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Home My WebLink About2012-04-25 Set Agenda w/Handouts CITY OF CENTERVILLE COUNCIL 6terviric MEETING AGENDA Wednesday, April 25, 2012 6 :30 p.m. or shortly thereafter, RED = Set Agenda OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on the current agenda. Items requiring Council action may be deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign -up sheet and give it to the Mayor or a Staff person by 6:15 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING(S) III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. April 11, 2012 City Council Meeting Minutes (Pages 1 -6) V. CONSENT AGENDA 1. City of Centerville April 12, 2012 through April 25, 2012 Claims (Check #27182 - 27208) (Pages 7 -8) & (Check #27209) (Page 8a) 2. Centennial Police Department Claims through April 12, 2012 (Check #8885 -8918) (Page 9) 3. Agreements (Page 10) a. 1299 Mound Trail — Draintile & Electrical Conduit b. 7322 Old Mill Road — Fence — Encroachment c. 6751 Beaver Pond Way — Driveway Over Water Service Line — Encroachment VI. AWARDS /PRESENTATIONS /APPEARANCES VII. OLD BUSINESS VIII. NEW BUSINESS 1. Res. #12 -0XX — Concurring in the Proposed Issuance of G.O. Refunding Bonds, Series 2012A by the City of Circle Pines for Public Safety (Police Station) (Pages 11 -20) 2. Bald Eagle Waterski Show, Inc. — Permit to Use 7121 Main Street & Shoreline for Ski Shows & Practices (May 1- September 3, 2012) (Pages 21 -26) a. Res. #12 -0XX — Approving Permit (Page 25) IX. ANNOUNCEMENTS /UPDATES 1. City Administrator Larson X. ADJOURNMENT * *REMINDERS ** Parks & Recreation Committee Annual Park Clean Up — April 21, 2012 (Meet @ City Hall & Disburse from there at 8:30 a.m.) Planning & Zoning Commission Meeting — May 1, 2012, 6:30 p.m. Council Parks & Recreation Committee Meeting — May 2, 2012, 6:30 p.m. Council Chambers City Council Meeting — May 9, 2012, 6:30 p.m. Council Chambers —Joint Work Session w/P & R and P & Z Following Regular Meeting of Council City Council Meeting — May 23, 2012, 6:30 p.m. Council Chambers CITY OF CENTERVILLE Page 1 Check Detail - April 25, 2012 - Update Check Date Check # Vender Name Comments Amount 4/27/2012 000285E IRS /EFTPS PAY PERIOD 09 W/H $2,717.46 4/27/2012 000285E IRS /EFTPS PAY PERIOD 09 W/H $2,565.19 Check Nbr 000285 IRS /EFTPS $5,282.65 4/27/2012 000286E MINNESOTA DEPT OF REVENUE PAY PERIOD 09 W/H - STATE PAYROLL TAX Check Nbr 000286 MINNESOTA DEPT OF REVENUE 51,020.12 4/27/2012 000287E WELLS FARGO PAY PERIOD 09 - H.S.A. Check Nbr 000287 WELLS FARGO $1,327.08 4/27/2012 000288E PERA PAY PERIOD 09- PERA Check Nbr 000288 PERA $2,784.70 4/25/2012 027209 US BANK* ADOBE SYSTEMS INC - FORM FOR ON LINE PERMITS Check Nbr 027209 US BANK* $14.99 Total checks $10,429.54 City of Centerville Permit The City of Centerville hereby grants a PERMIT to the Bald Eagle Waterski Show, Inc., (d/b/a/ Bald Eagle Waterski Club) and its members or employees, having a principal place of business at 6521 White Oak Road, Lino Lakes, Minnesota 55038 (hereinafter referred to as "Permittee "). This Permit is subject to the rights, privileges and limitations set forth he , :> .....:. .•�" : rte SECTION ONE .A - ' =x "' " PROPERTY y - g ; fi• .,:., _.,45-0,31:‘:::: .k.,4*! . Permittee shall have the right of use and access to publ > fi 4 . ; �Q ,.: t r a t 7. , a a Street and its shoreline adjacent to Centerville Lake (hereinaft ' 4 „ _ • ` "i a " Prope I y }e SECT � O - The term of this Perm, f, abegin on.. 012. Sf t : 5 on Au. - C . 2013 unless revoked or voide :�� A •,4,, +therw1 fr rs i n thi r a� `•. t. � gd--:.$' b.T F � $,'7 #S a: �F ; r m e :• . 4 }: v' : 53'"7'x' .. `:• fY -? �`•ili: . 3 IT I¢Tl• y , f3:? K.R ��g r r; � W ° # rsto$':k $. P ;.� e : :;_,.- d oes F R z �> ; , ato ` � x i ew i ts waterski shows. As ,. , z E. _ E : do • $`9 > < tee sh. ', : � s : as �: •aeration for the issuance of t gi n` •.3, , f . K :: . S > ` .. ON F S ` > „ v .. *::::: �:... ' E r . 1' o OF THE PROPERTY }W{ �,�'"`�` ; - r4 . t,. } N ** -A : Pur-if o e u �' - ctio gi g; r mittee i s granted variances from Chapter 92 of the r - ; , .: i:; • r. � > � M ill � to . L�� .: • lsh t N rposes set forth in the Permit: >, A. = - '.erm . � . t ;i11 use the Property for the purpose of conducting waterski shows and A: xo s cco .,' . ting public viewing of these shows. Permittee may install a dock into x? ' ` C ent - ll L a k e, subject to approval of St. Paul Regional Water Services and • subject to permits from Minnesota Department of Natural Resources, if any are !:. -:-.1 • , required. No other improvements may be attached to the Property. {. B. The Property is designated as an area where vehicles may be driven by Permittee (in variance of Code Section 92.06); C. Permittee may locate and park a 1 x 12 equipment trailer on the Property at a location to be agreed upon by the parties and that trailer may be present on the Property during times when public grounds are closed (in variance of Code Sections 92.07 & 92.08); D. Permittee may post up to two signs advertising its waterski shows on the Property (in variance to Code Section 92.12), however said signage must otherwise comply 2/ applicable law; E. Permittee may swim from the Property (in variance to Code Section 92.18); F. Permittee may launch a boat from the Property (in variance to Code Section 92.20); and G. Permittee may use the protected shoreline areas of the Property extending fifteen feet from the high water mark of the Lake (in variance to Code Section 92.21) but must maintain and protect the shoreline from erosion or damage. SECTION FIVE OTHER APPROVALS Permittee understands that part of the underlying Property is owned by St. Paul Regional Water Service and a condition of this Permit is that approval must be obtained from St. Paul Regional Water Service. SECTION SIX CITY'S INSPECTION City shall have the right at any time to inspect and examine the Property to insure compliance by Permittee with its obligations under this Permit and its obligations under the law. SECTION SEVEN MAINTENANCE OF THE PROPERTY City will mow the grass on the Property in accordance with the City's normal maintenance schedule. If more frequent mowing is required, Permittee agrees it will do so at its sole cost and expense. Permittee will pick up trash that is left on or around the Property immediately after each waterski show or other sponsored event. Permittee may provide portable toilets for its use and for use of spectators and patrons, however they shall be placed in a location to be mutually agreed upon by the parties. SECTION EIGHT ALTERATIONS Permittee shall not make any alterations, additions, or improvements to the Property without City's prior written consent and the consent of St. Paul Regional Water Services. SECTION NINE LOSS AND DAMAGE Permittee assumes and shall bear the entire risk of loss, damage to, theft or destruction of its dock, trailer and any personal property or equipment that is located on the Property. 7-4 SECTION TEN INDEMNITY Permittee hereby assumes entire responsibility and liability for any and all damage of any kind or nature whatsoever to all persons resulting from, arising out of, or occurring in connection with its use of the Property. If any person shall make a claim for damage or injury here above described, whether such claim may be based upon the City's alleged breach of any duty or obligation on the part of the City, Permittee agrees to indemnify and save harmless City and St. Paul Regional Water Services (SPRWS), its agents, servants and employees from and against any and all losses, expense, damage or injury that the either might sustain as a result of any such claims and Permittee agrees to assume, on behalf of City and SPRWS, the defense of any action at law or equity, which may be brought against the City or SWRWS upon such claims and pay on behalf of City or SPRWS, upon its demand, the amount of judgment that may be entered into against City or SPRWS in such action. SECTION ELEVEN INSURANCE Permittee, at its sole cost and expense, shall procure and maintain insurance coverage which is acceptable to the City Administrator which accomplishes the following: (a) coverage for the risk of harm or negligence to any person due to operations subject to this Permit or Permittee's use of the Property, (b) coverage for the risk of physical damage to its owned personal property and equipment, and (c) coverage for the risk of public liability and property damage, and as to all aspects of insured loss said insurance coverage shall not be in an amount less than $1,000,000. Permittee shall provide proof of insurance for workers compensation insurance as required by Minnesota Law. Moreover, Permittee shall name the City (and if requested, SPRWS) as additional insured on said insurance policies. Continuation of these insurance requirements are an on -going condition of this Permit. As a further condition of insurance coverage, USA Water Ski, Entertainment & Sports Insurance eXperts (ESIX), or any insurance company issuing coverage under this Permit shall be required to notify the City in the event of any notice or intent to discontinue coverage. This Permit is void at such time as Permittee's insurance coverage is not effective. However, Permittee's legal obligations to assume the entire responsibility and liability for any and all damage of any kind or nature whatsoever to all persons resulting from, arising out of, or occurring in connection with its use of the property, continues in perpetuity regardless of the terms of cancellation or termination of this Permit. SECTION TWELEVE CONDTIONS OF PERMIT Permittee shall, without exception, obtain an executed document entitled, "Participant Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement" (hereinafter referred to as a "Waiver ") from each member of its organization who will participate in any activity held at, or staged from, the Property. if such member is a minor, then Permittee shall, without exception, obtain a signed Waiver from a duly authorized parent or guardian. Permittee assumes all risks and waives liability in the event that any such Waiver is not effective or binding. Permittee shall supply a copy of each executed Waiver to the City before any person may participate in activities authorized under this Permit. Only members of Permittee's organization may participate in activities authorized under this Permit. SECTION THRITEEN NON - WAIVER By executing this document Permittee specifically affirms that the City is not waiving or otherwise limiting any of its legal rights or defenses, or otherwise expanding its liability for activities related to the operation of this Permit. SECTION FOURTEEN NOTICES All notices required or permitted under this Permit shall be sufficient if delivered personally or mailed to the party at the address set forth in this Agreement, or at such other address as either party may designate in writing from time to time. Any such notice mailed to such address shall be effective twenty four (24) hours after it has been deposited in the United States mail, properly addressed and with postage fully prepaid. SECTION FIFTEEN APPLICABLE LAW AND ENFORCEMENT The validity, enforcement, and performance of this Permit shall be governed and determined by the laws of the State of Minnesota and the City of Centerville. SECTION SIXTEEN TERMINATION OF PERMIT All of the conditions, standards or other requirements set forth in this document are continuing obligations of this Permit. This Permit is only valid so long as all of the obligations set forth herein are met. The City retains the right to revoke or void this Permit at will, without notice or without affording a hearing to Permittee. IN WITNESS WHEREOF, Permittee has caused this Permit to be executed by an authorized representative on the date appearing below. PERMITTEE: BALD EAGLE WATERSKI SHOW, INC. Dated: , 2012 By: Its CITY OF CENTERVILLE RESOLUTION # RESOLUTION APPROVING BALD EAGLE WATERSKI SHOW, INC. PERMIT FOR USE AND ACCESS TO PRIVATE PROPERTY WHEREAS, the City of Centerville has considered the Permit (attached) to allow the Bald Eagle Waterski Club and its members use and access to public property located at 7121 Main Street and its shoreline adjacent to Centerville Lake. NOW, THEREFORE, IT IS HEREBY RESOLVED AND KNOWN TO ALL, that the City of Centerville, DOES APPROVE the permit. PASSED AND ADOPTED by the City Council this day of , 2012. Mayor Attest: City Clerk, Teresa Bender -1- /'5- PARK FACILITY PERMIT APPLICATION 1. Name /Address/Phone Number of Individual or Organization responsible for 1., i 1g thisapp 'cation. • Or C . t i & 1(-SY1 'WAN . i 09._ 2. Please describe your event/activity and identify the specific facility /field within th- .ark you_wish to use along with what you ar- asking from the City:.. , { • A' wammmentwiniNIIEL 3. What is the number of people that are involved in your event/activity? 3 4 4. What City facilities do you wish to use Acorn Creek Park _� Eagle Park Laurie LaMotte Memorial Park t Hidden Spring Park (Lighting & Warming House) _ _ Trailside Park Cornerstone Park _ — _ Royal Meadows Park Tracie McBride Memorial Park City Hall 5. Please list the date Dr at nd times you propose to e t e aciliti Cfa \ - fi . 1 6. Is anyone charged a fee to watch or partici.. to in y r event? ty i ! C\uh otu2 s - k - 0 A954 ' , , v or\rJ 1a.S 1 , �c eb' 7. Have you used these facilities before? E. so when? W Sik. r i' &Ad .k, CY\ 0+ d�D \,1 \Yai'rayee. 8. Are you requesting additional permits or City services? I I Yes No (i.e., Road Closure(s), Temporary Liquor License(s), Fireworks Permit or Burning Permit, Use of lights, bathrooms or porta potties, Park Buildings) Please describe Depending upon the nature of your event, or if you are requesting City services, you may be required complete a different application and /or make a deposit to cover city costs. Printed Name of Person Signing Da 0 53 � -6-`& Ce I 4k (d7 5 C Signature Office Use Only Permit approved by: Date: Deposit required: $ Receipt # Form number: 2012.01 PU /-6