,400.00 2130.501 WATER M GALLON $22.00 50 $1,100.00 56 ,652 $1,100.0 2211.501 AGGREGATE BASE CLASS 5 TON $17.00 687 $11,682.18 156 $2.00 531 $9,030.18 2211.503 AGGREGATE BASE (CV) CLASS 5 (P) CU YD $2 6,626 $1 6,626 $1 ,520.00 $4 2232.501 MILL BITUMINOUS SURFACE SO YD $2.00 2,244 $4,488.00 2,244 $4,488.00 2331.604 BITUMINOUS PAVEMENT RECLAMATION SQ YD $11.00 6,892 $75,812.00 6,892 $75,812.00 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON $2.50 1,857 $4,64 $4,642.50 2.50 1,857 2360.501 TYPE SP 12.5 WEARING COURSE MIX 2,8) TON $90.00 454 $40,860.00 148 $13,320.00 306 $27,540.00 2360.501 TYPE SP 12.5 WEARING COURSE MIX (3,F) TON $66.00 4,334 $286,044.00 4,334 $286,044.00 2360.502 TYPE SP 12.5 NON WEAR COURSE MIX (3,B) TON $85.00 117 TON $60.00 7, $461,100.00 $9,945.00 117 7,6 $461,100.00 $9,945.00 2360.505 TYPE SP 12.5 BITUMINOUS MIXTURE FOR PATCHING 2451.509 AGGREGATE BEDDING (CV) CU YD $20.00 469 1 $9,380.00 26 $520.00 443 $8,860.00 2451.607 TRENCH STABILIZATION MATERIAL (CV) CU YD $40.00 162 $5,670.00 2501.511 15" RC PIPE CULVERT CLASS III LIN FT $35.00 162 $5,670.00 206 $9,270.00 2501.511 24' RC PIPE CULVERT CLASS III LIN FT $45.00 206 $9,270.00 37.50 $5,625.00 13 $1,875.00 2501.511 48" RC PIPE CULVERT CLASS III LIN FT $150.00 50 $7,500.00 6 $2,550.00 2 $850.00 2501.515 15" RC PIPE APRON EACH $425.00 EACH $427.00 8 3 $1,281.00 1 $427.00 2501.515 24" RC PIPE APRON EACH $1,250.00 0.75 $937.50 0.25 $312.50 2501.515 54" RC PIPE APRON 6 $2,280.00 2 $760.00 2503.541 TRASH GUARD FOR 15" PIPE APRON EACH $380.00 8 $3,040.00 3 $1,530.00 1 $510.00 2503.541 TRASH GUARD FOR 24" PIPE APRON EACH $510.00 4 $2,040.00 1 $525.00 0.25 $175.00 2503.541 TRASH GUARD FOR 30 " PIPE APRON EACH $700.00 1 $700.00 0.75 $472.50 0.25 $157.50 2503.541 TRASH GUARD FOR 36" PIPE APRON EACH $630.00 1 1 $630.00 T $25.00 1,641 $41,025.00 1,231 $30,768.75 410 $10,256.25 50 23 LIN F .541 15" RC PIPE SEWER DESIGN 3006 CL V 287 $7,735.50 96 $2,578.50 2503.541 18" RC PIPE SEWER DESIGN 3006 CL III LIN FT $27.00 382 $10,314.00 695 $20,140.50 232 $6,713.50 2503.541 21" RC PIPE SEWER DESIGN 3006 CL III LIN FT $29.00 926 $26,854.00 175 $13,980.00 58 $4,660.00 2503.541 30" RC PIPE SEWER DESIGN 3006 CL III LIN FT $80.00 233 $18,640.00 335 $30,172.50 112 $10,057.50 2503.541 36" RC PIPE SEWER DESIGN 3006 CL III LIN FT $90.00 447 $40,230.00 32 $2,902.50 11 $967.50 2503.541 42" RC PIPE SEWER DESIGN 3006 CL III LIN FT $90.00 43 $3,870.00 30 2 P: \02- 621 -10 \Documents \Road & Bridge Design \estimate \01- 16- 2014_SEQ 21 Share_25 %_75 %.xlsx 01/17/2014 1:58 PM EXHIBIT "B" 60% ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS EXHIBIT "B" = 60% Estimated Cost Share CSAH 21 (CENTERVILLE ROAD) FROM CSAH 34 (BIRCH ST.) TO CSAH 14 (MAIN ST.) EXHIBIT "C "= Cost Sharing Agreement 01 -17 -2014 - 8' Bit Trail by MARIO 0143 -2014 NON - PARTIC STATE AID PARTICIPATING STORM SEWER (D) TOTAL COUNTY OF ANOKA-25.0% LOCAL UNIT PROJECT QUANTITY COUNTY OF ANOKA CITY OF CENTERVILLE SAP 002 -621 -010 COUNTY OF ANOKA CITY OF CENTERVILLE ITEM ITEM UNIT PRICE SAP 002 -021 -010 SAP 002 - 621 -010 ( ) CENTE 002-621 -0 00% C CP 002.621 -010 SAP 002$21 -010 (G) DESCRIPTION (A) (B ) NO. E F QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT LIN FT $140.00 1,660 $232,400.00 1,245 $174,300.00 415 $58,100.00 2503.541 48" RC PIPE SEWER DESIGN 3006 CL III 42 $7,140.00 32 $5,355.00 11 $1,785.00 25034541 54" RC PIPE SEWER DESIGN 3006 CL V LIN FT $170.00 2503.601 SANITARY SEWER SYSTEM LS $15,000.00 1 $15,000.00 0.25 $3,750.00 0.75 $1 $7 50.00 2503.602 CONNECT TO EXISTING STORM SEWER EACH $500.00 2 $1,000.00 1.50 $750.00 0.50 $250.00 2504.602 RELOCATE HYDRANT EACH 1 1 2504.602 RELOCATE HYDRANT & VALVE EACH $2,500.00 3 $7,500.00 3 $7,500.00 EACH $300.00 20 $6,000.00 20 $6,000.00 2504.602 VALVE BOX EACH $300.00 20 $6,000.00 20 $6,000.00 2504.602 ADJUST GATE VALVE &BOX 2505.601 COMMON CHANNEL EXCAVATION LS $15,000.00 1 $15,000.00 0.25 $3,750.00 0.75 $11,250.00 75 $18,725.00 2506.501 CONST. DRAINAGE STRUCTURE DESIGN H LIN FT $250.00 74.9 $18,725.00 72.8 $20,384.00 2506.501 CONST. DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT $280.00 72.8 $20,384.00 18.4 $6,440.00 2506.501 CONST. DRAINAGE STRUCTURE DESIGN 60 -4020 LIN FT $350.00 18.4 $6,440.00 14.8 $6,205.50 4.9 $2,068.50 2506.501 CONST. DRAINAGE STRUCTURE DESIGN 66-4020 LIN FT $420.00 19.7 $8,274.00 25.2 $12,096.00 LIN FT $480.00 100.8 $48,384.00 75.6 $36,288.00 2506.501 CONST. DRAINAGE STRUCTURE DESIGN 724020 6.8 $3,645.00 2.3 $1,215.00 2506.501 CONST. DRAINAGE STRUCTURE DESIGN 96020 LIN FT $540.00 9.0 $4,860.00 2.8 $1,736.00 LIN FT $620.00 11.2 $6,944.00 8.4 $5,208.00 2506.501 CONST. DRAINAGE STRUCTURE DESIGN 108 -4020 57 $39,900.00 2506.516 CASTING ASSEMBLY EACH $700.00 57.0 $39,900.00 EACH $950.00 16.0 $15,200.00 4 $3,800.00 12 $11,400.00 2506.522 ADJUST FRAME & RING CASTING EACH $450.00 2506.602 RECONSTRUCT DRAINAGE STRUCTURE EACH $400.00 2506.602 ADJUST DRAINAGE STRUCTURE EACH $3 40 2506.602 CONSTRUCT SANITARY MANHOLE - TYPE 301 2511.501 RANDOM RIPRAP CLASS V CU YD $90.00 100 $9,000.00 25 $2,250.00 75 $6,750.00 2511.515 GEOTEXTILE FILTER TYPE III SQ YD $3.00 2521.501 4" CONCRETE WALK SO FT $3.30 307 $1,013.10 307 $1,013.10 LIN FT $11.20 7,070 $79,184.00 3,535 $ 3,535 $39,592.00 2531.501 CONCRETE CURB I, GUTTER DESIGN B424 2531.507 6" CONCRETE DRIVEWAY PAVEMENT SO YD $11.50 250 $2,875.00 250 $2,875.00 2531.604 CONCRETE DRAINAGE FLUME SQ YD $40.00 SQ FT $50.00 172 $8,600.00 136 $6,800.00 36 $1,800.00 2531.618 TRUNCATED DOMES SO FT $5.50 620 $3,410.00 476 $2,618.00 144 $792.00 2531.618 PEDESTRIAN CURB RAMP 2540.602 MAIL BOX SUPPORT EACH $115.00 24 $2,760.00 24 $2,760.00 2540.602 RELOCATE MAIL BOX SUPPORT EACH $75.00 1 $75.00 1 $75.00 SI ,00 t o 516.00000 0.862 0235 _.. 80 0.103 t1 LUMP 2583'1 O HOUR $70.00 2 $140.00 2 $140.00 2563.610 POLICE OFFICER 2564.531 SIGN PANELS TYPE C SO FT $30.00 2564.602 CULVERT MARKER X4 -3 EACH $150.00 4741A:4:974 7 $1,050.00 2573.502 SILT FENCE, TYPE MACHINE SLICED LIN FT $2.00 974 $9,948.89 2575.501 SEEDING (P) ACRE $120.00 3.9 $468.00 2575.502 SEED MIXTURE 250 POUND $8.00 82 2575502 SEED MIXTURE 310 POUND $15.00 182 $2,730.00 2575.505 SODDING TYPE SALT RESISTANT SO YD M 2575.511 MULCH MATERIAL T 10,632 $29,769.60 10,632 $29,769.60 TYPE 1 TON 7.8 $1,248.00 7.8 $ $ 248.00 2575.519 DISK ANCHORING (P) ACRE 3.9 $234.00 3.9 $234.00 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 SO YD 10,749 $12,898.80 10,749 $12,898.80 2575.532 FERTILIZER TYPE3 POUND 1,183 $887.25 1,183 $887.25 2575.532 FERTILIZER TYPE 4 POUND 332 $298.80 332 $298.80 2575.571 RAPID STABILIZATION METHOD 3 M GALLON 13 $4,160.00 13 $4,160.00 2582.501 PAVEMENT MESSAGE (LT ARROW) PREFORMED THERMOPLASTIC EACH $320.00 EACH $320.00 2582.501 PAVEMENT MESSAGE (RT ARROW) PREFORMED THERMOPLASTIC LIN FT $16.00 2582.502 T4 LINE WHITE - PREFORMED THERMOPLASTIC LIN FT $1 2582.502 24" SOLID LINE YELLOW - PREFORMED THERMOPLASTIC 0 LIN FT $0 7.0 7.0 2582.502 4" SOLID LINE WHITE - EPDXY W .40 LIN FT $0 2582.502 4" BROKEN LINE WHITE - EPDXY LIN FT $ 2582.502 8" BROKEN LINE WHITE - EPDXY LIN FT $0.60 2582.502 4" SOLID LINE YELLOW - EPDXY LIN FT $0.65 2582.502 4" DOUBLE SOLID LINE YELLOW - EPDXY 2582.503 CROSSWALK MARKING - WHITE PREFORMED THERMOPLASTIC SO FT 12.00 31 3 P: \02- 621 -30 \Documents \Road & Bridge Design \estimate \01 -16 201 -SEO 21 - Cost Share 25%- 75 %.xlsx 01/17/2014 1:58 PM EXHIBIT "B.. 60% ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS EXHIBIT "B" =60% Estimated Cost Share CSAH 21 (CENTERVILLE ROAD) FROM CSAH 34 (BIRCH ST.) TO CSAH 14 (MAIN ST.) EXHIBIT "C"= Cost Shering Agreement 01 -17 -2014 ' 8' Bit Trail by MARIO 01.13 -2014 NON- PARTICIPATING STATE AID PARTICIPATING STORM SEWER (D) TOTAL COUNTY OF ANOKA =25.0% LOCAL UNIT PROJECT QUANTITY COUNTY OF ANOKA CITY OF CENTERVILLE SAP 002 -621 -010 COUNTY OF ANOKA ITEM ITEM UNIT PRICE SAP 002 - 621 -010 SAP 002 -621 -010 ( CITY OF CENTERVILLE ) CE SAP 002. 621 -01� yO c cP ooz- s21 -010 SAP 002-621 -010 (G) NO. DESCRIPTION (A) ( E F QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT $2,213,157.53 $1,464,370.35 $520,238.43 1 L $228,548.75 SUBTOTAL 2,213,157.53 A B C D E F G Funding Group: Group A Group B 7 Group E Group F Group G State Funds Available Totals: $2,213,157.53 $1,464,370.35 $520,238.43 228,548.75 % Federal Fundin Total Federal Eligible Items: 1 $2,213,157.53 $1,464,370.35 $520,238.43 Federal Funds Available Rounded to: Note County Storm Sewer not connected to City pipe line SAP 002 - 621 -010, CSAH 21 - FUNDING SPLITS 36 ", 42" Pipe and 8' Bit Path Included to the City Cost. ANOKA COUNTY CITY OF CENTERVILLE PROJECT L FEDERAL STATE AID LOCAL FEDERAL STATE AID LOCAL TOTALS TOTALS FEDERAL STATE AID FUNDS TOTALS FUNDS TOTALS FUNDS FUNDS FUNDS (E) FUNDS FUNDS (F) FUNDS FUNDS (G) ROADWAY 1,984,608.78 1,464,370.35 1,464,370.35 520,238.43 520,238.43 75 228,548.75 548 75 228 548. , . DRAINAGE (25.0% County, 75.0% Centerville) 228, 1,692,919.10 520,238.43 520,238.43 CONSTRUCTION TOTAL 2,177,052.60 135,157.53 1,135,433.53 135,433.53 41,619.07 41,619.07 ,919.10 8% CONSTRUCTION ENGINEERING 177 DESIGN ENGINEERING RIGHT OF WAY UTILITY RELOCATION 2,390210.13 1,828,352.62 1,828.352.621 561,857.501 1 561,857. PROJECT TOTAL PRORATA ITEMS TO TAL WITHOUT MOBILIZATION, FIELD OFFICE TYPE D. AND TRAFFIC CONTROL $2,110,157.53 $7,396,184.35 $496.033.43 217, 5 1 . 0 0.662000 0.235000 0.103000 RATIO OF COLUMN SUBTOTAL VS. PROJECT SUBTOTAL BOTH W/O MOBILIZATION, FIELD OFFICE, AND TRAFFIC CONTROL 32 Res. #14 -0 A RESOLUTION AUTHORIZING PROCEEDS FROM LAND SALES TO DEBT SERVICE FUND WHEREAS, the City Council issued improvement bonds (accounted for in Fund Number 348) to finance the improvement of Commerce Drive, and WHEREAS, the source of funds for repayment of this bonded debt was projected to include sale of land for commercial development and WHEREAS, significant new development is not anticipated in the foreseeable future, and the anticipated proceeds from the sale of the land will likely be much less than originally anticipated, thus cash from other sources is needed to pay the debt, and WHEREAS, the Council determined that seven properties identified on the attached Exhibit A, owned by the City were designated as surplus and available for sale, and WHEREAS, the Council determines that the proceeds from the sale of these parcels should all be designated to Fund #348 until sufficient funds are available to retire the bonds. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA: 1 • The City Council hereby commits the proceeds from sale of parcels of real estate to Fund 348, until sufficient funds are available to retire the debt. 2. The Council hereby authorizes a transfer from the General Fund to Fund #348, a portion of the anticipated budget surplus for the year 2013, in the amount $30,000. Adopted by the City Council this day of 2014. Attest: Tom Wilharber, Mayor Teresa Bender, City Clerk 33 EXHIBIT A . a a mowK PROPERTI 2014 Assessed 2012 Assessed Suggested Calculated Asking Proposed Asking ice Poke Pre PID Value Value Price PSF Price PSF Description Zoning Size (acres) Size (SF) Property Address 8-1 1.88 81,893 23- 31 -22 -14 -0004 $1,039,500.00 $1,009,400.00 $5.00 $809,464.00 $425,000.00 5.19 1 7087 20" Avenue Old Public Works 24-31-22-23-0017 $105,00000 7030 20'" Ave. (Commerce Dnve lots) . 5.00 217,800 24 31 -22 -23 -0018 ,.00 $ 75 Acres shovel -ready commercial B -1 $14030000 $157,000. $400 $871,200.00 2 $4.32 $1,372,140.00 $3,395,000.00 $4.39 7.30 317,988 Downtown Redevelopment Retail /Office 0.37 16,117 23- 31 -22 -21 -0051 $128,400. $ 00 $152,200.00 $7.00 $112,820.40 8120,000.00 $7.45 res 3 1737 Main Street - ldenttal/house Down 0.20 $10000 $5.00 $43,56000 8,712 23- 31 -22 -22 -0005 $100.00 4 1691 Main Street LOT Downtown Redevelopment Retail /Office 100 00 $100.00 $5 00 $26'136'00 0.12 5,227 23- 31 -22 -22 -0004 $ $75,000-00 $5.38 1695 Main Street LOT 0.32 13,939 0.34 14,810 23- 31 -22 -23 -0005 $75,000.00 $75,000.00 $5.00 $74,05200 5 Block 7 - Downtown Redevelopment MultrFamily 500 $37,026.00 0.17 7,405 23- 31 -22 -23 -0006 $50,000.00 $50,00000 0.17 7,405 23- 31 -22 -23 -0007 $50,00000 $50,000.00 $5.00 $37,026.00 0.23 10,019 23- 31 -22 -23 -0008 $181,500.00 $201,100-00 $6.00 $60,11280 0.10 4,356 23- 31 -22 -23 -0009 $35,000.00 $ 35,000.00 $5.00 $21,78000 7073 Centerville Road 0.17 7,405 23- 31 -22 -23 -0010 $100,000.00 $100,000.00 $6.00 $44,431.20 0.34 14,810 23- 31 -22 -23 -0011 $49,400.00 $94,700.00 $5.00 $74,052.00 0.17 7,405 23- 31 -22 -23 -0014 $73,500.00 $73,500.00 $5.24 $365.506.00 $395,000.00 $5.37 1.69 73,616 00 $64,468.80 $65,000.00 $4.03 6 7212 Mill Road residential lot d- Single Family Lot Residential 0.37 16,117 14 -31 -223 -0013 $50,00000 $50,000.00 $4• C0 $z,a7s,000.00 7% $173,250.00 Estimated Commission $65,000.00 Sold without Realtor on Contract 7 7261 Main Street (Peltier Lake Lot) SF Lot Fund #348 Bond Payment Bond Balance Other Revenue Jan 1, 2013 Balance $ 407,990.00 $ 2,120,000.00 2/1/2013 $ 175,000.00 $29,125.00 $ (231,500.00) $27,375.00 Sale of lot at Peltier Lake $ 10,000 Other Revenue $ 40,000.00 GF Savings -Fin Dir $ 30,000 $ 40,000 Assessments due 2013 $ 81,287.00 Balance at 12/31/2013 $ 297,777.00 $ 1,945,000.00 2/1/2014 $ 175,000.00 $27,375.00 $ (229,000.00) $ 26,625.00 Tax Levy ?? GF Savings Fin -Dir $ 30,000 Other Revenue $ 150,000.00 Sale Mill Road Lot $ 65,000 Assessments due 2014 $ 36,323.64 Sale of lot at Peltier Lake $ 55,000 $ 150,000 Balance at 12/31/2014 $ 255,100.64 $ 1,770,000.00 2/1/2015 Call Option $ 185,000.00 $26,625.00 $ (235,400.00) $23,775.00 Tax Levy ?? (2014 pay 2015) Other Revenue $ 120,000.00 Sale of 1737 Main $120,000 $ 120,000 Assessments due 2015 $ 36,323.64 Final Pmt Balance at 12/31/2015 $ 176,024.28 $ 1,585,000.00 2/1/2016 $ 190,000.00 $23,775.00 LO $ (234,700.00) $20,925.00 cr) Tax Levy ?? $ 175,000.00 Other Revenue Assessments due 2016 $ - Balance at 12/31/2016 $ 116,324.28 $ 1,395,000.00 2/1/2016 $ 200,000.00 $20,925.00 $ (238,850.00) $17,925.00 Tax Levy ?? Assessments due 2017 $ - Balance at 12/31/2017 $ (122,525.72) $ 1,195,000.00