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Home My WebLink About1997-03-26 - CC Packet - (Admin.) / s ( CITY OF CENTERVILLE CITY COUNCIL AGENDA WEDNESDAY, MARCH 26, 1997 CALL TO ORDER: APPROVAL OF MINUTES: 1. January 15, 1997 - Workshop Meeting 2. February 4, 1997 - Workshop Meeting 3. March 8, 1997 -Workshop Meeting 4. February 26, 1997 - Council Meeting Minutes PAYMENT OF CLAIMS: 1. City of Centerville - March 13 - 26 2. Centennial Fire District - March 20 SET AGENDA: PETITIONS AND COMPLAINTS: APPEARANCES: OLD BUSINESS: 1. Surface Water Management Plan (SWMP) A. Barritt Lovelace of MSA - present to discuss up dates on the SWMP 2. Zoning Ordinance Revisions - Work Scope/Budget NEW BUSINESS: 1. Letter -Paul Palzer 2. Electrical Inspector Contract 3. Garbage Contract COMMITTEE REPORTS: ADMINISTRATOR REPORT: 1. Council Table and Chairs CONSENT AGENDA: ADJOURN REI"IINDER APRIL 2 PELTIER LAKE DRIVE INFORMATIONAL I IEETINO 0" P.I"I. TOO � v City Council Workshop Meeting Minutes of January 15, 1997 CITY OF CENTERVILLE CITY COUNCIL SENIOR HOUSING WORKSHOP JANUARY 15, 1997 Pursuant to due call and notice thereof, the City Council of the City of Centerville held a Senior Housing Workshop on January 15, 1997, at City Hall. Mayor Tom Wilharber called the workshop meeting to order at 5:05 P.M. PRESENT: Tom Wilharber Theresa Brenner Mary Jo Helmbrecht Laura Powers- Rasmussen ABSENT: Sanna Buckbee STAFF /CONSULTANT: Jim March, City Administrator Ry -Chel Gaustad, City Clerk David Nyberg, City Engineer Margaret Langfeld, Anoka County Commissioner Tim Yantos, Anoka County Deputy Administrator Scott Knutson, Community Partners, Inc. Fran Dunbar, Dunbar Development Corporation Mayor Wilharber explained the purpose of this workshop is to discuss Senior Housing. Mayor Wilharber explained Council member Theresa Brenner was spearheading the Senior Housing Project in Centerville. Council member Brenner introduced Tim Yantos, Anoka County Deputy Administrator, whom introduced Margaret Langfeld, Anoka County Commissioner then he addressed Senior Housing. itlr. Yantos explained the history of Senior Housing in Centerville. Mr. Yantos reported the land and market study was completed by Community Partners, Inc. Mr. Yantos introduced Scott Knutson, Community Partners who was the primary editor of the land and market study. Mr. Knutson elaborated on the land and market study. Mr. Knutson explained the three primary studies conducted: secondary data, local interviews and locally generated information. The secondary data included population, senior citizen future forecasting and accounting for current seniors in the area. Based on the 23 senior residents interviewed, Community Partners identified the want and desire for senior housing locations and amenities. Locally generated information consisted of the area's Senior Housing, the interest of 43 local prospective renters and potential future candidates. Community Partners, Inc. worked in the demographic area in analyzing current senior housing and conducting surveys. Mr. Knutson discussed "A Summary of Findings" (EXHIBIT A). Mr. Yantos explained the City of Ham Lake has a 49 -unit Senior Housing Development projected to be completed in March. The complex is already booked. Mr. Yantos introduced Frank Dunbar of Dunbar Development Corporation who has worked on many senior housing design projects. Mr. Dunbar expressed concern with the feasibility of sewer and water. Further, since this area is in high demand, the land prices are shooting up. Mr. Dunbar asked the status of the Archdiocese decision regarding the church property. Council member Brenner reported the church was not interested in selling their property. Mr. Dunbar addressed other possible locations such as behind City Hall. Mr. Dunbar favored the City Hall location especially for access to sewer and water and in addition the property is owned by the city. Mr. Dunbar reported the project should start this spring. Bids should go out now as prices are going through the roof Mr. Yantos indicated $58,000 was the housing goal but as they worked the figures the costs were well over budget. Further, if the County pays for the land and utilities the cost would be out of reach. Therefore, they tried to achieve all the wants and desires of the seniors in smaller units. Nfr. Dunbar addressed the proposed units within the complex. There will be three types of units available. First, are a one bedroom and one bathroom unit. Second, is a one bedroom, one den plus two bathroom units. Finally, there will be two bedrooms, two bathroom units. All the units will include a microwave, garbage disposal, washer and dryer. Mayor Wilharber asked, " how many acres are needed for the Senior Housing Project ?" Mr. Dunbar responded two acres. Mayor Wilharber spoke to Fire Chief Milo Bennett and he has no plans to expand the Fire Department. Mayor Wilharber mentioned, both water and sewer will be available on the 11.1 acres purchased by the city. Council member Helmbrecht asked if T.I.F. monies were available. Mr. Dunbar mentioned the Senior Housing Projects are tax exempt. March asked if the County would be able to help financially. Mr. Yantos explained if the city uses union labor at competitive wages - the Union would throw in $50,000. March asked how the surrounding Senior Housing Projects were doing. Mr. Knutson mentioned Circle Pines has 28 vacancies. March asked who is responsible for the vacant units. Mr. Yantos said the city is responsible for payment of rent on all vacant units. Council member Brenner mentioned there maybe other properties available. If Tourville property is sold to a developer, perhaps the city could acquire two acres for Housing in place of park dedication. Mr. Yantos explained at an earlier meeting several people voiced interest in Senior Housing. Vacancies are filled on a first come, first served basis. Council member Powers - Rasmussen mentioned she was not completely interested using the property behind City Hall, but 2 was in favor of other options such as the Tourville Property. Council member Powers- Rasmussen suggested placing the Senior Housing close to LaMotte Park since the park would benefit almost everyone in every age. Mayor Wilharber mentioned the City Attorney has not been contacted in regards to the use of the park dedicated land for Senior Housing but he was in favor of researching the issue. Council member Helmbrecht asked if another route could be available into the Senior Complex behind City Hall. Mr. Dunbar explained this is an optional location, but other routes could be researched. March questioned the restrictions on the tenants in the building and asked to allow Centerville residents have first option. Mr. Yantos mentioned, the Centerville residents and relatives of Centerville residents will have first option. Dan Tourville, 6994 Centerville Road, voiced concern with the Senior Housing located behind City Hall. The site would need soil corrections, has no area for expansion and is near the flood plain. Mr. Dunbar mentioned placing the Senior Housing next to a ball park may cause an issue with the tenants. Joan LaMotte, 1695 Main Street, felt the seniors would appreciate the activities, noise and the walking area. Mr. Yantos explained the city should consider locations and building designs. Council member Brenner mentioned $11,000 of the CDBG funds were dedicated to Senior Housing. Council member Helmbrecht asked where the CDBG funds could be used. Mr. Yantos said the funds could be used for soil correction, purchase of Ian , several different uses, Mr. Dunbar mentioned the rent includes heating, cooling, insurance, maintenance and electrical. Council member Helmbrecht asked, "Who manages the Facility ?" Mr. Yantos replied, Great Lakes Mortgage Company does the facility marketing, leasing and maintenance. Mayor Wilharber summed up the City's remaining issues to be addressed: -Land - Utilities -Park Dedication Land -Barott or Tourville location Council member Helmbrecht suggested, T.I.F. be investigated to see if it can be used. Mr. March asked, the annual percentage increase. Mr. Dunbar replied about 2 percent per annum. Mr. Tourville asked, who would be backing the bonds? Mr. Yantos replied, the City would back the bonds to ensure the best rate. Tourville asked, if the City had a say in the matter. Mr. Yantos said yes, the City and County would enter into a Joint Powers Agreement. Mayor Wilharber thanked everyone for coming to the meeting. Meeting adjourned at 6:15 P.M. Respectfully Submitted, Ry -Chel Gaustad, City Clerk 3 (EXHIBIT A) Senior Housing Workshop January 15, 1997 Centerville Senior Housinzr Study June, 1996 SUMMARY OF FINDINGS The City of Centerville and the Anoka County Housing and Redevelopment Authority engaged Community Partners, Inc. to conduct a Senior Housing Needs Analysis for the City of Centerville. Recommendations were to focus on the number of units supportable in the area, type of housing concept (unit mix and sizes, building features and services), and rents most appropriate for the market. Community Partners, Inc. is recommending a cottage style project with a unit mix of 4 to 6 one bedroom units, 4 to 6 one bedroom/den units and 6 to 8 two bedroom units. The one bedroom units should range from 750 to 850 square feet with rents of $450 to $500 per month to accommodate as many senior households at various income levels as possible. The one bedroom plus den units should be 900 to 950 square feet with rents of $510 to $575 per month. We recommend two bedroom units of 950 to 1,100 square feet with rents of $585 to $650 per month. Based on the amount of interest generated by seniors in the study area combined with the lack of market rate senior housing in the study area and an expanding senior household base, we are projecting that 25 percent of all units will be pre - leased with the remainder of the units leasing at a rate of 3 to 4 units per month. This translates to a total lease -up period of months from the date of initial occupancy, based on a 16 to 20 unit project. Three potential senior housing sites have been identified, which upon preliminary review, have the amenities necessary for a successful senior project. It is estimated that there are approximately 20 low income senior households with short term interest (three year) and seven low income senior households with immediate interest (one year) in the Market Study Area that cannot afford to live the senior housing units that are proposed. Unfortunately, at this time it is not feasible to construct rental units that can be leased at lower rates because of the elimination of State and Federal Programs. However, it is important to monitor various funding sources and to utilize any current funding sources for rental assistance such as the Section 8 and Voucher Programs to assist low income seniors. Growth trends and demographic characteristics were examined, with emphasis on the senior (55 and older) population, for a Market Study Area defined as the municipalities of Centerville and Lino Lakes. The study area experienced substantial increases in population from 1980 to 1995, adding 8,199 persons, an increase of 143.8 percent. Centerville posted an increase of 1,817 persons or 348 percent and Lino Lakes' population base increased by 6,382 persons or 125.5 percent from 1980 to 1995. I i Community Partners, Inc. 3 Centerville Senior Musing Study June 1996 Population, household and employment growth is forecast to remain strong through the year 2000. The study area is expected to add 2,982 households and Centerville is expected to grow by 822 households by the year 2000. In examining the age distribution of persons 55 or older in 1995, the data revealed the number of persons aged 55 or older will increase substantially by the year 2000. The majority of this growth will be concentrated in the younger senior population (those aged 55 to 74), indicating demand for a senior project with few, if any services. TypicaIIy, seniors with household incomes of less than $15,000 per year are a primary market for subsidized housing. Households with incomes of $15,000 to $25,000 per year are a market for moderate -rent senior housing while middle and upper market rents are affordable to seniors with incomes above $25,000 per year. Although senior household incomes in the study area were relatively well distributed among all income intervals, there are not enough households in upper income brackets to support an upper rent project. Thus, we recommend a modest -rent project that would appeal to the largest number of senior households. In addition to the households with incomes of $15,000 or greater, some additional demand may come from households in the $10,000 to $15,000 per year range that have equity in their homes. Currently, the only senior housing project in the study area is, Willow Ponds, the 47 unit Tax Credit Project, located in Lino Lakes, which currently has six vacant two bedroom units. Because of the lack of market rate senior projects within the study area, projects located in communities adjacent to the study area were examined. All of the projects examined are fully occupied with a waiting list or have a very low vacancy rate, with the exception of Oak Hills Manor in Circle Pines, which has 28 two bedroom vacant units. Twenty -three interviews and 43 surveys were conducted to determine senior housing needs in the Market Study Area. The interviews and surveys identified the need for senior housing and provided valuable insights regarding the size of the project and the type of units that should be developed. Community Partners, Inc. 4 City Council Workshop Meeting Minutes of February 4, 1997 CITY OF CENTERVILLE CITY COUNCIL SURFACE WATER MANAGEMENT PLAN WORKSHOP MEETING OF FEBRUARY 4, 1997 Pursuant to due call and notice thereof, the City Council of the City of Centerville held a Surface Water Management Plan workshop meeting on February 4, 1997, at City Hall. Mayor Tom Wilharber called the workshop meeting to order at 5:05 P.M. PRESENT: Mayor Tom Wilharber Sanna Buckbee Theresa Brenner ABSENT: Mary Jo Helmbrecht Laura Powers - Rasmussen STAFF /CONSULTANTS: Jim March David Nyberg Ry -Chel Gaustad SURFACE WATER MANAGEMENT PLAN: David Nyberg, MSA Consulting Engineers briefed the council on the City's Surface Water Supply Plan. Nyberg suggested updating the 1996 Surface Water Supply Plan to include the interconnect. Wilharber suggested discussing the available options with the interconnect and set a time line for completion. Buckbee mentioned, with the industrial base outlook she would like to see the interconnect completed by fall of 1997. Brenner agreed with Buckbee. March suggested having a public informational meeting. Nyberg agreed with March since several of the property owners have large assessments on their properties such as Reel Manufacturing and Carpenter's. Nyberg commented the 1997 Water Supply Plan will be submitted to the Met Council with the interconnect updates. Nyberg asked if the plan should go before the council or be discussed with staff before submitting to the Met Council. Wilharber suggested the City have a better understanding of the needs and benefit to the property owners. Wilharber asked the views of the council. The Council consensus was to discuss the plan with the City Council before submitting to Met Council. Brenner requested the updates be highlighted or underlined. Nyberg addressed the water tower costs. Nyberg explained when he receives the flow requirements he will have a better handle on the water tower project. Wilharber voiced interest in knowing how much money is available from the sewer fund to cover some of the costs. Wilharber felt the city should contribute some funds to cushion the assessment cost. The City Council elected to have a Public Informational Meeting for the 20th Avenue Water Interconnect on February 26, 1997. LAKELAND HILLS Nyberg updated the council with the proposed Lakeland Hills infrastructure concern. Nyberg explained the available looping options are to cross the creek on the north or south end of the creek. Another would be to loop the water main down Peltier Lake Drive then to Centerville Road into the Lakeland Hills Development. Wilharber questioned the costs associated with the project, what funds could the city assist with and if the city would be setting future precedence. The Council elected to hold a public informational meeting on Wednesday, April 2, 1997 at 6:00 P.M. The Council requested staff to publish and notify all property owners affected on Peltier Lake Drive and Centerville Road. MOTION by Brenner, seconded by Buckbee to adjourn the workshop meeting. Motion carried unanimously. The workshop adjourned at 6:55 P.M. Respectfully Submitted, Ry -Chel Gaustad City Clerk City Council Workshop Meeting Minutes of March 8, 1997 CITY OF CENTERVILLE CITY COUNCIL STRATEGIC PLANNING WORKSHOP MARCH S, 1997 Pursuant to due call and notice thereof, the City Council of the City of Centerville held a Strategic Planning Workshop on March 8, 1997, at City Hall. Mayor Tom Wilharber called the workshop meeting to order at 7:35 A.M. PRESENT: Tom Wilharber Mary Jo Helmbrecht Theresa Brenner Sanna Buckbee Laura Powers - Rasmussen STAFF /CONSULTANTS: Jim March, Administrator Ry -Chel Gaustad, Clerk Jim Brimeyer, Brimeyer Group, Inc. Mr. Brimeyer briefed the Council and staff on his background and experience. Mr. Brimeyer began discussion on the Strategic Planning Process. EXPECTATIONS • Set priorities • Attempt a mission statement • Develop an Action Plan • Communicate the Plan to the public • Identify attainable goals M -asure achievement * Stay focused * Create realistic expectations t Education Council Citizens WHO ARE WE? • Old, growing community • Declining rural community • Changing • More new residents • "Small town" feel (church and school) • Younger population • Limited involvement by citizens • Community environment • Families with limited leisure time Commuters Dual careers 2 SOCIALTOLITICAL NEEDS • Provide healthy, safe community - Children to seniors • Provide for youth citizenry • Manage growth -- residential vs. commercial - School capacity - Day care • Work opportunities • Environment protection • Quality development • Redevelopment • Image /appearance • Housing quality 3 WEAKNESSES • Relationship with Advisory Boards • Surrounded by others • Competition from others • Public transportation • Freeway access • Public works image • Public works facilities • Customer service - Image of past practices • Water table • Council personalties (image) • Consultant relationship • Regional park impact - Public safety • Dwell on the past 4 STRENGTHS • Strong administrative staff • Strong Council • Long -term consultants • Responsible citizenry • Improving financial situation • New comprehensive plan • "Star City" designation • Location -- freeways • Regional park proximity - Nature Center • Quality services - Police /fire - Good relationship - Building code - New infrastructure - Recycling • Good school system • Planning process - Park development - Senior housing • Good businesses 5 OPPORTUNITIES • Available land - All uses - Willing developer(s) • Regional park development - Trail - Buildings - Playground - Streets • Location - Collaboration with other agencies • Relocation businesses - Target our choices • Timing in today's market - Office warehouse - Unique businesses • Expansion of exi tin business 6 RESPONSE • Create a balanced community Residential -- good mix Commercial Industrial . Environmental • Quality education - Space - All ages • Youth activity opportunities 7 STAKEHOLDERS • School • County • Church • Adjoining cities • Met council * Taxpayers - Residential - Business * Police * Fire * Employees * State * Consultants * Developers - Existing - Potential • Chamber • Service Clubs • Children /youth • Advisory boards 8 RESPONSE TO STAKEHOLDERS • Good, quality services • Keep their interests in decision - making process • Know what they want • Create "interest" groups - downtown - residential • opportunities - Recreational - Youth • Prudent, wise use of resources PHILOSOPHYNALUES • Conservative spending • Responsive • Listen to stakeholders • Preserve and enhance sense of community • Respect for individual rights 9 UNIQUE • History • Island of land • Old • Lakes • Recycling success • Customer service • Lifelong residency Good feel 10 ISSUES Promote economic development. - commercial and industrial ................ ............................... 6- 8- 7-8 -8-4 = 41 Interconnect water system with Lino Lakes. ................... ............................... 7 -6 -7 -7 = 27 Develop senior housing. ...................... 5- 6-44-8 = 27 New Public Works facility. ...... ............................... 1- 3 -5 -7-6 = 22 Water tower ...................... ............................... 7 -8-6 = 21 Review police services. - contract, share, ourselves ............................... ............ I........ 4 -3 -3 -5 = 15 Implement LaMotte Park design. ......................... I............................ 8-3 = 11 Redevelop downtown area (public /private). ......................... I ................ I ........ .. 14 -5 = 10 Improve Advisory Board role. - Mission - organized - focused - membership quality ............ ............................... 2 -3 -5 = 10 12 THREATS • Developers - Uses - Not part of bigger picture • Lino Lakes - Interchange development - Impact on existing business • Unfunded mandates; levy limits • County projects • School funding • Growth - Too much - Too fast The Council recessed for lunch at 12:15 P.M. The Council reopened the workshop meeting at 1:00 P.M. 11 Retention of existing business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Update ordinances and codify. . . . . . . . . . . . . 4 -4 =8 Moratorium on residential building. (Schools, infrastructure, transportation.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Develop/plan youth activity programs. . . . . . . . . . I . . . . . . . . . . . 1-6 = 7 Continue strategic planning process. . . . . . . . . . . . . . . . I . . . . . . . . . 2-3-1 = 6 Citizen/business survey. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Consider establishing HRA for housing (senior). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Plan for infrastructure repairs and expansion. . . . . . . . . . . . . . . . . . . . . . . . . . . I .................. . . . . . . . . . . . . 4 Trailway on Mill road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Update zoning per Comp. Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . 3 Obtain credit rating. . . . . . . . . . . . . . . . . . . . . . . . . . ............................ 2 Expand and enhance City festivals, events. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 13 Water loop - Peltier Lake Drive ............................ ............................... 2 Review City services /contractual services. Add more staff - office /public works. ........................ ............................... 1 -1 = 2 Develop higher range housing. ............................ ............................... 1 14 ECONOMIC DEVELOPMENT WHAT • Need to get development here • Market vacant land WHY • Tax base • Job opportunities • Self- sufficient city • Service to community CONSEQUENCES • High taxes - Limited base • Relocate closer to work • Maintenance of property - Decreasing values • Take whatever comes in - Quality issue • Seize the opportunity - Timing 15 ECONOMIC DEVELOPMENT - Continued VISION • Broader, diversified tax base -- more commercial /industrial • Quality, desirable business • Quality housing • Demand for existing housing • Self- sufficiency • Provide higher level of services BARRIERS • Time, $, staff • Water capacity • Lack of definition of desirable business • Knowledge of market conditions • Advisory board assistance and development • No clear city plan • Identifiable incentives 16 C ECONOMIC DEVELOPMENT - Continued STRATEGIES • Staff added - Contractual - Temp/lease - Brokers (commission) • Incentives What type • Match the "competition" (know the competition) • Facilities - Water • Market study 17 ECONOMIC DEVELOPMENT - Continued ACTION • Determine what is available: - Market information CA 4/7 - star City information - Economic development information - Available indistrial property Facilities CA 4/30 - Water interconnect and tower - Sewer • Financial plan Engr./ 5/7 Fin. /Cons. - Within context of all projects • Incentive /competition - Survey of businesses in other cities - Establish criteria for incentives CA 4120 18 PUBLIC WORKS WHA • Obsolete facilities • Safety • Equipment storage • Safe, healthful environment • Trashy WHY • Image • Safety • Investment in equipment • Utilities cost CONSEQUENCES • Equipment wear and tear • City image within the community • OSHA violations — liability • Environmental • Morale 19 / S PUBLIC WORKS WHAT • Obsolete facilities • Safety • Equipment storage • Safe, healthful environment • Trashy WHY • Image • Safety • Investment in equipment • Utilities cost CONSEQUENCES • Equipment wear and tear • City image within the community • OSHA violations -- liability • Environmental • Morale 20 POLICE SERVICES WHAT • Contract expiring • Salaries for officers - negotiations • Full 24 -hour service WHY • Growing City • Negotiations • Renew Contract CONSEQUENCES • Costs go up • Cost effectiveness • Political issues ACTION BY WHO WHEN • Fact finding Mayor!CA 7/25 - check out options • Cost - capital, operating, do own CA/ 3 -5 Engr, months * Proposals Council/ 6 -12 CA months * Level of service Council/ 6 -12 citizens, etc. CA months 21 ACTION BY WHO WHEN • Financing options CA/ 6 -I2 - pay for building F.C. months . Bonds (tie to housing) • Maintain existing size of building CA/ - Joint use P.Works 6 -12 Council months Mayor • Begin the search CA/ 6 -12 Mayor months • Env. -new site CA/ 6 -12 - Soils Engr. months Meeting was adjourned at 4:15 P.M. Respectfully Submitted, Ry —Chel Gaustad City Clerk 22 CITY OF CENTERVILLE CITY COUNCIL MEETING FEBRUARY 26, 1997 Pursuant to due call and notice thereof, the City Council for the City of Centerville held a watermain interconnect informational meeting and their regularly scheduled council meeting on February 26, 1997, at City Hall. Acting Mayor Mary Jo Helmbrecht called the council meeting to order at 603 PM. PRESENT: Mary Jo Helmbrecht Theresa Brenner Sanna Buckbee ABSENT: Mayor Tom Wilharber Laura Powers - Rasmussen STAFF /CONSULTANTS: Jim March David Nyberg Ry -Chel Gaustad APPROVAL. OF MINUTES: MOTION by Brenner, seconded by Buckbee to table the February 26, 1997, council meeting minutes. Motion carried unanimously. PAYMENT OF AIM Centennial Fire District February 20, 1997 MOTION by Brenner, seconded by Buckbee to approve the Centennial Fire District disbursements. Motion carried unanimously. City of Centerville February 13 - 26, 1997 MOTION by Helmbrecht, seconded by Buckbee to approve February 13 - 26, receipts and disbursements. Motion carried unanimously. SET AGENDA: Rv- Chel's permanent employment Pawn Shop Ordinance Carol Pickle - Complaint MOTION by Buckbee, seconded by Brenner to approve the set agenda. Motion carried unanimously. City Council Meeting, February 26, 1997 WATFRMAIN INTERCONNECT INFORMATIONAL MEETING: David Nyberg, City Engineer explained the 20th Avenue Watermain Interconnect and Truck Sanitary Sewer System. Proposed improvements include: watermain interconnect with Lino Lakes, watermain meter vault, hydrants, sanitary sewer trunk, lift station, future connection point, erosion control and turf restoration. Nyberg explained the watermain interconnection construction cost would be approximately $274,500. The sanitary sewer construction including restoration and truck sanitary sewer would cost $188,000. The total construction cost would be approximately $463,100. Nyberg mentioned other non - assessment costs associated with access to the water and sewer would include a $1,300 Water Availability Charge (WAC) and $1,750 Sewer Availability Charge (SAC). Further, the individual property owner will be responsible for the connection between the property line and the individual building. Property owners may also have cost associated with taking individual well systems and septic systems out of service. Paul Montain representing Rehbein Inc., asked if the industrial/commercial and residential cost are the same? Buckbee commented the cost is associated with the buildable square footage. Nyberg explained the city ordinance requires property owners to connect to the sewer once sewer service is available. In addition, the city ordinance indicates properties must hook up when the utility becomes available although if a well is in good working condition it can remain in use. Nyberg explained this is an informational meeting and at later dates the public will have an opportunity to voice their opinions. Nyberg gave a tentative project schedule including hearings, advertisements, and the beginning of construction etc. Paul Montain suggested the city look at financing this project through the sewer /water funds or TIF. Mr. Montain asked could future developments impact the finances on this project. Kenny Carpenter 8885 20th Avenue asked who was pushing the project. Nyberg commented the city because the interconnect will provide a better commercialfindustrial tax base for the whole city. Carpenter explained he has a good mound system with three tanks and doesn't care to pay the hook -up charges. Herman Strehlow commented his land is agriculture and doesn't need nor want the utilities. Carpenter explained with the proposed assessments there is no way he has five acres. Further, the city did not provide TIF or any other incentives with his business, he doesn't care to pay the assessments to help bring in other business. 2 City Council Meeting, February 26, 1997 Nyberg explained the assessment is determined from the front footage. The city can not assess a property more than an increase of the property's value. Ruben Lentz of Reel Manufacturing asked if this interconnect benefits the whole city why isn't the whole city assessed? Nyberg explained the whole city has been contributing to the water fund which will be used on this project, the City's cost is $98,300. Nyberg explained these assessments are not set in stone. Carpenter asked how are the properties in the flood zone benefited? Nyberg explained the property owners can comply with the required permits and bring the city the land elevations. The city would determine the minimal elevations then fill can be brought in. Herman Strehlow asked since the ditch runs through his property, how will the western property benefit? Nyberg explained this is something the city will have to consider. Mr. Strehlow asked since his property is identified agriculture would he still have to hook up? Nyberg said no, not if its agriculture. Carpenter commented being assessed for water and sewer is one thing but also to remove the current system would be a hardship. Nyberg explained once the water line is available you must hook up but you can still use your existing well. MOTION by Buckbee, seconded by Brenner to close the watermain interconnect informational meeting. Motion carried unanimously. PEUTIONS AND COMPLAINTS- Carolyn Pickle - Parking Ticket - Carolyn Pickle of 7122 Brian Drive voiced concern about a $25.00 parking ticket she had received since her vehicle was on the street over night. Ms. Pickle had spoke to the Chief of Police he told her the council advised the Police Department to aggressively ticket vehicles parked on the road after parking hours. Ms. Pickle has lived in Centerville for six years and didn't know there was no overnight parking on the streets. Buckbee commented the parking ordinances have been mentioned in the city newsletter. Ms. Pickle explained she doesn't read the newsletter, they have been in Centerville for six years and she had never seen a no parking sign until today. Ms. Pickle commented, ticketing her vehicle at 4:00 am is terrible, the police officer should have woke her up to move the vehicle. Ms. Pickle explained she pays $1,735 for taxes and now she has to pay an additional $25.00 parking ticket. Ms. Pickle left the council chambers. aPPFARANCFS• ,khchael Nm in - Grading LaMotte Park- Park and Recreation Alternate Chairman Michael Navin and Committee Member Kevin Fogerty addressed the Council. Mr. Navin commended the council's acquisition of the 3 City Council Meeting, February 26, 1997 12.41 acres of park land off Centerville Road "Laurie LaMotte Park ". Navin would like to use the proposed map (EXHIBIT A) as a guideline to develop LaMotte Park. Next, the Park and Recreation Committee would like to sell the Cedar Street open space. The funds would be used toward developing the LaMotte Park property. Navin felt the new area park would be more useful than the underutilized open space off Cedar Street. Nyberg felt the dirt moving will cost more than the Cedar Street property is worth. Nyberg suggested having a topographic survey performed on the Cedar Street property this spring. Further, Nyberg could put together a color graph for LaMotte Park at no cost to the city, Helmbrecht asked the staff to find out how the city acquired the Cedar Street property. MOTION by Buckbee, seconded by Brenner to approve Dave Nyberg to make a color graph at no charge to the City. Motion carried unanimously. MOTION by Buckbee, seconded by Brenner to approve the Park and Recreation Committee to use the map concept for Laurie LaMotte Park so P &R can go forward with the park plans. Continuing, to approve a topography and estimate done on Cedar Street. Motion carried unanimously. OLD BUSINESS: Surface Water Management Plan - Nyberg explained the Water Comprehensive Plan will be discussed with Jim and Dean Johnson, the updated information will be available for the next meeting. March reported Dean Johnson indicated the Met Council needs a letter stating when the water plan will be done. APPEARANCES: Amoral Fire Report -Milo Bennett Fire Chief - Bennett planned to discuss the 1996 Centennial Fire District annual report (EXHIBIT B) and the 1998 budget (EXHIBIT C). Brenner mentioned Dale Larson has retired from station 3. Brenner commented on behalf of the council they would like to acknowledge his years of service. MOTION by Brenner, seconded by Buckbee to approve the proposed 1998 Centennial Fire District Budget. Motion carried unanimously. COMMITTEE REPORTS: Brenner reported the Economic Development Committee met on Tuesday, January 21, and from that meeting Brenner read the following motion; 4 City Council Meeting, February 26, 1997 "Motion by Mary Capra to have the City Council approve the expenditure to draw up a list of property owners and draft a development that would be headed by the EDC Committee. Approximate cost would be $500, seconded by Paul Montain. All in favor." Brenner suggested sending a public hearing notice to everyone in the downtown area and post and publish it in the paper. Mr. Montain mentioned the Star City group hoped to get a theme so everyone could have an idea of what everyone is thinking. Mr. Montain felt the EDC's goal in having the meeting would be to find out if no one wants a theme or if they do or don't care. Mr. Montain explained there is some confusion with the set backs, green space, the mix of residential and commercial properties, hopefully this would clear up any questions the people have. Brenner reported the EDC requested the city pay for the public hearing. If approved, the EDC will determine a public hearing date and report back to the council. Buckbee suggested EDC put together a budget. The last meeting Mary Capra spent $400 which was donated funds. However, now the EDC is requesting the city to pay for this, perhaps a budget would help identify the EDC needs. MOTION by Buckbee, seconded by Brenner to approve the EDC request for a public hearing for the development of downtown not to exceed $500. Motion carried unanimously. NEW BUSINESS: Ry- Chel's permanent employment - MOTION by Helmbrecht, seconded by Brenner to approve Jim's recommendation to have Ry -Chel become a full -time permanent employee effective Friday, February 28, 1997. Motion carried unanimously. Pawn Shop Ordinance - „ MOTION by Buckbee, seconded by Brenner to approve the Planning and Zoning Committee to review the pawn shop ordinance as recommended for City Council, prior to May 14, 1997. Motion carried unanimously. ADMINISTRATOR REPORT: CONSENT A ENDA• Resolution 97 -06 - MOTION by Buckbee, seconded by Brenner to approve St. Genevieve's application for Lawful Gambling. Motion carried unanimously. 5 City Council Meeting, February 26, 1997 LaMotte Park Lot Split - MOTION by Buckbee, seconded by Brenner to approve the l6tvit for LaMotte Park, lot split contingent upon the City Attorney approval. Motion c1ftiad unanimously. MOTION by Buckbee, seconded by Brenner to adjourn the February 26, 1997, council meeting. Motion carried unanimously. Meeting adjourned at 8:40 PM. Respectfully Submitted, Ry -Chel Gaustad City Clerk 6 h, DATE: March 20, 1997 TO: City Council City of Circle Pines City Council City of Centerville City Council City of Lino Lakes FROM: Milo Bennett SUBJECT: Ratification of expenditures and approval for payment of March expenses. Your approval of March expenses as listed on the attached copy of the check register, checks #8887 - 8916 and #11466 - 11516, in the amount of $ 29,126.14 is hereby requested. MB /al CC: 7 Circle Pines City Council 7 Centerville City Council 7 Lino Lakes City Council 2 File • 03/20/97 at 11 :30AM CENTENNIAL FIRE DISTRICT PATE .. BANK CHECK REGISTER Checking account 03/20/97 TO 03/20/97 7CK NO DATE TYRE PAID TO / DESCRIPTION CHECK AMOHNI 5337 0:3/20/97 AP -D METROPOLITAN STATE UNIVERSITY 100,07! 5335 03/20/97 AP -D METROPOLITAN STATE UNIVERSITY 8889 03/20!97 AP- -D METROPOLITAN STATE UNIVERSITY/ 3590 03/20/97 AP -D DANKO EMERGENCY EQUIPMENT CO 8391 03/20/97 AP -D MINNCOMM PAGING 17.0; 3392 03/20/97 AP -D MINNCOMM PAGING 5.1_. 8393 03/20/97 AP -D BUMPER TO BUMPER 111.. 3394 03/20/97 AP -D BATTERIES PLUS 3395 03/20/97 AP -D C.P. OFFICE PRODUCTS 223.62• 3396 03/20/97 AP -D CASARA COMPUTER SYSTEMS 2,5'.-'9.35 3397 03/20/97 AP -D BEST BUY CO.,INC. 637.36 3393 03/20/97 AP -D AMERICAN FASTENER OF MN, INC. 55.57 9 03/20/97 AP -D NORTHERN STATES POWER COMPANY 424.56 5900 03/20/97 AP -D TINA OIL & CHEMICAL COMPANY 44.12 3901 03/20/97 AP -D CY'S UNIFORMS 30.10 9902 03/20/97 AP -D HENNEPIN TECH COLLEGE 91.40 3903 03/20/97 AP -D W.W. GRAINGER, INC. 212.4'` 3904 03/20/97 AP -D AUTO GLASS SPECIALISTS, INC. 4:7.24 3905 03/20/97 AP -D IDS 23.71 3906 03/20/97 AP -D EMERGENCY APPARATUS MAINT. 552.41 3907 03/20/97 AP -D ANOKA ELECTRIC COOPERATIVE 127.43 3903 03/20/97 AP -D NIC INTERNATIONAL LTD 6.5.00 3909 03/20/97 AF' -D .I & E SMALL ENGINE & SPORT 337.13 39i0 03/20/97 AP -D ARTHUR E MOHLER 13.x-5 3911 03/20/97 AP -D MINNESOTA SAFETY COUNCIL 20.00 L._c 03/20/97 AP -D CIRCLE PINES UTILITIES 396.44 03/20/97 at 11:30AM CENTENNIAL FIRE DISTRICT PAGE BANK CHECK REGISTER Checking account 03/20/97 TO 03/20/97 ECK NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOL&T -- ---- ---------------------------------- 8013 03/20/97 AP-D US WEST COMMUNICATIONS 8514 03/20/97 AP-D US WEST COMMUNICATIONS 8915 03/20/97 AP - -D US WEST COMMUNICATIONS 8916 03/20/97 AP-D OXYGEN SERVICE COMPANY, INC. TOTAL MANUAL CHECKS (M) : 0,01" TOTAL COMPUTER CHECKS (C): TOTAL DIRECT DISBURSEMENTS (D): 9,177.P� TOTAL CHECKS: a,177.14 01y20/97 at 11:36AM CENTENNIAL FIRE DISTRICT Page � A/P Pre-Checkwriting Report -------^----^---------'---- BANK ACCOUNT: Checking account DATE T CHECK NO PAID TO / FOR AMOUNT -------- - -------- ----~------------------------- ^--'----~--- 03/20/57 D @ INSPECTION WARES-NET PAYROLL 276.6� 03/20/97 D 0 FIREFIGHTER WAGES-NET PAYROLL 20 -------------- AMOUNT OF ALL CHECKS: a0,949.@@ � - MEMO DATE : March 20, 1997 TO Honorable Mayor and Council FROM : Jim March RE Surface Water Management Plan Dave Nyberg and Barritt Lovelace of MSA will be present to discuss the changes to the surface water management plan as we discussed at the last workshop. The surface water management plan is the last item holding up the Metropolitan Council s review of our comprehensive plan. Please bring your draft copies of the surface water management plan with you to our meeting. MEMO DATE : March 20, 1997 TO Honorable Mayor and Council FROM : Jim March RE Letter from Dean Johnson At our last Council meeting, we discussed having Dean Johnson send a letter and invoice in regards to the cost overruns he experienced through the process of completing the comprehensive plan. When I spoke with Dean, he indicated that his hope was that the City would make a decision and get back to him. Dean indicated that he understood that the City wanted him to set a price that he thought was fair and then bill the City accordingly. Dean indicated that he would submit this in the form of a letter and then also include an estimate for additional items in which the City has inquired. I received the attached letter. It appears that he has outlined cost estimates for future work, but has neglected to say what would be required for us to settle on a price for work performed outside of the original scope of work. We can discuss this letter in more detail at the meeting. AL -0 RESOURCE STRATEGIES March 18, 1997 CORPORATION 6600 CITY WEST PARKWAY Mr. Jim March SUITE 340 MINNEAPOLIS, MN City Administrator 55344 City of Centerville 612/942 -8010 1880 Main Street FAX 612/942 -7464 Centerville, MN 55038 RE: Zoning Ordinance Revisions - Work Scope/Budget Dear Jim: We have spoken several times in recent months about potential amendments to the Zoning Ordinance. You have expressed a desire for additional clarification for "estate" residential provisions and rezoning options. I have mentioned several updates t at are necessary to implement the Comprehensive Plan. I have completed a review of the current ordinance and offer the following comments and options. Ordinance No. 4, Centerville Zoning Ordinance, was adopted in 1982. There have been numerous amendments to the ordinance in the past 15 years. Some provisions of the ordinance are rather antiquated and the document contains its share of the "heretofores ", of the typical legalese of the 1960's. The ordinance is not easy to read, in part because of the language, but also because of its basic organization and format. The content of the ordinance includes many of the basic provisions found in ordinances, but it is missing several essential components and many mandatory elements. There are references to "conditional use permits (CUPs);" although, the administrative section refers to "special use permits (SUPs). CUPS are defined in the ordinance but there is no definition for SUPS. The ordinance references the "Planning and Zoning Commission" in some spots and "Planning Commission" in other sections. One PUD section identifies permitted uses as residential, commercial and community facilities, while another section references industrial development standards. n t1 City of Centerville March 18, 1997 Page Two At a minimum, I would recommend additions /revisions in the following areas: • Clarify and recategorized residential districts • Expand the number of commercial districts, including a Central Business District • Shoreland protection standards • Best management practices • NURP standards • Wetland conservation requirements • Obstructions to airspace navigations • Communication towers • Update performance standards • Update definitions • Timetable for action (60 -day law) • Day care and group homes (mandatory) These revisions are fairly extensive and will require putting the entire document into a word processing software compatible with the City. My clear preference would be to reorganize and rewrite the entire ordinance. It will streamline the document, modernize it for better clarification and reformat it for readability and comprehension. From a budget standpoint, I think the rewrite is more cost effective than amending the document with so many revisions. My approach to any revisions would include an orientation with staff to verify and secure all relevant City ordinances and amendments which have bearing on the content of the zoning ordinance. I would propose a work session with the Planning Commission (City Council welcome also) to inventory all issues, problem areas and deficiencies of the current ordinance. We would also discuss each other's wish lists for ordinance provisions. A follow up work meeting would include review of an outline of ordinance revisions and potential content issues from previous discussions. I like to review most key issues in a conceptual format with the Planning Commission, prior to writing formal provisions. This generally saves time in the long run, generates more local input and understanding in the process and gives me better direction at the beginning of the process. City of Centerville March 18, 1997 Page Three Additional areas for discussion include the CUP /SUP provisions. At a minimum, the ordinance requires editing to reference either a CUP or SUP process, not both. I would also like to present arguments why neither process may be necessary. There are often misunderstandings about the purpose and benefits of these permits, as well as limitations, which should be debated. The current ordinance does not appear to establish a Board of Appeals and Adjustments. The Planning Commission apparently acts in that capacity to hear variances, but the City Council actually approves the variances. It may be more efficient to grant authority to one rather than two bodies. There is an appeal process where the City Council hears alleged errors in an administrative ruling or Planning Commission action. This is a good provision for an ordinance; however, it is somewhat invalid because the Planning Commission is making recommendations under the current ordinance, not final authorizations. I would envision six or seven staff/Planning Commission meetings to generate a complete draft document for public review. Experience dictates that up to three public meetings/hearings are about average for formal review and adoption. The entire process will take nine to twelve months, if there are no major controversies or external issues affecting the project. The following budget identifies the major work categories and consultant roles. This cost estimate is firm and can be considered a cost not to exceed, provided the scope remains the same. I have also estimated expenses for the project. TASK Partner Associate Support Total I. Mobilization/Orientation $825 $270 $0 $1095 II. Background / Outlines $900 $360 $100 $1360 M. Working Drafts $2025 $360 $150 $2535 IV. Final Draft $900 $270 $150 $1320 V. Public Review / $1125 $360 $150 $1535 Revisions / Adoption TOTALS $5775 $1620 $550 $7945 City of Centerville March 18, 1997 Page Four ESTIMATED EXPENSES Draft Copies 2500 @ $0.12 $300.00 Postage 27 @ $3.00 $ 81.00 Mileage 850 @ $0.30 $255.00 Final Document 25 @ $7.00 175.00 TOTAL $811.00 I hope this information is helpful. I am available to answer any questions you may have or provide you with any additional information you may desire. I am also available to discuss this in detail with the City Council. Sincerely t� Dean R. Johnson President MEMO DATE March 20, 1997 TO Honorable Mayor and Council FROM Jim March RE Attached letter from Paul Palzer Paul Palzer has presented me with the attached memo and I indicated that the item would require council action. I sent this letter to Greg and am waiting for his reply. We will discuss this at the meeting. March 19, 1997 To: Mayor Wilharber and City Council From: Paul Palzer, Public Works Director/ Building Official Re: Health/Comp Benefit Dear Mayor Wilharber and City Council: 1 am making a formal request in regards to the new benefits offered to the employees of Centerville as approved by the City Council. As you recall, currently I have an agreement with the City whereby I receive $18.80 per week towards my family health coverage through my wife's employer. This has been a mutually beneficial arrangement for the City and myself, resulting in a savings of $5,000.00 to $8,000.00 to the City over the previous three years. 1 am requesting that the dollar difference between the new $300.00 limit for family coverage and the current cost of my insurance to the City be applied towards my deferred compensation account as was approved by the Council. The total benefit would not exceed the $300.00 per month dollar limit. This would conform with the intention the Council had in amending this benefit to include life insurance and deferred compensation up to the $300.00 limit and also the written agreement I have with the City when l was hired. I know that the changes Jim has made since his arrival strengthens the dedication of the employees to the City and promotes a more efficient local government for the Citizens of Centerville. l thank you for your time and look forward to working with the Council and staff over the next se ral years of this rapid expansion of Centerville. Sincer Pau P Palze Public Director/ Building Official MEMO DATE : March 20, 1997 TO Honorable Mayor and Council FROM : Jim March RE Electrical Inspector Contract Attached is a blank copy of the contract that we have with Ken Peterson of Suburban Inspections. we have been contracting with Ken to provide electrical inspections for less than a year. In discussing this situation with staff, the consensus is that Ken is providing a better service to the citizens than the State of MN did in the past. The City is also retaining a portion of the fees for inspections, whereas the City did not receive any revenue when we contracted with the State. I recommend that we renew the contract with Suburban Inspections for a period of two years commencing on April 1, 1997 and expiring on March 31, 1999. ELECTRICAL INSPECTION SERVICES AGREEMENT BETWEEN THE CITY OF CENTERVILLE AND SUBURBAN INSPECTIONS This Contract is made and entered into between the City of Centerville, 1880 Main Street, Centerville, Minnesota 55038, hereinafter "City" and K.L. Peterson, Inc., d /b /a Suburban Inspections, 17833 Xylite Street NE, Ham Lake, Minnesota 55304, hereinafter "Contractor". WHEREAS, the City requires services to be provided for electrical inspections; and WHEREAS, the Contractor desires to, and is capable of, providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of mutual promises and agreements contained herein, the parties agree as follows: 1. TERM 1.1 Term The term of this Contract shall run from to and including unless earlier terminated by law or according to the provisions herein. 2. CONTRACTOR'S OBLIGATIONS 2.1 General Descriotion The Contractor shall provide the following services generally described as: A. Provide qualified personnel to perform electrical inspections within two work days of notification by the electrical installer. B. Enforce the Minnesota Electrical Act and Rules as adopted and amended by the City. C. Submit a report of completed inspections, invoice for completed electrical inspections with the completed permits on the first and the third Mondays of each month. D. Cooperate with the City Building Official, to resolve non- complying or incomplete electrical installations when installer fails to comply with acceptable standards. E. Notify the electrical utility for connection or re- connection of all electrical services installed, replaced or repaired for which an electrical permit is required. -1- F. Provide forms and documents needed for normal office use for 1 % of the inspection fees invoiced up to a maximum of $200.00 per year. 3. CITY'S OBLIGATIONS 3.1 General Description The City shall: A. Receive and process electrical permits and fees in accordance with a fee schedule. B. Forward the white copy of the permits to Contractor, retain the pink copy of the permit, and file same in alpha /numerical order by address until the completed white copy is returned with the report of the completed inspections and permits. C. Receive and process orders for payment and fees collected for fee shortages and extra or special inspections. D. Adopt an ordinance to provide for an electrical inspection of all installations requiring inspection within the City. E. Keep on file with the State Board of Electricity copies of the current inspection ordinance. F. Adopt the most recent revision of the Minnesota Electrical Act including M.S. 326.01. G. Adopt the Minnesota Rules Chapter 3800. H. Notify electrical utilities servicing the City that all services installed, replaced or repaired for which an electrical permit is required must be approved by the Contractor. 4. PAYMENT 4.1 Compensation The City shall pay to Contractor for the purchased services 80% of the permit fees collected for permits on the report for completed inspections. 4.2 Invoices Contractor shall, within fifteen (15) working days following the last day of each calendar month in which the services were provided, submit an invoice and request for payment on an invoice form acceptable to the City. -2- The invoices shall itemize all of the permit fees collected for completed inspections, 1.) the name of the contractor receiving the inspection and 2.) the dates of performance covered by the invoice. 4.3 Time of Payment The City shall make payment to the Contractor within thirty -five (35) days from the date on which the invoice was received. If the invoice is incorrect, or otherwise improper, the City will notify the Contractor within ten (10) days of receiving the incorrect invoice. Upon receiving the correct invoice from the Contractor, the City will make payment within thirty -five (35) days. 4.4 Payment for Unauthorized Claims The City may refuse to pay any claim which is not specifically authorized by the Contract. Payment of the claim shall not preclude the City from questioning the propriety of the claim. The City reserves the right to offset any overpayment or disallowance of claim by reducing future payments. 5. COMPLIANCE WITH LAWS /STANDARDS 51 General Contractor shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Contract. 5.2 Licenses Contractor shall procure, at its own expense, all licenses, permits or other rights required for the provision of services contemplated by this Contract. Contractor shall inform the City of any changes in the above within five (5) days of occurrence. 5.3 Minnesota Law to Govern This Contract shall be governed and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Contract shall be venued in the State of Minnesota. 6. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. Contractor acknowledges and agrees that Contractor is not entitled to receive any of the benefits received by City employees and is not eligible for workers' or unemployment compensation benefits. -3- Contractor also acknowledges and agrees that no withholding or deduction for State or Federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due Contractor and that it is Contractor's sole obligation to comply with the applicable provisions of all Federal and State tax laws. 7. INDEMNIFICATION Any and all claims that arise or may arise on behalf of the Contractor, its agents, servants or employees as a consequence of any act or omission on the part of Contractor or its agents, servants, employees while engaged in the performance of the Contract shall in no way be the obligation or responsibility of the City. Contractor shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims and actions, including attorneys' fees which the City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform Contractor's obligations pursuant to this Contract. 8. INSURANCE 8.1 General Terms In order to protect itself and to protect the City under the indemnity provisions set forth above, Contractor shall, at Contractor's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy of insurance shall contain a clause providing that such policy shall not be canceled by the issuing company without at least ten (10) days written notice to the City of intent to cancel. 8.2 Coverage The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall include the following: A) Professional Liability Professional liability insurance covering personnel of the Contractor, if any, will provide professional services under this Contract, which shall include the following coverages at a minimum: -4- Personal Injury /Death: $200,000.00 per person $400,000.00 per occurrence B! Workers' Compensation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 8.3 Certificates Prior to or concurrent with execution of this Contract, Contractor shall file copies with the City which shall be incorporated into this Contract as Exhibit A. 8.4 Failure to Provide Proof of Insurance The City may withhold payments or immediately terminate this Contract for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above. 8.5 Nonwaiver Nothing in this Contract shall constitute a waiver by the City of any statutory limits or exceptions on liability. 9. SUBCONTRACTING The Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in this Contract without prior written consent of the City and subject to such conditions and provisions as are deemed necessary. 10. TERMINATION 10.1 With or Without Cause This Contract may be terminated with or without cause, by either party upon thirty (30) days written notice. 10.2 Notice of Termination Notice of Termination shall be made by certified mail or personal delivery to the authorized agent of the party. Notice of Termination is deemed effective upon delivery to the address of the party as stated in paragraph 12. 11. CONTRACT RIGHTS /REMEDIES 1 1 .1 Rights Cumulative All remedies available to either party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. -5- 11.2 Waiver Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of the City and Contractor. 12. AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Contractor: To City: K.L. Peterson, Inc., City of Centerville d /b /a Suburban Inspections 1880 Main Street 17833 Xylite Street NE Centerville, MN 55038 Ham Lake, MN 55304 13. MODIFICATIONS Any alterations, variations, modifications or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of the City and Contractor. 14. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. 15. MERGER 15.1 Final Agreement This Contract is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are not representations, warranties, or stipulations, ether oral or written, not herein contained. -6- 16. AUDIT OF RECORDS The books, records, documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the City representatives and either the legislative auditor or the state auditor as appropriate pursuant to Minn. Stat. § 166.06, Subd. 4 (1990). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. CONTRACTOR CITY K. L. Peterson, Inc., d /b /a/ Suburban Centerville Inspections : By: By: ��77 Title: Title: V y �T°r Date of Signature: Date of Signature: 3 0 9� By: Title: Date of Signature: _ -7- MEMO DATE March 20, 1997 TO Honorable Mayor and Council FROM Jim March RE Garbage Contract The garbage contract with United Waste Systems, Inc. expires on May 8, 1997. I have set up a meeting with Greg Hellings and Randy Hagerty for March 31, 1997 at 9:30 to begin drafting specifications so that we can issue requests for proposals. Since this is considered an essential contract, Greg has indicated that we do not have to follow the formal bidding requirements for contracts exceeding $25,000. I am assuming that the Council wishes to have other firms submit proposals for the garbage contract. We can discuss this issue further at the next meeting. Anyone who wishes to attend the meeting on March 31 is more than welcome. C S TY O F' C E NT E RV S L L E PARK AND R E C R EAT S ON COMM S TT E E MINUTES March 5, 1997 Pursuant to due call and notice thereof, the Park and Recreation Committee of the City of Centerville held their regularly scheduled meeting on March 5, 1997. Meeting was called to order at 6:50 PM. Members present : Rick Thompson, Mike Navin, Kevin Fogarty. Members absent Dale Larson, Nancy Johnson. Staff present : Jim March. APPROVAL OF MINUTES A motion was made by Thompson, seconded by Fogarty to approve the February 5, 1997 with corrections. Motion carried. APPEARANCES : Jim March, Clerk /Administrator update: Mr. March presented the committee -with a colored exhibit that was prepared by the City Engineer. Mr. March also presented the committee with a letter from the City Engineer that discusses the cost of completing a topographic survey for LaMotte Park as not to exceed $2,280. The survey could be completed in the spring. Mr. March also noted that the City Attorney has been instructed to review how the City had acquired the approximately two acres known as Cedar Street Park. The City may wish to dispose of this property in the future. Mr. March explained he had discussions with Anoka County Parks Director and that there may be a possibility of a paved trail running through the Rice Creek Regional Park around the south side of Centerville Lake and into the LaMotte Park. NORTH METRO UPDATE : Mr. Thompson attended the North Metro meeting and that it appears that not much progress has been made. Lino Lakes is working on a proposal for the next meeting of North Metro. April Agenda : 1) Set a public hearing date for LaMotte Park Development 2) Formulate letters of solicitation of funds from sporting groups, civic groups, etc... 3) Brainstorm ideas for fundraising Meeting adjourned 7:50 PM. Submitted by, Kevin Fogarty