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2010-01-13 Agenda
CITY OF CENTERVILLE C r a terrri�Ce COUNCIL MEETING AGENDA Wednesday, January 13, 2010 6:30 p.m. or shortly thereafter OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on the current agenda. Items requiring Council action may be deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign -up sheet and give it to the Mayor or a Staff person by 6:15 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING(S) III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. December 29, 2009 City Council Meeting Minutes (Pages 1 -11) V. CONSENT AGENDA 1. City of Centerville December 30, 2009 through January 13, 2010 Claims (Check # 25075 - 25099) (Page 13 -14) 2. Centennial Fire District Claims through January 4, 2010 (Check #4117- 4128) (Page 15 -16) 3. Centennial Lakes Police Department Claims through December 28, 2009 (Check #7601- 7579) (Page 17 -18) 4. Successful Performance Review & Completion of Probationary Period Mr. Mike Jeziorski, Finance Director — from Step 2 to Step 3 VI. AWARDS/PRESENTATIONS /APPEARANCES VII. OLD BUSINESS VIII. NEW BUSINESS 1. Anoka County Residential Recycling Program Participation Agreement (Pages 19 -34) 2. Bonestroo Rate Structure for 2010 (Pages 35 -38) IX. ANNOUNCEMENTS/UPDATES 1. City Finance Director, Mike Jeziorski X. ADJOURNMENT "REMINDERS" City Hall Will Be Closed on January 18, 2010, All Day Parks & Recreation Committee Meeting — February 3, 2010, 6:30 p.m. Council Chambers Planning & Zoning Commission Meeting — February 9, 2010, 6:30 p.m. Council Chambers City Council Meeting — January 27, 2010, 6:30 p,m. Council Chambers City Council & Work Session — February 10, 2010, 6:30 p.m. Council Chambers Utility Billing will be going out on January 15, 2010 for the months of October, November & December, 2009. They will be due on February 15, 2010. CITY OF CENTERVILLE CITY COUNCIL MEETING December 29, 2009 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on December 29, 2009, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Linda Broussard Vickers Council Member Ben Fehrenbacher Council Member Jeff Paar Council Member D. Love ABSENT: None STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Capra called the December 9, 2009, City Council meeting to order at 6:30 p.m. II. PUBLIC HEARING(S) Sahawk of Minnesota. Inc./DBA Kellv's — Liauor Compliance Check Violation City Administrator Larson presented background information regarding the violation. The Chief of Centennial Lakes Police Department reviewed the process of a compliance check. City Administrator Larson reviewed the process of proceedings, recommending that the City Council impose a penalty of $750 plus a two -day suspension; however, that the suspension be stayed upon receipt of the monetary penalty in the form of cash, a cashier's check, or certified check and subject to the requirement that there be no further violations during the remaining license term. If no further violations occur, the suspension would be cancelled. Mayor Capra opened the Public Hearing at 6:31p.m. William Bisek, 7098 Centerville Road, appeared before the City Council stating he currently works as a manager for Mr. Sager. He stated that the liquor license would be in his name January 1, 2010 and when he becomes the license holder he would be active in City of Centerville Council Meeting Minutes December 29, 2009 the "Best Practices" program. He expressed that he was very involved putting the "Best Practices" program together and feels it is very important to work with the Council and the Police. He stated that it was a better program when all parties were involved. He added that he appreciates the recommendation by Staff, stating closing the business hurts the employees and he would personally follow -up with Mr. Sager to make sure that the fine is delivered to City Hall. There being no further speakers Mayor Capra closed the public hearing at 6:45 p.m. Motion by Council Member Broussard Vickers. seconded by Council Member Love to aoorove closin¢ the Dublic hearine at 6:45D.m. All in favor. Motion carried unanimously. III. APPROVAL OF AGENDA Mayor Capra made the following additions to the Agenda: Consent Agenda, Item 1, added Page 8a, (Check #25069 — 25074). Awards /Presentations /Appearances, Item 1, added Sergeant Aldridge Updates. New Business, Item 4, Anoka County Request for Res. #09- 043 or Letter of Support for High Speed Broadband Connectivity. New Business, Item 5, Consider Findings and Decision Regarding Liquor License Violation Sahawk of Minnesota, Inc./DBA Kelly's. Motion by Council Member Paar. seconded by Council Member Love to aoorove the aeenda as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF COUNCIL MINUTES 1. December 9.2009 Council Meetine Minutes Motion by Council Member Broussard Vickers, seconded by Council Member Love to aoorove the December 9, 2009 Council Meetine Minutes as Dresented. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1. City of Centerville December 10, 2009 through December 29, 2009 Claims (Check #25026 — 25068) & (Check #25069 — 25074) 2. Centennial Fire District Claims through December 22, 2009 (Check #4045 — 4116) 3. Centennial Lakes Police Department Claims through December 22, 2009 (Check #7555 — 7579) Page 2 of 6 City of Centerville Council Meeting Minutes December 29, 2009 4. Successful Performance Review Ms. Kim Stephan, Secretary/Receptionist — from Step 7, Grade 4 to Step 8, Grade 4 5. Successful Performance Review Ms. Teresa Bender, City Clerk Motion by Council Member Paar, seconded by Council Member Fehrenbacher to aDDrove the Consent Agenda as amended. All in favor. Motion carried unanimously. VI. AWARDS /PRESENTATIONS /APPEARANCES Sergeant Aldridge Updates Sergeant Aldridge appeared to give updates to the City Council. Mayor Capra thanked Sergeant Aldridge for the Police Department update. 2. Mr. Greg Kieselhorst — Centerville Lions (Annual Ice Fishing Contest) Mr. Greg Kieselhorst appeared before the City Council stating the 28 Annual Ice Fishing Contest would be held February 20, 2010. He stated the Lions have applied for all of the permits including, temporary liquor license, temporary gambling license, food permit, and insurance. He noted they would have airplane rides for kids this year, limited to 50 children and weather permitting, and the Police Department is hoping to use Reserves on the lake for crowd control. Mayor Capra asked if there are regulations pertaining to flight patterns or how far people need to be away from the runway. A Young Eagles Coordinator explained that ski planes flying on and off the lakes are not regulated; however, measures would be taken to ensure safety, such as creating a safety zone around the runway as well as containing the plane rides at the opposite end of the lake to where the fishing contest is being held. VII. OLD BUSINESS Backun Power for Well #1 a. Lino Lakes Interconnect Agreement City Administrator Larson reviewed background information on the Lino Lakes Interconnect Agreement stating the previous agreement was outdated; therefore, a new agreement has been drafted. He also reviewed the costs for installing a manual transfer switch to the City Well #1. The City Council briefly discussed the Lino Lakes Interconnect Agreement and the costs of Options 1 and 2. The City Council consensus was in favor of Option 2, for Well #1. Motion by Council Member Fehrenbacher. seconded by Council Member Broussard Vickers to aDnrove ODtion 2. Well #1. cost not to exceed $4.778.00. All in favor. Motion carried unanimously. Page 3 of 6 City of Centerville Council Meeting Minutes December 29, 2009 Motion by Council Member Love. seconded by Paar to annrove the Interconnect Agreement Contract For Joint Usaee of Water Facilities by and between the Citv of Lino Lakes and the Citv of Centerville. Anoka Countv. Minnesota. All in favor. Motion carried unanimously. VIII. NEW BUSINESS Centerville Lions a. Snecial Event Permit (Fishine Contest/Youne Eaeles Aimlane Rides). b. Temnorarv/Event Liauor License c. Temnorarv/Event Charitable Gambline Permit (Raffle) Motion by Council Member Paar. seconded by Council Member Broussard Vickers to aoorove Centerville Lions events a. b. and c . subiect to all Citv /Staff reauirements. All in favor. Motion carried unanimously. 2. Resolution 409 -041 — 2010 Annointments Mr. Lois Melamed, The Citizen, appeared before the City Council thanking them for the opportunity to publish the City's legal notices. He stated that he hopes the City would consider The Citizen again for 2010. The City Council thanked Mr. Melamed_ The City Council discussed the appointments with a consensus on the following: Acting Mayor — Council Member Paar. Centerville Centennial Fire District Steering Committee Members — Council Members Paar and Broussard Vickers and Alternate Mayor Capra. Check Signing Authority — Mayor Mary Capra, Acting Mayor — Council Members Paar and Fehrenbacher and City Administrator Larson. North Metro Telecommunications Commission Representative — Council Member Febrenbacher and Alternate Council Member Love. Police Commission — Mayor Capra, Council Member Broussard Vickers and Alternate Council Member Fehrenbacher. Rush Line Corridor — Mayor Mary Capra. Page 4 of 6 City of Centerville Council Meeting Minutes December 29, 2009 I 35W/B Coalition — City Administrator Dallas Larson (Northeast Corridor) & Council Weed Inspector — Mayor Mary Capra. Parks & Recreation Council Member Liaison — Mayor Capra. Planning & Zoning Council Member Liaison — Council Member Love. City Council also agreed that The Citizen would continue as the official paper for the City in 2010. Motion by Council Member Broussard Vickers. seconded by Council Member Love to adopt Resolution #09 -0041- ADDOintments for 2010. All in favor. Motion carried unanimously. 3. Resolution #09 -042 — Snonsorshin of CDBG Anolication City Administrator Larson reviewed background information. Motion by Council Member Broussard Vickers. seconded by Council Member Fehrenbacher to adopt Resolution #09 -042 — SnonsorshiD of CDBG AnDGcation. All in favor. Motion carried unanimously. 4. Anoka Countv Reauest for Resolution #09- 043 or Letter of SUDnort for High Sneed Broadband Connectivitv City Administrator Larson reviewed background information. Motion by Council Member Love. seconded by Council Member Paar to adopt Resolution #09 -043 — Su000rt for Hieh Sneed Broadband Connectivity. All in favor. Motion carried unanimously. 5. Consider Findings and Decision Regarding Liauor License Violation Sahawk of Minnesota. Inc./DBA Kellv's City Administrator Larson reviewed background information. Motion by Council Member Broussard Vickers . seconded by Council Member Paar to authorize recommendation Der staff for a fine of $750 olus a two -dav susDension: suspension to be staved unon receipt of the monetary penalty and subiect to the reauirement that there be no further violations durine the remaining license term. If no further violations occur. the susDension would be cancelled. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTSIUPDATES I. Citv Administrator. Dallas Larson Page 5 of 6 City of Centerville Council Meeting Minutes December 29, 2009 a. Dangerous & Potentially Dangerous Animals City Administrator Larson reviewed the draft on dangerous and potentially dangerous animals stating Staff is currently working with the cities of Circle Pines and Lexington to change the ordinance to be adopted in January 2010. Council Member Broussard Vickers stated she would not be in favor of adopting an ordinance with the other cities if they were not interested in adopting as strong of an ordinance that the City of Centerville has created. City Administrator Larson replied Staff would determine that the other cities are moving forward prior to bringing this back to City Council. b. Citv Council February Work Session City Administrator Larson suggested that the City Council schedule a work session for February 2010. The City Council discussed with the consensus being, Staff will schedule a work session to follow the first regular City Council Meeting in February 2010. X. ADJOURNMENT Motion by Paar, seconded by Broussard Vickers to adiourn the December 29. 2009 Citv Council Meeting at 7:51 o.m. All in favor. Motion carried unanimously. Mayor Capra adjourned the December 29, 2009, City Council Meeting at 7:51p.m. Transcribed by: Rochelle Russo, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 6 of 6 CITY OF CENTERVILLE 01/08/1011:02 AM Page 1 a t n tervilfe *Check Summary Register© NOTE: There will be updated list of disbursements for approval on 1 -13 -2010. JANUARY 2010 Name Check Date Check Amt 10100 MAIN STREET BANK Paid Chk# 008940 DIXON, JACOB M 1/7/2010 $150.37 PAY PERIOD 1 Paid Chk# 008941 PETERSON, ERIC R. 1/712010 $83.11 PAY PERIOD 1 Paid Chk# 008942 BROUSSARD, LINDA 1/7/2010 $0.00 PAY PEIROD 1 Paid Chk# 025075 MINNESOTA POLLUTION 116/2010 $30000 T. PETERSON COLLECTION SYSTEM Paid Chk# 025076 ANOKA COUNTY PROPERTY 1/13/2010 $ 184.00 #2011952.004 7046 CENTERVILLE Paid Chk# 025077 BURMEISTER, GREG 1/1312010 $24.26 MILEAGE REIMBURSEMENT FROM 12- Paid Chk# 025078 CENTENNIAL FIRE DISTRICT 1/13/2010 $28,188.50 QUARTERLY PYMT Paid Chk# 025079 CENTENNIAL LAKES POLICE 111312010 $57,456.39 POLICE SERVICES - JANUARY Paid Chk# 025080 CENTENNIAL SCHOOL 1/13/2010 $1,610.00 EASEMENT ID# 23 3122 21 0023 Paid Chk# 025081 CENTERPOINT ENERGY 1/13/2010 $1,915.85 1880 MAIN ST - SERV THRU 12 -18 Paid Chk# 025082 CITY OF CIRCLE PINES 1/13/2010 $6,150.89 FEB. 2010 POLICE BLDG PYMT Paid Chk# 025063 CONNEXUS ENERGY 1/13/2010 $835.58 2085 W CEDAR ST - SERV THRU 12 Paid Chk# 025064 D. K. DOKENDORF, INC. 1/13/2010 $4,500.00 6775 BEAVER POND WY -09 -160 ES Paid Chk# 025085 DVS RENEWAL 1113/2010 $101.50 07 STRG - 2FZAAWDC27AY48794 Paid Chk# 025086 EROSION AND STORMWATER 1/13/2010 $115.00 RECERTICIATION - MNDOT ARDEN Paid Chk# 025087 GOPHER STATE ONE CALL INC 1113/2010 $10.15 2009 DECEMBER SERVICES Paid Chk# 025088 INSTRUMENTAL RESEARCH 1/1312010 $38.00 DEC. 2009 WATER TEST Paid Chk# 025089 INTERNATIONAL UNION OF 1/1312010 $93.00 JAN.2010 - A. ANDERSON, T. PET Paid Chk# 025090 ISS 1/13/2010 $111.04 SYSTEM MONITORING Paid Chk# 025091 LARSON, DALLAS 1/13/2010 $16016 MILEAGE REIMBURSMENT - 9 -2 -09 Paid (,hk# 025092 MEATH, JOSEPH 1/13/2010 $20.00 REFUND OVER PYMT ON ANIMAL LIC Paid Chk# 025093 MEDIATION SERVICES 1113/2010 $420.00 2010 MEDIATION C VICES Paid Chk# 025094 MMUA 1/13/2010 $252.00 2010 WATER UTILITY MEMBER DUES Paid Chk# 025095 M -R SIGN COMPANY, INC. 1/13/2010 $56.12 DEAD END SIGNS Paid Chk# 025096 SAM'S CLUB 1/1312010 $353.50 SUPPLIES Paid Chk# 025097 SCHWAAB INC 1/13/2010 $69.08 PAID STAMP Paid Chk# 025098 TIME SAVER 1/13/2010 $188.75 2009 -12 -09 CITY COUNCIL MEETIN Paid Chk# 025099 US BANK CORPORATE TRUST 1113/2010 $165,437.50 #801112000 - OBLG. IMPR. BOND, Paid Chk# BI- WEEKLY ACH 1/7/2010 $19,269.46 PAY PERIOD 1 Total Checks $288,094.21 NOTE: There will be updated list of disbursements for approval on 1 -13 -2010. CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 1/1/2010 - 1/412010 Jan 04, 2010 12:41 PM Report Criteria: Report type: Summary GL Check Check Vendor Period Issue Date Number Number 01/10 01/04/2010 4117 50045 01/10 01/04/2010 4118 50050 01/10 0110412010 4119 50120 01/10 01104/2010 4120 60025 01/10 01/04/2010 4121 60650 01/10 01/04/2010 4122 90200 01/10 01/04/2010 4123 130440 01/10 01/04/2010 4124 130855 01/10 01/0412010 4125 160550 01/10 01/04/2010 4126 180600 01/10 01/04/2010 4127 190350 01/10 01/0412010 4128 190500 Grand Totals: Payee CYNDIECKART DARREN ECKART EMERGENCY APPARATUS MAI F.I.R.E., INC FRATTALLONE'S HARDWARE S INTEREUM METRO FIRE, INC MN STATE FIRE DEPT ASSOC PUBLIC SAFETY CENTER, INC CITY OF ROSEVILLE SENTRY SYSTEMS, INC SIGNS NOW Description SUPPLIES FOR DEPT PICNIC FRAMES /SHADOW BOX TANKER 21 FIREFIGHTER li CLASS SUPPLIES OFFICE FURNITURE 50% HELMETS MEMBERSHIP DUES 2010 FIRE EQUIPMENT -PIKE POLES COMPUTER REPL TRN ROOM 1ST QTR MONITORING STATIO BLDG SIGNS Check Amount 63.06 78.78 556.29 1,750.00 137.62 10,438.94 1,045.62 432.00 1,092.05 597.75 82.56 1,023.43 17,298.10 M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPT Check Register - POLICE GL Check Issue Dates: 12/11/2009 - 12/28/2009 Page: 1 Dec 28, 2009 03:17PM Report Criteria. Report type: Summary GL Check Check Number Description Check Period Issue Date Payee Amount 12/09 12/22/2009 7580 ABC SIGN & GRAPHICS, I POP PROJECT STICKERS FOR 69.09 M 1209 12/28!2009 7581 ADVANCED TACTICAL S TRAINING AMMO 360.00 12/09 12/28/2009 7582 AMERICAN GOODYEAR- TIRES 878.96 12/09 12/2812009 7583 ANOKA COUNTY DEC INTERNET ACCESS 559.13 12/09 12128/2009 7584 JAMES E ARNTZEN BLDG REPAIRS/CLEANUP 220.00 12/09 12128/2009 7585 CENTENNIAL UTILITIES NOV UTILITIES 470.44 12/O9 12/18/2009 7586 CONNEXUS ENERGY NOV ELECTRIC 1,512.38 12109 12/28/2009 7587 DON'S CIRCLE SERVICE, VEH REPAIRS & MTC 1,449.08 12/09 12/28/2009 7588 ENVENTIS PHONES 349.27 1009 12128/2009 7589 HOLIDAY FLEET FUEL 3,353 12/09 12/28/2009 7590 INTOXIMETERS MOUTHPIECES 101.53 12109 12/28/2009 7591 CINDY LEWIS CHRISTMAS CARDS 7.49 12/09 12128/2009 7592 METRO SALES, INC TONER 5828 12109 12/28/2009 7593 NEXTEL COMMUNICATIO CELL PHONES 368.73 12109 12/28/2009 7594 PETTY CASH / BRITNI AU LIGHT BULB REIMB 64.46 12/09 12/28/2009 7595 PITNEY BOWES, INC POSTAGE METER RENTAL 73.77 12/09 12/28/2009 7596 PURCHASE POWER POSTAGE 24.76 12/09 12/28/2009 7597 QUILL CORPORATION COPY PAPER 119.75 12/09 12/28/2009 7598 STAPLES BUSINESS ADV INK CARTRIDGES/TONER/MISC 268.24 12/09 1028/2009 7599 STREICHER'S, INC AMMO 1,195.67 12/09 12/28/2009 7600 TELECIDE PRODUCTION COMPUTER MTC 255.00 12/09 12/28/2009 7601 WALLEN - FRIEDMAN & FL LEGAL FEES 1,890.00 Grand Totals 13,649.37 M = Manual Check, V = Void Check 7 COUNTY O F A N O K A Integrated Waste Management Department Government Center 2100 Third Avenue, Room 340 • Anoka, Minnesota 55303 -2265 763- 323 -5730 • Fax 763 - 323 -5731 E -mail • recycle @co.anoka.mn.us www.co.anoka.mn.us December24, 2009 Teresa Bender Deputy Clerk 1880 Main St Centerville MN 55038 Dear Teresa, p"I'll DEC 2 8 2009 The Anoka County Board of Commissioners approved 2010 Municipal Goals, SCORE Municipal Reimbursement Funding Allocations on December 15, 2009. In addition staff was authorized to prepare Residential Recycling Program Agreements. The Anoka County Agreements are based on the following: • 2010 Municipal Residential Recycling Goal — The abatement goal will remain constant at 175 pounds per person per year. The goals were based on the 2008 Metropolitan Council population estimates that were released in July 2009, Specific goals are listed on the attached chart on the reverse side of this memo. • 2010 SCORE Municipal Reimbursement Funding Allocation — Anoka County has received the fall SCORE payment of $411,512 and is expecting to receive a spring SCORE payment of $411,511. The proposed 2010 municipal funding includes the additional payment expected to be received in the spring of 2010. The 2010 SCORE allocation is a base of $10,000 and $5.08 per household and is indicated in the attached chart. If the second payment is not received the funding allocation will be reduced. • 2010 Contracts —The 2010 residential recycling program contracts are included in this mailing. Please note the language in Section 7 regarding the SCORE funding. Section 7. Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event insufficient SCORE funds are available. !f the spring SCORE payment of $411,511 is not received or is reduced, the County may reduce the project maximum amount payable to the Municipality. The County will promptly notify the Municipality in the event that the project maximum will be reduced. Please have the mayor /town board chair and clerk/administrator sign all three copies of the agreement and return to Anoka County to complete the signature process. When the agreements are completely signed, an original copy will be mailed back to you and Anoka County retains two copies for its files. Thank you! Sin erely, v_r/ _ " _ Carolyn Smith Solid Waste Abatement Specialist Affirmative Action / Equal Opportunity Employer Printed on 50% recycled paper of which 30% is post- consumer 2010 SCORE Funding and Goals $10,000 Base per municipality and $5.08 per household Goal based on 175# per person per year 2010 funding is based on receiving an additional spring payment of $411,511. If this spring payment is not received, the 2010 funding total will be one half the total for each municipality.,.19 Municipality Contract # I HH Population Goal -2009- Funding Andover 2009 -0399 9,705 31,023 2715 $ 59,301.40 Anoka 2009 -0400 7,281 17,849 1562 $ 46,987.48 Bethel 2009 -0401 189 533 47 $ 10,960.12 Blaine 2009 -0402 20,234 56,888 4978 $ 112,788.72 Centerville 2009 -0403 1,307 3,821 334 $ 16,639.56 Circle Pines 2009 -0404 2,067 5.211 456 $ 20,500.36 Columbia Heights 2009 -0405 8,124 18,137 1587 $ 51,269.92 Columbus 2009 -0406 1,425 4,115 360 $ 17,239.00 Coon Rapids 2009 -0407 23,746 63,005 5513 $ 130,629.68 East Bethel 2009 -0408 4,079 12,130 1061 $ 30,721.32 Fridley 2009 -0409 11,238 26,422 2312 $ 67,089.04 Ham Lake 2009 -04]0 5,102 15,148 1325 $ 35,918.16 Hilltop 2009 -0411 399 791 69 $ 12,026.92 Lexington 2009 -0412 819 1,976 173 $ 14,160.52 Lino Lakes 2009 -0413 6,052 19,987 1749 $ 40,744.16 Linwood 2009 -0414 1,851 5,416 474 $ 19,403.08 Nowthen I 2009 -0415 1,416 4,384 384 $ 17,193.28 Oak Grove 2009 -0416 2,771 8,504 744 $ 24,076.68 Ramsey 2009 -0417 7,849 23,445 2051 $ 49,872.92 St Francis 2009 -0418 2,539 7,404 648 $ 22,898.12 Spring Lake Park 2009 -0419 2,698 6,562 574 $ 23,705.84 Total I 120,891 332,751 29,116 1 $ 824,126.28 Population and Household coma based on Metropolitan Council Estimate released in July of 2009. Total SCORE allocation is $823,023, $1103.28 has been added to round uo to $5.08 per HH. Anoka County Contract # 2009 -0403 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 1st day of January, 2010, 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 $411,512 in funding from the Solid Waste Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds ") prior to the effective date of this Agreement; and WHEREAS, Anoka County anticipates receiving an additional $411,511 in SCORE funds in the spring of 2010; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. 2. TERM. The term of this Agreement is from January 1, 2010 through December 31, 2010, 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. 1 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. 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 334 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including multi -unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper, glass, plastic, metal and textiles. ii. The recycling program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling program; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community presentations are to be given on recycling. The public information components listed above must promote the focused recyclable material of the year as specified by the County. The County will provide the Municipality with background material on the focused recyclable material of the year. iv. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. b. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipality shall prepare and submit to the County by March 31, 2010, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. 5. REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20, 2010 and January 20, 2011: 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 2 provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. 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, 2010 and January 20, 2011. Costs not billed by January 20, 2011 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 $16,639.56. 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. $5.08 per household for recycling activities only. Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event insufficient SCORE funds are available. If the spring SCORE payment of $411,511 is not received or is reduced, the County may reduce the project maximum amount payable to the Municipality. The County will promptly notify the Municipality in the event that the project maximum will be reduced. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this 3 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 & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. ll 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 5 of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: CITY OF CENTERVILLE By: Name: Title: Date: By: Municipality's Clerk COUNTY OF ANOKA By: Dennis D. Berg, Chair Anoka County Board of Commissioners Date: ATTEST: Terry L. Johnson County Administrator Date: Date: Approved as to form and legality: Approved as to form and legality: Assistant County Attorney :9 2335 Highway 36 W St Paul, AN 55113 Tel 651- 636 -9600 Fax 651- 636 -1311 January 5, 2009 Dallas Larson Administrator City of Centerville 1880 Main Street Centerville, MN 55038 -9794 RE: 2010 Rate Schedule Dear Dallas: www.bonestrm.com * Bonestroo First and fore most we would like to take this time to say thank you for allowing us to provide you with our professional services over the past year. Your continued commitment to utilize our services to help your community reach your desired goals and visions is greatly appreciated. With the increasing challenges being brought on to our municipal clients by the existing economic conditions together with the severe drop in local government aid we are proposing to have a zero per4ent increase in our rate schedule for 2010. As you recall, last year's economic conditions were similar and we took the same approach, holding our rates with no increase. With resources being tight for everyone, we will continue to work to provide the best value solutions for each of our clients' particular situation while keeping our technical capabilities innovative and efficient. Enclosed please find our 2010 fee schedule. Our 2010 fee schedule will use our 2009 rates. We hope that this will help in setting your budgets for the upcoming year. We highly value our relationship with you. We will continue to focus our efforts on providing the City with high quality service. Please do not hesitate to contact us with any questions. We look forward to continuing our services to you in 2010. Sincerely, BONESTROO Y "1 UV� Lee M. Mann, PE Principal 651- 604 -4850 Encl. 2010 RATE SCHEDULE Classification 2010 Senior Principal $ 122.00 - $ 155.00 Principal $ 116.00 - $ 145.00 Specialist* $ 107.00 - $ 22200 Project Manager $ 112.00 - $ 140.00 Senior Geologist $ 125.00 $ 149.00 Senior Engineer) Scientist I Architects Landscape Architect I Planner $ 107.00 - $ 140.00 Architect I Landscape Architect $ 97.00 - $ 116.00 Land Surveyor $ 85.00 - $ 144.00 Engineer Planner I Scientist � Geologist $ 81.00 - $ 116.00 Designer GIS I Landscape Designer IGr $ 81.00 - $ 101.00 Engineering Technician I Senior Project Technician $ 63.00 - $ 96.00 Project Technician $ 43.00 - $ 65.00 Field Supervisor $ 86.00 - $ 132.00 Crew Chief $ 6600 - $ 104.00 Inspector $ 65.00 - $ 90.00 Survey Technician $ 45.00 - $ 65.00 GPS Survey Equipment $ 38.00 Total Station Equipment $ 28.00 GIS Workstation Equipment $ 22.00 GPS Suhmeter Unit (per use) $ 80.00 Flow Meter (per week) $ 200.00 Air Detection Equipment (per half day) $ 25.00 * Specialist: Experts in highly technical disciplines including Principal Planners and Market Analysts. These rates are adjusted annually in accordance with the normal review procedures of Bonestroo.