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HomeMy WebLinkAbout2014-06-11 CC Set Agenda at -n-tervAe CITY OF CENTERVILLE COUNCIL MEETING AGENDA Wednesday, June 11, 2014 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 6:00 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call III. AWARDS/PRESENTATIONS/APPEARANCES 1. Centerville Lions,Mr. Greg Kieselhorst—P & R Donation IV. PUBLIC HEARING 1. None. :. APPROVAL OF AGENDA VI. APPROVAL OF MINUTES 1. May 28,2014 City Council Meeting Minutes (Pages 1-5) VII. CONSENT AGENDA 1. City of Centerville May 29,2014 through June 11,2014 Claims (Check#28711- 28729)w/Voided Check#28687 (Pages 6-7) & Check #28732-28736 w/Voided Check f47R7?7 Mvao 7") t- _'N_ -1 2. Centennial Fire District Claims through June 5, 2014 (Check#6426-6439) (Page 8) 3. Encroachment Agreement—Fence, 1916 Eagle Trail(Page 9) 4. Encroachment Agreement—Fence, 1871 —73rd Street (Page 10) VIII. OLD BUSINESS 1. Anoka County Fire Protection Council Joint Powers Agreement **Tabled 4/23/14 & 5/14/2014** (Pages 11-35) IX. NEW BUSINESS 1. Purchase of Truck Under State Cooperative Purchasing Program (Tabled from Previous Meeting) (Pages 36-40) (Equipment Replacement Schedule) (Pages 41-44) 2. City of CenterviIle/Bald Eagle Waterski Show, Inc. Permit Use of City Owned Property @ Trailside Park for Ski Shows 5/2014-8/31/2019 (Pages 45-48) "REPLACEMENT PAGES" X. ANNOUNMENTS/UPDATES 1. Administrator Larson XI. ADJOURNMENT "REMINDERS" Garage Sale Days-June 13 & 14, 2014, 8:00 a.m. -4:00 p.m. Clean Up Day-June 21, 2014, 8:00 a.m. - 1:00 p.m. (LaMotte Park Parking Lot-Waste Management, Electronic Recycling, Florescent Bulb Recycling, Paper Shredding & Bicycle Recycling) Planning & Zoning Commission Meeting-July 1, 2014, 6:30 p.m. (Council Chambers) City Council Meeting-June 25, 2014, 6:30 p.m. (Council Chambers) Parks & Recreation Committee Meeting-July 2, 2014, 6:30 p.m. (Council Chambers) City Hall Closed in Observance of Independence Day-July 4, 2014 City Council Meeting-July 9, 2014, 6:30 p.m. (Council Chambers) Register for the 5K/8K Run, Parade & Garage Sale Days on-line! PARK USAGE RESER VA11UN5 Ms. Jaci Smetana, Fitness Classes, Parking Lot, Football/Soccer Fields/Shelter, LaMotte Park-April 28 through October 31, 2014, Monday through Thursdays from 5:30-6:30 a.m. Centennial Little League, Ball field#3, #4 and possibly#5, LaMotte Park-April 1 through August 1, 2014, Monday through Fridays from 4:00 p.m. to dark Centennial Soccer Club, Fields #1, #2 and 11, LaMotte Park-April 1 through July 26, 2014, 5:30 p.m. to sunset&Acorn Creek Cub Scout Pack 432 Picnic & Rocket Launch-LaMotte Park, June 7, 2014, 8:00 a.m. to 1:00 p.m. (Mutually Agreed Use w/Wu Long Karate, LLC for Use) Wu Long Karate -LaMotte Park, June 7, 2014, 8:00 a.m. to 12:00 p.m. (Mutually Agreed Use w/Cub Scout Pack 432) Centennial Soccer Club, Soccer, Fields #1, #2 and 11, LaMotte Park-August 1 through October 31, 2014, 5:30 p.m. to Sunset(Monday, Wed. & Fridays) (Mutually Agreed Use w/CYF) Centennial Youth Football, Fields #1, #2 and 11, LaMotte Park-August 1 through October 31, 2014, 5:00 p.m. to 7:30 p.m. (Tues., Thurs. & Saturday Early Morning/Late Afternoon(Mutually Agreed Use w/CSC) Centennial Baseball Boosters, 5K/8K Run- LaMotte Park Trails - September 27, 2014, 6:30 a.m. to 11:00 a.m. TUSIC IN THE PARK— Hidden Spring, 6:30 p.m. June 10, 2014 —BBB Combo (Jazz) June 17, 2014—Porch Pickers (Blue Grass/Country) June 24, 2014 —Until Then(Acoustic Pop/Rock/Alt. Country) July 1, 2014— Capt'n Thomas Black (Acoustic Rock/Indie/Story) July 8, 2014— Seven Cats Swing (Swing/Jazz) July 15, 2014 —Mean Gene & The Woodticks (Acoustic Folk/Rock/Blues) July 22, 2014 —Mike Conlon (Acousic Rock/Country) July 29, 2014—Maple Street Ramblers (Dixie Land) CITY OF CENTERVILLE 06/11/14 3:05 PM Check Detail - June 11, 2014 Page 1 Check Date Check# Vender Name Comments Amount 6/4/2014 000598E PSN PERMIT&FEES-ACH CHARGES $2.50 6/4/2014 000598E PSN UTILITY-ACH CHARGES $78.85 6/4/2014 000598E PSN UTILITY-ACH CHARGES $78,85 6/4/2014 000598E PSN 8K RUN-ACH CHARGES $1.00 Check Nbr 000598 PSN $161.20 6/11/2014 028732 CENTENNIAL FIRE DISTRICT FIRE FIGHTER RELIEF ASSOC. $2,000.00 Check Nbr 028732 CENTENNIAL FIRE DISTRICT $2,000.00 6/11/2014 028733 EATON,NANCY FLOWER- PARK MONUMENT SIGN $21,89 Check Nbr 028733 EATON,NANCY $21.89 6/11/2014 028734 GOER LANDSCAPE&IRRIG. MAY 2014-TRACIE MCBRIDE PARK $92.85 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014-ACORN CREEK PARK $200.34 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014-CORNER STONE PARK $41.82 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014-EAGLE PARK $29.00 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014- HIDDEN SPRINGS PARK $168.19 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014-ROYAL MEADOWS PARK $34,98 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014-TRAIL EDGES $50.44 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014-TRAILSIDE PARK $20,82 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014-CITY HALL $98.07 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014- 1737 MAIN ST $48.66 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014-7212 MILL RD $16.21 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014-WESTVIEW LOTS $32.44 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014-COMMERCE DRIVE LOT $192.78 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014- DOWNTOWN LOTS $85.28 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014- PELTIER LAKE LOT $16.22 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014-WATER TOWER SITE-OLD P.W. $27.88 6/11/2014 028734 GOETZ LANDSCAPE&IRRIG. MAY 2014- LAURIE LAMOTTE PARK $757.26 r Nbr 028734 GOETZ LANDSCAPE&IRRIG. $1,913.24 6/11/2014 028735 LEAGUE OF MN CITIES 2014 SAFETY&LOSS CONTROLL WORKSHOIP $20.00 Chm-K Nbr 028735 LEAGUE OF MN CITIES $20 00 6/11/2014 028736 CENTENNIAL FIRE RELIEF ASSOC. FIRE FIGHTER RELIEF ASSOCIATION $2,000.00 Check Nbr 028736 CENTENNIAL FIRE RELIEF ASSOC. $2,000.00 6/10/2014 276860001 BRANCH, PATRICK to record ck#27686 that was voided in 2013(replacement) $20.00 Check Nbr 276860001 BRANCH,PATRICK $20.00 TOTAL CHECKS $6,136.33 Voided Check #28732 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 herein. SECTION ONE PROPERTY Permittee shall have the right of use and access to public property located at 7121 Main Street and its shoreline adjacent to Centerville Lake (hereinafter referred to as"Property"). SECTION TWO TERM The term of this Permit shall begin on May 15, 2014 and shall expire on August 31, 2019 unless revoked or voided for reasons otherwise specified in this document. Thereafter, unless notice of tem-iination is received sixty-days (60) prior to this annual deadline,the Permit shall self- renew for up to five additional one-year terms. SECTION THREE PERMIT CONSIDERATION It is understood that Permittee does not charge spectators to view its waterski shows. As long as that condition exists the permit fee shall be $1.00 per year, however,Permittee shall pay City $2500.00 on September 30, 2014 and an additional $2500 on September 30, 2015 as additional consideration for the issuance of this Permit. SECTION FOUR PERMITTED USE OF THE PROPERTY Pursuant to Code Section 92.30, Permittee is granted variances from Chapter 92 of the Centerville Code to accomplish the purposes set forth in the Permit: A. Permittee will use the Property for the purpose of conducting waterski shows and accommodating public viewing of these shows along with necessary practice sessions. Permittee may install a dock into Centerville Lake, subject to approval of St. Paul Regional Water Services and subject to permits from Minnesota Department of Natural Resources, if any are 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 10 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 applicable law; f �� 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..-If the city acquires tl;e property owned by St. Paul Regional Water, then this section shall not apply. 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 Pen-nit 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. 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, cf' Permittee agrees to indemnify and save harrnless 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 TWELEVF CONDITIONS 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 Penxrittee'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 amend, 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 SBO«, INC. Dated: ��:�.,� �� , 20141- By: Its DATE: 6/10/2014 CERTIFICATE OF INSURANCE -------- -- -- - CERTIFICATE NUMBER: 20140610250629 AGENCY: ESIX 3 LLC - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANL d/b/a Entertainment&Sports Insurance eXperts(ESIX) CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES d/b/a Entertainment and Sports Insurance Agency(California) NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 2727 Paces Ferry Road,Building Two,Suite 1500 BELOW. Atlanta,GA 30339 678-324-3300(Telephone) 678-324-3303(Facsimile) NAMED INSURED: �� - _- � INSURERS AFFORDING COVERAGE: USA Water Ski Bald Eagle Water Ski Show Inc INSURER A: Philadelphia Indemnity Ins.Co. 1251 Holy Cow Road 9020 Nashua Ave NE Polk City FL 33868 Lino Lakes MN 55330 INSURER B: Philadelphia Indemnity Ins.Co. POLICY/COVERAGE INFORMATION: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INS TYPE OF INSURANCE: i POLICY NUMBER(S): EFFECTIVE: i EXPIRES: LIMITS: A GENERAL LIABILITY 1/1 iP /2015 ' X COMMERCIAL HPK1110274 1/1/2014 GENERAL I - { NERAL AGGREGATE(Applies Per Event) $2,000,000 i LIABILITY --- I 12:01 AM 12:01 AM -GE - -- - 11 --- i EACH OCCURRENCE $1,000,000 X Occurrence DAMAGE TO RENTED PREMISES(Each Occ.) $1,000,000 ' X Participant Legal Liability ---- -- I MEDICAL EXPENSE(Any one person) -- EXCLUDED I PERSONAL&ADV INJURY $1,000,000 PRODUCTS-COMP/OP AGG $2,000,000 ~B UMBRELLA/EXCESS LIABILITY - --------— —------ PHU443 - /1/2014- ;1/1/2015 `"� 6398 .__. ---.-------- ------ ----•-- I I X Occurrence AGGREGATE(Applies Per Event)-- —$1,000,000 f — - 12.01 AM 12:01 AM ----- - X SIR (� EACH OCCURRENCE $1,000,000 RETENTION/DEDUCTIBLE- - -- - _-$10,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS: r �� The certificate holder is an Additional Insured with respect to liability arising out of the negligence of the Named Insured as per the following endorsement:Additional I Insured-Certificate Holders(Form PI-AM-002). Coverage only applies with respect to tournaments,practices,exhibitions,clinics and related activities sanctioned and approved by USA Water Ski,Inc. i 1 f { s { i I 1 ! 1= � CERTIFICATE HOLDER: -- - _— - NOTICE OF CANCELLATION: City of Centerville �x Should any of the above described policies be cancelled before the expiration date thereof, c/o Teresa Bender { notice will be delivered in accordance with the policy provisions. 1880 Main Street AUTHORIZED REPRESENTATIVE: Centerville MN 55038 `f I I