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HomeMy WebLinkAbout2010-06-23 CC PacketCenIC CITY OF CENTERVILLE AGENDA Wednesday, June 23, 2010 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 H. PUBLIC HEARING(S) 1. Storm Water Pollution Prevention Program (Pages 1 -6) III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. May 26, 2010 City Council Meeting Minutes (Pages 7 -11) 2. May 26, 2010 City Council Work Session Meeting Minutes (Page 12) V. CONSENT AGENDA 1. City of Centerville June 10, 2010 through June 23, 2010 Claims (Check #25499- 25514) (Page 13) 2. Centennial Lakes Police Department Claims through June 10, 2010 (Check #7859 -7887) (Page 14) 3. Request for Encroachment Agreement to Install a Shed — Mr. & Mrs. Matthew & Jennifer Haus (6817 Grouse Hollow) (Page 15) 4. Excel Energy Agreement to Relocate Pedestals — (7130 & 7154 Mill Road) — Regional Trail Project - $4,187.63 (Pages 16 -17) VI. AWARDS /PRESENTATIONS /APPEARANCES 1. Mr. Robert Shellum, Interim Director/Police & Emergency Services VII. OLD BUSINESS VIII. NEW BUSINESS 1. Wellhead Protection Joint Powers Agreement (Pages 18 -39) 2. Res. #10 -OXX — Authorizing Transferring Funds From Stormwater Utility (Fund #415) to 2009B G.O. Imp. Refunding Bond (Fund #348) (Page 40) 3. Anoka County Joint Powers Agreement for Reconstruction of CSAH14 From 1,600' West of I -35E to 1,500' East of I -35E (County Project #S.P. 02- 614-28 (Pages 41 -46) 4. Approval of the Storm Water Report IX. ANNOUNCEMENTS/UPDATES 1. City Administrator Dallas Larson 2. Mayor Capra X. ADJOURNMENT COUNCIL WORK SESSION - FETE DES LACS I. DISCUSSION 1. Logistics Update a. Parade b. Canoe/Kayak Races C. Fireworks d. 8K Run/Walk e. Music In The Park f. Ice Cream Social Park Play Days Bald Eagle Water Ski Shows Absentee In- Person Voting ' Independence Day City Hall Closed Parks & Recreation Committee Meeting Planning & Zoning Commission Meeting Music In The Park City Council Meeting City Council Meeting Fete des Lacs Softball Tournament & Street Dance Annual Parade Filing for Municipal Office Last Day to File Affidavits of Withdrawal for Municipal Office Public Accuracy Testing of Voting Equipment Fireworks Festival of Lakes 2 "d Annual 8K Walk/Run Primary Election Safety Camp J atEO S)q� Minnesota Pollution Control Agency i0 Minnesota Pollution �y�ry PRO' NPDES /SDS Small MS4 Report Form Control Agency L The purpose of this report is to contribute information to an evaluation of the NPDES small municipal separate storm sewer system (MS4) permit program. Consistent with 40 CFR §122.37 the U.S. Environmental Protection Agency is assessing the status of the program nation -wide. A "no" answer to a question does not necessarily mean noncompliance with your permit or with the federal regulations. In order to establish the range of variability in the program it is necessary to ask questions along a fairly broad performance continuum. Your permitting authority may use some of this information as one component of a compliance evaluation. 1. MS4 Information City of Centerville Name of MS4 Dallas Larson Administrator Name of Contact Person (First) (Last) (Title) (651) 429 -3232 dlarson @centervillemn.com Telephone (including area code) Email 1880 Main Street ® No Mailing Address ❑ No Centerville MN 55038 City State ZIP code What size population does your MS4 serve? 3900 What is the reporting period for this report? (mm /dd/yyyy) From 01/01/2009 t 01/01/2010 2. Water Quality Priorities A. Does your MS4 discharge to waters listed as impaired on a state 303(d) list? ® Yes ❑ No B. If yes, identify each impaired water, the impairment, whether a TMDL has been approved by EPA for each, and whether the TMDL assigns a wasteload allocation to your MS4. Use a new line for each impairment, and attach additional pages as necessary. Impaired Water Impairment Approved TMDL TMDL assigns WLA to MS4 Clearwater Creek Aquatic macroinvertebrate & ❑ Yes ® No ❑ Yes ❑ No MN07010206519 fish bioassessments ❑ Yes ❑ No ❑ Yes ❑ No Centerville Lake Nutrient/Eutrophication ❑ Yes ® No ❑ Yes ❑ No MNO2- 0006 -00 biological indicators ❑ Yes ❑ No ❑ Yes ❑ No George Watch Lake ❑ Yes ® No ❑ Yes ❑ No MNO2- 0005 -00 ❑ Yes ❑ No ❑ Yes ❑ No Peltier Lake ❑ Yes ® No ❑ Yes ❑ No MNO2- 0004 -00 ❑ Yes ❑ No ❑ Yes ❑ No C. What specific sources contributing to the impairment(s) are you targeting in your stormwater program? construction sites D. Do you discharge to any high - quality waters (e.g., Tier 2, Tier 3, outstanding natural resource 0 yes ® No waters, or other state or federal designation)? E. Are you implementing additional specific provisions to ensure their continued integrity? ❑ Yes W3 No Small MS4 Annual Report Form (cont) 3. Public Education and Public Participation A. Is your public education program targeting specific pollutants and sources of those pollutants? ❑ Yes ® No B. If yes, what are the specific sources and/or pollutants addressed by your public education program? C. Note specific successful outcome(s) (e.g., quantified reduction in fertilizer use; NOT tasks, events, publications) fully or partially attributable to your public education program during this reporting period. D. Do you have an advisory committee or other body comprised of the public and other stakeholders that provides regular input on your stormwater program? F Yes ®No 4. Construction A. Do you have an ordinance or other regulatory mechanism stipulating: Erosion and sediment control requirements? ® Yes ❑ No Other construction waste control requirements? ® Yes ❑ No Requirement to submit construction plans for review? ® Yes ❑ No MS4 enforcement authority? ® Yes ❑ No B. Do you have written procedures for: No Authority ❑ Yes Stop Work Orders Reviewing construction plans? ® Yes ❑ No Performing inspections? ® Yes ❑ No Responding to violations? ® Yes ❑ No C. Identify the number of active construction sites > 1 acre in operation in your jurisdiction at any time during the reporting period. 1 # D. How many of the sites identified in 4.0 did you inspect during this reporting period? 1 E. Describe, on average, the frequency with which your program conducts construction site inspections. weekly F. Do you prioritize certain construction sites for more frequent inspections? ❑ Yes ® No If Yes, based on what criteria? G. Identify which of the following types of enforcement actions you used during the reporting period for construction activities, indicate the number of actions, or note those for which you do not have authority: ❑ Yes Notice of violation # 0 No Authority ❑ ❑ Yes Administrative fines # 0 No Authority ❑ Yes Stop Work Orders # 0 No Authority ❑ ❑ Yes Civil penalties # 0 No Authority ❑ ❑ Yes Criminal actions # 0 No Authority ❑ ❑ Yes Administrative orders 4 No Authority ❑ ❑ Yes Other # H. Do you use an electronic tool (e.g., GIS, data base, spreadsheet) to track the locations, ❑ Yes ® No inspection results, and enforcement actions of active construction sites in your jurisdiction? I. What are the 3 most common types of violations documented during this reporting period? n/a FA J. How often do municipal employees receive training on the construction program? in progress Small MS4 Annual Report Form (cont) 5. Illicit Discharge Elimination A. Have you completed a map of all outfalls and receiving waters of your storm sewer system? ® Yes ❑ No B. Have you completed a map of all storm drain pipes and other conveyances in the storm sewer system? W1 Yes El No C. Identify the number of outfalls in your storm sewer system. 33 D. Do you have documented procedures, including frequency, for screening outfalls? ❑ Yes ® No E. Of the outfalls identified in 5.C, how many were screened for dry weather discharges during this reporting period? 33 F. Of the outfalls identified in 5.C, how many have been screened for dry weather discharges at any time since you obtained MS4 permit coverage? 33 G. What is your frequency for screening outfalls for illicit discharges? Describe any variation based on size /type. from routine observation or compliant H. Do you have an ordinance or other regulatory mechanism that effectively prohibits illicit ® Yes ❑ No discharges? I. Do you have an ordinance or other regulatory mechanism that provides authority for you to ® Yes ❑ No take enforcement action and/or recover costs for addressing illicit discharges? J. During this reporting period, how many illicit discharges /illegal connections have you discovered? 0 K. Of those illicit discharges /illegal connections that have been discovered or reported, how many have been eliminated? L. How often do municipal employees receive training on the illicit discharge program? in progress 6. Stormwater Management for Municipal Operations A. Have stormwater pollution prevention plans (or an equivalent plan) been developed for: All public parks, ball fields, other recreational facilities and other open spaces ❑ Yes ® No All municipal construction activities, including those disturbing less than 1 acre ® Yes ❑ No All municipal turf grass /landscape management activities ❑ Yes ® No All municipal vehicle fueling, operation and maintenance activities ❑ Yes ® No All municipal maintenance yards ❑ Yes ® No All municipal waste handling and disposal areas ❑ Yes ® No Other B. Are stormwater inspections conducted at these facilities? ® Yes ❑ No C. If Yes, at what frequency are inspections conducted? routine observations D. List activities for which operating procedures or management practices specific to stormwater management have been developed (e.g., road repairs, catch basin cleaning). E. Do you prioritize certain municipal activities and/or facilities for more frequent inspection? ❑ Yes ® No F. If Yes, which activities and/or facilities receive most frequent inspections? G. Do all municipal employees and contractors overseeing planning and implementation of ® Yes ❑ No stormwater- related activities receive comprehensive training on stormwater management? H. If yes, do you also provide regular updates and refreshers? ® Yes ❑ No I. If so, how frequently and/or under what circumstances? annually 3 Small MS4 Annual Report Form (cont) 7. Long -term (Post- Construction) Stormwater Measures A. Do you have an ordinance or other regulatory mechanism to require: Site plan reviews for stormwater /water quality of all new and re- development projects? ® Yes ❑ No Long -term operation and maintenance of stormwater management controls? ® Yes ❑ No Retrofitting to incorporate long -term stormwater management controls? ❑ Yes ® No B. If you have retrofit requirements, what are the circumstances /criteria? C. What are your criteria for determining which new /re- development stormwater plans you will review (e.g., all projects, projects disturbing greater than one acre, etc.) all D. Do you require water quality or quantity design standards or performance standards, either directly or by reference to a state or other standard, be met for new development and ® Yes ❑ No re- development? E. Do these performance or design standards require that pre - development hydrology be met for: Flow volumes ® Yes ❑ No Peak discharge rates ® Yes ❑ No Discharge frequency ® Yes ❑ No Flow duration ® Yes ❑ No F. Please provide the URL /reference where all post - construction stormwater management standards can be found, or e-mail to MS4 Perm itProgram.PCA @state.mn.us an electronic copy of the ordinance or other regulatory mechanism as specified in Part V.G.5 of the permit. www.centervillemn.com G. How many development and redevelopment project plans were reviewed during the reporting period to assess impacts to water quality and receiving stream protection? 1 H. How many of the plans identified in 7.G were approved? 1 I. How many privately owned permanent stormwater management practices /facilities were inspected during the reporting period? 1 J. How many of the practices /facilities identified in I were found to have inadequate maintenance? 0 K. How long do you give operators to remedy any operation and maintenance deficiencies identified during inspections? 1 -10 days L. Do you have authority to take enforcement action for failure to properly operate and maintain ® Yes ❑ No stormwater practices /facilities? M. How many formal enforcement actions (i.e., more than a verbal or written warning) were taken for failure to adequately operate and/or maintain stormwater management practices? 0 N. Do you use an electronic tool (e.g., GIS, database, spreadsheet) to track post - construction ❑ Yes ® No BMPs, inspections and maintenance? O. Do all municipal departments and/or staff (as relevant) have access to this tracking system? ❑ Yes ® No P. How often do municipal employees receive training on the post - construction program? in progress 4 8. Program Resources A. What was the annual expenditure to implement MS4 permit requirements this reporting period? unbudgeted B. What is next year's budget for implementing the requirements of your MS4 NPDES permit? unbudgeted Small MS4 Annual Report Form (cont) C. This year what is /are your source(s) of funding for the stormwater program, and annual revenue (amount or percentage) derived from each? Source: Storm water fees Amount $ 79,755.00 OR % Source: Amount $ OR % Source: Amount $ OR % D. How many FTEs does your municipality devote to the stormwater program (specifically for implementing the stormwater program; not municipal employees with other primary responsibilities)? 0 E. Do you share program implementation responsibilities with any other entities? ® Yes ❑ No Entity Activity /Task/Responsibility Your Oversight/Accountability Mechanism Rice Creek Watershed Dist inspection and enforcement reporting concerns 9. Evaluating /Measuring Progress A. What indicators do you use to evaluate the overall effectiveness of your stormwater management program, how long have you been tracking them, and at what frequency? These are not measurable goals for individual management practices or tasks, but large -scale or long -term metrics for the overall program, such as macroinvertebrate community indices, measures of effective impervious cover in the watershed, indicators of in- stream hydrologic stability, etc. Began Tracking Number of Indicator (year) Frequency Locations none 5 B. What environmental quality trends have you documented over the duration of your stormwater program? Reports or summaries can be attached electronically, or provide the URL to where they may be found on the Web. None. Small MS4 Annual Report Form (cont) 10. Additional Information In the space below, please include any additional information on the performance of your MS4 program. If providing clarification to any of the questions on this form, please provide the question number (e.g., 2C) in your response. Certification Statement and Signature I certify that all information provided in this report is, to the best of my knowledge and belief, true, accurate and complete. ® Yes Federal regulations require this application to be signed as follows: For a municipal, State, Federal, or other public facility: by either a principal executive or ranking elected official. Dallas Larson, City Administrator Name of Certifying Official, Title 04/29/2010 Date (mm/dd/yyyy) R CITY OF CENTERVILLE CITY COUNCIL MEETING June 9, 2010 6:33 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on June 9, 2010, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Linda Broussard Vickers Council Member Jeff Paar p D Council Member Ben Fehrenbacher O D Council Member D. Love d O ABSENT: None W'@ STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Capra called the June 9, 2010, City Council meeting to order at 6:30 p.m. II. PUBLIC HEARING(S) None. III. APPROVAL OF AGENDA Mayor Capra made the following additions /corrections to the Agenda: Consent Agenda, Item #l, added Page 8a, (Check # 25477- 25497) Old Business, Item #2, replaced Page 23 with Page 23a New Business, Item #3, Appointment to Planning and Zoning Commission Motion by Council Member Paar. seconded by Council Member Love to annrove the agenda as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF COUNCIL MINUTES 1. May 26, 2010 Citv Council Meeting Minutes City of Centerville Council Meeting Minutes June 9, 2010 Motion by Council Member Broussard Vickers. seconded by Council Member Paar to approve the Mav 26, 2010 Citv Council Meeting Minutes as presented. Motion carried 4/0/1 (Fehrenbacher abstained.) V. CONSENT AGENDA 1. City of Centerville May 26, 2010 through June 9, 2010 Claims (Check #25457 — 25497) 2. Centenrdal Lak Peliee Depai4ment Claims - #dough May 12, 2010 (Cheek # — 7846) 3. Centennial Fire District Claims through May 12, 2010 (Check #4304 — 4331) 4. Requests for Water Service Line Connections (7251 & 7232 Mill Road Council Member Love asked for Item 2, Centennial Lakes Police Department Claims through May 12, 2010 (Check #7815 — 7846) to be pulled for discussion. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve the Consent Agenda as amended. All in favor. Motion carried unanimously. 2. Centennial Lakes Police Den_ artment Claims throu>?h Mav 12, 2010 (Check #7815 —7846) Council Member Love asked for clarification on Check #7833. Mayor Capra replied it is for cameras installed at the alternative school through a grant program in which the Department is being reimbursed. Motion by Council Member Broussard Vickers. seconded by Council Member Love to approve the Consent Aaenda Item #2. Centennial Lakes Police Department Claims through Mav 12, 2010 (Check #7815 — 7846) as presented. All in favor. Motion carried unanimously. VI. AWARDS /PRESENTATIONS /APPEARANCES 1. Mr. Greg Kieselhorst, Centerville Lions (Fete des Lacs Permits & Activities) Mr. Greg Kieselhorst appeared before Council to request permits associated with Fete des Lacs including the following: Noise, Special Event, Temporary Liquor License, Raffle, Transient and Fireworks Permit. The City Council thanked Mr. Kieselhorst and the Centerville Lions for all of their work. VII. OLD BUSINESS 1. Contractor Offer to Repair Clearwater Drive Page 2 of 5 City of Centerville Council Meeting Minutes June 9, 2010 City Engineer Statz reviewed background information City Attorney Glaser reviewed the process of arbitration and lawsuit if the parties cannot come to an agreement. The City Council discussed concerns including having to take the dispute resolution steps in the contract, the process of making a claim, mitigation of damages, what the City intends to pay, withholding the balance from retainer and the contractor's obligation to do the work under the contract. Completing the repair to the cul -de -sac prior to the wear coat being applied was also noted. After discussion, Council authorized Staff to initiate a work directive to Forest Lake Contracting directing them to complete a mill and overlay of Clearwater Drive per Council's previous direction and to not apply the wear coat to Peltier Lake Drive until the repair is complete. The engineer will grant an appropriate extension of time to permit the additional work to be complete. 2. Resolution Authorizine Proiect. Proiect Fundina Plan & Loan Between Funds — Downtown Storm Water City Administrator Larson reviewed background information. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to adopt Resolution # 10 -014 -- Authorizing Proiect. Proiect Funding Plan and Loan between Funds — Downtown Storm Water. All in favor. Motion carried unanimouslv. 3. Authorize Eng_ ineerine to Prepare Plans & Solicit Bids — Downtown Storm Water City Engineer Statz reviewed background information including the scope of review for the project, design work, preliminary survey, agency coordination, and irrigation design. He stated the costs noted are the design costs only. City Council discussed the cost of the irrigation designer. City Engineer Statz explained the importance of the irrigation designer to assure the irrigation system will function as expected, since using reclaimed stormwater can present some unique challenges. Motion by Council Member Fehrenbacher. seconded by Council Member Paar to authorize Engineering Scone and Review Plan to Prepare Plans & Solicit Bids — Downtown Storm Water Pondine Proiect as presented by the Citv Engineer. All in favor. Motion carried unanimously. VIII. NEW BUSINESS 1. Centerville Lions — Noise. Special Event. Temporary Liauor License. Raffle, Page 3 of 5 City of Centerville Council Meeting Minutes June 9, 2010 Transient Sales & Fireworks Permit City Administrator Larson reviewed background information noting the City applies for the fireworks liability insurance. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to authorize Centerville Lions — Noise. Snecial Event. Temaorary Liauor License. Raffle, Transient Sales & Fireworks Permit. All in favor. Motion carried unanimously. 2. Resolution #10 -015 — Authorizing Closing Fund #450 City Administrator Larson reviewed background information. Motion by Council Member Love. seconded by Council Member Paar to adopt Resolution #10 -015 — Authorizing Closing Fund #450. All in favor. Motion carried unanimously. 3. Planning and Zoning Appointment The Council discussed the appointment of Mr. Olaf Lee to the Planning and Zoning Commission. Concerns regarding conflict of interest on an item currently being reviewed by the Planning Commission and having to abstain from voting regarding this issue. The date of appointment, importance of having diversity among Commission members, Mr. Lee's background qualifications, and his answers were also discussed. The consensus of the Council was to appoint Mr. Lee to the Planning and Zoning Commission effective August 1, 2010. Motion by Council Member Broussard Vickers, seconded by Council Member Fehrenbacher to anuoint Olaf Lee to the Planning and Zoning Commission effective August 1, 2010. City Council further discussed that any Commissioner would have to abstain from voting on items that would be considered a conflict of interest. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES City Administrator Dallas Larson City Administrator Larson reported on the interchange project and the proposed Joint Powers Agreement, with the City's share of the cost being approximately $3,000. The Agreement will likely be placed on the next agenda for approval. 2. Mayor Capra (P & Z Joint Meeting) Page 4 of 5 City of Centerville Council Meeting Minutes June 9, 2010 Mayor Capra reported that City Council met with the Planning and Zoning Commission to review the updated Comprehensive Plan. She stated a Public Hearing would be held July 13, 2010, at the Planning and Zoning Commission meeting regarding the proposed changes relating to nonconforming uses in the downtown area. X. ADJOURNMENT Motion by Broussard Vickers. seconded by Paar to adiourn the June 9, 2010 Citv Council Meeting at 7:41 mm. All in favor. Motion carried unanimously. Mayor Capra adjourned the June 9, 2010, City Council Meeting at 7:41 p.m. Transcribed by: Rochelle Russo, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 5 of 5 Draft Draft City Council 2009- 06 -09, 7:45 p.m. Minutes of Work Session Draft Present were Mayor Capra, Council members Linda Broussard - Vickers, Ben Fehrenbacher, Jeff Paar and D Love. Also present were Finance Director, Mike Jeziorski; City Attorney Kurt Glaser and Engineer Mark Statz. Ron Mehl of Beard Group, reviewed a proforma for the redevelopment of Block 8. It was noted that the Livable Communities Grant in the amount of $763,100 must be spent this year or it could be lost. Mr. Mehl indicated that the only means of financing the construction would be through HUD, which has a significant backlog of projects. He believes it would likely take a year to get financing approved. Even so, a funding gap of around $3.5 million exists on this phase. Several alternatives were discussed to reduce the gap, including abating various fees, specially assessing the street improvements, deferring development fees and applying for additional grants. Beard suggested that they could refine their construction estimates and look for opportunities to reduce costs. Staff will determine if the LCDA Grant can be extended and will work with Beard to determine the feasibility of the project, including other grant opportunities. Staff and Beard will report back in one month. Finance Director, Mike Jeziorski reviewed the draft budget for 2011, including the Capital Improvement Plan. He also reviewed budget projections for the following five years showing levies that would result using projected capital improvements, planned debt service levies and assuming a 3% inflation cost to all expense areas of the budget. Dallas Larson discussed major cost elements of the proposed 2011 budget, including a plan to retain the City's project inspector as a regular employee. No cost of living adjustments for 2011 are included in personnel costs but a small increase is planned for cost of family health insurance, capital expenses include replacing the park tractor and upgrading the skid loader to permit cleaning of residential sidewalks. The General Fund levy is unchanged from 2010, but the Debt Service levy is up $25,000, with a combined levy increase of about 1%. The draft 2011 General Fund budget has a deficit of $68,450, which may be covered by Fund Balance if Council wishes. Another budget work session will be held after the first meeting in July. Staff will prepare to discuss areas where cuts could be made. The meeting was adjourned at approximately 9:10 p.m. Dallas Larson, Administrator CITY OF CENTERVILLE *Check Summary Register© e JUNE 2010 Name Check Date Check Amt 10100 MAIN STREET BANK Paid Chk# 025499 AFLAC 6/23/2010 Paid Chk# 025500 ANDERSON, ALLEN 6/23/2010 Paid Chk# 025501 BATTERIES PLUS 6/23/2010 Paid Chk# 025502 CENTRAL WOOD PRODUCTS 6/23/2010 Paid Chk# 025503 CHURCH OF ST GENEVIEVE 6/23/2010 Paid Chk# 025504 CORNER EXPRESS 6/23/2010 Paid Chk# 025505 D. K. DOCKENDORF & LAWSON, 6/23/2010 Paid Chk# 025506 DAVE KICHLER INSPECTION, INC.6/23/2010 Paid Chk# 025507 DELTA DENTAL 6/23/2010 Paid Chk# 025508 HEALTH PARTNERS 6/23/2010 Paid Chk# 025509 MCFOA 6/23/2010 Paid Chk# 025510 MENARDS - FOREST LAKE 6/23/2010 Paid Chk# 025511 MET. COUNCIL ENV. SERV. (SDS) 6/23/2010 Paid Chk# 025512 MINNESOTA PIPE & EQUIPMENT 6/23/2010 Paid Chk# 025513 TIME SAVER 6/23/2010 Paid Chk# 025514 XCEL ENERGY 6/23/2010 Paid Chk# 500879E BI- WEEKLY ACH 6/10/2010 Total Checks Voided Check #25469 and replaced with Check #025510 06/17/10 1:06 PM Page 1 $161.00 T BENDER & K STEPHAN AFLAC INS $165.94 CLOTHING ALLOWANCE REIMBURSEME $23.56 BATTERIES $1,923.75 PLAYGROUND CHIPS $100.00 RENTAL OF ADMIN . OFFICE AT 6 $858.59 FUEL $4,520.00 PARTIAL RELEASE OF ESCROW $2,674.40 ELECTRICAL INSPECTIONS $481.65 JULY 2010 DENTAL # PF99867701 $5,165.90 JULY 2010 HEALTH INSURANCE $35.00 APPLICATION FEE FOR K. SWEENEY $207.30 SUPPLIES $15,217.01 JULY 2010 WASTE WATER SERVICE $1,249.11 MAINT. SUPPLIES $283.75 CITY COUNCIL MEETINGS - 5 - -26 $4,434.49 1880 MAIN ST - SERV THRU 64 -10 $19,416.88 PAY PERIOD 12 $56,918.33 CENTENNIAL LAKES POLICE DEPT Check Register - POLICE GL Page: 1 Check Issue Dates: 6/1/2010 - 6/10/2010 Jun 10, 2010 04:44PM Report Criteria: Report type: Summary GL Check Ck No Period Issue Date Payee 06/10 06/10/2010 7859 APPLIED CONCEPTS, INC 06/10 06/10/2010 7860 BARNUM GATE SERVICES, INC 06/10 06/10/2010 7861 BILLS GUN SHOP & RANGE NO 06/10 06/10/2010 7862 COVERALL OF TWIN CITIES, IN 06/10 06/10/2010 7863 DELL MARKETING L.P. 06/10 06/10/2010 7864 DELTA DENTAL 06/10 06/10/2010 7865 DON'S CIRCLE SERVICE, INC 06/10 06/10/2010 7866 FOREMOST PROMOTIONS 06/10 06/10/2010 7867 FRATTALLONES HARDWARE, 1 06/10 06/10/2010 7868 IDVILLE 06/10 06/10/2010 7869 IMAGE PRINTING & GRAPHICS, 06/10 06/10/2010 7870 INTERSTATE ALL BATTERY CE 06110 06/10/2010 7871 J.N.JOHNSON SALES & SERVIC 06/10 06/10/2010 7872 KNOWLAN'S SUPER MARKETS 06/10 06/10/2010 7873 MICHELLE LAKSO 06/10 06/10/2010 7874 LEAGUE OF MN CITIES INS TR 06/10 06/10/2010 7875 NARTEC, INC 06/10 06/10/2010 7876 NE WISCONSIN TECH COLLEG 06/10 06/10/2010 7877 OFFICE MAX CONTRACT, INC 06/10 06/10/2010 7878 O'REILLY AUTOMOTIVE, INC 06/10 06/10/2010 7879 POSTNET 06/10 06110/2010 7880 QUILL CORPORATION 06/10 06/10/2010 7881 QWEST 06/10 06/10/2010 7882 SHRED RIGHT, INC 06/10 06/10/2010 7883 SIRCHIE FINGER PRINT LAB 06/10 06/10/2010 7884 TELECIDE PRODUCTIONS, INC 06/10 06/10/2010 7885 UNIFORMS UNLIMITED, INC 06/10 06/10/2010 7886 UNICARE LIFE & HEALTH INS. 06110 06/10/2010 7887 UPPER MIDWEST COMM POLIC Grand Totals: Description EQUIP MTC GATE REPAIR RANGE USE JUNE CLEANING SERVICE 2 COMPUTERS JULY DENTAL INS VEH REPAIRS & MTC CRIME PREVENTION SUPPLIES CLEANING SUPPLIES VOLUNTEER LANYARDS ENVELOPES BATTERIES FIRE EXTINGUISHER MTC EVIDENCE BAGS CERT SUPPLIES DEDUCTIBLE INS CLAIM DRUG TEST KITS TRAINING JK OFFICE SUPPLIES VEH SUPPLY POSTAGE TONER/TAPE COMMUNICATIONS SHREDDING INVESTIGATION SUPPLY COMPUTER MTC UNIFORMS JULY LIFE/DISABILITY 6 WEEK ADV INTERIM DIRECTOR Check Amount 78.02 611.56 100.00 796.22 4,346.00 996.50 142.68 798.38 125.42 62.35 415.93 70.47 123.34 14.87 10.44 250.00 77.75 60.00 139.92 4.29 36.86 161.88 167.64 58.91 157.15 30.00 1,199.31 107.80 14,362.50 25,506.19 M = Manual Check, V = Void Check TO: Honorable Mayor and Council Members FROM: Staff SUBJECT: Encroachment Agreement — Shed Located Within City Drainage/Utility Easement — 6817 Grouse Hollow DATE: June 17, 2010 The property owners have submitted the following: • Plans • Permit and Fees • Signed Encroachment Agreement The Building Inspector and Building Official have both signed off on the installation of the shed in the location desired by the homeowner. XcefEnergy° June 8, 2010 City of Centerville Attn: Dallas Larson 1880 Main St Centerville, MN 55038 To Whom It May Concern: Enclosed are three copies of a "Statement of Work" Form. This form pertains to the amount City of Centerville is to be responsible to pay for Xcel Energy's material and labor for secondary pedestal relocation of two pedestals for storm sewer installation in utility easement in front of 7130 Mill Rd and 7154 Mill Rd. Please sign all three copies, return two copies of the agreement (with check). Retain one copy for your files (as receipt). Enclose payment (make check payable to Xcel Energy). Mail to: Attn: Mathew Rauschendorfer 1700 East County Road E White Bear Lake, MN 55110 If you have any questions, please call me at (651) 779 -3113. Sincerely, - A— / /Z —"( -- 11L- Mathew Rauschendorfer Electric Distribution Designer, White Bear Lake Service Center Enclosures &,r6s1Eher9r DATE: June 8, 2010 WORK REQUESTED BY City of Centerville - Dallas Larson WORK TO BE AT 7130 & 7154 Mill Rd ADDRESS 1880 Main St Centerville, MN 55038 0 CONSISTING OF Payment due prior to construction Statement of Work Requested Relocation of secondary pedestals located in Utility Easement in front of 7130 Mill Rd and 7154 Mill Rd for storm sewer installation along new bike path. One time cost of $4,187.63. The facilities installed or removed by the Company shall be the property of die Company and any payment by customer shall not entitle customer to any ownersl interest or light therein. The undersigned hereby requests and authorizes Northern States Power Company, d /b /a Xcel Energy to do the work described above, and in consideration thereof, agrees to pay Four thousand one hundred eighty -seven and 63 /100 -------------------------------- - - - - -- (S 4,187.63 Credit Approval In accordance with the following terms: Prior to construction & City to do restoration i Receipt of the above amount hereby acknowledged on behalf of Xcel Energy by XCEL ENERGY B Mathew Rauschendorfer FOR XCEL ENERGY USE Xcel Rep. Mathew Rauschendorfer Const. $ 4,187.63 Rem.$ Maint.$ Customer City of Centerville - Dallas Larson By Xcel Energy Proj. No, 315127 Open$ Transf.$ Total S 4187.63 DRAFT FOR DISCUSSION (June 8, 2010) Page 11 Wellhead Protection Implementation Joint Powers Agreement THIS AGREEMENT is made and entered into by and between the cities of [ j Anoka; [ ] Blaine; [ ] Centerville; [ ] Circle Pines; [ ] Coon Rapids; [ ] Fridley; [ ] Lexington; [ j Lino Lakes; [ ] Ramsey; and [ ] Spring Lake Park (hereinafter referred to as "Cities ") and the [ ] County of Anoka (hereinafter referred to as "County"), each acting by and through its governing body, pursuant to MN Stat. §471.59 providing for the joint exercise of powers. RECITALS 1. The Cities are required by the Minnesota Department of Health to implement their wellhead protection plans for their community public water supplies and desire to coordinate their efforts to protect their well water supply for their communities. The Cities have determined that it is in their best interests to implement the common elements of their wellhead protection plans jointly. The Cities desire to coordinate the implementation of common elements of their wellhead protection plans through cooperation among members that is efficient and cost effective. 4. The County is committed to enhancing water resources protection and public health and finds it to the County's interest to facilitate the joint efforts of the Cities. NOW THEREFORE, in consideration of the mutual agreements contained herein, and in exercise of the powers granted by MN Stat. §471.59, the parties to this Agreement agree as follows: 1. PURPOSE 1.1. The Cities and County agree that they have joined together for the purpose of jointly and cooperatively: 1.1.1. implement common wellhead protection plans for the Cities; 1.1.2. establish a joint user group to handle activities related to this agreement; 1.1.3. authorize the County to act as facilitator and as agent contracting for any consultant services or applying for any grants; 1.1.4. allocate costs; and 1.1.5. receive and disburse grants. 2. TERM 2.1. This agreement shall be effective [ date ] and shall continue until terminated as provided herein. 3. ANOKA COUNTY MUNICIPAL WELLHEAD GROUP 3.1. The governing body of each of the Cities shall appoint one representative to serve as a member of the Anoka County Municipal Wellhead Protection Group (hereinafter "Group "). DRAFT FOR DISCUSSION (June 8, 2010) Page 12 3.2. One alternate member shall be appointed to the Group by the governing body of the Cities. The alternate may attend any meeting of the Group and, when the regular member is absent, vote on behalf of the City the member represents. 3.3. All members of the Group shall serve at the will and pleasure of the appointing authority. The appointing authority shall notify the Anoka County Administrator of the member or alternate member appointed to the Group and shall notify the Anoka County Administrator of any changes to their appointment. 3.4. Group members shall not be entitled to compensation or reimbursement for expenses incurred in attending meetings, except to the extent that the appointing authority might determine to compensate or reimburse the expenses of the member it appoints, in which case the obligation to make such payments shall be that of the appointing authority. 3.5. The County's Environmental Services Manager shall be an ex- officio non - voting member of the Group and shall serve as the facilitator to the Group. 3.6. The First meeting of the Group shall be at 10:00 a.m. on August 12, 2010 in Room 710 at the Anoka County Government Center, 2100 Third Avenue, Anoka, Minnesota. That the first meeting, the Group will agree to procedures for its operation. 3.7. A majority of all Group voting members shall constitute a quorum, but less than a quorum may adjourn a scheduled meeting. 3.8. Recommendations of the Group related to contracting for service will require agreement of each party prior to the party incurring any financial obligation. 4. GROUP RESPONSIBILITIES 4.1. The Group shall be responsible to: 4.1.1. develop a work plan to perform joint wellhead protection activities; 4.1.2. develop programs to achieve common wellhead education and protection objectives; and 4.1.3. recommend to the governing bodies of the Cities and County whether to have the County contract with a consultant under the terms of this agreement; 4.1.4. apply for funds from any source it may identify. S. JOINT POWERS ACTIVITIES 5.1. Activities authorized by this agreement are to: 5.1.1. Investigate methods and costs to jointly implement wellhead protection activities. 5.1.2. Determine process in which joint wellhead protection activities will be implemented. 5.1.3. Request consultant(s) qualifications and proposals to implement part or all of the Group's work plan. DRAFT FOR DISCUSSION (June 8, 2010) Page 13 5.1.4. Seek grants and other methods to fund implementation of the Group's wellhead protection activities. 5.1.5. Establish the apportioned costs for of each City to jointly implement the activities indicated in their wellhead protection plans. 5.2. The work plan will be finalized by the Group which may require the approval of each governing body and implementation in project parts to control costs and carry out orderly wellhead protection activities. 5.3. Prior to implementation of a wellhead protection project, the Group Facilitator will send notice to the Cities of the cost identified for the project. Within thirty (30) days of receipt of the notice, each city must either send a letter to the Group Facilitator indicating the city's interest in participation in the project or notify the other parties of its intention to refrain from participation in the project. 5.4. If one or more city chooses to refrain from participation following receipt of notice provided in [5.3], the Group Facilitator will recalculate the costs identified with participation in the project and send notice of the recalculated cost to the remaining cities. If identified costs increase by more than 10 %, each of the remaining cities will have ten (10) days to reconsider participation in the project. If a city chooses to withdraw, the city must send the Group Facilitator a letter, within the ten day period, indicating the city will refrain from participation in the project. If an additional city or cities choose to withdraw, the Group will reevaluate the work plan and associated costs before sending a new notice under [qq 5.3]. 6. FUNDING 6.1. Costs of for the Group's wellhead protection projects shall be allocated to each member party based on the proportion that each city's factors represent the total factor of all participating cities. The factors to be used shall be equally weighted and apportioned relevant to its presence and impact on each member party's wellhead plan goals. 6.2. The costs to be allocated to the cities shall be reduced by the amount of any grants received before allocation of the costs. 6.3. Each city will make payment of its pro -rata share for authorized activity expense to the County. 6.4. Funds paid by the Cities or received from any other source shall be managed by the County. 6.5. Payments from the Cities must be received by the County before the County will incur any fiscal obligation. 6.6. All funds disbursed by the County pursuant to this agreement shall be disbursed in a manner that is consistent with the method provided by law. 6.7. A strict accounting shall be made of all funds and a report of all receipts and disbursements shall be made by the County upon request. 7. COUNTY SERVICES DRAFT FOR DISCUSSION (June 8, 2010) Page 14 7.1. The County shall provide services to facilitate and assist the Group in the conduct of its affairs. The Environmental Services unit of the Anoka County Community Health and Environmental Services Department shall provide these services. 7.2. The County shall serve as fiscal agent for the Group for the purpose of receiving and dispersing funds as authorized by the Group and entering into contracts or grant applications on behalf of the Group. 7.3. The County shall maintain records and documents relating to matters that are the subject of this agreement. All such records shall be retained for a period of at least three years after termination of this agreement and, upon request of any party, shall be retained for any additional period requested. The records shall be available to inspection, review and audit by the parties and the State Auditor as provided by law during regular business hours. 8. CONTRACTS 8.1. Contracts and grant applications made pursuant to this Agreement shall be made by the County and shall conform to the requirements applicable to the County. 9. NONDISCRIMINATION AND COMPLIANCE WITH LAWS 9.1. In accordance with the County's Affirmative Action Plan and the County Commissioners' policy against discrimination, no person shall illegally, on the grounds of race, color, religion, sex, marital status, sexual orientation, public assistance status, handicap, age, or national origin, be excluded from full employment rights in, participation in, be denied benefits of, or be otherwise subjected to discrimination under and program, service or activity hereunder in accordance with the provisions of any and all applicable federal and state laws against discrimination. 9.2. During the performance of this agreement, the Group and its agents shall comply with all applicable laws, ordinances, and regulations, including federal, state and local nondiscrimination regulations. 10. WITHDRAWAL 10.1. Any party shall have the right to withdraw from this agreement in the following manner: The governing body of the withdrawing party shall pass a resolution declaring its intention to withdraw effective on a specified date, which date shall not be less than thirty (30) days from the date of the resolution, and shall send a copy of the resolution to each party's governing body not less than thirty (30) days before the effective date of withdrawal. 10.2. Withdrawal by a party shall not result in the discharge of any legal or financial liability incurred by that party before the effective date of withdrawal. 11. TERMINATION DRAFT FOR DISCUSSION (June 8, 2010) 11.1. This Agreement shall be terminated upon completion of the Groups' approved work plan activities adopted by member cities. Anoka County, as Group facilitator, shall send a notice of termination to each party upon completion of the Group's activities. 11.2. This Agreement may be terminated upon mutual agreement of the parties by a joint resolution passed by the parties' governing bodies. 11.3. This Agreement shall terminate if, due to the withdrawal of parties, there is less than four remaining parties. 12. DISTRIBUTION OF PROPERTY 12.1. Upon termination of this Agreement, any remaining funds or property acquired under the terms of this Agreement shall be distributed to the parties in proportion to the respective contribution of the parties. 12.2. Upon termination of this Agreement, any payments due and owning or other unfulfilled financial obligations of a member party shall continue to be a lawful obligation of the party. 13. NOTICE Page 15 13.1. For purpose of notices to be given under this agreement, notices shall be directed as set forth: Anoka City Council 2015 First Avenue N. Anoka, MN 55303 Coon Rapids City Council 11155 Robinson Drive Coon Rapids, MN 55433 -3761 Ramsey City Council 7550 Sunwood Drive NW Ramsey, MN 55303 Blaine City Council 10801 Town Square Drive Blaine, MN 55449 Centerville City Council 1880 Main Street Centerville, MN 55038 -9794 Circle Pine City Council 200 Civic Heights Cricle Circle Pines, MN 55014 14. ENTIRE AGREEMENT Fridley City Council 6431 University Avenue NE Fridley, MN 55432 Lexington City Council 9180 Lexington Avenue Lexington, MN 55014 Lino Lake City Council 600 Town Center Parkway Lino Lakes, MN 55014 Spring Lake Park City Council 1301— 81 s-r Avenue NE Spring Lake Park, MN 55432 Anoka County Board Government Center 2100 Third Avenue Anoka, MN 55303 14.1. This joint power agreement constitutes the entire agreement of the parties on the matter related hereto. 14.2. This agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. DRAFT FOR DISCUSSION (June 8, 2010) Page 16 14.3. The Group may recommend amendments to this agreement to the governing bodies of the parties for their consideration. 15. SIGNATURES 15.1. All parties to this Agreement need not sign the same copy of the Agreement. 15.2. An original Agreement signed by each party to this Agreement shall be maintained in the Office of the Anoka County Attorney. County Contract No. 97 -2256 WELLHEAD PROTECTION JOINT POWERS AGREEMENT THIS AGREEMENT is made and entered into by and between the cities of Anoka, Blaine, Centerville, Circle Pines, Coon Rapids, Fridley, Lexington, Lino Lakes, Ramsey, and Spring Lake Park (herein "Cities"), and the County of Anoka (herein "County), each acting by and through its governing body, pursuant to Minn. Stat. §471.59 providing for the joint exercise of powers. RECITALS: 1. The Cities are now, or will be, required by the Minnesota Department of Health to prepare wellhead protection plans for their community public water supplies and desire to coordinate their efforts to develop wellhead protection plans for their communities. 2. The Cities have determined that it is in their best interests to develop a common ground water model that has, common elements for their wellhead protection plans including determination of wellhead protection areas around their public water supply wells, and desire to jointly use the services of a consultant for development of portions of their wellhead protection plans. 3. The Cities desire to make a joint decision concerning the best method to determine their needs and selection of a groundwater model and agree that it is in their interests that the cost for development of portions of their wellhead protection plans be shared and their respective responsibilities and obligations be defined. 4. The County is committed to enhancing groundwater protection and public health and finds it to be in the County's interest to facilitate the joint efforts of the Cities. NOW THEREFORE, in consideration of the mutual agreements contained herein, and in exercise of the powers granted by Minn. Stat. § 471.59, the parties to this Agreement agree as follows: 1. PURPOSE 1.1 The Cities and County agree that they have joined together for the purpose of jointly and cooperatively: 1.1.1 developing common wellhead protection plans for the Cities; 1.1.2 establishing a joint user group to handle activities related to this agreement; 1.1.3 authorizing the County to act as facilitator and as agent contracting for any consultant services or applying for any grants; and 1.1.4 allocating costs. 2. TERM 2.1 This agreement shall be effective January 1, 1997 and shall continue until terminated as provided herein. 3. ANOKA COUNTY MUNICIPAL WELLHEAD PLANNING GROUP 3.1 The governing body of each of the Cities shall appoint one person to serve as a member of the Anoka County Municipal Wellhead Planning Group (herein "Group "). -1- County Contract No. 97 -2256 3.2 One alternate member shall be appointed to the Group by the governing body of each of the Cities. The alternate may attend any meeting of the Group and, when the regular member is absent, vote on behalf of the party the member represents. 3.3 All members of the Group shall serve at the will and pleasure of the appointing authority. The appointing authority shall notify the Anoka County Administrator of the member and alternate member appointed to the Group and shall notify the Anoka County Administrator of any changes to the appointment. 3.4 Group members shall not be entitled to compensation or reimbursement for expenses incurred in attending meetings, except to the extent that the appointing authority might determine to compensate or reimburse the expenses of the member it appoints, in which case the obligation to make such payments shall be that of the appointing authority. 3.5 The County's Environmental Services Director shall be an exofficio non - voting member of the Group and shall serve as the facilitator to the Group. 3.6 The first meeting of the Group shall be at 10:00 a.m, on January 2, 1997 at Room 772 in the Anoka County Government Center, 2100 Third Avenue, Anoka, Minnesota. At the first meeting, the Group will agree on procedures for its operation. 3.7 A majority of all Group voting members shall constitute a quorum, but less than a quorum may adjourn a scheduled meeting. 3.8 Recommendations of the Group related to hiring a consultant will require agreement of a party prior to the party incurring any financial obligation. 4. GROUP RESPONSIBILYIIES 4.1 The Group shall have the following responsibilities during Phase 1: 4.1.1 to request and review consultant qualifications; 4.1.2 to request and review consultant proposals; 4.1.3 to interview selected consultants; 4.1.4 to develop consultant work plan and costs; 4.1.5 to recommend to the governing bodies of the Cities and County whether to have the County contract with a consultant under the terms of this agreement; 4.1.6 to recommend a consultant to be engaged by the County under the terms of this agreement; 4.1.7 to apply for funds from any source it may identify. 4.2 The Group shall have the following responsibilities during Phase H in addition to those set forth in 4.1: 4.2.1 to provide guidance to the consultant in performing wellhead protection work authorized in Phase Il; 4.2.2 to review and reject or accept consultant work; 4.2.3 to approve payments authorized under this agreement; 4.2.4 to recommend Group Facilitator notify parties of termination of joint powers agreement upon completion of the Phase H joint powers activities and completion of the wellhead protection plans for the Cities. -2- County Contract No. 97 -2256 5. JOINT POWERS ACTIVITIES 5.1 Activities authorized by this agreement are: 5.1.1 During Phase I, request consultant qualifications, request consultant proposals, review consultants and proposals, identify wellhead protection needs, develop consultant work plan, prepare a description of the scope of work, prepare the budget for such work, interview consultants, and prepare a recommendation for the hiring of a consultant to perform wellhead protection plan elements identified during Phase I. 5.1.2 During Phase H, administer wellhead protection plan elements identified for Phase 11, delineate wellhead protection zones in accordance with Minnesota Rules, conduct related studies and analysis, identify potential contaminant source inventory, management techniques, and education and outreach activities. 5.2 Prior to commencement of activities in Phase II, the Group Facilitator will send notice to the Cities of the costs identified for the project. Within thirty days of the receipt of the notice, each city must either send a letter to the Group Facilitator indicating the city's interest in participation or provide the other parties with notice of an intention to withdraw from this agreement in accordance with the requirements of Part 10.1 of this agreement. 5.3 If one or more of the Cities chooses to withdraw following receipt of notice provided in 5.2, the Group Facilitator will recalculate the costs identified with participation in the project and send notice of the recalculated cost to the remaining cities. If identified costs increase by more than 10%, each of the remaining cities will have ten days from receipt of notice of the recalculated costs to reconsider continued participation. If a city chooses to withdraw, the city must send the Group Facilitator a letter, within the ten day period, indicating the city will be taking action to withdraw in accordance with the requirements of Part 10.1 of this agreement. If additional city or cities choose to withdraw, the Group will reevaluate the work plan and associated costs before sending out new notices under 5.2. 6. FUNDING 6.1 Funding of consultant costs under this agreement shall be allocated to each member party based on the proportion that each city's factors represents of the total factors of all participating cities. The factors to be used shall be equally weighted and shall consist of the following: base amount, population (Metro population Council estimate of 4/96), service connections, water appropriation (1993, 1994, and 1995 annual average), number of wells to be studied, and well risk (1- confined bedrock aquifer; 2- unconfined bedrock; and 3- drift). This initial allocation is set forth as follows: Member Perc Anoka 9.9 Blaine 19.5 Centerville 3.0 Circle Pines 4.1 Coon Rapids 29.0 Fridley 16.3 Lexington 2.7 Lino Lakes 5.2 Ramsey 4.8 Spring Lake Park 5.5 -3- County Contract No. 97 -2256 6.2 The costs to be allocated to the cities shall be reduced by the amount of any grants received before allocation of the costs. 6.3 Each of the Cities shall make payment of its pro -rata share of any authorized activity expense to the County. Prior to commitment to participate in Phase II, Cities will have an opportunity to opt out of participation and withdraw from this agreement prior to incurring an obligation if a city is not interested in participating in the costs. There is no cost for participation in Phase I, other than the indirect staffing costs that a party may have. 6.4 Funds paid by the Cities or received from any other source shall be managed by the County. 6.5 Payments from the Cities must be received by the County before the County will incur any fiscal obligation. 6.6 All funds disbursed by the County pursuant to this agreement shall be disbursed in a manner that is consistent with the method provided by law for the disbursement of funds by counties. 6.7 A strict accounting shall be made of all funds and a report of all receipts and disbursements shall be made by the County upon request. 7. COUNTY SERVICES 7.1 The County shall provide services to facilitate and assist the Group in the conduct of its affairs. The Environmental Services unit of the Anoka County Community Health and Environmental Services Department shalt provide these services. 7.2 The County shalt serve as fiscal agent for the Group for purpose of receiving and dispersing funds as authorized by the Group and entering into contracts or grant applications on behalf of the Group. 7.3 The County shall maintain records and documents relating to matters that are the subject of this agreement. All such records shall be retained for a period of at least three years after termination of this agreement and, upon request of any party, shall be retained for any additional period requested. The records shall be available for inspection, review and audit by the parties and the State Auditor as provided by law during regular business hours. 8. CONTRACTS 8.1 Contracts and grant applications made pursuant to this Agreement shall be made by the County and shall conform to the requirements applicable to the County. -4- County Contract No. 97 -2256 9. NONDISCRMWATION AND COMPLIANCE WITH LAWS 9.1 In accordance with the County's Affirmative Action Plan and the County Commissioners' -- policy against discrimination, no person shall illegally, on the grounds of race, color, religion, sex, marital status, sexual orientation, public assistance status, handicap, age, or national origin, be excluded from full employment rights in, participation in, be denied benefits of, or be otherwise subjected to discrimination under any program, service or activity hereunder in - accordance with the provisions of any and all applicable federal and state laws against discrimination. 9.2 During the performance of this agreement, the Group and its agents shall comply with all applicable laws, ordinances, and regulations, including federal, state and local nondiscrimination regulations. 10. WITMRAWAL 10.1 Any party shall have the right to withdraw from this agreement in the following manner: The governing body of the withdrawing party shall pass a resolution declaring its intention to withdraw effective on a specified date, which date shall not be less than thirty days from the date of the resolution, and shall send a copy of the resolution to each party's governing body not less than thirty days before the effective date of withdrawal. 10.2 Withdrawal by a party shall not result in the discharge of any legal or financial liability incurred by that parry before the effective date of withdrawal. 11. TERMINATION 11.1 This agreement shall terminate upon completion of the wellhead protection plans for the Cities. Anoka County, as Group facilitator, shall send a notice of termination to each party upon completion of the Group's activities. 11.2 This agreement may be terminated upon mutual agreement of the parties by a joint resolution passed by the parties' governing bodies. 11.3 This agreement shall terminate if, due to the withdrawal of parties, there are less than four remaining parties to this agreement. 12. DISTRIBUTION OF PRvr AA i I 12.1 Upon termination of this agreement, any remaining funds or property acquired under the terms of this Agreement shall be distributed to the parties in proportion to the respective contributions of the parties. 12.2 Upon termination of this agreement, any payments due and owing or other unfulfilled financial obligations shall continue to be a lawful obligation of a party. -5- County Contract No. 97 -2256 13. NOTICE 13.1 For purposes of notices to be given under this agreement, notices shall be directed as set forth below: Anoka City Council 2015 First Ave. North Anoka, MN 55303 Blaine City Council 9150 Central Ave. NE Blaine, MN 55434 Centerville City Council 1880 Main Street Centerville, MN 55038 -9794 Circle Pines City Council 200 Civic Heights Circle Circle Pines, MN 55014 Coon Rapids City Council 11155 Robinson Drive Coon Rapids, MN 55433 -3761 Fridley City Council 6431 University Ave. NE Fridley, MN 55432 Lexington City Council 4175 Lovell Road Suite 140 Lexington, MN 55014 Lino Lakes City Council 1189 Main Street Lino Lakes, MN 55014 Ramsey City Council 15153 NovAhen Blvd NW Ramsey, MN 55303 Spring Lake Park City Council 1301 Slat Ave. NE Spring Lake Park, MN 55432 Anoka County Board Government Center 2100 - 3rd Ave. Anoka, MN 55303 14. ENTIRE AGREEMENT 14.1 This joint powers agreement constitutes the entire agreement of the parties on the matter related hereto. 14.2 This agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. 14.2 The Group may recommend amendments to this agreement to the governing bodies of the parties for their consideration. 15. SIGNATURES 15.1 All parties to this Agreement need not sign the same copy of the Agreement. 15.2 An original Agreement signed by each party to this Agreement shall be maintained in the Office of the Anoka County Attorney. County Contract No. 97 -2256 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day stated below: ounty o a B Dan Erhart Board of Commissioners Chair City of Anoka - Mayor By: By: J "Jay" c den City Manager County A istrator Dated: n - A s- -c? - 7 Dated: re_bruarV J I12y7 Approved as to form: B Pamela McCabe Assistant County Attorney RMH%sk 111131% M:18.41MMWF11JWWJPA I&M County Contract No. 97 -2256 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day stated below: Co Oka B an Erhart Board of Commissioners Chair By: ohn ' inden County Administrator City of -Abuif=2, J" r By: 1wor By: City an g Dated: 07 -as - '7 Approved as to form: Dated: 12 - 12 --- 9 B4,� Pamela McCabe Assistant County Attorney RMH:ak 111131% M.MUWLW%W%MJJWADJPA -7 County Contract No. 97 -2256 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day stated below: of Anoka By Dan Erhart Board of Commissioners Chair City of Centerville Mayor (Tom Wilharber) By: By: C____V1-'P4o�' 'MJ C' ger - (James March) County Administrator Dated: Dated: ! 1 , Approved as to form: By Pamela McCabe Assistant County Attorney BMH:dt 11/13/96 MA93VY{MWP1 LREADMA -7- County Con -2256 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the dory C -F D below: , Count of Anoka B• Dan Erhart Board of Commissioners Chair City of e l & k F T,rn�S ANOKA C011N ` 'UMAN SFRNAC'" By: or By: )Ah "7 "cLind ity Manager County Administrator Dated: Q - as — 9 1 7 Dated: r Approved as to form: By (�� Pamela McCabe Assistant County Attorney RMH:d 11 113196 M: NAMMELIMAWPA -7- County Contract No. 97 -2256 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day stated below: County of Anoka City of By: By: a Mayor Board of Commissioners Chair By. hn "Jay c den v 4��Iwm� By. '' 6$ Man County Administrator Dated: cv? —QS -9 rT Dated: 4 —1 7 - 7 6 Approved as to form: By: amela McCabe Assistant County Attorney RMH:ak 1/13196 MAEMMI5CMEWE►WPA -7- County Contract No. 97 -2256 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day stated below: County of Anoka Dan Erhart Board of Commissioners Chair John '*.y"0MZ.Yn County Administrator City of Fridley William W. Burns City Manager Dated: v? -a?S — 91 Approved as to form: By: Pamela McCabe Assistant County Attorney RM Ea. 11113/96 M\E8\WSC\WBL M"DJPA Dated: .Z /1/ 197 .7. County Contract No. 97 -2256 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day stated below: - County of Anoka By: an Erhart Board of Commissioners Chair hn "J M ind County Administrator City of L e By: Mayor By: ' Ak. t .� City Man er Dated: — _9 1 7 Dated: Approved as to form: By �� Pamela McCabe Assistant County Attorney WMA 11/13/96 M:WMMLVMWELLHEADJPA RECEIVED BY C. F. l IWAI County Contract No. 97 -2256 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day stated below: County of Anoka City of Lino Lakes By: By: Dan Erhart M r Board of Commissioners Chair ohn "Jaf Mqtinden _ -. 06=4W Clerk - Treasurer County Admidistrator Dated: o? —a<cz' —9 f7 Dated: December 9, 1996 Approved as to form: By Pamela McCabe Assistant County Attorney xMx:.k 11/131% MA SV45MWEIMEAWPA -7- County Contract No. 97 -2256 W WITNESS WHEREOF, the parties hereto have executed this agreement as of the day stated below: County of Anoka By: Dan Erhart Board of Commissioners Chair By- John "JW YeLind County Administrator Dated: _ate' —? 7 City of Vpr^ --f �- �- Mayor B i Manager Dated: ' Approved Approved as to form: By: Pamela McCabe Assistant County Attorney RMH:ak 111131% Ao9.UWAQ5C. %WE[1Jfi lDJPA -7- County Contract No. 97 -2256 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day stated below: County of Anoka Cil C � By _ By Dan Erhart Board of Commissioners Chair By: e/.10 By: . A - fin "J rode City Manager Barbara L. Nelson County Administrator Dated: oZ -o - 4 7 Dated: Approved as to form: By: amela McCabe Assistant County Attorney M:%S%MLSMVAnJJfADJPA ONE City of Centerville Res. #10 -0 A RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO TRANSFER FUNDS WHEREAS, a certain special project debt service fund (Fund # 348) was established to account for repayment of bonds which financed drainage system improvements, and WHEREAS, the improvement financing plan required certain transfers from the Stormwater Utility Fund (Fund # 415) to pay debt service over several years, and WHEREAS, the transfers from the Stormwater Utility Fund have been previously routed through the General Fund rather than passing directly to the debt service fund and WHEREAS, staff has recommended that the transfers be made directly to the debt service fund. NOW, THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA: The Finance Director shall complete the following cash transfers from the Stormwater Utility Fund (Fund # 415) to the 2009B G.O Improvement Refunding Bond Fund (Fund # 348) during the calendar year indicated. 2010 $99,500 2011 $99,500 Adopted by the City Council this _ day of June, 2010. Mary Capra, Mayor Attest: Teresa Bender, Clerk Anoka County Contract No. 2010 -0518 JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF COUNTY STATE AID HIGHWAY 14 (MAIN STREET) FROM 1600 FEET WEST OF I -35E TO 1500 FEET EAST OF I -35E IN THE CITIES OF CENTERVILLE AND LINO LAKES COUNTY PROJECT NO. S.P. 02- 614 -28 THIS AGREEMENT is made and entered into this day of , 2009, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County ", and the City of Centerville, 1880 Main Street, Centerville, Minnesota, 55038, hereinafter referred to as the "City ". WITNESSETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to reconstruct the Interchange of I -35E and County State Aid Highway 14 (Main Street) including the bridge over I -35E, hereinafter referred to as the "Project "; and, WHEREAS, the parties to this agreement consider it mutually desirable to proceed with the preliminary engineering & environmental documentation, final design, land acquisition, construction, and construction engineering & administration for the reconstruction of the Project; and, WHEREAS, Anoka County has jurisdiction over County State Aid Highway 14 (Main Street); and, WHEREAS, the Minnesota Department of Transportation (MnDOT) has jurisdiction over I -35E; and, WHEREAS, the parties and MnDOT have entered into a separate agreement for the preliminary engineering and environmental documentation (MnDOT Agreement No. 89335); and, WHEREAS, the County has obtained Federal Funds for the preliminary engineering and environmental documentation (MnDOT Agreement No. 88479); and, WHEREAS, the County has obtained Federal Funds for the final design (MnDOT Agreement No. 92714); and, WHEREAS, the County has obtained State resources for the construction engineering & administration (MnDOT Agreement No. 94579); and, 1 WHEREAS, the parties and MnDOT have entered into a separate agreement for the maintenance of traffic control signal system for the Project (MnDOT Agreement No. 94607M); and, WHEREAS, the parties agree that it is in their best interest that the cost of said land acquisition required for the Project be shared; and, WHEREAS, the parties agree that it is in their best interest that the cost of the non - state, non - federal share of the construction of the Project be shared; and, WHEREAS, the County and the City both agree to pursue additional funding sources to minimize the burden to both the County and the City; 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 the reconstruction of CSAH 14 from 1600 feet west of I -35E to 1500 feet east of 1 -35E in the cities of Centerville and Lino Lakes. The County project number for the reconstruction is S.P. 02- 614 -28. Said engineering plans will be filed in the office of the Anoka County Highway Department and incorporated herein by reference. II. METHOD The parties and MnDOT have provided for the preliminary engineering & environmental documentation for the Project via MnDOT Agreement No. 89335; and, The County shall provide all professional services for the final design required for the Project in conformance with federal and state aid standards; and, The County shall provide all professional services for the land acquisition required for the Project in conformance with the Uniform Relocation Assistance and Real Property Policies Act; and, The County shall cause the construction of the Project in conformance with said plans and specifications. The County shall do the calling for all bids and the acceptance of all bid proposals; and, The County shall provide all construction engineering & administration services required for the Project. 2 III. COSTS The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs, which will be incurred for this project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible. The estimated construction cost of the total project (including County furnished materials) is $10,714,642.03. Federal funds available for the Project are capped at $10,514,150.00. The federal funds shall be split based on the ratio of eligible cost incurred by each party to the total eligible project cost. Eligible costs are the costs of items that can participate in federal funding as shown on Exhibit B. Participation in the construction cost is as follows: The total estimated cost to the City for the project is summarized below: 1 3" Bituminous Walk $ 2,750 2 Concrete Curb and Gutter B424 $ 5,432 3 Truncated Domes $ 806 4 EVP for Traffic Control Signal System A (21 Ave) $ 2,000 $2,198. Total Estimated Share of Construction Cost To The City $ 10,988 Estimated Federal Funds available to the City $ 8,790 Total Cost less Federal Funds $ 2,198 The total estimated construction cost to the City (less Federal Funds) for the project is 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 $ 2,088. 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 expense and does not include 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 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 City and County in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and shall be made upon request by either party. VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods, which occurred prior to such notice of termination. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. MAINTENANCE A. Maintenance of the completed watermain, sanitary sewer, storm sewer, and detention basins (including ponds and their outlet structures and grit chambers /collectors) shall be the sole obligation of the City. B. Maintenance of all trails and sidewalks, including snow plowing, shall be the sole responsibility of the City. C. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. D. Maintenance of the completed signals and signal equipment shall be determined by separate agreement (MnDOT Agreement 94607M or its successor). 4 X. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City Administrator of Centerville, 1880 Main Street, Centerville, Minnesota, 55038, on behalf of the City. XI. 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. XIL ENTIRE AGREEMENT REOUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF CENTERVILLE By: By: Dennis D. Berg, Chair Mary Capra County Board of Commissioners Mayor Dated: Dated: ATTEST By: By: Terry L. Johnson Dallas Larson County Administrator City Administrator Dated: Dated: RECOMMENDED FOR APPROVAL By: By: Douglas W. Fischer, P.E. County Engineer Dated: Dated: APPROVED AS TO FORM By: By: Dan Klint Assistant County Attorney Dated: Dated: 71 Metropolitan Council At Metro Meetings A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and regional Council sponsored events. The Metropolitan Council is located at 390 Robert St N., in downtown St Paul. All meetings are held at this location unless otherwise noted. Meeting times and agendas are subject to change. Visit our website at www.metrocouncil.orQ for more information. Video of meetings of the Council and some committees are now available live and archived for later viewing at www.metrocouncil.orc Monday, June 14 Transportation Committee: 4 p.m., Chambers Week of June 14 —18, 2010 - Director MTS Report; - General Manager's Report; - MSP International Airport Long -term Comprehensive Plan; - Right -of -Way Acquisition Loan Fund (RALF) Program Review; - MTS Camera System Installation Contract; - Authorization to Award Contract for Anoka County Regular Route Service; - 2010 Unified Operating Budget Amendment; - 2010 Unified Capital Program Amendment; - Central Corridor Light Rail Transit: Environmental Testing and Monitoring During Construction; - Central Corridor Light Rail Transit: Subordinate Funding Agreement with Ramsey County; - Central Corridor Light Rail Transit: Civil East Construction; - Initiate Eminent Domain on Parcels 1 (M. Rasior Ltd) and IA (Diamond Products) for the Central Corridor Light Rail Transit Operations and Maintenance Facility; Information - MTS Regional Ridership Report — 1 st Quarter 2010; - Metro Mobility Operating Procedure Adjustments; and other business. Tuesday, June 15 Transit Service Restructuring Plan for I -35W and 46" St. Corridor Public Meeting. Served by Transit Routes 18G; 4, and 46 Within Short Walk: 5 - 7 p.m., 4800 Grand Ave. S., Fuller Park, Minneapolis httD: / /www. metrocouncii.o rs /newsletter /transit2010BRTMav 10.htm Wednesday, June 16 Proposed Service Availability Charge Transfer Amount for the 2011 MCES Budget, Which Impacts Both SAC and Municipal Wastewater Charges Public Hearing: 9 a.m., Chambers htta: / /www.metrocouncii.org /newsletter /water2010 /SACJun l0.htm TAB Programming Committee: 1 p.m. (note time change), Chambers - Presentation of the Regional Travel Demand Management Study and Discussion of the Recommendations; - Recommendation to Amend the 2010 -2013 TIP to include SP# 27- 753 -13, Lowry Avenue Bridge #2723 Replacement Phase II; - Recommendation to Amend the 2010 -2013 TIP to include SP# 7080 -49, New Market Rest Area; and other business. Transportation Advisory Board: 1:30 p.m., Chambers - Metropolitan Council Transportation Policy Plan Update; - TH 77 Managed Lane Study: Evaluation of Several Improvement Alternatives and the Choice of a Managed Lane Approach; - Complete Streets Study Completed for the 2009 Legislature and Implementation of Context Sensitive Transportation Improvements; - Presentation of the Regional Travel Demand Management Study and Discussion of the Recommendations; - Recommendation to Amend the 2010 -2013 TIP to include SP# 27- 753 -13, Lowry Avenue Bridge #2723 Replacement Phase II; - Recommendation to Amend the 2010 -2013 TIP to include SP# 708049, New Market Rest Area; - 2010 Travel Behavior Inventory; Information - TAB Bylaws Update and Revisions; and other business. Proposed 2011 -2014 Transportation Improvement Program for the Twin Cities Metropolitan Area Public Hearing: 3 p.m., Chambers Canceled: Gem—mimee of the V&ele Thursday, June 17 TAC Funding & Programming Committee: 1 p.m., Lower Level A Land Use Advisory Committee: 4 p.m., Lower Level A - Overview of Updated Transportation Policy Plan; - Land Use Planning Resources Progress Report- Overview of Tools and Resources; and other business. Friday, June 18 Chair's Meeting with Neighboring County Officials: 9 a.m., Chambers TAC — Aviation Advisory Task Force: 9 a.m., Lower Level A - Review of Revised Aviation Chapter for 2030 Transportation Policy Plan Update; and other business. Tentative Week of June 21— 25, 2010 Monday, June 21 Community Development Committee: 4 p.m., Chambers Tuesday, June 22 Environment Committee: 9:30 a.m., Chambers Wednesday, June 23 Audit Committee: 12 noon, Lower Level A Management Committee: 2:30 p.m., Lower Level A Metropolitan Council: 4 p.m., Chambers Thursday, June 24 TAC Planning Committee: 2 p.m., Lower Level A Friday, June 25 No meetings scheduled