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Home My WebLink About1996-08-28 - CC Packet A �i }ieit CITY OF CENTERVILLE �-- CITY COUNCIL AGENDA \ ` Sri — ire r i o AUGUST 28, 1996, 6:00 p.n CALL TO ORDER 3\ .k4c_"_ <g- jio APPROVAL OF MINUTES ) August 14, 1996, Meeting N. PAYMENT OF CLAIMS . I� 1. Centennial Fire District / 2. City of Centerville \ �4ET�GENDA LPETITIONS AND COMPLAINTS J OLD BUSSINESS \Y, Park Lighting / APT Antenna Site Lease � -iwyay '��fi ^t NEW BUSINESS )r Patricia Edgett, petition to have water hook -up assessed to her property c -7z PEBSCO Deferred Com ensation �' %:Z '(o uut p.4LUS5i w- �dcs� y V -• �� °�� • 7rtJ j �.l;�Ss ADMINISTRATOR REPORTS J ►7�- Senior Housing update 5 < �.< j r • �: wh.- Fc5 Eagle Pass update Clearwater Meadows update Budget CONSENT AGENDA ADJOURN `f CITY OF CENTERVILLE CITY COUNCIL AUGUST 14,1996 Pursuant to due call and notice thereof, the City Council of the City of Centerville held a workshop and their regular meeting on August 14, 1996, at the City Hall. Mayor Wilharber called the meeting to order at 5:00 p.m. PRESENT: Tom Wilharber MaryJo Helmbrecht Theresa Brenner Sanna Buckbee ABSENT: Laura Powers - Rasmussen STAFF /CONSULTANTS: Jim March Trudi Breuninger (5:50 p.m.) Dave Nyberg (6:15 p.m.) MOTION by Wilharber, second by Helmbrecht to close the workshop for union negociation discussion. Motion carried unanimously. -� Meeting was re- opened at 5:50 p.m. March reported that a revised budget would be ready for a workshop. The following issues still need to be addressed: antenna, union, tracking money method - because the budget doesn't follow the accounting system, public works budget is based on projected number of houses, animal control, TIF increment numbers that aren't available yet, and the auditor and assessor costs for the next year. Wilharber questioned how the pension reform changes would affect the budget. Workshop was scheduled for 5:00 p.m. on the 21st of August to discuss the budget and the Eagle Pass development. Workshop was closed at 6:05 p.m. Regular Meeting was called to order at 6:10 p. m. APPROVAL OF MINUTES MOTION by Brenner, second by Helmbrecht to approve the meeting minutes of July 24, 1996, as submitted. Motion carried, Buckbee abstained. PAYMENT OF CLAIMS CC8-14MM. WPS I City Council Meeting Minutes of August 14, 1996 MOTION by Brenner, second by Helmbrecht to approve the Centennial Fire District's expenditures dated August 1, 1996- Motion carried unanimously. MOTION by Brenner, second by Helmbrecht to approve the City of Centerville's receipts and disbursements dated July 25 -31, 1996. Motion carried unanimously. MOTION by Helmbrecht, second by Brenner to approve the City of Centerville's receipts and disbursements dated August 1 -14, 1996. Motion carried unanimously. SET AGENDA MOTION by Buckbee, second by Brenner to set the agenda for August 14, 1996, adding Greg Hellings to new business. Motion carried unanimously. PETITIONS AND COMPLAINTS Rockey Goertz questioned the "mystery" charges on Centerville building permits. He stated that Centerville permits are twice as much as the surrounding cities. On the permit form these charges are referred to as assessments. March stated that they aren't assessments but hook -up charges. Helmbrecht stated that fee collected is for maintenance and updating the water and sewer systems. Goertz stated he was relaying the message received tie his home buyers. All�- Rockey Goertz, Willow Glen Rockey Goertz presented a sketch plan for Willow Glen (this area has been referred to in the past as Golden Meadows). He is proposing 84 townhome units, for sale priced in the mid 80's to 120,000, concrete curbs, 24 foot wide private streets, PUD, and association. Buckbee questioned whether park property would be provided. Helmbrecht added that one is needed. Brenner commented that the concept and price range meets the Met Council Livable Communities Act. Brenner also believes that it would help drive commercial businesses. Helmbrecht questioned the emergency vehicle access. Nyberg stated it might cause problems in the winter because it would have to be plowed. Brenner wanted assurance that they wouldn't become rental units. Goertz stated that something could be written into the association agreement. The council discussed the road layout and how the surrounding property would affect it or be affected. Consensus was to loop the road, providing no access to the east. March requested a 3 dimensional, to scale, presentation at the preliminary plat public hearing. Wilharber stated it would help because of the past controversy on the property. Amok CC8- 14MM.WPS 2 City Council Meeting Minutes of August 14, 1996 Eagle Pass Mike Quigley reported that they have received approval from RCWD with some conditions that would be met. They would like to start grading the week of August 26, 1996. They have presented a purchase agreement for the property abutting the southwest corner and haven't heard anything from the property owner so they have outlot to two corners. Nyberg stated because the project is privately financed it would move rather quickly once given final plat approval. Nyberg also reported that the utility plans and specifications should be ready for the city council meeting on August 28, 1996. Wilharber quested the northwest corner property issue regarding a future driveway access. Quigley stated it would be handled through deeds. Nyberg reported that FEMA is printing the maps and he is expecting approval early September. March commented that P &R was split on whether the wetlands in the park area are desirable or not. They did have concerns however on the drainage of the tennis courts. Wilharber stated that they would be discussing the need for a civil defense siren for the development of this size at the workshop to be held August 21, 1996. Quigley stated they are working against the time frame to save trees by burlapping them. Clearwater Meadows Nyberg recommended awarding the bid for the street and utilities because with houses going in they need a road. Helmbrecht expressed concern for the floodplain and FEMA. Nyberg stated the road in the in the floodplain. The worst case if the floodplain was denied would be steeper driveways and split entries instead of two stories. March stated that council originally agreed to issue permits for the two model homes with the agreement prepared by Greg Hellings and later agreed that additional homes could be built with no certificate of occupancies being issued until the FEMA issue was settled. MOTION by Wilharber, second by Helmbrecht to adopt resolution 96 -23, a resolution ordering improvement project and awarding bid for Clearwater Meadows, contingent Aft upon MSA reviewing the contract agreements. Motion carried unanimously. CC8 -14MM. WPS 3 City Council Meeting Minutes of August 14, 1996 Rezoning of the Hensel Property Nyberg stated he has talked with Anoka County regarding a street access to Main Street. Goertz stated that P &Z didn't want Centerville Road to go through. Buckbee stated it should be keep as a road easement. Wilharber stated there is a safety access issue and the cul -de -sac would be to long. Nyberg explained that P &Z suggested to "C" the road the south back to Main Street. He also stated that P &Z suggested a trail easement to kids can access the school park. Nyberg stated that the comp plan shows the road to go through and Dean Johnson agreed. Wilharber stated he liked the proposal as submitted. Helmbrecht is concerned about no park. Nyberg suggested obtaining an easement from the LaRou?es for a trail. Helmbrecht said the trail should be a trail and utility easement and it would be an official school walking route, therefore it would be maintained by the public works department. Bill LaLonde, 1687 Westview, stated that the people present at the Planning and Zoning meeting liked the idea of a "C" road. Walkways were discussed and LaLonde said he doesn't see a problem with a trailway but does not want the road to go through. LaLonde expressed frustration that the council appeared to not listen to the recommendation of the Planning Commission. w' LaLonde suggested making a road access through a park area in the proposed street area. Helmbrecht stated they can't stop people from developing their property. Wilharber added things change and even though some people don't want Centerville Road to go through the council needs to look what is best for the city as a whole. MOTION by Wilharber, second by Buckbee to approve the rezone of the Hensel property from R3 to R2 (Single Family Residential) contingent upon preliminary plat approval. Water Extension The council discussed the punchlist items in MSA's letter dated August 12, 1996. Nyberg stated they are working with Minnegasco and NSP to do the work required by them. Wilharber feels a letter should be written from the city to the residents and copied to the utility companies addresses their concerns. LaLonde expressed a concern regarding the hydrant at Centerville Road and Westview. He said it is to high and is unsightly. Nyberg stated they didn't have a choice in the placement of the hydrant due to the amount of ROW space. The hydrant is necessary for Admk flushing. CC8 -14MM. WPS 4 City Council Meeting Minutes of August 14, 1996 Helmbrecht questioned why a sidewalk was not put on Progress. Nyberg stated that it was discussed but at the time the council had concerns on the costs of the assessments, therefore a decision was never made. Staff is to look into the school contributing to a sidewalk for Progress and cost estimates for a sidewalk. Staff is to also send a response letter to Myra Mills. Cracks on Revoir Nyberg reported that the cracks that were mentioned to him to review are only surface cracks and recommends leaving it rather than disturbing the road even more to try to fix. Water Conservation Plan Nyberg questioned whether the council wanted him to wait for the cost estimate from Lino Lakes on the interconnect to complete the master water plan. March stated Lino Lakes is suppose to respond within two weeks. Consensus from the council was to wait the two weeks before completing the plan. Water Resource Management Plan Ailk ! Nyberg stated they are holding off because RCWD is redoing their plan and need the amendments that will pertain to Centerville to complete. Nyberg said it should be finished by the end of the year. Trash Grates for Culverts This issue was tabled until Councilmember Powers - Rasmussen is present to discuss. Thermal Bond Patches MOTION by Buckbee, second by Helmbrecht to approve the request for thermal bond patches for Peltier Lake Drive and east of Center Street and Dupre Road, work to be done by Bergman Companies, Inc., not to exceed $2,000. Motion carried unanimously. Stop Sign Requests Brenner asked Nyberg his opinion on the placement of a stop sign at Progress and Sorel Street. Nyberg stated the city needs to be sure the stop sign is warranted. Greg Hellings, Attorney at Law Hellings stated he is requesting the city amending their resolution assigning Babcock, Locher, Neilson, and Mannella to read Greg Hellings, Attorney at Law. Hellings stated he CC8 -14MM. WPS 5 City Council Meeting Minutes of August 14, 1996 is starting his own firm for municipal government and would like to continue to work with Centerville. He will continue to handle Columbus Township and Brooklyn Park Police Services. Wilharber said the council will make a decision at the next city council meeting. Sewer Line Plugs March stated the city received a request for reimbursement for work that was done to the sewer line that was determined to be the city's responsibility. Hellings suggested turning it over to the insurance carrier if it is the city's fault. Stop Sign Requests MOTION by Buckbee, second by Brenner to instruct city staff to install a stop sign on the southwest corner of Progress and Sorel. Motion carried unanimously. MOTION by Buckbee, second by Brenner to approve changing the speed limit to 25 mph on Mill Road, contingent upon notifying the police department first. Motion carried unanimously. Financial Publication Idlik Brenner would like to have the financial summ ry published in the Quad Community MP' paper, she feels it's important to be up front with the community. Helmbrecht is willing to try running it in the paper if the city got feedback on whether it was read or not. MOTION by Buckbee, second by Wilharber to just put the financial summary in the city newsletter. Motion carried, Brenner voted nay. Nelson Fence Variance Helmbrecht expressed a concern about setting a precedent. March stated that after talking with the city attorney and conducting a survey of surrounding cities, variances are granted on a case by case basis. Variances need to meet the standards listed in ordinance 4, section 65.03. MOTION by Brenner, second by Buckbee to approve the variance allowing a 6 foot fence around the backyard for Mari and Roger Nelson at 1846 - 73rd Street, based on P &Z's recommendation, that the special condition being a corner lot exist, the literal interpretation of this ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district, that granting the variance requested will not confer on the applicant any special privileges, and that the proposed variance will not impair an adequate supply of light and air to adjacent property or hinder traffic issues, and finally that there were no objections from the neighbors. Motion carried unanimously. CC8- 14MM.WPS 6 City Council Meeting Minutes of August 14, 1996 Ordinance 44A - Building Design MOTION by Buckbee, second by Brenner to approve the amendment to ordinance 44A regarding building design as follows: NOW READS: Section 2. All building erected on land within the commercial and industrial zoning districts shall be of wood frame, steel, reinforced concrete, masonry or an equivalent or better material. No building shall have pole barn type construction nor an exterior wall surface of sheet metal. Exterior wall surfaces of all buildings shall be face brick, glass, stone, decorative block, architectural concrete cast in place, pre -cast concrete panel, or architectural metal panel. Wood may be used as a trim material. AMEND TO READ: Section 2. All building erected on land within the commercial and industrial zoning districts shall be of wood frame, steel, reinforced concrete, masonry or an equivalent or better material. No building shall have pole barn type construction nor an exterior wall surface of sheet metal. Exterior wall surfaces of all buildings shall be face brick, glass, stone, decorative block, architectural concrete cast in place, pre -cast concrete panel, tt Wood may be used as a trim material. Motion carried unanimously. SG Genevieve's Beer Permit Request It was suggested that when noise permits are issue that it be policy that the permittee needs to notify the surrounding property owners of the event. MOTION by Buckbee, second by Helmbrecht to approve the 3.2 beer permit application for St. Genevieve's Church for August 18, 1996, and that the waiting period and the fee be waived. Motion carried unanimously. Administrative Reports March reported that the greenway corridor grant application was not approved for funding. March asked the council if he could use his discretion on approving seminars for the public works employees. Consensus of the council to allow March to approve unless it appear to be a conflict or not in the budget and that every employee has the right to go to council if March denies the request. CC8- 14MM.WPS 7 City Council Meeting Minutes of August 14, 1996 Helmbrecht commented on the letter received from Lori Beth Pringle dated July 29, 1996, she said that she did what she thought to be in the best interest of the city. The council discussed the Lions establishing a policy for insurance during the city celebration. Wilharber mentioned the snowmobile issue and status of trails. Brenner thanked Trudi Breuninger for her services to the city. The rest of the council concurred. Helmbrecht requested that raises for the council and mayor be considered to $150/$200 a month. Staff is to research how cities of similar size pay their council and mayor. ADJOURN MOTION by Buckbee, second by Brenner to adjourn the regular city council meeting at 9:05 p.m. Motion carried unanimously. Respectfully submitted, Trudi Breuninger City Clerk CC8- 14MM.WPS 8 r DATE: August 22, 1996 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 August expenses. Your approval of August expenses as listed on the attached copy of the check register, checks #8273 - 8329 and #11329 - 11333, in the amount of $ 13,519.65 is hereby requested. MB /al cc: 7 Circle Pines City Council 7 Centerville City Council 7 Lino Lakes City Council 2 File [' FINDERS - Line up top of check with these numbers, entry will appear on corresponding fine. DESCRIPTION A - - —EARNING - , DEDUCTIONS CHECK CHECK DATE CHECK ISSUED TO } NUMBER AMOUNT REGULAR GROSS - j - I< l' 1 =._ hl, V-\.. rl -tt y ox-LzL 3Z0� \Co,6, _f� ti ��ZZ � (s3�0 ra ✓t/ Carty SChco, GG?� /�" cc 5370 raJt1 /G - 7 %Jc cr - m ( �'Z`l %(� E6uYrr Alrlt.l!t 'f£tlI Icl1,tgc— �j7U (4Vf ee ( �Afm1 L o -- /27�/� IGtLL 11 C `<. I l4 tc I 1 ' I Z V�c ll `� �,1- ntSL,rrS /J l�n �oItYLS C�G_ / j / r y d i d /-Ii rt[ � i rcdli Y , C C</ lJ�) �ccv.r `� �<vJ 4t_4S U 7 / .�• " \LY�.4 � `� �� L� J �L�/ � Y �! //. �/ 'f ?z��l , �� / � - t ;,�.>,,I��. .•, 1- 4 -L c_ + °r_ �� , -�.�t `Met.�'exar�4, LAS' /li �-1 , r. � nc - o rY w . E U LAS F yRlN C• I l /1*M iee �i - �C ZII� �GL�� rL Lln1 ( UG %� �7 </L - - / SL 1Z % iG 1tr lei �ZIZ V� hPJ( �• cW�t Y4YCC �/� _ /� L/ Z245 5 4- �'�a C(y nZ� /C CC �Z '6G kt_A , .N "�, /; ` /✓ 1� n, w/ A Carne ^/ 26 , b ACCOUNTANT CLIENT j r A �T PAGE ALS o4TE _ - -- PREVIDUS P�'P SUBMITTED -I - TO DATE Y M0. DAY YR. It `! TOTALS qj SO UCIRI I . I - 1 - ..1 -. ► V � TO DATE .�.,,. e..w uum °'rr°' ACCOUNT I' NO. AJPD -35 -EDP -1 NUMBERS 'RIDERS - Line up top of check with these numbers. entry will appear on corresponding line. DESCRIPTION A -' EARN IPIGS - DEDUCTIONS - CHECK DATE CHECK ISSUED TO CHECK AMOUNT _ REGULAR: - GROSS NUMBER 7 AJr PA C � 5 ` j 11 I , nrl. r �L;_� . � . (52 L,-bI:— x:41 i �= ')2 Z7 'J l /c.�; l�i;::fie�c•:XC� lti��-ct_,Pn'rS .5211 /�UF� °LLL<<j� �`JLCI !/c �/% �z A / 'lZZI N�i �. 1 4 C �Y L llf.l..l ♦ J CO ��L lx.�N'n.`c -Yl W' L 7:zl at \ /G �l � C ��L�� 1i -�4Y l'[ �� 1a L _ (� �1 -P Y`(L �LT�T y ✓ /�� /._. la I � 7 Al �.ExCrnlrc I-� - / 72 ;g SE C rl 1•c �i.Y,•. °� �_t1:�,Y�`<s �5 u�: \��`cS 6� ' W id (. - - ()f (�51 I r - ' llc_ _ Cam- 1 , �3`L5 rte. A JZ mau"& E2 (SEizS r L 5 5z ACCOUNTANT CLIENT j. I i PAGE _ A - - -- - -- - TOTALS 5 ZZ �P�cr / DATE TT : - I L i !. P R E VI O US , TDOA7 ►`N SUBMID - MO DAY YR. ' ( I _ A j Safeguard -ds Y .., t f TD 0 �s�K ACCOUNT y I q 3 5/9 / / FORM NO. AJPD -35 -EDP -I NUMBERS I I 1 (��7 May 6, 1996 City Council Re: Night lights at Laurie Lamotte and Tracie McBride Parks From: Paul Palzer ++++++++++++++++++++++++++++++ +++++ + + + + + + + +++ + + + + + + + + + + + + + + ++ I have met with Mr. Little from NSP and discussed a couple options about how the City could light up the area around the walkway and playground at Tracie McBride park and the parking lot and pleasure rink and building at Laurie Lamotte park. Mr. Little suggested installing a 100 watt flood light on top of the existing pole by the pump house to give the maximum amount of light without causing too much wash over to the surrounding residents. The monthly cost to provide this light would be about $7.00 or $85.00 a year. At the Laurie Lamotte park Mr. Little recommended installing a new power pole next to the existing electrical service north of the pleasure rink and mounting two 250 watt directional lights to light up the pleasure rink and building area. He also recommends that a 250 watt directional be installed on the existing pole south of the park sign aimed outwardly over the parking lot. The monthly cost for this would be $50.00 or $600.00 a year. The cost to replace the bulbs on the existing six lights in these areas last year was about $250.00_ If you add to this the cost of the electricity and maintenance I believe in the long run NSP would be a better option for the City. I have discussed this with the Park and Recreation committee and they believe this may be a cost effective improvement for the park areas. I request that Council approves the installation of the lighting by NSP for the Laurie Lamotte and Tracie McBride parks as outlined in this letter. u NORTHERN STATES P0M COMPANY (PaNNESOTA) Sheet Ao: 5- 9 ELECTRIC RATE 13XMOTA BOOR - lPOC A0. Revision: 20th AVIONATIC PROTECTIVE LIGHTING SERVICE Availability: Available to all types of customers except for municipal street lighting purposes. - pate r Designation of Lamps Monthly Rate Per Unit Area Units 100Wigh Pressure Sodium $ 6.70 R R 250W High Pressure Sodium 12 y R Directional Units 2 50W High Pressure Sodium $14.10 R L " u 1) ' R 400�ighessure Sodium 18. 60 R (1) Available to existing installations only. Service Included in Rate: Company shall own, operate, and maintain the lighting unit including the fixture, lamp ballast, photo - electric control, mounting brackets, and all necessary wiring. Company shall furnish all electric energy required for operation of the unit. Fuel N l l Clla e: Bills subject to the adjustment provided for in Fuel Clause D Surcharge: In certain communities bills are subject to a surcharge provided for in Surcharge Rider. Late Payment Charge: Any unpaid balance over $10.00 is subject to a 1.5% late payment charge or $1.00, whichever is greater. The charge may be assessed rout working days after the date due. Tern of Agreement: Agreement shall be for a term of three years. If not then terminated by at least 30 days' written notice by either party, the agreement shall continue until so terminated. .'O Continued on following sheet) iLate ode Designation of lamps Residential Commercial Area Units 100W High Pressure Sodium AP029 DP029 1751W Mercury (Closed) AP038 DP038 25OW High Pressure Sodium AP019 DP019 400W Mercury (Closed) APO1S DP018 Directional Units 250W High Pressure Sodium APO49 DPO49 400W Mercury (Closed) AP008 DP008 400W High Pressure Sodium AP939 DP939 1,000W Mercury (Closed) AP009 DP009 Filing Date: 11 -2 -92 By: Robert H. Schulte Effective: 3 -31 -94 Vice President, Customer Service MPOC Docket No: E002/GR -92 -1185 Order Date: 41 ,70 lYr. t 40[� S,,•s -p mitt VtC�r, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverage. Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed. (c) Tenant Property Insurance The Tenant must keep in force for the duration of the Lease a policy covering damages to its property at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. (d) Landlord's Insurance. Landlord shall maintain commercial general liability insurance insuring Landlord against liability for personal injury, death or damage arising out of Landlords ownership, use or management of the Structure by Landlord, its employees or agents, with combined single limits of not less than $600,000.00. Landlord shall also maintain fire and extended coverage insurance insuring the Structure for its full insurable value (subject to reasonable deductibles). (e) Adiustment to insurance Coverage Limits The coverage limits set forth herein shall be increased at the time of any Renewal Term by the greater of the Consumer Price Index as calculated under Section 2 (a) or 10 %. (f) Additional Insured - Certificate of Insurance The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated A+ or better), licensed to do business in the State of Minnesota, which includes all coverage required in this Section 10 above. Tenant will name the Landlord as an Additional Insured on the General Liability Policy. The Certificate (s) shall also provide the coverage may not be canceled, non - renewed, or materially changed without thirty (30) days prior written notice to the Landlord. (g) Waiver of Subrogation. Notwithstanding anything in this lease to the contrary, each party releases the other party from all liability, whether for negligence or otherwise, in connection with any loss covered by any policies which the releasing party carries with respect to such property, but only to the extent that such loss is collectable under such insurance policies. Any policy required to be obtained pursuant to this lease shall contain a waiver of subrogation in favor of the other party hereto. 11. Damage or Destruction If the Leased Premises is destroyed or damaged, so as, in Tenant's Judgment, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30 days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of prepaid Rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. In the event of a natural or man made disaster, or any other circumstance that would require the temporary removal of Tenant's Antenna Facilities lly from the Water Tower, Tenant may erect additional Antenna Facilities and install a N� additional equipment on a temporary basis on the Leased Premises to assure 7 �n continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains written approval from the Landlord. 12. Lease Termination x`12 (a) Events of Termination Except as otherwise provided herein, this Lease may be terminated by either party upon sixty (60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof \/ by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); (ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; (iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons under the Tenant's Antenna Facilities, design or engineering specifications or the communications systems to which the Antenna Facilities belong; (iv) by Landlord if it determines, based on a report by an independent structural engineer, that the Structure is structurally unsound, including, but not limited to, consideration of age of the structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (b) Notice of Termination The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. (c) Tenant's Liability for Early Termination If Tenant terminates this Lease other than for cause or of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, an amount equal to 100 % of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Section 4 and Tenant has paid the annual rental for that year. 8 _ __ _ --T - -- � ��y —— y –�- - - - -- � — - - o , � -- � - - --� - -- �r;�v- n �_ _ -— - -- THE UNITED STATES CONFERENCE OF MAYORS (USCM) DEFERRED COMPENSATION PROGRAM SAMPLE RESOLUTION OF THE COUNCIL OF THE CITY OF In the Matter of: ESTABLISHING A DEFERRED COMPENSATION PLAN FOR THE CITY OF: No, I, City Clerk of the City of State of do hereby certify that the following resolution, proposed by Councilmember , seconded by Councilmember was duly passed and adopted by the Council of the City of at a regular meeting thereof assembled this day of 19 , by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: ABSENT: CLERK CITY OF WHEREAS, the City has considered the establishment of a Deferred Compensation Plan to be made available to all eligible city employees, elected officials, and independent contractors pursuant to Federal legislation permitting such Plans; and WHEREAS, certain substantial tax benefits could accrue to employees, elected officials, and independent contractors participating in said Deferred Compensation Plans; and WHEREAS, such benefits will act as incentives to City employees to voluntarily set aside and invest portions of the current income to meet their future financial requirements and supplement their City retirement + and Social Security (if appliable), at no cost to the City; and WHEREAS, The U.S. Conference of Mayors has established a master prototype deferred compensation program for cities and political subdivisions permitting its member cities and their employees to enjoy the advantages of this program; WHEREAS, The U.S. Conference of Mayors, as Plan Administrator, agrees to hold harmless and indemnify the City, its appointed and elected officers and participating employees from any loss resulting from The U.S. Conference of Mayors or its Agent's failure to perform its duties and services pursuant to The U.S. Conference of Mayors Program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOES HEREBY RESOLVE AS FOLLOWS: The City Council hereby adopts the U.S. Conference of Mayors Deferred Compensation Program and its attendant investment options and hereby establishes the City of Deferred Compensation Plan for the voluntary participation of all eligible city employees, elected officials and independent contractors. The is hereby authorized to execute for the City, individual participation agreements with each said employee requesting same, and to act as the "Administrator" of the Plan representing the City, and to execute such agreements and contracts as are necessary to implement the Program. It is implicitly understood that other than the incidental expenses of collecting and disbursing the employee's deferrals and other minor adminstrative matters, that there is to be no cost to the City for the Program. PASSED AND ADOPTED THIS DAY OF 19 . MAYOR CITY ATTEST: CITY COORDINATOR, CITY OF *This resolution contains the necessary technical language as to content and substance. If any change in form is necessary in order to comply with applicable city requirements, please make such changes. DC -390 -A (12 -89) White — Service Center, Canary— Entity, Pink— PEBSCO Field Representative Centennial Fire District 7741 Lake Drive Lino Lakes, MN 55014 784 -7472 August 22, 1996 Mayor Wilharber City of Centerville 1880 Main Street Centerville, MN 55038 Dear Mr. Wilharber, At your request I looked at some of the proposed developments proposed for the City of Centerville. I appreciate the opportunity to review these plans and hope that the Fire District can help the cities with some of the issues. i Hensel Property: The drawing that I have shows a road off from Main Street with a cul -de -sac at the end. It also has a short piece of Centerville Road which is connected to the Centerville Road on the north side. The water main was just run to the corner of Westview and Centerville Road. I would hope that this is the water supply that would be used. This is a larger line than the ones to the east and would provide water for the future development of property in this area. I would think that a long term goal for the water system would include a loop that follows Centerville Road from Westview up to Peltier Lake Drive and then goes east to Mill Road. Development of the Hensel property brings the issue of a true extension of Centerville Road. I know there is opposition to this road for many reasons, but I believe there are some benefits to this road also. Centerville Road would provide a better access to the new area being proposed and to part of Peltier Lake Drive for the Fire Department. The road should also provide some relief for Mill Road. When you took at the map you can see that Centerville Road is a natural to help with traffic flow throughout the city. Willow Glen: The drawing that I have reviewed for this project showed an emergency access to 20th Ave. This type of access does not really work because of winter conditions. The streets planned also are 24 feet wide which mean that parking would have to be restricted on the street. The Fire Code states that 20 feet in width must be maintained for emergency access. Other Proiects: I noticed in several areas there are plats that have dead end streets. Besides the fact the Fire Codes requires a turnaround on a dead -end longer than 150 feet, I feel it creates some real safety hazards. Any time that you have to backup a fire truck, a snow plow, a school bus, or even a private car, your chances of hitting something or someone is greatly increased. The practice of allowing these dead -end streets without cul -de -sac could possibly get the city into a legal situation if some accident happened that was caused by a vehicle backing out of one of these dead ends. I know that the builders don't want to give up any land for the cul -de -sac, but the builders are gone in short time and the citizens and the city is left with the roads that were installed either properly or improperly. Summary: I hope that this letter helps you with these issue's and I appreciate the opportunity to comment. Whatever decisions the city makes regarding some of these issue's the Centennial Fire District will continue to serve to the best of our ability. Sincerely, Milo Bennett Centennial Fire Chief CC. Jim March Paul Palzer 1 CENTERVILLE ECONOMIC DEVELOPMENT COMMITTEE REGULAR MEETING MINUTES TUESDAY July 16,1996 Pursuant to due call and notice thereof, the Centerville Economic Development Committee held their regular scheduled meeting on July 16, 1996. Acting Chairperson John Magill called the meeting to order at 7:12 P.M. Present: Mary Capra, Paul Montain, Dan Tourville, Councilmember Brenner. Tim Rehbine arrived at 7:517 P.M. Approval of June 18.1996 Minutes Motion by Mary Capra, second by Tim Rehbine to approve the June 18, 1996 Minutes. All in favor. Star City Goals and Objectives Theresa Brenner is working on getting the new business directory ready to go out with the fail newsletter. Dan Tourville and Paul Montain felt that we are not getting adequate coverage of Council meetings out of the Quad newspaper . Paul Montain thought maybe a synopsis should be sent the Quad from the City when they do not send a reporter to the meetings. Mary Capra will call the editor and see if they would be interested and also ask why they are not covering the meetings. John Magill thought we should relook at our goals and objectives again. Dan Tourville felt one or two businessowners should be invited to each EDC meeting. Paul Montain thought two would be better in case one did not show. Mary Capra will work on worksheet of questions for ads in newsletter. Motion by Mary Capra to invite Reel Mfg. and Casanova Inc. to the next EDC meeting. John Magill will call and invite them. Second by Paul Montain. All in favor. Flood Plain Theresa Brenner stated the final papers just need FEMA approval and this should be completed in the next couple of weeks. MUSA /Comp Plan /City Water /Downtown Zoning Theresa Brenner stated that there is a hold up with the Comp Plan by Met Council but it should still be completed in a couple of months. Dan TOUrvilles feelings are that it will be delayed even longer do to Met Councils concerns over urban sprawl. The water extension to the school was discussed and commented that they are moving right along. Theresa Brenner stated that we should have a proposal in a couple of weeks on the cost of hooking up to Lino Lakes water system. Dan Tourville feels we need to talk to Dean Johnson about the downtown area before the Comp Plan gets any closer to completion. Paul Montain would like to invite downtown property owners and businessawners to a meeting and see what there input on the downtown area is. Senior Housino Councilmember Brenner stated a feasibility study is going to be started by the County for the Centerville project. Dan Tourville stated that Lino Lakes project is underway and is a very nice looking project. The word is that it is all nearly booked. City Hall Sign The sign is here and is down at the Public Works building. The raffle tickets are being sold at local businesses. The drawing will be held at the street dance or on Sunday. John Magill thought we could put the sign in the parade on a trailer and pull it with an ATV with some type of message on the reader board. The thought was to still install it by the end of the summer or early fall and get together some plans on how we want to mount it. Wall Of Fame Mary Capra said the original idea had the writing to small for viewinq so she is working on a bigger picture and will have it ready for the next council meeting to present it to them. John Magill felt the wall of fame should be kept more for lifetime achievements rather than business /citizen of the year. Dedicated Funds Theresa Brenner passed out a summary of the Audit. Paul Montain questioned how the sewer funds were shown as they are to de dedicated funds. John Magill questioned what brought on all this about the audit and dedicated funds. Paul Montain stated that he has always been concerned that the dedicated funds have been used for purposes other than intended. Use Of County Park Land Tim Rehbine has not gotten a hold of Margaret Langfeld but will continue to try. 1 _- Paul Montain stated that Lino Lakes is also looking at working with the County for use of the park land. Future Use Of Land Dan Tourville would like opinions on what people would like to see for the future use of the land that is situated east of 20th Ave and north of Main St. Tim Rehbine felt that there are to many classifications for single family housing, and also that townhomes are not necessarily needed for a buffer from an industrial area. Dan Tourville would like to see this on next months agenda for further discussion. Fences On Corner Lots Dan Tourville is looking for input on ways to change the ordinance concerning corner lots with fencing height on a roadside. Dan Tourville was wondering how to deal with corner lots with regards with putting up a fence and attaching it to an existing fence of a different height. John Magill felt that a 4 foot fence on the roadside should be left because of visual safety reasons. Paul Montain thought that maybe it could be considered at 6 ft to corner of house and 4 fit after the corner. Adjourn Motion by Paul Montain to adjourn the meeting at 9.30 P.M., second by John Magill. All in Favor. Respectfully Submitted, "bww l Lftyookj Danell Westbrock Deputy Clerk imok