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Home My WebLink About2011-02-09 CC Packet CITY OF CENTERVILLE GO�JNCIL _ _ _ MEETING & W4I� SESSION T4 errriCCe FOLLUW - AGE�A �� , �'�' Wednesday, February 9, Z011 6:30 .m. or shortl 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 r�uiring Council action may be deferred to staff or Boards and Commissions for research and firture Council Ageudas if appropriate. You will Ue 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 tlus policy may result 3n the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign-up shcet 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. INPUT HEARING(S) III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. January 26, 2011 City Council Meeting Minutes (Pages 1-3) V. CONSENT AGENDA � 1. City of Centerville Janua 27, 2011 through February 9, 2011 Claims � (Check #26103-2612� & Voided Check #25066 (Page 4) 2. Centennial Lakes Police Department Claims through January 13, 2011 I� (Check #8212-8225) (Page 5) ' 3. Insurance Liability Coverage Waiver Form & The City's Desire Not to � Waive Monetary Limits on Mwnicipal Tort Liability (Page � 4. Church of S� Genev�eve Request for Temporary Charitable Gambling , (Raffle) Permit for Golden Boys Benefit Event (Pages 7-8) ' � VI. AWARDS/PRESENTATIONS/APPEARANCES VII. OLD BUSINESS VIII. NEW BUSINESS 1. Planning & Zoning Commission Recommendation to Adopt Ordinance Amending Chapter 9Q A1lowing Bee Keeping & Approv3ng Summary for Publication (Pages 9-13) 2. Forest Lake Contracting Final Pay Request (Pelt�er Lake Drive Street & Udlity Improvements) - (Pages 14-1'n 3. Forest Lake ContraMing �'Inal Pay Request (2009 Street Improvements) — (Pages 1&20) 4. Approve Grant Agreement w/Dep� of Natwal Resources — Tree Planting Project (Pages 21-43� IX. ANNOUNCEMENTS/UPDATES 1. City Administrator X. ADJOURNMENT ; , _ _ COUNCIL WORI� SESSION I. CALL TO ORDER � 1. Roll Call II. DISCUSSION ITEMS 1. 2011 Council Goals III. ADJOL�RNMENT **REMINDERS** Planning & Zoning Commission Meeting — March 1, 2011, 6:30 p.m. Council Chambers Parks & Recreation Committee Meeting — March 2, 2011, 6:30 p.m., Council Chambers Parks & Recreation Committee Skate Night — February 5, 2011, 6:00 p.m. — 9:00 p.m. Laurie LaMotte Memorial Park Parks & Recreation Committee Stargazing/Snowshoeing — February 5, 2011, 6:30 p.m. — 8:30 p.m. Laurie LaMotte Memorial Park - --- EEA Young Eagles Rally (Free Airplane Rides — Kids 8-17 years old) — February 12, 2011, 9:00 a.m. —1:00 p.m. Centerville Lake : ; Annual Lions Fishing Contest — February 12, 2011, Centerville Lake, 11:00 — 2:00 p.m. �' _ : City Council 11il�eti�g-- February 23, 20l 1, 6:3U p.m. Gou�cil Chambers --- _ _ - � League of MN Cities 2011 Leadership Conference for Newly Elected Officials — February 25 & 26, 2011 — Brooklyn Park City Council Meeti.ng — March 9, 2011, 6:30 p.m. Council Chambers Board of Appeal & Equalization — Apri127, 2011, 6:30 p.m. Council Chambers CITY HALL CLOSED February 21, 2011 in 4bservance of President's Day � �o� �,, UTILITY BILLS ARE DUE FEBRUARY 15, 2011 CITY OF CENTERVILLE CITY COUNCIL MEETING . January 26, 2011 8:35 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on January 26, 201 l, at City Ha11, 1880 Main Street. PRESENT: Mayor Tom Wilharber �. .� Council Member Jeff Paar .:+ � :. �:�': *�:: �: <�. � Council Member D. Love arrived at 8:37 ��*� {�� `'�� k +: F , :. .. :}, j•�' }. Council Member Steve King ' i '�� _�� " 4� ' {�• { t' t: .i ABSENT: Council Member Ben Fehrenbacher STAFF: City Administrator Da11as Larson I. CALL TO ORDER Mayor Wilharber called the Ja.nuary 26, 2011, City Council meeting to order at 8:35 p.m. II. INPUT HEARING(S) None. III. APPROVAL OF AGENDA II � Motion bv Council Member Paar. seconded bv Council Member King to approve the agenda as uresented. All in favor. Motion carried. IV. APPROVAL OF COUNCIL MINUTES 1. January 12, 2010 Citv Council Meeting Minutes Council member Love azrived during the review of the minutes. Council member King requested that the minutes be amended on page 3, Item 7, � by adding the following sentence: "Council Member King suggested a 10% reduction in Council salaries this yeaz and continuing to next year, if the savings were used for debt service." Motion bv Council Member King, seconded bv Council Member Paar to app rove the Januarv 12, 2011. Citv Council Meeting Minutes as amended. All voted in favor. Motion carried. 1 City of Centerville Council Meeting Minutes January 26, 2011 V. CONSENT AGENDA � 1. Cit of Centerville Janu 13 2011 throu Janu 26 2011 Claims Y �'3' � , � �'Y (Check 26076-26102) (Pages 5 & Sa) 2. Centennial Fire Department Claims through January 18, 2011 (Check #4646-4677) (Page 6) 3. Centennial Lakes Police Department Claims through January 13, 2011 (Checks 8161-8211 Page 7) 4. Parks & Recreation Committee Request for Allocation/Dedication of Donated Funds from Dead Broke Saddle Club-$2500 - Future Sand Volleyball Court @ Laurie LaMotte Memorial Park 5. Parks & Recreation Committee Request for Funding the 3'� Annual8K Walk/Run — Not to Exceed $1500 per attached Budget (Page 9) Council Member Love requested that item #4 be removed for discussion. Motion bv Council Member Paar, seconded bv Council Member Love to apnrove the Consent A�enda items 1, 2, 3& 5. All in favor. Motion carried unanimouslv. Council Member Love questioned the information relating to the proposed volleyball court. He was concerned that nothing had previously been approved in this regard and no information was presented on what the project would cost nor where the additional money would c me from. � Parks and Recreation Committee Member Pat Branch was present for the discussion. He agreed that Parks and Recreation Committee should have provided more information to the Council. Item 4 was tabled pending receipt of additional information from the Committee. VI. AWARDS/PRESENTATIONSiAPPEARANCES None. VII. OLD BUSINESS None. VIII. NEW BUSINESS i None. IX. ANNOUNCEMENTS/LTPDATES Page 2 of 3 2 - City of Centerville Council Meeting Minutes January 26, 2011 1. Citv Administrator Dallas Larson reported on the progress and schedule for filling the Police Chief position at Centennial Lakes Police Department. 2. Council Member King reviewed information from the North Metro Cable Commission meeting that he recently attended. X. ADJOURNMENT Motion bv Council Member Paar, seconded bv Council Member Love to adiourn the Januarv 26, 2011, Citv Council Meeting at 9s00 n.m. All in favor. Motion carried unanimouslv. Transcribed by: Dallas Larson, City Administrator � I Page 3 of 3 3 CENTERVILLE, MN 02/03/11 11:OOAM Page 1 � � ; *Check Summary Register0 ei% terviC�Ce ' '�'lwsrn(�ti:�it.f L4± ' FEBRUARY 2011 Name Check Date Check Amt � 10100 CENTRAL BANK Paid Chk# 000114EPUBLIC EMPLOYEES RETIREMENT 2/3/2011 $3,322.54 PERA PYMT FOR PAY PERIOD 3 Paid Chk# 000115EIRS/EFTPS 2/3/2011 $6,696.39 FED PAYRbLI TAXES - PAY PERIOD Paid, Chk# 000116EMINN. DEPT OF REVENUE 2/2/2011 $1,312.95 MN STATE PAYROLL TAX - PAY PER Paid Chk# 000117EWELLS FARGO 2/2/2011 $1,512.54 H.S.A. PYMT - PAY PERIOD 3 Paid Chk# 008993 DIXON, JACOB M. 2/3/2011 $269.55 PAY PERIOD 3 Paid Chk# 025066 WEKSETH, JAMES 12/29/2009 ($40.00) VOIDED CK-P & Z MEETINGS 10-6-09 & 12-1- Paid Chk# 026103 A-1 HYDRAULIC SALES & 2/9/2011 $38.72 2001 STER�tNG AUGER HOSE & FIT Paid Chk# 026104 ANOKA COUNTY 2/9/2017 $24.10 ANOKA COUNTY FEES Paid Chk# 026105 AVENET, LLC 2/9l2011 $550.00 ANNUAL SERV. PACKAGE THRU 1-31 Paid Chk# 026106 BANYON DATA SYSTEMS INC 2/9/2011 $780.60 WINUB SUPPORT FOR 2011 Paid Chk# 026107 CALIFORNIA CONTRACTORS 2/9/2017 $176.16 PIGSKIN DRIVERS GL & SAFTEY GL Paid Chk# 026108 CENTENNIAL LAKES POLICE 2/9/2011 $54,801.83 POLICE SERVICES - FEB. 2011 Paid Chk# 026109 CENTERPOINT ENERGY 2/9/2011 $1,323.62 6970 LAMOTTE, 1880 MAIN, 1785 PELTIER, 7087-20 Paid Chk# 026110 ClTY OF ClRCLE PINES 2/9/2017 $6,158.90 20i 1 POLlCE BLDG PYMT Paid Chk# 026111 HUGO FEED MILL & ELEVATOR 2/9/2011 $15.97 OPERATING SUPPLIES Paid Chk# 026112 KEY AUTOMOTIVE SERVICE 2/9/2011 $100.42 SUPPLIES Paid Chk# 026113 KRIS SWEENEY/PETTY CASH 2l9/2011 $72.44 REtMBURSE PETTY CASH DR#1 -HU Paid Chk# 026114 LEAGUE OF MN CITIES 2/9/2011 $20.00 2011 SAFETY & LOSS CONTROL WOR Paid Chk# 026115 MENARDS - FOREST LAKE 2/9/2011 $128.85 SUPPLIES Paid Chk# 026116 NATIONWIDE RETIREMENT 2/9/2011 $460.00 DEF COMP W/H - PAY PERIOD 3 Paid Chk# 026117 OLSON'S SEWER SERVICE, INC. 2/9/2011 $3,959.54 REPAIR WATER MAIN LOCATED AT 7 Paid Chk# 026118 OTTER LAKE ANIMAL CARE 2/9/2011 $132.40 ANIMAL CARE - CASE 11-010441 Paid Chk# 026119 PC SOLUTIONS, INC. 2/9/2011 $767.36 3 YR SONICWALL SUPPORT Paid Chk# 026120 PRESS PUBLICATIONS 2/9/2011 $279.00 ORD. #39, ORD. #40 & ORD #41 Paid Chk# 026721 QWEST 2/9/2011 $572.47 651-429-3232 - PNONE SERV THRU Paid Chk# 026122 SECURITY CONTROL SYSTEMS, 2/9/2011 $192.38 SERVICE CITY HALL ALARM SYSTEM Paid Chk# 026123 SHANNON MELLOY/ REO 2!9/2011 $84.75 REFUND OVER PYMT ON 7135 SHAD Paid Chk# 026124 TRI-STATE BOBCAT, INC. 2/9/2011 $1,632.27 REPAIR/MAINTTO BOBCAT Paid Chk# 026125 WEKSETH, JAMES 2/9/2011 $40.00 REPIACEMENT CK #25066 DATED 12 Paid Chk# 026126 WHITE BEAR LOCKSMITH 2/9/2011 $36.60 REPAIR LOCKS AT WARMING HOUSE Paid Chk# 501135EBI-WEEKLY ACH 2/3/2011 $20,037.99 PAY PERIOD 3 Total Checks $105,460.34 "'`NOTE: THERE W1LL BE AN UPDATED LIST OF DISBURSEMENTS FOR APPROVAL ON 02-09-2011. W I � • . � � 4 9 '� # i O O � tl p O # ; ! p Q � ' � 4 P p C � p 0 � � •� � ..;'i�', � � � � Q � ...x*:_:� . 4 CENTENNIAL LAKES POLICE DEPT Check Register - Police GL without invoice numbers Page: 1 C Issue Dates: 1/25/2011 -1/27/2011 Jan 27, 2011 03:21 PM Report Criteria: Report type: Summary GL Check Ck No Description Check Period Issue Date Payee Amount 01/11 01/27/2011 8212 ANOKA CO CHIEFS OF POLICE ASSN DUES SHELLUM 237.00 01l11 01/27/2011 8213 CITY OF CENTERVILLE 2010 FORFEITURE FUNDS 12,477.45 01/11 01/27/2011 8214 CITY OF CIRCLE PINES 2010 FOFEITURE FUNDS 12,477.45 01/11 01/27/2011 8215 CONNEXUS ENERGY DEC ELECTRIC 2,451.43 01/11 01/27/2011 8216 DELL MARKETING L.P. 3 COMPUTERS 6,443.66 01/11 01/27/2011 8217 GRAINGER LIFESAVER THROW BAGS 514.41 01/11 01/27/2011 8218 KEEPRS, INC GLOCK TRAINING GUN 508.71 01/11 01/27/2011 8219 CITY OF LEXINGTON 2010 FORFEIl"URE FUNDS 12,477.45 01/11 01/27/2011 8220 MATTHEWS LUNCHES INTERVIEWS 109.27 01/11 01/27/2011 8221 NEXTEL COMMUNICATIONS CELL PHONES 278.86 01/11 01/27/2011 8222 PUBLIC SAFETY EQUIPMENT LLC CERTIFICATION RADAR/LASER UNITS 300.00 01/11 01/27/2011 8223 PURCHASE POWER POSTAGE 207.99 01/11 01/27/2011 8224 TWIN CITY GARAGE DOOR CO DOOR MTC 444.94 01/11 01(27/2011 8225 UPPER MIDWEST COMM POLICING FEB INTERIM DiRECTOR 9,575.00 Grand Totals: 58,503.62 M= Manual Check, V= Void Check 5 I SECTION I: LIABTLITY COVERAGE WAIVER FORM i Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: . ' :� If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000. on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optionat excess liability coverage. � If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000., regardless of the number of claimants. �, If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claiman.ts. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coyerage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. accepts liability coverage limits of $ from the League of Minnesota Cities Insurance Trust (LMCIT). Check one: � The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. ❑ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Z� �`� Signature � �'�.- Position ��'*''« �;rc��k•� Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103-2044 I 6 � Minnesota Lawful Gambling Page � orz ��o Application fee for each event LG220 Application for Exempt Permit �ta �ication ostmarkedorreceived: An exempt permit may be issued to a nonprofit organization that: less than 30 days more than 30 days - conducts lawful gambling on five or fewer days, and before the event before the event - awards less than $50,000 in prizes during a calendar year. �100 $50 ORGANIZATION INFORMATION cn�k # $ Organization name Previous gambling permit number �- l� �YL � 1 C-V L i 5 l.-A.l�-+' �G ! 1 G C� l.L_�L� Type of nonprofit organization. Check one. � Fratemal � Religious � Veterans � Other nonprofit organization Mailing address City State Zip Code County 7 � �oi �or �c�ce� � �eY►f'erUi�l� %�?`� �.-i.�o3� f1�j;� ' IVame of chief executive officer (CEO) Daytime phone number Email address �ce..�'h�r �o-rr� �ifz. �v`cz.lc� �.5"i- `��9-7�3� 5�' evtsr us-�rv�il ,ne:.f Attach a copy of ONE of t following for proof of nonprofit status. Ch k one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not pr�f of nonprofit status. ❑ Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Buildi�g, St. Paul, MN 55155 Phone: 651-296-2803 , � IRS income tax exemption [501(c)] letter in you� organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer � contact the IRS at 877-829-5500. j � IRS - AfRliate of nationat, statewide, or internation I parent nonprofit organization (charter) I If your organization falls under a parent organization, attach copies of both of the following: I a. IRS letter showing your parent organization is a nonprofd 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. d IRS - proof previously submitted to Gambling CoMrol Board I, If you previously submitted proof of nonprofit status from the IRS, no attachment is required. I� GAMBLING PREMISES INFORMATION I Name of premises where gambling activity will be conducted (for raifles, list the site where the drawing will take place) ', c3� •(� �ir1��1 i� V��S 'T �r iS �l � m wl t� f'� �.e.v� t� Address (do not use PO box) City Zip Code Counry �� 9� ► ' 1� lZo '11 �'�D;"sff U5.9 - �� r�v ; e cz c� �r ✓r � � Date(s) of activity (for raifles, indicate the date of the drawing) Su� d� , � �"-I� , ao I � hedc the box or boxes t indicate the type of gambting activity your organization will conduct: � Bingo' � Raifles � Paddlewheels* � Pull-Tabs" ❑ Tipboards" * �amWing equipment for pull-tabs, bingo paper, tipboards, and paddlevdheels must be obtained t�om a distributor licensed by the Also complete Gambling Control Board. IXCEPTION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from another organization authorized to conduct bingo. Print Form To find a licensed distributor, go to www.gcb.state.mn.us and didc on List of Ucensed Distributors, or catl 651-639-4000. Reset Form 7 LG220 Application for Exempt Permit Page 2 of 2 ��o LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official is not required to sign the application. ' The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). days. �The application is denied. The apptication is denied. Print county name Print city name On behalf of the county, l acknowledge this application, On behalf of the cify, / acknowledge this application. Signature of county official receiving application Signature of city official receiving application TiUe Date / / (Optionalj TOWNSHIP: On behalf of the township, I Title Date / / acknowledge that the organization is applying for exempted gambling activity within township limits. [A township has no statutory authority to approve or deny an apptication [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Ti�e Date / / CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and retum #o the Boa wit in 0 days of the date of our gamblirrg activity. Chief executive officer's signature � Date ,k.�; l��' A 4l ( Complete a separate application for each gambing activity: anciat report and recordkeeping required - one day of gambling activity, A financial report form and instructions will be sent with - two or more consecutive days of gambling activity, your permit, or use the online fill-in form available at - each day a raifle drawing is held www.gcb.state.mn.us. Wrthin 30 days of the activity date, Send application with: complete and retum the financial report form to the - a copy of your proof of nonprofit status, and Gambling ConVol Board. - application fee for each event. Make check payable to "State of Minnesota " To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseviile, MN 55113 Print Form Reset Form the Board wrill be able to process your information; Minnesota's De This form will be made available in altemative partment of ' format (i.e. large prinf, Braille} upon request °r9anization's application. Your organiza6on's public Safety; Attomey General; Data privacy notice:The information requested name and address unli be public information Commissioners of Administration, Minnesota when received by the Board. All other Mana ement & Bud on this form (and any attachments) will be used ��ormation provided will be private data until 9 get, and Revenue; by the Gambling Control Board (Board) to Legislative Auditor, �ational and intemational determine your organization's qualifications to �e Board issues the permit. When the Boarc! ��bfing regutatory agencies; anyone pursuant issues the pem+it, all information provided will to court order; other individuals and a encies be involved in lawful gambling aetivities in g Minnesota. Your organization has the right to become public. If the Board does not issue a speafically authorized by state or federal law to refuse to supply the ir�formation requested; Permit, all information provided remains private, have access to the information; individuals and however, 'rf your organization refuses to supply W�� e excepHon of your organization's name agencies for which law � legal order authorizes and address which will remain public. Private this information, the Board may not be able to a new use or sharing of information after this detertnine your organization's qualifications data are available to: Board members, BoarcJ Notice was given; and anyone with your written staTf wh work i s a and, as a consequence, may refuse to issue a ose requ re ccess to the �sent. permit If you supply the information requested, , $ I DRAFT DRAFT DRAFT 2/3/�--------------------------------------------------------------------------------------------------------.... �e�d: iis�rzoii _ � �eteted: 1/2R�zo11 § 90.01 DEFINTTIONS. For the pwpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMAL. Any mammal, reptile, amphibian, fish, arachnid, birds (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. ANIMALS shall be classified as follows: (1) Domestic. DOMESTIC ANIMALS shall mean those animals commonly accepted as domesticated household pets. Unless otherwise defined, these animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, white mice and rais, ferrets, domesticated rabbits, fish, nonpoisonous, non-venomous and non-constricting reptiles or amphibians and other sunilar animals. (2) Nondomestic. NONDOMESTIC ANIMALS shall mean those animals commonly considered to be nativally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety and welfare of people. Animals normally kept outside of the home for the purpose of food or __ __ � pleasure, namely wild dogs, wild cats, cattle, sheep, horses, �oats, birds_such as_fowl, _ t�es, falcons and similaz animals, are included in addition to those defined: -~ oeieted; (a) Any member of the large cat family (family felidae) including lions, I tigers, cougars, bobcats, leopards and jaguars, but excluding cominonly accepted domesticated house cats; (b) Any naturally wild member of the canine family (family canidae) ' including wolves, foxes, coyotes, dingoes and jackals, but excluding commonly accepted domesticated dogs; (c) Any crossbreeds such as the crossbreed between a wolf and a dog, � unless the crossbreed is commonly accepted as a domesticated house pet; i (d) Any member or relative of the rodent family including any skunk ' (whether or not de-scented), raccoon or squurel, but excluding those members ott►erwise defined or commonly accepted as domesticated pets; (e) Any poisonous, venomous, constricting or inherently dangerous member of the reptile or amplubian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators; and ( fl Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this definition, including but not limited to bears, deer, monkeys and game fish. 9 I DRAFT DRAFT DRAFT 2/3/201 �,---------------------------------------------------------------------------------------------------------------==�'__- ae�eted: iisir�oii '� �e�eted: �nsizoii (3) Farm. FARM ANIMALS shall mean those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, I � th imal ese an s shall mclude members of the equine family (horses and mules), bovuie family (cows and bulls), sheep, poultry (chickens and turkeys), fowl (ducks and geese), swine (including Vietnamese pot-bellied pigs), goats, bees and other animals associated � with a farm, ranch or stable. ------------------------------------------------------------------- �eietea: . -•-------------------------- ' �§ 90.05 FARM ANIMALS. �------- Formatbea: Normai ]ustified, Tabs: 0", Left + 0.3", Left + 0.6", Left + 0.9", Left + 1.2", left + 1.5°, Left + Farm animals shall only be kept in an agricultural district of the city or on a i.s^, Left + 2.i^, �ett + 2.a^, �ett residential lot of at least ten acres in size, provided that no animal shelter shall be within + 2•�"� �t + 3^, �ett + 3.3^, �ett + 3.6", Left + 3.9", Left + 4.2^, 300 feet of an adjoining piece of property_ �ett + a.s�, �eft + a.s^, �eR + 5.1", Left + 5.4", Left + 5.7", Left + An exc tion shal be made to this section for those asumals brou into the ci as art _ 6 "- �ft + 6.3^, �ert + 6.e^, �eft + eP }-------------------------------------------------- - - 6.9", Left � of education, an operating zoo, veterinarian clinic, scientific research laboratory or a�;; �-�.. Coinmenh If we move Bees m licensed show or exhibition. �, 9o.oz�n then "ALso" is �t n ecessary. (Ord. #24, adopted 10/27/1999) ��;�a� �- -------- --�- -- � Inserted: also § 90.02 RESTRICTIONS � - - - -- ----- - -- --- _. -. -- ---- . .__.--_.. - oe�etea: ¶ -- _._. ___._. � --... _ . _. . - - (D) �Ionev Bee�, Notwithstandina other provisions of this chapter a nerson m� kee� ,. --_- _-_ —_ -. honey bee colonies on an�,premises after first obtaining a license as provided in this �rmatted Font. ttatic _� `,, - _ ,_ _ _�_ --- subsection. No license shall be issued except in compliance with this section. �� Bees � (1) Lot size shall be a minimum of one-half acre. R `'�;•:: -� oe�eted: ¶ � --Y-----= =— __ _ 1 (2) No more than two honey bee colonies shall be allowed . Forn�atted Font: Not Italic � � Hives shall be setback from pronerty lines a minimum of 25 feet ��; .. ._—� � 4) Permission must be obtained from owne of all ro ertv abuttin the ro osed site -- �--- -"------ -" � p�— � � p _._-- Comment: What happens if a neighbor � (5) Applicant must document at least 16 hours of training in beekeepin� and ��S r�u �a? Mayt� � t��n �6� The colonv shall be maintained in good order and not be a nuisance to any member of � g �� e Hence my s ugges u n t'o � the public. '� � ; 10 DRAFT DRAFT DRAFT 2/3/2011 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE # SECOND SERIES AN ORDINANCE AMENDING CITY CODE , CHAPTER 90, SECTIONS 90.01 and 90.05 THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: Section 1. City Code Chapter 90, Section 90.01 is hereby amended by substituting the following defmitions for definitions with the same name: (2) Nondomestic. NONDOMESTIC ANIMALS shall mean those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety and welfare of people. Animals normally kept outside of the home for the purpose of food or pleasure, namely wild dogs, wild cats, cattle, sheep, horses, goats, birds such as fowl, falcons and similar animals, are included in addition to those defined: (3) Farm. FARM ANIMALS sha11 mean those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, these animals shall include members of the equine family (horses and mules), bovine family (cows and bulls), sheep, poultry (chickens ' and turkeys), fowl (ducks and geese), swine (including Vietnamese pot-bellied ' pigs), goats, honey bees and other animals associated with a farm, ranch or stable. Secrion 2. City Code Chapter 90, Section 90.02, is hereby amended by adding a subsection (D) as follows: (D) Honey Bees. Notwithstanding other provisions of this chapter, a person may keep honey bee colonies on any premises after first obtaining a license as provided in this subsection. No license sha11 be issued except in compliance with this section. � (1) Lot size shall be a minimum of one-half acre, ` (2) No more than two honey bee colonies shall be allowed, (3) Hives shall be setback from property lines a minimum of 25 feet, (4) Permission must be obtained from owners of all property abutting the proposed site, (5) Applicant must document at least 16 hours of training in beekeeping, and (6) The colony shall be maintained in good order and not be a nuisance to any member of the public. 11 DRAFT DRAFT DRAFT 2/3/2011 Section 3: Effective Date: This ordinance shall be effective immediately upon its passage and publication of the summary attached as Exhibit A, according to law. I �I PASSED AND DULY ADOPTED this day of , 2011 by the City Council of the City of Centerville. Tom Wilharber, Mayor ATTEST: Teresa Bender, City Clerk � � I . 12 DRAFT DRAFT DRAFT Z/3/2011 Exhibit A Summary of Ordinance _, Second Series Notice is hereby given, that on , 2011, Ordinance Number _, Second Series, entitled "AN ORDINANCE AMENDING CITY CODE, CHAPTER 90, was adopted by the City Council of Centerville, Minnesota. Notice is further given that due to the lengthy nature of the ordinance, the City Council has directed that this title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd. 4. Notice is further given that a complete printed copy of the ordinance is available for inspection by any person during normal business hours of the City Clerk, 1880 Main St., Centerville, MN, or will be mailed to anyone requesting it by telephone (651) 429- 3232. Notice is further given that the general purpose of the ordinance is to amend the code as it relates to keeping of honeybees in the city. Section 1. This section amends the definition of non-domestic and farm animals to define honeybees as farm animals. �, Section 2. This section amends the regulations to allow keeping of honeybees in residential areas of the city, subject to conditions. Section 3. This section provides that the effective date shall be upon publication of this summary. Notice is further given that the Council has by a minimum 4/5 vote approved this public notice on the day of , 2011. Teresa Bender, City Clerk Published in the Citizen on , 2011 13 2335 Highway 36 W � St. Paul, MN 55113 Tel 651-636-4(00 Fax 651-636-1311 i �C,pC►1�� www.bonestroo.com �p,� - 5 20 �� Bonestroo December 28, 2010 Bob Voilhaber Forest Lake Contracting �� -- , �- � �� 14777 Lake Drive � i , _ ' - ' , � '� � � �' � .� ; � Forest Lake, MN 55025 (; ,� ` ; ;' �� DEC 3 � 2010 '' Re: Peltier Lake Drive Area Street and Utility Improvements '`'��' `��' � City of Centerville � . � � : -- --- Client Proje�t No.: 2009.01 ° .- - ° -�----�-- �.�_�� Bonestroo Project No.: 000616-09169-0 Dear Mr. Vollhaber: On October 22, 2010, we sent a letter to your office accompanying the final pay request for your signature. The letter addressed our stance on several items including liquidated damages and the Ciearwater Drive Work Change Directive. In an email to the City's finance director, dated December 10, 2010, you stated that you continue to take issue with four (4) items. Those items were: 1. Rain Garden pay quantity discrepancy- need to agree on final quan�ty 2. Clearwater Drive improvements (Work Change Direcdve): City has paid oniy 25% of cost of improvements- FLC requests payment in fuil less $980 3. Payment for moneys withheld as Liquidated Damages 4. Payment of interest charges on late partiaF payments The following are our positions on each of these outstanding issues. Rain Garden Pay Quanti Discrepancy The contract documents clearly indicate in Section 02935 — 3.07.A: "Bid Items have been provided for Construct Rain Garden. Measurement shall be by the square foot as measured at the "overtiow" line of the Rain Garden. Payment shali incfude all Work, materiai shown on the drawing details, preparation, placement, maintenance, and guarantee and replacement indicated in the Drawings and this and all directly associated Sections." The quantities shown on the final pay request represent our measurements of the rain gardens by the square foot at the overflow line. This is the specified method of ineasurement for this item. These measurements were taken by either Chris Long (Bonestroo) or Greg Burmeister (City of Centerville) during the project as the areas were marked in the field. Additionally, we have verified these numbers by examining the record plans created by surveying each rain garden in detail as required by the Rice Creek Watershed District. i , 14 C7ty of Centervl/le page 1 Pe/tie� Lake Orive Street and Uti/ilylmp�ovements December28, Z010 It is our understanding that you are contesting this pay item on the basis that you've placed more Rain Garden Pianting Media (sand) than would be expected based on our measurements and the rypical sections on the pian. In order for us to consider your argument, we need to have some documentation from you. This should include a record of your foreman's measurements of each rain garden's "overflow" line. If this information is not available, we may consider looking at load tickets for each truckload of sand that was hauled in. We may, then, be able to do the math to arrive at a square foot number. To date, we have not received either of these pieces of documentation. Per section 01200 — 1.03.6, and 1.04.C.1 you are to provide'�...documentation to substantiate Bid Unit Price work." Clearwater Drive Improvements As explained in our October 22"� letter, this work was ordered as a Work Change directive. 10.01 Au�orized Changes in the Work A. Without invalidaGng the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such daument, Contractor shall promptly proceed with the Work involved which will be perEormed under the applicabfe conditions of the Contrad Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustrnent in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefore as provided in Paragraph 10.05. � You performed the work as the contract calied for, but did not submit a claim as called for in Paragraph 10.05 of the General Conditions and as modified by the Supplementary Conditions in the proper time frame or format. Therefore, as outlined below, the Engineer's Decision as to appropriate compensation stands. This decision is reflected in the pay request submitted for yourapprovaL 30.05 Claims A. Engineer's Decision Required: All Clairr�, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a wndition precedent to any exercise by Owner or Contractor of any rights ar r�medies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the daimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to subsbntiate a Gaim shall rest with the party making the Claim. Notice of the amount or extent of the Qaim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additlonal time for daimant to submit additional or more aaurate data in support of sudi Claim). A Claim for an adjustrnent in Contract Price shall be prepared in accordance with Uie provisions of Paragraph 12.01.6. A Gaim for an 15 City of Centervi!/e Page 3 Pe/tier Lake Orive Street and Utility Improvements Decembe� 28, Z010 adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. B. Each Claim shali be accompanied by claimanYs written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing parly shall submit any response to Engineer and the claimant within 30 days after receipt of the ciaimanYs last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it woutd be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Eng+neer does not take action on a Cla+m with+n said 30 days, ttie Cla+m shaN be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 30.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Gaim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 30.05. The supplementary conditions amend the above language as follows: SG10.05.B - Amend the first sentence of Pardgraph 10.O5.B by replacing fihe words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.B by repiacing the words "60 days" with the words "30 days." Payment for Monies Withheld as Liguidated Damages Again, we have stated that this matter is considered closed due to the lack of a timely and formal submittal of a claim. Additionally, we find that there has been no submittal, timely or otherwise, of documentation to support an argument justifying the exceedence of the contract times. Payment of Interest Charges on Late Partial Payments Failures to make partial payments in a timely manner, if any, have been solely the result of the inadequacy or tardiness of documentation to substantiate unit price work. This documentation is required under Section 01200. Since it appears that we have received all required documentation from you to close the project we will proceed toward final payment. The engineer's recommendation for close-out and final payment will be presented to the Ciry Council for action on January 26, 2011, unless we receive documentation on rain gardens quantities as noted above. As to the other ciaims, unless you can establish that we are mistaken in how we have applied the contract language, we will consider those issues resolved. Please provide any additional documentation to this office no later than 16 C7ty of Cente�vi/!e Page 4 Pe/tler Lake Dr/ve Street and Utility Improvements Aecember 28, 2010 January 24, 2011. If you wish, you may attend the City Council meeting of January 26, 2011, to request that they consider your claims over the engineer's recommendation. In any event, it is expected that a Council decision on close-out and final payment will be made on that date. The City attorney has reviewed this letter and generaliy concurs with its content. Piease feel free to contact me if there are any questions. Sincerely, BONESTROO �� ' Mark Statz, PE City Engineer 651-604-4709 cc: Dallas Larson — City of Centerville � 17 2335 Highway 36 W • St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 � www.bonestroo.com December 28, 2010 -� � Bonestroo s � �N�� Bob Vollhaber � Forest Lake Contracting ��N _ 5 2011 14777 Lake Drive Forest Lake, MN 550Z5 � T: ;, '�i; ,. k�, i, , f , ; _.. _ �; �, Re: 2009 Street Improvements �� i� ir City of Centerviile t; ;; DEC 3 0 2010 I;; ;; �. _. � Client Project No.: 2009.02 g � ._ Bonestroo Project No.: 000616-09170-0 _ --� -- ---__------- ' �_=�,= _—� . _ _ _._ . . . .___ _,..�.? Dear Mr. Volihaber: On October 22, 2010, we sent a letter to your office accompanying the final pay request for your signature. The letter addressed our stance on liquidated damages. In an email to the City's finance director, dated December 10, 2010, you stated that you continue to take issue with three (3) items. Those items were: 1. Rain Garden pay quantity discrepancy- need to agree on finat quantity 2. Payment for moneys withheld as Liquidated Damages 3. Payment of interest charges on late partial payments The following are our positions on each of these outstanding issues. Rain Garden Pay Quanti Discrepancx The contract documents clearly indicate in Section 02935 – 3.07.A: "Bid Items have been provided for Construct Rain Garden. Measurement shal! be by the square foot as measured at the "overflow" line of the Rain Garden. Payment shall include all Work, material shown on the drawing details, preparation, placement, maintenance, and guarantee and replacement indicated in the Drawings and this and all directly associated Sections." - � The quantities shown on the final pay request represent our measurements of the rain gardens by the square foot at the overflow line. This is the specified method of ineasurement for this item. These measurements were taken by either Chris Long (Bonestroo) or Greg Burmeister (City of Centerville) during the project as the areas were marked in the field. Additionally, we I have verified these numbers by examining the record plans created by surveying each rain garden in detail as required by the Rice Creek Watershed District. I It is our understanding that you are contesting this pay item on the basis that you've placed more Rain Garden Planting Media (sand) than would be expected based on our measurements and the typical sections on the plan. In order for us to consider your argument, we need to have i some documentation from you. This should include a record of your foreman's measurements of 18 pty of Cente�vilJe p� 1 2009.SYr�etlmprovements Oc�cember28,1010 each rain garden's "overflow" line. If this information is not available, we may consider looking at load tickets for each truckload of sand that was haulc�cl in. We may, then, be able to do the math to arrive at a square foot number. To date, we have not received either of these pieces of documentation. Per section 01200 — 1.03.B, and 1.04.C.1 you are to provide ��...documentation to substantiate Bid Unit Price work." payment for Monies Withheid as Liquidated Damages First, it should be made clear that the liquidated damages enforced on this contract reflect the extended completion date granted in Change Order Number 2(CO #2). This change order was signed by Forest Lake Contracting, Inc. and was approved by the City Council. It granted an eight day extension to both the substantial and �nal completion dates as originally specified in the contract. Again, we have stated that this matter is considered closed due to the lack of a timely and formal submittal of a claim. Additionally, we find that there has been no submittal, timely or otherwise, of documentation to support an argument justifying the exceedence of the contract times beyond the completion date (revised by CO #2). Below are excerpts from the contract documents outlining the claims process which was not followed. 10.05 Gaims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shaU be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Nobce: Written nodce stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract prompdy (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Nobce of the amount or extent of the Gaim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustrnent in Contract PNce shall be prepared in accordance with the provisions of Paragraph 12.O1.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. B. Each Gaim shall be accompanied by daimanYs written statement that the adjustment daimed is the entire adjushnent to which the daimant believes it is entiUed as a result of said event. The opposing party shall submit any response to Engineer and the daimant within 30 days after receipt of the claimanYs last submitta! (unless Engineer allows additional time). C. Engineer's Action: Engineer wiil review each Qaim and, witt�in 30 days after receipt of the last submittal of ti�e claimant or the last submittal of the opposing party, if any, take one of die following acGons in writing: i. deny tt�e Gaim in whole or in part, 2. approve the Claim, or �9 I i Cfty of Centervi/le Page 3 2009 Street Improvements December28, 2010 3, notify the parties that the Engineer is unabie to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of furtt►er resolution of the Ciaim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Gaim within said 30 days, the Gaim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or deniat pursuant to Paragrephs lO.OS.C.3 or ' 10.05.D will be finai and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 witfiin 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times wiii be valid if not submit�ed in accordance with this Paragraph 10.05. The supplementary conditions amend the above language as follows: SC-10.05.6 - Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.6 by replacing the words "60 days" with the words "30 days." Payment of Interest Charges on Late Partiai Payments Failures to make partial payments in a timely manner, if any, have been solely the resuit of the inadequacy or tardiness of documentation to substantiate unit price work. This documentation is required under Section 01200. Since it appears that we have received all required documentation from you to close the project we witi proceed toward finai payment. The engineer's recommendation for close-out and final payment will be presented to the City Council for action on January 26, 2011, unless we receive documentation on rain gardens quantities as noted above. As to the other claims, unless you can establish that we are mistaken in how we have applied the contract language, we will consider those issues resolved. Piease provide any additional documentation to this office no later than January 24, 2011. If you wish, you may attend the City Cauncil meeting of January 26, 2011, to request that they consider your claims over the engineer's recommendation. In any event, it is expected that a Council decision on close-out and final payment will be made on that date. The City attorney has reviewed this letter and generally concurs with its content. Piease feel free to contact me if there are any questions. � Sincerely, BONESTROO � �- • Mark Statz, PE City Engineer 651-604-4709 i cc: Dallas Larson — City of Centerville, Kurt Glaser — City Attorney I 20 Minnescta Minnesota Department of Natural Resources 500 Lafayette Road • St. Paui, MN • 55155 o�v�u�wrwwarro� w►nrauu.�ouaca January 21, 2011 City of Centerville, 1880 Main Street Centerville, NIN 55038 Attention: Mike Jezoirski, Finance Director Dear Mr. Jezoirski: Enclosed are three copies of a pending Grant Agreement with the Deparhnent of Natural Resources, Division of Forestry. The start date of this agreement is February l, 2011 or the da.te the contract is fully executed. This agreement runs through June 30, 2012. Please have these agreements signed by those with the authority to sign contracts. Send all copies back to me and I'11 secure the required state signature. After this Grant Agreement has been fully executed, I'11 forward a copy to you. Note Section 5.02, Conditions Precedent to Any Advance. In order for the Grant Contract to be fully executed, the DNR Division of Forestry must have received all items required in Section 5.02, including the following completed (and signed, where signatures are required) e�ibits to the Grant Agreement: • Attachment IA— CERTIFICATION* • Exhibit A to the Certification — General Description of Restricted Property — this is a narrative or graphic description of the property where the grant will be used. • Attachment IB — DECLARATTON* • Exhibit A to the Declaration — Legal Description of Restricted Property — this is a legal description of the property where the grant will be used. • Attachment II- SOURCE AND USE OF FiJNDS FOR TI� PROJECT — this identifies all the sources of funds you will use to complete the project and all project costs. ', • Attachment III - GRANT APPLICATION ' * DNR's Community Forestry staff will review the scope of your project and advise you as to whether you need to execute a Certification, execute a Declaration and record it in the real property records, or both. Questions or concerns should be directed to our technical staff - Ken Holman, DNR Bonding Grants Adminislrator, at 651-259-5269 or Andrea Dierich at 651-259-5295. Sincerely, � � �� " Karen Bednarczyk Contract Consultant cc: Ken Holman and Andrea Dierich — Central Office www.mndnr.grn AN EQUAL OPPORTUNIiY EMPLOYER Z�a PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST-CONSUMER WASTE 21 , ��'�'I'� QF l�FE1�E��ITA ��h�� Q$I.I��S,"�"�Ql� �fl1VD �'I��C�E�� T'�" CQ1 Accounting Information Agency: R29 Fiscal Year: 10 Vendor Number: 053209001 00 Total Amount of Contract: $7,200.00 Amount of First FY: Commodity Code: 023 09 Commodity Code: Commodity Code: Object Gode: SB20 Object Code: Ambunt: $7,200.00 Amount: Amount: Acct Dist 1: Acct Dist 2: Acct Dist 3: Fund: 500 Fund: Fund: Appr: 357 APPr� APpr: Org/Sub: 372? Org/Sub: Org/Sub: Activity: 3505 Activi . Activity: Amount: $7,200.00 Amount: Amount: Contract Number: B52113 Begin Date: February l, 2011 End Date: June 30, 2012 Crrant Name and Address for filing and payment purposes: City of Centerville, 1880 Main Street Centerville, MN 55038 Attention: Mike Jezoirski, Finance Director �I 22 �e�erai C�bii�a:tion �o�d �roceeds �raffit �greearfe�t for Tree Item�val �nd I�epia.�ting TFIIS t�.GREEIF�ENT shall be effective as of February 1, 2011 and is between City of Centerville, a politica.l subdivis'ion of the State of Minnesota (the "Public Entity"), and the Department of Natural Resources, 500 Lafayette Road, St. Paul, MN 55155-4044 (the "DNR"). RECITAI.S A. The DNR has created and is operating a diseased shade tree removal and replacement . program (the "State Program") under the authority granted by Laws 2008, ch. 179, sec. 7, subdiv. 21 (the "State Program Enabling Legislation"). Under the State Program, the recipients of a grant must use such funds to identify, remove, dispose of and replace dead or dying shade trees located on public property that are lost to forest pests or disease. B. Under the State Program, the DNR is authorized to provide grants that are funded with proceeds of state general obligation bonds authorized to be issued under Article XI, Sec. 5(a) of the Minnesota Constitution. C. The Public Entity submitted a grant application to the DNR (the "Grant Application") attached as Attachment III in which the Public Entity requested a grant from the State Program, the proceeds of which will be used for the purposes set forth in such grant application. D. The Public Entity has been selected by the DNR for a receipt of a grant from the State Program in an amount of $7,200.00 (the "Program Grant"), which proceeds must be used by the Public Entity to perform those functions and activities imposed by the DNR under the State Program and set forth in the Grant Application. ', E. The Public Entity's receipt and use of the Program Grant to improve real property (the "Real I, Property") will cause the Public Entity's ownership interest in all of the Real Property to become "state bond fmanced property", as such term is used in Minn. Stat. Sec. 16A.695 and in the "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget ("r�IlV�") and dated August 26, 2010, as amended, even if such funds are being used to improve only a portion of the Reai Property. G. The Public Entity and the �NR desire to set forth herein the provisions relsting to the granting and disbursement of the Program Grant to the Public Entity and the operation of the Real Properiy. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows: Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set forth below, unless the context specifically indicates otherwise: 2 23 "Agreement" - means this General Obligation Bond Proceeds Grant Agreement for Tree Removal I and Replanting. "Certification" — if applicable, means a certif'ication in the form attached as �.ttact�a�e�t �A., in which the Public Entity acknowledges that its interest in all or part of the Real Property is bond financed ro e within the me I anin of Minn p p rty g . Stat. Sec. 16A.695 and is subject to certain restrictions irnposed ther Y• "Code" - means the Internal Revenue Code of 1986, as amended from time to time, and a11 treasury � regulations, revenue proceciures and revenue n2lings issued pursuant thereto. , "Commissioner's Order" - means the "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of � and dated August 26, 2010, as amended. "Declaration" - if applicable, means a declaration in the form attached as Attachment IB, indicating that the Public Entity's ownership interest in the all or part of the Real Properiy is bond financed properiy within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby. "Event of Default" - means one or more of the events set forth in Section 2.05. "G.O. Bonds" - means that portion of the state general obligation bonds issued under the authority granted in Article XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the Program Gran� and any bonds issned to refund or replace such bonds. "Project" - means the Public Entity's identification, removal, disposal of and replacement of dead or dying shade trees located on the Real Property that are lost to forest pests or disease. "Public Entity" - means the entity identified as the "Public Entity" in the lead-in paragraph of this Agreement. "Real Property" - means the real property located in the County of Anoka, State of Minnesota, legally described in Exhibit A to the Certification attached as Attachment IA and/or generally described in Exhibit A to the Declara.tion attached as Attachment iB. "Useful Life of the Real Property" - means 30 years. Article II GRANT � Section 2.01 Grant of Monies. The DNR shall make the Program Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the DNR or the Commissioner of A�IlVIB under certain circumstances. I � Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Rea1 Property must be owned by one or more public entities. Such ownership may be in the form of fee ownership andlor an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and walrants to the DNR that it has, or will acquare, a fee simple and/or an easement 3 24 ownership interest in the Real Properly, and, in addition, that it possesses, or will possess, all easements necessary for the operation, maintenance and management of the Real Properiy. Section 2.03 �Tse af CraIIt Frocee�s. The Public Entity shall use the Program Grant solely to reimburse itself for expenditures it has already made, or will make, for identification, removal, disposal of and replacement of dead or dying shade trees located on the Real Property that are lost to forest pests or disease, and may not use the Program Grant for any other purpose. Section 2.04 Public Entity Represent�tions and Warranties. The Public Entity represents and z�varrants to the DNR as follows: A. It has legal authority to enter into, execute, and deliver this Agreement and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the Program Grant for the purposes described in the State Program Enabling Legislation. C. It has legal authority to operate the State Program and the Real Property for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. D. T'his Agreement and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforoeable against the Public Entity in accordance with � their terms. E. It will comply with all of the terms and conditions of this Agreement and all other documents referred to herein. I F. It will comply with all of the provisions and requirements of Minn. Stat. Sec. 16A.695, the Commissioner's Order, and the State Program. G. It has made no material false statement or misstatement of fact in connection with its receipt of the Program Grant, and all of the information it has submitted or will submit to the DNR , or the Commissioner of MIvIB relating to the Program Grant or the disbursement of the Program Grant is and will be true and correct. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or a�y governmental authority which would impair its ability to enter into this Agreement, the Certification and/or the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. I. Neither the execution and delivery of this Agreement, the Certification and/or the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. 4 25 J. The contemplated use of the Real Property will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record re.lating thereto. � K. The Project has been or will be completed in full compliance with all applicable laws, rules, ordinances, and regulations issued by any federal, state, or Iocal political subdivisions having . jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. It has complied with the matching funds requirement contained in Section 6.20. , N. It will not, without the prior written consent of the DNR and the Commissioner of MI��, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity's ownership interest in the Real Property, whather such lien or encumbrance is su erior or sub ordinate to p the Declaration if a licable . � PP ) O. It reasonably expects to possess the ownership interest in the Real Property described in Section 2.02 for the entire Useful Life of the Real Property, and it does not expect to sell such ownership interest. P. It will supply whatever funds are needed above and beyond the amount of the Progam Grant to complete and fully pay for the Project. Q. For that portion of the Real Property (if any) as to which the State Entity or the Public Entity has received a waiver from MIvvIB of the requirement that the Public Entity record a Declaration pursuant to Section 6.02(b) of the Commissioner's Order, the Public Entity will promptly execute a Certification and deliver a copy thereof to the DNR and to M1V1B (attention: Capital Budget Coordinator). For that portion of the Real Property {if any), as to which the Public Entity has not received a waiver from MMB of the requirement that it record a Declaration, it has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the DNR and to MIvIB that contains all of the recording information. � R. It shall furnish such satisfactory evidence regarding the representations and warranties ' descrihed herein as may be required a��d requested by either the DNR or the Commissioner of MIlv1B. Section 2.05 Events of Default. The following events shall, unless waived in writing by the DNR . . . and the Commissioner of T�IlVIB, constrtute an Event of Default under this Agreement upon either the DNR or the Commissioner of MIvvIB giving the Public Entity 30 days written notice of such event and the Public Entity's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the DNR and the Commissioner of MMB. . A. If any representation, covenant, or warran made b the Public Enti in this tY Y Ty Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the 5 26 . DNR to disburse any of the Program Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. � B. If the Public Entity fails to fully comply with any provision, condition, covenant, or warranty contained in this Agreement, the Certification andlor the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, condition, covenant, or warranty in Minn. Stat. Sec. 16A.695, the Commissioner's Order, or the State Program Enabling Legislation. D. If the Public Entity fails to provide and expend the full amount of the matching funds required for the Project under Section 6.20. E. If the Public Entity fails to deliver the Certification and/or record and deliver the Declaration described in Section 2.04.Q. Notwithstanding the foregoing, any of the events set forth above that cannot be cured shall, unless waived in writing by the DNR and the Commissioner of MI��, constitute an Event of Default under this Agreement immediately upon either the DNR or the Commissioner of M1��IB giving the Public Entity written notice of such event. Section 2.06 Remedies. Upon the occurrence of an Event of Default and at any time thereafter ' until such Event of Default is cured to the satisfaction of the DNR, the DNR or the Commissioner of NIl�IB may enforce any or all of the following remedies. A. The DNR may refrain from disbursing the Program Grant; provided, however, the i DNR may make such disbursements after the occurrence of an Event of Default without thereby I waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other then the provisions contained in Sections 4.01 or 4.02, then the I Commissioner of T�IlvIB, as a third party beneficiary of this Agreement, may demand that the � Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of NIlvIB. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MNIB, as a third pariy beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had be,en full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of Ml�l�IB. D. Either the DNR or the Commissioner of Ml��, as a third pariy beneficiary of this � Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the DNR or the Commissioner of MI��IB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision of this Agreement within 30 days of demand by the Commissioner of MMB, or any 6 27 amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the Dl�R and/or the Commissioner of M1�ZB, then such amount may, unless precluded by law, be taken from or offset against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.07 T�'oiificatiau of �vegt of I3efault. The Public Entity shall furnish to the DNR and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement settin forth details of ea.ch Event . g of Default or event w i h ch with the givmg of nohce or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. i Section 2.08 Surviv�l of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.10 and at the end of its term in accordance with Section 2.09. � Section 2.09 Term of Grant Agreement. This Ageement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property to the date on which the Real Properiy is first used for the operation of the Governmental Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of M1��IB shall execute whatever documents are needed to release the Real Property from the effect of this Agreement and the Declaration, iF any. Section 2.10 Modification and/or Early Termination of Grant. If the full amount of the Progam Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, or such later da.te to which the Public Entity and the DNR may agree in writing, then the DNR's obligation to fund the Program Grant shall terminate. In such event, (i) if none of the Progam Grant has been disbursed by such date, then the DNR's obligation to fund any portion of the Program Grant shall terminate and this Agreement shall terminate, and (ii) if some but not all of the Program Grant has been disbursed by such date, then the DNR shall have no further obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect. This Agreement shall also terminate upon the Public Entity's sale of its ownership interest in the Real Properiy in accordance with the provisions of Article III and transmittal of all or a portion of the proceeds of such sale to the Commission� of NIIvIB in compliance with Article III, or upon the termination of Public Entity's ownership interest in the Real Properiy if such ownership interest is by way � of an easement. Upon such termination the DNR shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity's ownership interest in the Real Property, from the effect of this Agreement, the Certification and/or the Declaration. Section 2.11 Ezcess Funds. If the full amount of the Progam Grant and matching funds referred to in Section 6.20 (if any) are not needed to complete the Project, then, unless language in the State Prograin Enabling Legislation indicates otherwise, the Program Grant shall be reduced by the amount not needed. 7 � 2$ .�rticle•� SA,L� The Public Entity shall not sell any part of its ownership interest in the Real Property unless all of the following have been complied with fully: (i) the sale is made as authorized by law, (ii) the sale is for fair market value (as defined in the Commissioner's Order), and (iii) the written consent of the Commissioner of MIvvIB has been obtained. The proceeds of any such sale shall be distributed as set forth in Minn. Stat. Sec. 16A.695 and the Commissioner's Order. �,rticle N COI�LIAI�CE VVITH 1VIIl�TN. STAT. SEC.16A..645 Al'�T�2 THE CQMMISSIONER'S ORDER Section 4.01 State Bond Financed Property. The Public Entity and the DNR acknowledge and agree that the Pubtic Entiiy's ownership interest in the Reat Property is, or when acquired by the Public Entity will be, "state bond financed property", as such term is used in Mirui. Stat. Sec. 16A.695 and the Commissioner's Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity's ownership interest in the Real Property. Section 4.02 Preservation of Tax E�empt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or use or invest the Program Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinking funds," and "replacement proc�ds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 of the Code. I B. It will deposit into and hold all of the Program Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the CommissioneT of M1vvIB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the GO Bonds. D. It will, upon the occwrence of any act or omission by the Public Entity or any Counterparty, that could cause the interest on the GO Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of M1VIB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such aetion may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a"qualified bond" within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, 1997-1 CB 632, or (iii) changing the nature of the use of the Real Property so that none of the net proceeds of the G.O. Bonds will be used, direetly or indirectly, in an "unrelated trade or business" or for any "private business use" (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) comptiance with other Code provisions, regulations, or � revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the Program Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to 8 29 mainta.in such ta�c exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all� lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 4.03 Chsnges to T�"i�tn. Stat. 5ection 16A.6S5 or the Cammissioner's Qrder. If the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity's ownership interest in the Real Property is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the DNR shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity's ownership interest in the Real Property from Minn. Stat. Sec. 16A.695 or the Commissioner's Order. �S.rticle V g��JRSE1�vIERTT' OF GR�NT PROCEEDS Section 5.01 Disbursement of Grant. Upon compliance with all of the conditions set forth in Section 5.02, the DNR shall disburse the Program Grant to the Public Entity in one lump sum. The DNR's obligation to disburse any of the Program Grant shall terminate as of the date specified in such Section even if the entire Program Grant has not been disbursed by such date. The Program Grant shall only be for expenses that (i) are for those items of a capita.l nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writing, by the DNR and the Commissioner of MMB. Section 5.02 Conditions Precedent to Disbursement of Gran� The obligation of the DNR to disburse the Program Grant to the Public Entity is su ject to the following conditions precedent: A. The DNR shall have received a request for disbursement of the Program Grant specifying the amount of funds be'vng requested, which such amount shall not exceed the amount of the Program Grant set forth in Recita.l D. B. The DNR shall have received a duly executed Certification and/or Declazation that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. C. The DNR shall have received evidence acceptable to the DNR that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement, the Certification and/or the Declaration, and (ii) this Agreement, the Certification and/or and the Declaration are binding on and enforceable against the Public Entity. D. The DNR shall have received evidence acceptable to the DNR that the Public Entity has completely paid for the Project and all other expenses that may occur in conjunction therewith. E. The DNR shall have received evidence acceptable to the DNR that the Public Entity is in compliance with the matching funds requirements in Section 6.20, if any, and that all of such matching funds have been expended for the Project. F. The DNR shall have received evidence acceptable to the DNR that all required permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or 9 30 those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. G. No Event of Default under this Agreement or event which would constitute an Event of Default but for tlae requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. H. The Public Entity has supplied to the DNR all other items that the DNR may reasonably require. Article VI 1VIISCELLANEOUS Section 6.01 Condemnation. If after the Public Entity has acquired the ownership interest set forth in Section 2.02, all or any portion of the Real Property is condemned, any condemnation proceeds which are not used to acquire an interest in additional real property needed by the Pubiic Entity to continue its use of the remaining Real Property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner's Order as if the condemned portion of the Public Entity's ownership interest in the Real Property had been sold. If the Public Entity elects to sell its ownership interest in the remaining portion of the Real Property, such sale must occur within a reasonable time period from the date the condemnatiom occurred and the cumulative sum of the condemnation proceeds plus the proceeds ' of such sale must be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner's Order, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. I As recipient of any of the condemnation proceeds referred to herein, the DNR agrees to and will � disclaim, assign or pay over to the Public Entity all f such condemnation proceeds it receives so that the ' Public Entity can comply with the requirements of this Section. Section 6.02 Record Keeping and Reporting. The Public Entity shall maintain books, records, I documents and other evidence pertaining to the costs or expenses associated with the Project needed to I comply with the requirements of this Agreement, Minn. Stat. Sec. 16A.695, the Commissioner's Order, ' and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the DNR, auditors for the DNR, the Legislative Auditor for the State of ', Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit or copy all of such items. The Public Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain all of such items for a period of 6 yeazs from the date that the Project is fully completed. Section 6.03 Inspections by DNR Upon reasonable request by the DNR and without interfering with the normal use of the Real Property, the Public Entity shall allow the DNR to inspect the Real Property. Section 6.04 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant or the Project to comply with all of the provisions of the Minnesota Government Data Practices Act contained in Minn. Stat. Chapter 13. Section 6.05 Non-Discrimination. The Public Entity agrees ta not engage in discriminatory employment practices regarding the Project, and it shall fully comply with all of the provisions contained in Minn. Stat. Chapters 363A and 181. 10 31 Section 6.06 �fi�or£�er's �o�p��sat�o�. The Public Entity agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182 with respect to the Project. Section 6.07 .�ntitre�st Clai�s. The Public Entity hereby assigns to the DNR and the Commissioner of n�IlV� all claims it may have for over charges as to gaods or services provided with respect to the Project, and operation or management of the Real Property that arise under the antitrust law s of the State of Minnesota or of the United States of America. Section 6.08 Legislative Notification. Prior to beginning work on the Project, the Public Entity shall notify the Chairs of the Minnesota �tate Senate Finance Commattee, the Minnesota House of Representatives Capital Investment Committee and the Minnesota House of Representatives Ways and Means Committee that the work to be performed is ready to begin. Section 6.09 Prevailing Wages. The Public Entity agees to comply with all of the applicable provisions contained in Minn. Stat. Chapter 177, and specifically those provisions contained in Minn. Stat. Secs. 177.41 through 177.435 with respect to the Project. Section 6.10 Liabitity. The Public Entity and the DNR agree that they will be responsible for their own acts and the results thereof to the extent authorized by law, and neither shall 6e responsible for the acts of the other party and the results thereof. The liability of the DNR and the Commissioner of MIlV1B is governed by the provisions contained in Minn. Stat. Sec. 3.736. If the Public Entity is a"municipality" as such term is used in Minn. Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of such Chapter 466. . Section 6.11 Relationship of the Parties: Nothing in this Agreement is intended or should be construed in any manner as creating or establishin the relationship of co-partners or a joint venture between the Public Entity, the DNR, or the Commissioner of I�l�IlV1B, nor shall the Public Entity be considered to be an agent, representative, or employee of the DNR, the Commissioner of MIVVIB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property. The Public Entity represents that it has already or will secure all personnel required for the performance of this Agreement and the Project. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement and the Project shall have no contractual relationship with the DNR, the Commissioner of MMB, or the State of Minnesota and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment inctuding, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its I officers, agents, contractors, or employees shall in no way be the responsibility of the DNR, the Commissioner of D�IlVIB, or the State of Minnesota. Such personnel or other.persons sha11 not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the DNR, the Commissioner of MIvIB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 6.12 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (retum receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: i 11 32 To the Public Entity at: City of Centerville, 1880 Main Street Centerville, MN 55038 Attention: Mike Jezoirski, Finance Director To the DNR at: Minnesota Department of Natural Resources Division of Forestry , 500 Lafayette Road St. Paul, MN 55155 Attention: Ken Holman, Community Forest Program Coordinator To the Commissioner of MIlViB at: Minnesota Deparhnent of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 6.13 Binding Effect and Assignment or Modification. This Agreement and the Certification and/or the Declaration shall be binding upon and inure to the benefit of the Public Entity and the DNR, and their respective spccessors and assigns. Provided, however, that neither the Public Entity ' nor the DNR may assign any of its rights or obligati ns under this Agreement or the Declaration without �, the prior written consent of the other pariy. No change or modification of the terms or provisions of this � Agreement or the Certification and/or the Declaration shall be binding on either the Public Entity or the � DNR unless such change or modification is in writing and signed by an authorized official of the party or against which such change or modification is to be imposed. '�, Section 6.14 Waiver. Neither the failure by the Public Entity, the DNR, or the Commissioner of ' M1vvIB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the '� complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the DNR, or the Commissioner of MIvIB, as a third party beneficiary of this Agreement, to exercise any right, privile�e, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the DNR, or the Commissioner of Ml��, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 6.15 Entire Agreement. This Agreement, the Certification andJor the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the DNR, and there are no other agreements, either oral or written, between the Public Entity and the DNR on the subject matter hereof. Section 6.16 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Certification and/or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect 12 33 to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 6.17 �e�era�niity. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and efFect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 6.18 �'iine of Esse�ce. Time is of the essence with respect to all of the matters contained in this Agreernent. Section 6.19 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 6.20 1VFatching Funds. The Public Entity must obtain and supply the following matching funds for the Project: None. Section 6.21 Source and Use of Funds. The Public Entity represents to the DNR and the Commissioner of 1��IlvIB that Attachment III is intended to be and is a source and use of funds statement showing. the tota.l cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project. B. The source and amount of all funds needed to complete the Project, including: (i) State funds including the Program Grant, (ii) Matching funds, (iii) Other funds supplied by the Public Entity, (iv) Loans, identifying each such loan and all collateral pledged for repayment of each such loan and (v) Other funds. C. Such other fmancial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses (that is, project expenses paid before the effecrive date of this Agreement) that are to be reimbursed and paid frorn proceeds of the Program Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of M1vIB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, the Public Entity must provide to the DNR and the Commissioner of 1VIlv� a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the DNR or the Commissioner of M1��IB may request to support or explain any of the information contained in Attachment III. Section 6.22 Third-Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the DNR and the State of � 13 34 Minnesota. Therefore, the State of Minnesota, by and through the Commissioner of �, is a third- party beneficiary of this Agreement. Section 6.23 Fut�tic E�fity �$si�s. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 6.24 I31`d� and Commissioner Required t4cts and Approvals. The DNR and the Commissioner of Ml�� shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 6.25 E-Verification. The Public Entity agrees and acknowledges that it is aware of Governor's Executive Order 08-01 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order and impose a similar requirement in any Use Agreement to which it is a party. Section 6.26 Additional Requirements. The Public Entity and the DNR agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control: NONE (The remainder of this page was intentionally left blank) 14 ' 35 . Il!� T'��'I'II�OI�'`�' 1�Ft.EOF, the Public Entity and the DNR have executed this General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting under the diseased shade tree removal and replacement program on the day and date indicated immediately below their respective signatures. giT�LIC El�'�'��`�': City of Centerville, a political subdivision of the State of Minnesota - , By: Name: Its. � Dated: By: Name: � Its: Dated: STATE ENTITY: DEPARTMENT OF NATURAL RESOURCES B Name: Robert Tomlinson Its: Assistant Director, Division of Forestry Dated: ENCUMBERED: I � ��'-� ' � � � - '�--- . �� ; A "untmg Officer Senior � // t � /� Dated: � CFMS Contract #B52113 15 36 AT'F'.�CHl��El�'T �.4: C�R�I�IC.�TI�l�' State of Minnesota: Ge�erai Qbligatiou Bond Finsnced Property The undersigned has a fee simple and/or easement interest in the real property located in the County of Anoka, State of Minnesota that is generally described or illustrated graphically in Exhibit A attached and all facilities situated thereon (the "Restricted Property") and acknowledges that the Restricted Property is State bond-financed property. The undersigned acknowledges that: A. The Restricted Properiy is state bond financed property within the meaning of Minn. Stat. Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget; B. The Restricted Properiy is subject to the provisions of the General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting between the Department of Natural Resources and dated , � �d �', C. T'he Restricted Property shall continue to be deemed state bond financed properly for I 125% of the useful life of the Restricted Properiy or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and , Budget. , Date: , 20 I, I City of Centerville, a political subdivision of the State of Minnesota By: � Name: ' Title: By: Name: Title: 16 37 �x�i�E� � to Cer[[�f�catFO� � ��I��. II�g�1�'�TOT� Q�' �€EE��C�'E� ��ERT� [Insert a narrative or graphic description of the Restricted Property. It need not be a legal description.J � . 17 38 EiTi �A.CI�IvfET�'� � �ECL�4,�'��Ol� State of 1�'Iinnesot� �e�era�! �btig�tion Bond Fin�nced Froperty � The undersigned has the following interest in the real property located in the County of Anoka, State of Minnesota that is legally described in Ezhibit A attached and all facilities situated thereon (collectively referred to as the "Restricted Property"): (Check the appropriate boz.) � a fee simple title, or � an easement, and as owner of such fee title or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or inst�vment used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in the General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting between the Department of Natural Resources and dated (the "G.O. Grant Agreement"). ' The Restricted Property shall remain subject to this State of Minnesota General Obligarion Bond Financed Property Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of flie Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable form signed by both the Coznmissioner of the Department of Natural Resources and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Froperty. This Declaration may not be terminateci, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. 18 39 ' City of Centerville, a poIitical subdivision of the State of Minnesota By: � Name: T.itle: Dated: , 20 STATE OF MINNESOTA ) ) ss: COUNTY OF } The foregoing insirument was acknowledged before me this day of , � by � the of , a political subdivision of the State of Minnesota. Notary Public This instrument was drafted by: Ken Holman Community Forest Program Coordinator Minnesota Department of Natural Resources Division of Forestry 500 Lafayette Road St. Paul, MN 55155 ' 19 40 � E��k�it t�: fo IIecE�.r�t�on �� D�SCR�F�'�OI�T f3� �E�'FI�CT�I3 F1�QPE�T� I I 20 41 � .�.�'�'�.C�IerF � �Q�.�� A.I�� FJ�L QE FETI�'�� F��Y �'� FR(�.��' So�rce of E'nnds �Tse of �unds Identifv Soarce of �unds � A.tnou�t Identifv Items � t�.moa�t � ( Stste GO Funds ��-�-� Items Paid for with � }�� _ Program Grant ;$ � Pro�ram Grant Fands ; � � $ ___.__ _ Qther State P'unds ; ; $ — i � , � S � . � _.^ ' I $ SUUtOtal ' $ ~ Subtotal ________ _� � � $ - - � i Items Paid for wi � Matching Funds � �{ �! _ Non-Program Grant Funds � �� i $ ` $ � - � $ .__ .___._ _ � $ Subtotal , $ � $ � ; .____ � Other Public Entity Funds ; Subtotal �$ i $ � �-- � $ _...� . Sub E Loans � � � j � - ---- - -- —.�.._� � Q e ' .�._._�W '___.._�_'_'�"'.__....."_'_'._..�...___......� ._ Subtotal i $ � � - �� .—..__.� ,_� _._.___T__ ---- _.�_.__. Ot Fu � #- ! � W � � _ - - ---�-�_$� -- - - ---�- � --_ -._ � $ __ � Subtotal I $ €- _ �_ .�.. � � -- - _----I-.-___- __Pre aid Project Expenses � �� _� ��" -� Y � I � __ � 4 $ . .� ._ -- -------i--- k ; Subtotal j $ � � �� .�_ � -- TOTAL FUNDS _� �__ �$� � ` TOTAL PROJECT COSTS ; $ 21 42 - k�.. - �`� �:� C1TY OF CENTERVILLE �_�� - � l�f�l1/Tl'�L Y El1/GI/VEEI�'S I�EPOIQT �� For the February 9, 2011 City Council Meeting 'L;sttt� Italics = New information. Normal = No change from last report. 1. 21� Avenue/Backage Road (000616-05143-0). The plat has been recorded and the wetland and Rice Creek Watershed District permits have been closed out. The only remaining item is the pending court ruling on the assessment to the Sheehy properly. 2. TE Grant Trail Project (000616-08165-0). Construction wil/begin in the spring. 3. 2008 Downtown Storm Water Improvements (000616-08167-0). The three separate contracts for this project have all been awarded and construction has begun. The wet well has been installed and the directional drilling contractor has mobilized and is ready to begin if there is a stretch of more mild weather. The e%trical equipment for the pump and controls will now be housed in the garage which is to be moved to the site in the spring, rather than in the warming house. 4. Peltier Lake Drive Area Street & Utility Improvements (2009.01) (000616-09169-0), 2009 '� Street Improvements (2009.02) (000616-09170-0). Final pay requests for each job have been prepared and sent to the wntractor. The contractor replied with a list of concerns regarding final payment issues. The City responded to this list of concerns with a letter explaining our position on the i issues. We have invited the contractor to atten the February 9 City Council meeting if he wishes to address the councii directly. We will be recommending that the City Council approve the final pay requests at that time. 5. Community Development Block Grant Water Servioes Project (000616-10171-0). The ' proj�ct is nearing mmpletion. To date, 24 of the 25 ser�ices have been ho�oked up to City wate� The I Fnal servic�e will be hooked up as soon as the resident returns from their winter retirement home. Restoration work wiU proceed in the spring. � ��;��,�.�f;�.��:, ��,�.� �� Metro Meetings A weekly calendar of ineetings and agenda items for the Metropolitan Council, its odvisory and standing co�nnsittees, and regional Council sponsared events. The Metropolitan CounciJ is locafed at 390 Robert St N., i�: downtown St. Paul. All n:eetings are held at this location unless otherwise noted. Meeling times and agendas are subject to change. Visit our website at www, nzetrocouncil. orQ for more information. Video of ineetings of the Council and some committees are now available live and archived for later viewing at �vww. metrocounci l.ore Week of January 24 - 28, 20l 1 Monday, January 24 Transportation Committee: 4 p.m., Chambers - General Manager's Report; - Director MTS Report; - Metro Transit Employee Recognition; - Contract for Metro Transit Facilities Drain Cleaning and Disposal Services; - Property Acquisition for Expansion of the Highway 610 & Noble Park and Ride; - I-35W and Lake Street Interchange lnteragency Agreement with Hennepin County; - Central Corridor Light Rail Transit: Cooperative Funding Agreement with Qwest; - Central Corridor Light Rai] Transit: Initiate Eminent Domain on Parce] 9S (Midway Marketplace) for Civil East Construction; - Central Corridor Light Rai] Transit: St. Paul Regional Water Temporary Water Change Order/Civi] East; - Transportation Management Organizations (TMOs) Subgrant Agreement Amendments; - 20l 1 Unified Capital Program Amendment; - 2011-2014 TIP Amendment: Include MnDOT SP#8825-417: Repair Fiber Optic Cables; - 20] 1-2014 TIP Amendmeni: ]nclude MnDOT SP#2785-362: NicolletAve. Bridge Repairs; - 20l 1-2014 TIP Amendment: Add 11 County Preservation Projects which Utilize Additional Federal Funds in FFY 2011; Information - Discount Transit Passes Program: Eligible Charitable Organizations Serving the Homeless; , - Transitways Identity and Branding Framework ]mplementation Recommendations; - Transitway Guidelines Next Steps; and other business. Tuesday, January 25 C anceled• �.,�,;..,,.,.,,o,,. �,,,,,,,,:,,00 Wednesday, January 26 Canceled: "„a:* r,.^,-,^;,.°° ' Canceled: c,....�,.� �. r,�., .,, �,. ...,:,,o Canceled: Metropolitan Council: 4 p.m., Chambers - 2011-2014 TIP Amendment: Metro Transit 5307 Funding for powntown E/W Spine; - Energy Conservation Improvements at Three Garages; - Approval of the 2010 Jobs Acc.ess Reverse Commute (JARC) and New Freedom Solicitation Project Recommendation; - Minnesota State Retirement System Program Unclassified Retirement Plan; - Authorization to Negotiate and Execute Amendment to Construction Cooperation Agreement with City of Carver; - Authorization to Negotiate and Execute Contracts ] OP224B and l OP224C for Full Service Interceptor Architectural / Engineering Services; - Authorization to Hold Public Meeting to Gather Public Input on Revisions to the Waste Discharge Rules; - City of Coon Rapids, Comprehensive Plan Amendment PORT Campus Square; - Denmark Township Comprehensive Plan Amendment, Last Valley SNA; - Authorization to Award General Obligation Refunding Bonds within Established Financial Parameters; - Tax Base Revitalization Account (TBRA) Funding Recommendations; - Ciry of Willernie 2030 Cornprehensive Plan Update, Tier ]I Comprehensive Sewer Plan; Information - Legislative Auditor Report "Governance of Transit in the Twin Cities Region"; - I-35W Bus Rapid Transit Update; - Slideshow: Metropolitan Council's Energy and Environmental Initiatives; Thursday, January 27 No meetings scheduled Friday, January 28 No meetings scheduled Tentative Week of January 31 — February 4, 2011 Monday, January 31 No meetings scheduled Tuesday, February 1 Ca nceled: �-^,.^';*.,., D.,,.L,. ,,.,a n„o„ c...,,.e r,,,... Wednesday, February 2 Technical Advisory Committee to the TAB: 9 a.m., Chambers ' Transportation Accessibility Advisory Committee: 12:30 p.m., Chambers Canceled. �^^,-�:'t°° ^F*w° �,�n,^'° Thursday, February 3 No meetings scheduled Friday, February 4 No meetings scheduled � � ��f ��c�,��f �� c ��, ,: � 1�'etro 1�"eeting� A weekly calendar of ineetings and agena'a items for the Metropolitan Council, its advisory and standing committees, and regional Council sponsored events. The Metropolitan Council is located a1390 RobeM St. N., in downtown S`L PauL All meetings are held at this location untess otherwise noted. Meeting times and agendas are subject to change. Visit our website at www. metrocouncil. orQ for more information. Video of ineetings of the Council and some committees are now available live and archived for later viewing at www. metrocounci l.orQ Week of 3anuary 31— February 4, 2011 Monday, January 31 Special Meeting of the Transportation Committee: 4 p.m., Chambers, 390 North Robert St., St. Paul - G�neral Manager's RepnR; - Director MTS Report; - Conl�act for Metro Transit Facilities Drain Cleaning and Disposal Services; - Property Acquisition for Bxpansion of the Highway 610 & Noble Park and Ride; - I-35W and Lake Street Interchange Interagency Ageement with Hennepin County; - Central Corridor Light Rail Transit: Cooperative Funding Agreement with Qwest; - Central Corridor Light Rail Transit: Initiate Eminent Domain on Parcel9S (Midway Marketplace� for Civil East Construction; - Central Corridor Light Rail Transit: St. Paul Regional Water Temporary Water Change Order/Civil East; - Transportation Management Organizations (TMOs) Subgrant Agreement Amendments; - 2011 Unified Capital Progam Amendment; - 2011-2014 TIP Amendment: Include MnDOT SP#8825-417: Repair Fiber Optic Cables; - 2011-2014 TIP Amendment: Include MnDOT SP#2785-362: Nicollet Ave. Bridge Repairs; - 2011-2014 TIP Amendment: Add 11 County Preservation Projects which Utilize Additional Federal Funds in FFY 2011; Information - Transitways Identity and Branding Framework Implementation Recommendations; - 2011 Transportation Committee Work Plan; and other business. Tuesday, February 1 Canceled: Wednesday, February 2 Technical Advisory Committee to the TAB: 9 a.m., Chambers - TAB Report; - NEPA and Fiscal Constraint Policy Implementation; - New Appointment to TAC and TAC Subcommittee; - Sunset Date Extension Dakota Co. MRT; - Sunset Date Extension Metro Transit Articulated Buses; - TlP Amendment MT TIGGER II Funds; - TIF Amendment for St. Paul TIGER II Complete Streets; - TIP Amendment for MnI)OT TH 169 and 93` St. Interchange; - TIP Amendment MnDOT Cable Median Barriers; - Changes to SHIP Solicitation; - Draft 2011 Solicitation; and other business. Transportation t4ccessibility t�dvisory Committee: 12:30 p.m.; Chambers - Legislative Update; - St. Paul Street Design; - Task Force Update-CCLRT; - Metro Mobility Statistics; and other business. C�nceled: Thursday, February 3 No meetings scheduled Friday, February 4 No meetings scheduled Tentative Week of February 7-11, 2011 Monday, February 7 � Transitway Guidelines Advisory Committee: 1 p.m., Chambers Community Development Committee: 4 p.m., Chambers Tuesday, February 8 � Environment Committee: 9:30 a.m., Chambers Wednesday, February 9 Audit Committee: 12 noon, Lower Levet A a Central Corridor Maaagement Committee: 1 p.m., Chambers ! Management Committee: 2:30 p.m., Lower Level A ' Metropolitan Council: 4 p.m., Chambers l i Thursday, February 10 I TAB Policy Committee: 12:30 p.m., Chambers TAC Planning Committee: 2 p.m., Lower Level A Friday, February 11 No meetings scheduled