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Home My WebLink About2013-04-10 CC Agenda w/Handouts CITY OF CENTERVILLE COUNCIL MEETING/WORK SESSION & tervi «e CLOSED EXECUTIVE SESSION AGENDA Wednesday, April 10, 2013 6:30 p.m. or shortly thereafter OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on the current agenda. Items 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 prior to 6:15 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARINGS III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. March 27, 2013 City Council Meeting Minutes (Pages 1 -9) V. CONSENT AGENDA 1. City of Centerville March 27, 2013 through April 10, 2013 Claims (Check #27896- 27912) (Pages 10 -11) & (Check #27913 - 27918) (Page ]]a) 2. Centennial Lakes Police Department Claims through March 28, 2013 (Check 9383 -9402) (Page 12) 3. Church of St. Genevieve Council of Catholic Women — Quilt Raffle & Special Event Private Property (Pages 13 -17) VI. AWARDS/PRESENTATIONS /APPEARANCES VII. OLD BUSINESS 1. Mound Trail Watermain Extension a. Order Improvement — Staff Recommendation (Pages 18 -20) b. Joint Powers Agreement w/Lino Lakes (Pages 21 -25) C. Connection Agreement w/Wiederkehr (Pages 26 -29) d. Connection Agreement w/Drilling (Pages 30 -32) 2. 7261 Main Street Property — Request for Proposal — (Update) VIII. NEW BUSINESS 1. Utility Rate — Define Senior Discount — What Age? IX. ANNOUNCEMENTS/UPDATES 1. Administrator Larson a. Anoka County Highway Department — CSAH21 /Centerville Road WORK SESSION I. CALL TO ORDER 1. Roll Call II. APPEARANCES 1. Mr. Bill Beard, Beard Group ~ Downtown Redevelopment III. RECONVENE TO REGULARLY SCHEDULED MEETING CLOSED EXECUTIVE SESSION (Unless Otherwise Noted) I. CALL TO ORDER II. ITEMS OF DISCUSSION 1. Performance Review of City Administrator Larson III. RECONVENE TO REGULARLY SCHEDULED MEETING COUNCIL MEETING X. Performance Review of City Administrator Larson XI. ADJOURNMENT "REMINDERS" Planning & Zoning Commission Meeting — May 7, 2013, 6:30 p.m. Council Chambers (P.H. Code Amendment — Recycling & Waste Processing — Entirely Within Building Parks & Recreation Committee Meeting — May 1, 2013, 6:30 p.m. Council Chambers City Council Meeting — April 24, 2013, 6:30 p.m. Council Chambers (ABDO, Eick & Meyer — 2012 Audit) City Council Meeting — May 8, 2013, 6:30 p.m. Council Chambers (Ken Tolzman) CITY OF CENTERVILLE 04/10/139:47 AM Check Detail - April 10, 2013 Page 1 Check Date Check # Vender Name Comments Amount 4/10/2013 027913 ANOKA COUNTY CENTRAL COMMUNICA 2013 ANNUAL MOTOROLA 800 MHZ RADIO SERVICE CONTRACT Check Nbr 027913 ANOKA COUNTY CENTRAL COMMUNICA $145.92 4/10/2013 027914 CARGILL INCORPORATED DEICER SALT Check Nbr 027914 CARGILL INCORPORATED _$1,645.02 4/10/2013 027915 CITY OF CIRCLE PINES USE OF FOLDING /INSERT MACHINE FOR 1ST QTR UTILITY $33.34 4/10/2013 027915 CITY OF CIRCLE PINES USE OF FOLDING /INSERT MACHINE FOR 1ST QTR UTILITY $33.33 4/10/2013 027915 CITY OF CIRCLE PINES USE OF FOLDING /INSERT MACHINE FOR 1ST QTR UTILITY 33.33 Check Nbr 027915 CITY OF CIRCLE PINES $100.00 4/10/2013 027916 INTERNATIONAL CODE COUNCIL MEMBERSHIP DUES Check Nbr 027916 INTERNATIONAL CODE COUNCIL $125.00 4/10/2013 027917 MN DEPT OF LABOR & INDUSTRY PRESSURE VESSEL Check Nbr 027917 MN DEPT OF LABOR & INDUSTRY $10.00 4/10/2013 027918 MULTICARE ASSOCIATES BMC PRE - EMPLOYMENT EXAM Check Nbr 027918 MULTICARE ASSOCIATES BMC_ $170.00 TOTAL CHECKS $2,195.94 /a- MOUND TRAIL PROJECT 2013 Extension of watermain from present end point, westerly approximately 950 feet Project Cost Total Bid $ 50,092.00 Tree Removal $ 4,875.00 Health Dept Permit & Engineer $ 2,000.00 Staff Labor $ 1.000.00 Total Cost $ 57,967.00 Reimbursements Anoka County for Wiederkehr property $ 14,025 Anoka County for Visitor Center $ 12,700 Lino Lakes Resident $ 6.350 Total Reimbursements $ 33.075 Balance to recover from future connections (City Share) $ 24,892 Future Reimbursements Benefit to four Centerville Residents @ $6,350 $ 25,400 Anoka County's commitment to participate is attached. I recommend that the council authorize the project with the condition that the Lino Lakes resident provides written commitment to participate. If that fails, the project should be reduced in scope to serve only the Centerville homes. Dallas Larson, Administrator X Coll Anoka County Parks and Recreation 6SO Bunker Lake Boulevard NW Andover, &4N55304 | i ' � April 8, 201 Dallas Larson, Administrator � � City mfCenterville ' 1880 Main Street � Centerville, K«N5SO98 ! RE: RiceCreehCannpgpoundProject — VViedehehrPnopedy � Dallas, ' As you know, Anoka County is not able to operate the Rice Creek campground sewer pump . station unless we resolve the Minnesota Department of Health concerns over the VVeiderhehr ' well location in relation to our existing sanitary sewer line. We appreciated meeting last week to | discuss the possibility ofextending the wate,main down Mound Trail to provide service tmthe | VVeiderkehr home to resolve this problem. � We understand that costs to Anoka County are estimated asfollows: Visitor CenterVVAC Units 2 @ | $8360 $ 137�O | ' ! VVie6erkehr VVAC Unit ' 1 9 � S6360 $ 6,350 VVimdehehr Service Line $ 6,258 ' VVe|dekehr Trunk Fee $ 1 Water Meter $ 400 � ! Sub1ota|VVederkehr $ 14,800 ' Project Total $ 27,500 ' � We understand that the only cost that is variable is the service line which will be adjusted mpmr | down based upon the footage to the actual location within the home where the service line ' terminates. Based upon these costs, Anoka County agrees to participate in the project. We request that the County be given until December 31, 2015 to pay the Visitor Center portion � of the cost ($13,700 VVAC Charge), which will a/|om/ us to explore grants to could cover those ! costs. We understand that the rate could be modified slightly to account for interest and inflation. For the VVeiderkehr connection we vvow|d expect to pay the ogmmextimn fee ($14,800) at the time of connection (summer 2Q13\' � OPEN SPACES |N NEARBY PLACES Phone: 763.757.3928 www.anokocountyparks.com Fax: 763.755.0230 F Thank you for your assistance with getting this issue resolved. We're looking forward to opening the campground as scheduled. If y should have any questions or concerns, please feel free to contact me at 763.767.2860. Si c rely, o . VonDeLinde Dir ctor of Parks and Recreation Cc: Dan Klint, Assistant County Attorney Jeff Perry, Planning and Resources Manager i I i 1 1 i i 1 1 i t a i I i i I i I i I i r I I 3 1 f JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES and THE CITY OF CENTERVILLE THIS AGREEMENT, is made to be effective , 2013, between the CITY OF LINO LAKES, a municipal corporation under the laws of the State of Minnesota (LINO LAKES), and the CITY OF CENTERVILLE, a municipal corporation under the laws of the State of Minnesota (CENTERVILLE). RECITALS: A. Two (2) Lino Lakes residential properties (7185 and 7193 Mound Trail) are located at the end of Mound Trail. B. Lino Lakes does not have sanitary sewer or water available to serve the two (2) Lino Lakes residential properties nor is if feasible for LINO LAKES to extend sanitary sewer or water to serve them. C. It is feasible for CENTERVILLE to serve the two (2) Lino Lakes residential properties with water service and /or sanitary sewer service, and LINO LAKES desires to have CENTERVILLE do so. D. Both properties have previously connected to CENTERVILLE sanitary sewer service. E. The resident at 7185 Mound Trail has requested that CENTERVILLE provide them with the option of securing water service in the near future and is prepared to pay the Centerville lateral connection fee to reserve service when it is needed. F. LINO LAKES desires to cooperate with CENTERVILLE on the extension of CENTERVILLE sewer and water lines to serve property located in LINO LAKES. PURPOSE: Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. AGREEMENT: Now, therefore, in consideration of the foregoing recitals and mutual undertakings, set forth herein, LINO LAKES and CENTERVILLE, agree as follows: SECTION 1 — WATER AND SANITARY SEWER SERVICES A. SANITARY SEWER CONNECTION. Lino Lakes residents at 7185 and 7193 Mound Trail may connect to Centerville sanitary sewer. B. WATER CONNECTION Lino Lakes residents at 7185 and 7193 Mound Trail may connect to Centerville watermains. C. HOLD HARMLESS. Subject to exceptions and limitations provided by law, including but not limited to those contained in Minnesota Statutes, Chapter 466, CENTERVILLE shall hold harmless and defend the City of LINO LAKES from any and all claims made by anyone for any defects or damages of any kind caused by the installation and /or construction of the Sanitary Sewer Service or water service to serve the Lino Lakes residents of Mound Trail. D. EASEMENT. Easements needed (if any) to construct and maintain the sewer or water services shall be acquired by CENTERVILLE. E. OWNERS OF SEWER SERVICE AND WATER SERVICE. The sanitary sewer and /or water mains shall be constructed and owned by CENTERVILLE. All maintenance of the mains shall be the responsibility of CENTERVILLE. Locating of the sanitary and /or water mains and /or service lines shall be the responsibility of CENTERVILLE. F. HOOK -UP FEE. Lino Lakes residents will pay with their permit application any sanitary sewer and /or water connection fee per unit as shall be in effect for CENTERVILLE and Metropolitan Council Environmental Services (MCES) based upon the number of fixture units assigned by the MCES formula. The connection fees may be adjusted from time to time by CENTERVILLE, and such fees shall be based upon the same rate charged for similar services furnished by CENTERVILLE for property lying within the city. G. METERS AND BILLING. Appropriate meters with an outside remote reader shall be installed by Lino Lakes residents at their expense to measure the water used and the sanitary sewer discharged in gallons, into CENTERVILLE sewers, which shall be the means of allocating a user charge to the Lino Lakes residents. The rate per gallon shall be equivalent to the rate charged for similar properties located in CENTERVILLE. Such meters and outside remote readers shall also be inspected by, or under the supervision of CENTERVILLE. Such water and sanitary sewer rates may be adjusted annually by CENTERVILLE. 2 / z H. PREVIOUS CONNECTION. The parties acknowledge that the two residential properties have previously connected to CENTERVILLE sanitary sewer without the benefit of a joint powers agreement. The parties intend that the terms of this agreement shall extend to cover those connections, except that no additional permits and no additional connection fees shall be required. SECTION 2 — MISCELLANEOUS A. TERM. This Agreement may be terminated by LINO LAKES if it determines it will supply the two residential properties with water and /or the Sanitary Sewer Service and /or by CENTERVILLE if it determines it is unable to supply water or the Sanitary Sewer Service to two residential properties. In case of termination, not less than one year in advance of such termination, notice shall be give to the following: To the CITY OF CENTERVILLE: City Clerk City of Centerville 1880 Main Street Centerville, MN 55038 To the CITY OFLINO LAKES: City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 B. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. IN WITNESS WHEREOF, the City of LINO LAKES, and the City of CENTERVILLE have caused this Agreement to be executed on their behalf by their proper Council and Officers. (signatures on following pages) 3 CITY OF CENTERVILLE By: Tom Wilharber, Its Mayor By: Teresa Bender, Its City Clerk STATE OF MINNESOTA ) COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2013 by Tom Wilharber, Mayor of the City of Centerville, and by Teresa Bender, City Clerk of the City of Centerville, Minnesota, a municipal corporation, on behalf of the corporation. Notary Public 4 z CITY OF LINO LAKES By: Jeff Reinert, Mayor By: Julie Bartell, City Clerk Dated: , 2013. STATE OF MINNESOTA ) COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2013, by Jeff Reinert, Mayor of the City of Lino Lakes, and by Julie Bartell, City Clerk of the City of Lino Lakes, Minnesota, a municipal corporation, on behalf of the corporation. Notary Public 5 DRAFT DRAFT DRAFT SPECIAL ASSESSMENT AGREEMENT WAIVER OF HEARING AND APPEAL AGREEMENT made this _ day of , 2013, by and between the City of Centerville, a Minnesota municipal corporation ( "City "), and Mathew H Weiderkehr and Elizabeth Weiderkehr, Trustees of the Mathew H Wiederkehr Revocable Trust c /u/a dated November 6, 2001 ( "Property Owner "). RECITALS A. Property Owner is the fee owner of the following described real property, located in the City of Centerville, Anoka County, Minnesota ( "Subject Property "): 1261 Mound Trail Lot 5, Block 1, Buechler Estates PIN # 15- 31 -22 -33 -0017 B. Property Owner requests that the City of Centerville undertake the improvement to construct a watermain extension and installation of a service line connecting the home with water and including restoration of the yard and patching of the concrete floor or basement slab and sealing of the existing well. ( "Public Improvement "). C. The costs expected to be incurred for the Public Improvement is the amount of the special assessment listed below. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: -1- /a DRAFT DRAFT DRAFT 1. The City will assess the Subject Property for its portion of the Public Improvement. The amount of the special assessment is $15,625. The special assessment principal shall be payable in a lump sum not later than July 15, 2013. 2. The Property Owner waives any and all procedural and substantive objections to the Public Improvement and special assessments, including, but not limited to, hearing requirements and any claims that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any right to appeal pursuant to Minn. Stat. §429.081. 3. Property Owner may prepay the entire special assessment without interest if paid in full by July 15, 2013. If the special assessment is not fully paid by such date, then the entire unpaid balance shall be certified to Anoka County for collection with property taxes on the property in payable in 2014 together with interest from July 15, 2013 to December 31, 2014. 4. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property and it shall run with the property. 5. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. 6. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient by the City. 7. In the event any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 8. Except as specifically stated herein, the payment of this special assessment shall be governed by Minnesota Statutes Chapter 429. -2- DRAFT DRAFT DRAFT PROPERTY OWNER: BY: Mathew H Weiderkehr, Trustee of the Mathew H Wiederkehr Revocable Trust By: Elizabeth Weiderkehr, Trustee of the Mathew H Wiederkehr Revocable Trust STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2013, by Mathew H Weiderkehr and Elizabeth Weiderkehr, Trustees, on behalf of Mathew H Wiederkehr Revocable Trust. Notary Public CITY OF CENTERVILLE BY: Tom Wilharber, Mayor Teresa Bender, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2013, by Tom Wilharber and by Teresa Bender, the Mayor and City Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public -3- DRAFT DRAFT DRAFT PIN # 15- 31 -22 -33 -0017 RIGHT OF ENTRYIWAIVER THE UNDERSIGNED, owners of certain land in the City of Centerville, who are the sole persons with a right to grant entry to the affected property described herein, in consideration of One Dollar ($1.00) and other good and valuable consideration, do hereby consent and grant unto the CITY OF CENTERVILLE, a Municipal corporation under the laws of the State of Minnesota, ( "City ") its agents and assigns, the right to enter upon and commence construction and all related activities therewith, over, under, on, and across the real property described in the attached Special Assessment Agreement for the purpose of installing a water service line and water meter and sealing of the existing well. ( "Improvements "). Some of the work will take place in the Owner's home as well as outside on the Owner's property. It is understood by the undersigned that the City will complete the Improvements and restore the Subject Property to a condition as nearly equal as possible to that which existed prior to construction, except that the City will not restore finishes on floors that are opened in order to make the Improvements. It is understood that a hole will be cut in the concrete floor and the hole will be patched after the work is complete. Dated this day of , 2013. PROPERTY OWNER: Mathew H Wiederkehr Revocable Trust By: Mathew H Weiderkehr, Trustee By: Elizabeth Weiderkehr, Trustee -4- WATERMAIN CONNECTION AGREEMENT AGREEMENT made this day of , 2013, by and between the City of Centerville, a Minnesota municipal corporation ( "City "), and Lloyd K Drilling and Linda K Drilling ( "Property Owner "). RECITALS A. Property Owner is the fee owner of the following described real property, located at 7185 Mound Trail in the City of Lino Lakes, Anoka County, Minnesota ( "Subject Property "): See attached Exhibit A B. Property Owner requests that the City of Centerville undertake the improvement of Mound Trail to serve the subject property with watermain. ( "Public Improvement "). C. The estimated costs expected to be incurred for the Public Improvement total approximately $58,000. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Property owner will pay the sum of $6,350 as a lateral connection fee for the privilege of connecting to the Centerville watermain, such payment shall be made with the execution of this agreement. 2. The Property Owner understands that he will pay costs associated with the future connection of the property to the home, including the Centerville Trunk Access Fee, water meter, as well as any permits and the costs of a private contractor constructing the service line. It is understood that these fees and costs will be determined at the time of connection. 3. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. DRAFT DRAFT DRAFT CITY OF CENTERVILLE PROPERTY OWNER: BY: Parcel #: 23- 31 -22 -22 -0003 Tom Wilharber, Mayor BY: Lloyd K Drilling Teresa Bender, City Clerk BY: Linda K Drilling STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2013, by Tom Wilharber and by Teresa Bender, the Mayor and City Clerk of the City of Centerville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2013, by Lloyd K Drilling and Linda K Drilling, husband and wife.. Notary Public 2 DRAFT DRAFT DRAFT EXHIBIT A PID #22- 31 -22 -22 -0008 7185 Mound Trail THAT PRT OF GOVT LOT 2 SEC 22 TWP 31 RGE 22 DESC AS FOL: COM AT NW COR OF SD GOVT LOT, TH E ALG N LINE OF SD GOVT LOT 389.7 FT TO POB, TH CONT E ALG SD N LINE 502.30 FT,TH S 39 DEG W 360.29 FT, TH W 275.56 FT, TH N 280 FT TO POB, EX THAT PRT LYG NLY OF FOL DESC LINE: COM AT A PT ON S LINE OF GOVT LOT 6 SEC 15 SD TWP & RGE 389.7FTE OF SW COR OF SD GOVT LOT 6 (SD S LINE HAS ASSD BRG OF S 89 DEG 27MIN 25 SEC W)TH N 55 DEG 40 MIN 26 SEC E ALG SELY R/W LINE OF MOUND TRAIL 80 FT, (SD SELY R/W LINE IF EXT NELY WOULD INTER E LINE OF SD GOVT LOT 6 AT A PT 715 FT S OF NE COR THEREOF) TH CONT N 55 DEG40 MIN 26 SEC E ALG SD R/W LINE 150 FT, TH S 34 DEG 19 MIN 34 SEC E 337.40 FT, TH S 38 DEG 27 MIN 25 SEC W 98.75 FT TO POB OF SD LINE, TH N 36 DEG 54 MIN 26 SEC W 230.14 FT, TH N 52 DEG 39 MIN 39 SECW 144.03 FT & SD LINE THERE TERM, SUBJ TO EASE OF REC 3