Loading...
HomeMy WebLinkAbout2015-11-12 CC Set Agenda w--Handouts ribterviffe CITY OF CENTERVILLE COUNCIL MEETING & E:atathdit4 t8' CLOSED EXECUTIVE SESSION AGENDA Thursday, November 12, 2015 — Set Agenda = Red 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. PLEDGE OF ALLEGIANCE III. APPOINTMENTS/PRESENTATION 1. Ms. Julie Jeppson, Development Director, Stepping Stone Emergency Housing (Page 1) 2. Mr. Lou Suski, Gaughan Companies & Mr. Dan Huffman, ISD# 12 a. Purchase Offer— 1737 Main Street& Abutting Property (Page 1) IV. PUBLIC INPUT V. APPROVAL OF AGENDA VI. APPROVAL OF MINUTES 1. October 28, 2015 City Council Meeting Minutes (Pages la-1fi VII. CONSENT AGENDA 1. City of Centerville October 28, 2015 through November 12, 2015 Claims (Check#29812-298301) (Pages 2-3) & (Check #29832-29840) w1voided(Check #39826 & 29814) (Page 3a) 2. Centennial Fire District Claims through November 2, 2015 (Check#7183-7194) (Page 4) 3. Successful Performance Review, Mr. Tedd Peterson, Public Works Maintenance Technician—(Completion of 16 years) 4. Approve SCADA Remote Dialer Upgrade, Hallfield Controls (Pages 5-7) *Replacement Pages* 5. Parks & Recreation Committee Recommendation to Purchase (2) Coffee Pots and Popcorn Machine (Page 8) 6. Approve Replacement of Outside Lighting @ P.W. Maintenance Facility (LED) (Pages 9-13) VIII. OLD BUSINESS IX. NEW BUSINESS 1. Discussion on Purchase Agreement— 1737 Main Street& Abutting Property 2. 1709 Main Street—Ind. School Dist.#12 Condemnation Notice (Pages 14-33) 3. Centerville Elementary Parking Lot Design 4. Planning& Zoning Commission Recommendation to Adopt Chapter 155: Flood Damage Prevention (Pages 34-82) 5. Planning& Zoning Commission Recommendation to Adopt Chapter 156.166, Second Series Amendment to Parking Requirements for Other Industrial or Warehousing (Pages 83-89) 6. Revised Grading Plan—Pheasant Marsh Third Addition Vacant Lots (Page 90) 7. 2016 Liquor& Tobacco Renewal Licensing(Subject to Successful Review & Background Checks by Police Dept. & All Delinquent Property taxes and Municipal Utilities Being Paid) (Page 91) a. CenterMart—Tobacco b. Corner Express—Tobacco C. Kelly's Korner—On Sale, Off Sale & Sunday Liquor d. Wiseguys Pizza—On Sale& Sunday Liquor e. Main Street Liquor Barrel—Off Sale Liquor& Tobacco f. Platinum Liquor—Off Sale Liquor& Tobacco g. Southern Rail—On-Sale, Off-Sale, Sunday Liquor X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS 1. Administrator Ericson a. TED 2. Council Engineer Statz—Advertisement for Bids (Pages 92-94) CLOSED EXECUTIVE SESSION (Pending Litigation) I. CALL TO ORDER 1. Roll Call II. ITEMS OF DISCUSSION 1. 7258 Mill Road 2. Ruffridge Johnson Purchase Agreement,2065 Commerce Drive III. ADJOURNMENT XI. ADJOURNMENT *REMINDERS** Planning& Zoning Commission Meeting—December 1, 2015, 6:30 p.m. (Council Chambers) Parks &Recreation Committee Meeting—December 2, 2015, 6:30 p.m. (Council Chambers) Council Meeting—November 24, 2015, 6:30 p.m. (Council Chambers), P.H. Delinquent sties/Maintenance City Council Meeting—December 9, 2015, 6:30 p.m. (Council Chambers) Parks & Recreation—January 9, 2016 - Family Skate Night, LaMotte Park (6:30 p.m. —9:00 p.m.) Parks & Recreation—February 6, 2016 - Family Skate Night, LaMotte Park(Hayrides 6:30 p.m. —8:30 p.m.,popcorn,hot cocoa and bonfire(6:30 p.m. —9:00 p.m.) CITY OF CENTERVILLE CITY COUNCIL MEETING October 28,2015 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of October 28, 2015 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member Jeff Paar Council Member D. Love ABSENT: None. Not A STAFF: City Administrator Mike Ericson City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE III. APPOINTMENTS/PRESENTATION 1. Mr. Lou Suski, Gaughan Companies & Mr. Dan Huffman,ISD# 12 a. Purchase Offer-1737 Main Street & Abutting Property Mr. Suski was unable to attend the meeting—item will be discussed at the next Council meeting. IV. PUBLIC INPUT 1. None. V. APPROVAL OF THE AGENDA Mayor Wilharber added Checks #29803-29811 and Pages #la-lh to VI. Approval of Minutes, Item#1 and Pages 251a-251b to IX. New Business, Item#2. Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve the Asenda with the above stated amendments All in favor. Motion carried VI. APPROVAL OF MINUTES City of Centerville Council Meeting Minutes October 28,2015 1. October 14, 2015 City Council Meeting Minutes Mayor Wilharber provided Council Members with an opportunity to amend the presented minutes. Motion by Council Member Paar, seconded by Council Member King to approve the minutes of the October 14, 2015 City Council Meeting as presented All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville October 14, 2015 through October 28, 2015 Claims (Check #29789-29802) & (Check#29803-29811) 2. Centennial Lakes Police Department Claims through September 24, 2015 (Check #10567-10590) 3. Centennial Fire District Claims through October 15, 2015 (Check#7165-7182) & (Check #7161-7164 Payroll) 4. Embedded Systems, Inc. Annual Contract Renewal—Tornado Siren Maintenance 5. Approve Resignation of Planning&Zoning Commissioner Mr. James Flint&Vacancy Advertisement Mayor Wilharber questioned whether a plaque or certofocate for service should be presented to Mr. Flint for his years of service. Administrator Ericson stated that it is customary and a very nice way of showing the City's appreciation. Administrator Ericson stated that information will be brought back to Council. Motion by Council Member King, seconded by Council Member Fehrenbacher, to approve the Consent Agenda as presented All in favor. Motion carried VIII. OLD BUSINESS 1. Res. #15-OXX—Approving Joint Powers Agreement Between the City of Lino Lakes and Centerville Regarding Maintenance of West Cedar Street Administrator Ericson stated that subsequent to Council's direction of your last meeting, Attorney Glaser made modifications to the original document which is provided for Council's consideration this evening. Lengthy discussion was had regarding lack of benefit to the City of Centerville until such time that the roadway extends to 21St Avenue, costs for maintaining a roadway that the City of Lino Lakes requested the City to pay only 10% of, and approved agreements prior to any work commencing that the City of Lino Lakes anticipates the City of Centerville paying for. Engineer Statz suggested that removing all language contained in AGREEMENT, 2. Division of Cost, a. Page 2 of 6 City of Centerville Council Meeting Minutes October 28,2015 Motion by Council Member Love, seconded by Council Member Fehrenbacher to Remove Section 2. Division of Cost and Approve Agreement All in favor. Motion carried Council Members Paar& King opposed (3/2) vote 2. Res. #15-037—Approving Plans & Specifications and Ordering Advertisement for Bids on 2016 Thin Mill& Overlay Project Engineer Statz apologized for the length of the document that was contained in Council's packet by stating that generally the Council only receives the plans, stated that bids would be received on December 2, 2015 prior to Council's December 9, 2015 meeting due to their request to have the anticipated amounts for budget consideration. Motion by Council Member Love, seconded by Council Member Paar to Approve Res #15-037—Approving Plans & Specifications and Ordering Advertisement for Bids on 2016 Thin Mill& Overlay Proiect as Presented All in favor. Motion carried IX. NEW BUSINESS 1. Consider Purchase Offer for City Owned Property at 1737 Main Street& Vacant Abutting Lot PIN#23-31-22-21-0058 Due to Mr. Suski's absence, item will be discussed at Council's next meeting. 2. Presentation of Findings—Potentially Dangerous Dog Appeal "Rio" Administrator Ericson stated that he and Attorney Glaser held a Potentially Dangerous Dog Appeal hearing prior to the October 14, 2015 Council meeting. He prepared his findings for Council and invited the dog owners to the Council meeting. His report reaffirmed the designation of"Rio" as Potentially Dangerous per Chief Coan's designation. Attorney Glaser stated that the dog must be licensed as Potentially Dangerous, prove that it has current vaccinations, be microchipped, under control of someone older than 16 years of age, have a proper enclosure and be leashed and muzzled (gentle leader for smaller breeds) while outside of the proper enclosure. Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to affirm Chief Coan's designation of"Rio" as Potentially Dangerous All in favor. Motion carried 3. Call for a Public Hearing—Kelly Property/Easement/Trail—7258 Mill Road Attorney Glaser stated that in an attempt to save litigation costs and gain a permanent easement for the City's trail along the front of the Kelly property calling for a public hearing to commence eminent domain proceedings which would be necessary to gain easements for the trail and utilities in the area. Attorney Glaser also stated that the Kelly's are stating that from their property line to the edge of the street, which includes the City's trail, is not a part of public land Page 3 of 6 k City of Centerville Council Meeting Minutes October 28,2015 (aka "common land") and the trail is not a roadway so it has become their private property. The Kelly's do not desire to enter into negotiations for an easement at this time. Attorney Glaser stated that the Kelly's lawsuit was filed in 2011 upon the City's construction of the trail, is the only lawsuit filed associated with the trail and is the only property involved in this situation. Motion by Council Member Vim , seconded by Council Member Love to Order a Public Hearing Commencing Eminent Domain Proceedings Associated with Gaining an Easement for the Trail and Associated Public Utilities the Front Property Line of 7258 Mill Road for the December 9, 2015 Council Meeting. All in favor. Motion carried 4. Review Metropolitan Council's 2015 System Statement- Centerville. Administrator Ericson stated that provided in Council's packet was the Metropolitan Council's 2015 System Statement — Centerville specific and that this document would assist the City Staff in amending the City's current Comprehensive Plan. Administrator Ericson noted that there were some minor corrections with population estimates that would need to be corrected, however, the systems takes a picture of where the City is today. Lengthy discussion ensued regarding affordable housing, how the numbers are derived, use of other criteria as in the past to incorporate Centerville's diverse housing market and future grant accessibility. Mayor Wilharber stated that no action is need on this item as it is to be utilized as a tool for updating the City's Comprehensive Plan and assist staff and Council in determining future needs. X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS 1. Administrator Ericson Administrator Ericson stated that he recently attended Anoka County's first Upriver Economic Development—Getting Deals Done in Anoka County meeting. Administrator Ericson stated that it was attended by County Commissioner Rhonda Sivarajah, local community leaders, commercial brokers, and partners for financing/grants provided an excellent opportunity for the City to invite businesses to their communities. Administrator Ericson also stated that the gathering provided an opportunity to network, that he and staff had drafted a Community Profile and PowerPoint that he made available to individuals that were interested. Administrator Ericson provided the information to Council for their review. Administrator Ericson also stated that he was recently asked to participate in a recent Sensible Land Coalition meeting where he was a panelist on a "Dating Game" acting as a City Administrator and developers were the suitor. Administrator Ericson stated that he had invited Mr. Suski to attend both events. Page 4 of 6 City of Centerville Council Meeting Minutes 2. Council October 28,2015 Attorney Glaser stated that the recent software upgrades for the law enforcement component of the prosecutors computer system within Anoka has been down but it is anticipated to streamline operations between the differing entities. Attorney Glaser also stated that the Ticket Education program is also receiving updates and that he is currently speaking with the Centennial Lakes Police Commission Administrators regarding an expanded scope of program offerings. Mayor Wilharber had concern regarding potential for the State of Minnesota being able to come after the City for fees generated through the system. Attorney Glaser stated that the Supreme Court and District Court turned down several cases previously and are not interested along with new legislation in the 2016 session associated with these revenues. Engineer Statz stated that the Planning & Zoning Commission held a public hearing regarding Parking Requirements (City Code 156) and Flood Plain. Engineer Statz stated that both of these items will be on Council's next agenda. Council Member Paar had concern regarding maintenance responsibility of grass near the Mayor's home and east side of Meadow Lane up to Dupre Road. Engineer Statz stated that it would be the abutting property owners responsibility and generally the County maintains such areas as they have equipment that will accommodate those services. The current agreement with Anoka County states that the abutting property owners are responsible. Council Member Paar suggested forwarding notice to the property owners. Engineer Statz stated that he would speak with Public Works Director Palzer regarding the City's maintenance plan and bring that information to Council. Administrator Ericson stated that he and Staff met on site with school staff to discuss their parking facility plan, green space needs, purchase of the City's property and inaccuracies of the County's valuation of 1737 Main Street. Council Member Fehrenbacher felt strongly that if would be financially beneficial for the property to be purchased by an entity that was not tax exempt. Administrator Ericson also stated that the City had just received information regarding the School District's eminent domain proceedings against Mr. Paul Steffel owner of 1709 Main Street. Engineer Statz questioned whether the School District was aware of the City's Downtown Redevelopment plans and parking necessities for future growth. Administrator Ericson stated that he is willing to schedule a meeting between Staff and the School District to inform them of the City's Redevelopment Plan and parking requirements related to the plan. Attorney Glaser stated that the School District is also working with other neighboring property owners for securing their property also. Discussion ensued regarding purchase of a new squad car for the Police Department, photo with Mayors of the cities and promotion of two sergeants to lieutenants. Administrator Ericson stated that he would arrange a time for a photo with all Mayors affiliated with the Centennial Lakes Police Department. Page 5 of 6 City of Centerville Council Meeting Minutes October 28,2015 XI. ADJOURNMENT Motion by Council Member Paar, seconded by Council Member Fehrenbacher, to Adiourn the Regularly Scheduled Council meeting of October 28, 2015 at 7:45 p.m. All in favor. Motion carried. Page 6of6 CITY OF CENTERVILLE 11/12/15 9:34 AM Page 1 Check Detail - November 12, 2015 — Corrected Check List Check Date Check# Vender Name Comments Amount 11/6/2015 000806E MINNESOTA DEPT OF REVENUE STATE W/H-PAY PERIOD 22 Check Nbr 000806 MINNESOTA DEPT OF REVENUE $980.93 11/6/2015 000807E WELLS FARGO H.S.A.W/H-PAY PERIOD 22 Check Nbr 000807 WELLS FARGO $1.052.07 11/6/2015 000808E PERA PERA W/H-PAY PERIOD 22 Check Nbr 000808 PERA $2,620.89 11/6/2015 000809E IRS/EFTPS FED.W/H-PAY PERIOD 22 $2,730.77 11/6/2015 000809E IRS/EFTPS FICA-MED-W/H-PAY PERIOD 22 $3,287.52 Check Nbr 000809 IRS/EFTPS $6.018.29 11/4/2015 029812 POSTMASTER 2015 SEPT&OCT UTLITY BILLING $187.23 11/4/2015 029812 POSTMASTER 2015 SEPT&OCT UTLITY BILLING $187.23 11/4/2015 029812 POSTMASTER 2015 SEPT&OCT UTLITY BILLING $187.23 Check Nbr 029812 POSTMASTER $561.69 11/12/2015 029813 ALEXANDRA HOUSE 2015 PROFESSIONAL SERVICES Check Nbr 029813 ALEXANDRA HOUSE $2.657.00 11/12/2015 029815 BUNKER PARK STABLES,INC. P&R SKATE NIGHT-TRAVEL HAYRIDE-2-6-16 630 TO 830 Check Nbr 029815 BUNKER PARK STABLES INC. $100.00 11/12/2015 029816 CENTENNIAL LAKES POLICE DEPT 2015-NOVEMBER-POLICE SERVICES Check Nbr 029816 CENTENNIAL LAKES POLICE DEPT $60.627.92 ' 11/12/2015 029817 CITY OF CENTERVILLE-MASTERCA OPERATING SUPPLIES $235.93 11/12/2015 029817 CITY OF CENTERVILLE-MASTERCA G. BURMEISTER-BBE EROSION SEMINAR $115.00 11/12/2015 029817 CITY OF CENTERVILLE-MASTERCA FUEL $397.21 11/12/2015 029817 CITY OF CENTERVILLE-MASTERCA OPERATING SUPPLIES $118.73 11/12/2015 029817 CITY OF CENTERVILLE-MASTERCA FUEL $104.78 11/12/2015 029817 CITY OF CENTERVILLE-MASTERCA PRE-STAMP ENVELOPES(WINDOWS&NON WINDOWS) $578.40 11/12/2015 029817 CITY OF CENTERVILLE-MASTERCA ENDICA FEES $9.95 Check Nbr 029817 CITY OF CENTERVILLE-MASTERCA $1.560.00 11/12/2015 029818 CITY OF CIRCLE PINES 2015- NOV- POLICE BLDG PAYMENT $5,000.00 11/12/2015 029818 CITY OF CIRCLE PINES 2015-NOV-POLICE BLDG PAYMENT $235.73 Check Nbr 029818 CITY OF CIRCLE PINES $5.235.73 11/12/2015 029819 CONNEXUS ENERGY 6800 20TH SCADA-SERV THRU 10-20-15 $8.81 11/12/2015 029819 CONNEXUS ENERGY 2085 W CEDAR ST-SERV THRU 10-15-15 $291.36 11/12/2015 029819 CONNEXUS ENERGY STREET LIGHTS-SERV THRU 10-22-15 $107.35 11/12/2015 029819 CONNEXUS ENERGY STREET LIGHTS-SERV THRU 10-22-15 $75.25 11/12/2015 029819 CONNEXUS ENERGY 6800 20TH SCADA-SERV THRU 10-20-15 $8.80 11/12/2015 029819 CONNEXUS ENERGY 6900 20TH AVE-LIFT STATION-SERV THRU 10-15-15 $54.50 11/12/2015 029819 CONNEXUS ENERGY 7100 20TH AVE-TRAFSG-SERV THRU 10-22-15 $73.96 11/12/2015 029819 CONNEXUS ENERGY 7087 20TH AVE S-WATER TOWER-SERV THRU 10-15-15 $23.06 Check Nbr 029819 CONNEXUS ENERGY $643.09 11/12/2015 029820 GOPHER STATE ONE CALL INC OCTOBER 2015 SERVICE $70.32 11/12/2015 029820 GOPHER STATE ONE CALL INC OCTOBER 2015 SERVICE7$ 0.33 Check Nbr 029820 GOPHER STATE ONE CALL INC $140.65 11/12/2015 029821 HUGO AREA BUSINESS ASSOCIATION MEMBERSHIP FEES Check Nbr 029821 H AGO AREA BUSINESS ASSOCIATION $150.00 11/12/2015 029822 ICMA ICMA MEMBERSHIP DUES-M. ERICSON Check Nbr 029822 ICMA $748.80 11/12/2015 029823 INTEGRA P.W. PHONE SERV THRU 11-22-15 Check Nbr 029823 INTEGRA $82.58 11/12/15 9:34 AM CITY OF CENTERVILLE Page 2 Check Detail - November 12, 2015 — Corrected Check List Check Comments Amount Date Check# Vender Name 11/12/2015 029824 INTERNATIONAL UNION OF OPERATI NOV. 2015 UNION DUES $100.50 Nbr 029824 INTERNATIONAL UNION OF OPE ATI 11/12/2015 029825 LEAGUE OF MN CITIES INS TRUST ADD LOCATION MUNICIPALITY ANNUAL PAY PLAN $30.00 Check Nbr 029825 LEAGUE OF MN CITIES INS TRUST REFUND PYMNT PREVIOUS OWNER PD FINAL BILL 11/12/2015 029826 MCMONIGAL, MICHAEL $102.36 Check Nbr 029826 MCMONIGAL MICHAEL $100 28 11/12/2015 029827 NATIONWIDE RETIREMENT SOLUTION DEF COMP PAY PERIOD 22 1$ 00 28 11/12/2015 029827 NATIONWIDE RETIREMENT SOLUTION DEF COMP PAY PERIOD 21 $200.56 Check Nbr 029827 NATIONWIDE RETIREMENT SOLUTION 11/12/2015 029828 PRESS PUBLICATIONS AMEND 155 FLOOD PREV $33.76 Check Nbr 029828 PRESS PUBLICATIONS 11/12/2015 029829 SHARPER HOMES 6738 BEAVER POND WAY 14 060 PARTIAL ESCROW $3,800 00 1668(1666)HUNTERS RIDGE LN- 15-044- PARTRIAL ESCROW $3,800.00 11/12/2015 029829 SHARPER HOMES 3 11/12/2015 029829 SHARPER HOMES 6739 BEAVER POND WAY- 15-007-PARTIAL ESCROW RELEASE $$ ,800.00 Check Nbr 029829 SHARPER HOME $300 00 11/12/2015 029830 VANTAGEPOINTTRANSFER AGENT DEF COMP W/H PAY PERIOD 22 3$3$600.00 00.00 11/12/2015 029830 VANTAGEPOINTTRANSFER AGENT DEF COMP W/H- PAY PERIOD 21 Check Nbr 029830 VANTAGEPOINTTRANSFER AGENT 11/12/2015 029831 WHITE BEAR LOCKSMITH PADLOCKS(6) $70.86 Check Nbr 029831 WHITE BEAR LOCKSMITH Total Checks$95,717.68 11/12/15 9.19 AM CITY OF CENTERVILLE Page 1 Check Detail - November 12, 2015 - Update Check Comments Amount Date Check# Vender Name 11/12/2015 029832 CENTENNIAL FIRE DISTRICT 2015 4TH QTR FIRE SERVICE $25,863.00 Check Nbr 029832 CENTENNIAL FIRE DISTRICT19 56 11/12/2015 029833 CENTERPOINT ENERGY 6970 LAMOTTE DR SERV THRU 11-30-15 $ 1737 MAIN ST-SERV THRU 11-30-15 $15.77 11/12/2015 029833 CENTERPOINT ENERGY 1880 MAIN ST-SERV THRU 11-30-15 $58.34 11/12/2015 029833 CENTERPOINT ENERGY 2085 W CEDAR ST SERV THRU 11-30-15 $88.40 11/12/2015 029833 CENTERPOINT ENERGY 1785 PELTIER LAKE DR-SERV THRU 11-30.15 1$ 7.97 11/12/2015 029833 CENTERPOINT ENERGY t200.O4 Check Nbr 029833 CENTERPOINT ENERGY ASPHALT MIX 11/12/2015 029834 CITY OF ST. PAUL 65.09 Check Nbr 029834 CITY OF ST. PAUL127.76 11/12/2015 029835 CUSTOM REMODELERS,INC. REFUND PERMIT#15-085-7248 TWIN LAKES AVE $ $5.00 11/12/2015 029835 CUSTOM REMODELERS,INC. REFUND PERMIT#15 085 7248 TWIN LAKES AVE $132.76 Check Nbr 029835 CUSTOM REMODELERS INC. 11/12/2015 029836 IMAGE PRINTING&GRAPHICS UTILITY BILLING SHEETS&ENVELOPE WITH BULK $352.13 11/12/2015 029836 IMAGE PRINTING&GRAPHICS UTILITY BILLING SHEETS&ENVELOPE WITH BULK $3$ 52.13 11/12/2015 029836 IMAGE PRINTING&GRAPHICS UTILITY BILLING SHEETS&ENVELOPE WITH BULK $1,056.3a Check Nbr 029836 IMAGE PRINTING&GRAPHIC 11/12/2015 029837 INSTRUMENTAL RESEARCH INC OCT. 2015 WATER SAMPLES $38.00 Check Nbr 029837 INSTRUMENTAL RESEARCH INC REFUND OVER PYMT P15-065 1743 OJIBWAY DR 11/12/2015 029838 KES,CHARLES 4.0 Check Nbr 029838 KES.CHARLES $107.00 11/12/2015 029839 TRU GREEN-CHEM LAWN LAWN CARE $235.00 11/12/2015 029839 TRU GREEN-CHEM LAWN LAWN CARE $1,664.00 11/12/2015 029839 TRU GREEN-CHEM LAWN LAWN CARE $2,006.00 Check Nbr 029839 TRU GREEN CHEM LAWN $62.74 11/12/2015 029840 XCEL ENERGY 6970 LAMOTTE DR SERV THRU R 3 15 $11.52 11/12/2015 029840 XCEL ENERGY 7098 CENTERVILLE RD SERV THRU 11-3 15 $35.15 11/12/2015 029840 XCEL ENERGY 1601 LAMOTTE DR-SERV THRU 11-3-15 $ 1745 MAIN ST-SERV THRU 11-33-15 $11.61 11/12/2015 029840 XCEL ENERGY 1682 MAIN ST-SERV THRU 11-3-15 $123.17 11/12/2015 029840 XCEL ENERGY MAIN ST-SERV THRU 11-3-15 $12.78 1737 11/12/2015 029840 XCEL ENERGY $256.97 Check Nbr 029840 XCEL ENERGY Total Checks$29,622.24 Voided check#29826&29814 1$z on ro s Centerville Proposal Remote Dialer Upgrade Release 1.0 Copy Holder Company Paul Palzer Centerville Centerville, MN Jeff Wakefield Hallfield Controls Robbinsdale, MN Lynn Savage Hallfield Controls Robbinsdale, MN Revision History Quotation Reference Number CV_10132015_1030 ActionDate Revision Initial quote 11/04/2015 1.0 1.1 Centerville Proposal Prepared November 4,2015 hfc• 1 Z I-JallflehConro s Project Overview Objective This proposal provides price and scope information for Hallfield Controls to upgrade the remote dialer, connect signal wires to existing control system, and setup system. Project Description The current remote dialer uses a land line and has not functioned for some time. We are proposing connecting a new AT&T cellular dialer. Proposed Design Hallfield Controls would purchase and install a Semicron Systems Sensaphone remote dialer with one year communication service. This only replaces the old backup dialer, and as before, it will only dial out if the main system alarming fails to get a response within a prolonged period. We are currently working on a proposal to accomplish three main objectives: 1. Replace the current WebView at Public Works 2. Make it easier for operators to acknowledge an alarms 3. Eliminate the need for an email account managed by a municipal government organization. We have a couple of ideas we are investigating and need to do some further testing before we can complete our proposal. Assumptions This proposal includes one day of on-site installation and setup. Scope of Project The prices quoted in this proposal include the services listed below, and described in the Project Overview. Services The prices quoted below include the services provided by Hallfield Controls: • Connecting signal wires: Hallfield Controls will connect to main system. • Programming: Hallfield Controls will setup remote dialer. On-site Testing: Hallfield Controls will provide onsite test and setup. Pricing This project is quoted at a fixed price: $3,685.00 Centerville Proposal Prepared November 4,2015 hfc•2 A$Z on r-s Terms and Conditions These terms and conditions,the attendant quotation or acknowledgment,and all documents incorporated by reference therein,binds Seller (Hallfield Controls, Inc.) hereinafter Seller, and the buyer, hereinafter Buyer, and constitutes the entire agreement (Agreement) between Buyer and Seller for the provision of services(Services)and/or the sale of goods(Goods). 1. PRICES: Unless otherwise specified by Seller, Seller's price for the Goods and/or Services shall remain in effect for thirty(30)days after the date of Seller's quotation or acceptance of the order for the Goods/Services,whichever is delivered first,provided an unconditional, complete authorization for the immediate manufacture and shipment of the Goods and/or provision of Services pursuant to Seller's standard order processing procedures is received and accepted by Seller within such time period. If such authorization is not received by Seller within such thirty (30) day period, Seller shall have the right to change the price for the Goods/Services to Seller's price in effect for the Goods/Services at the time the order is released to final manufacture. Notwithstanding any of the foregoing to the contrary, the price for Goods/Services sold by Seller,but manufactured by others,shall be Seller's price in effect at the time of shipment to Buyer. 2. DELIVERY ORDER ACCEPTANCE AND DOCUMENTATION: All shipping dates are approximate and are based upon Seller's prompt receipt of all necessary information from Buyer to properly process the order Notwithstanding any provisions to the contrary in this or other documents related to this transaction, and regardless of how price was quoted,whether FOB, FAS,CIF or otherwise, legal title to the Goods and risk of loss thereto shall transfer to Buyer as follows-for sales in which the end destination of the Goods is within the United States,upon delivery to the freight carrier at the shipping point;for sales in which the end destination of the Goods is outside of the United States, immediately after the Goods have passed beyond the territorial limits of the United States Seller shall provide Buyer with that data/documentation which is specifically identified in the quotation. If additional copies of data/documentation or non-standard data/documentation are to be provided by Seller,they shall be provided to Buyer at Seller's price then in effect. 3. EXCUSE OF PERFORMANCE: Seller shall not be liable for delays in performance or for non-performance due to acts of God,war, riot, fire, terrorism, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws,regulations,orders or actions,or other unforeseen circumstances or causes beyond Seller's reasonable control. a. TERMINATION AND SUSPENSION BY BUYER: Buyer may terminate or suspend its order for any or all of the Goods/Services covered by the Agreement, provided that Buyer gives Seller reasonable advance written notice of such termination or suspension and reimburses Seller for all losses,damages,costs and expenses arising from such termination or suspension S. LIMITED WARRANTY: Subject to the limitations contained in Section 6 herein,Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller,and that the Goods manufactured or Services provided by Seller will be free from defects in materials or workmanship under normal use and care until the expiration of the applicable warranty period. Goods are warranted for twelve(12)months from the date of initial installation or eighteen(18)months from the date of shipment by Seller, whichever period expires first Consumables and Services are warranted for a period of 90 days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer("Resale Products")shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products If Buyer discovers any warranty defects and notifies Seller thereof in writing during the applicable warranty period, Seller shall, at its option, correct any errors that are found by Seller in the firmware or Services or repair or replace F.O B. point of manufacture that portion of the Goods or firmware found by Seller to be defective,or refund the purchase price of the defective portion of the Goods/Services. All replacements or repairs necessitated by inadequate maintenance,normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, storage or handling,or any other cause not the fault of Seller are not covered by this limited warranty,and shall be at Buyer's expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller All costs of dismantling, reinstallation and freight and the time and expenses of Seller's personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90)days, whichever is longer. This limited warranty is the only warranty made by Seller and can be amended only in a writing signed by Seller. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES. 6. LIMITATION OF REMEDY AND LIABILITY: SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. THE REMEDIES OF BUYER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY,OTHER TORT OR OTHERWISE),SHALL SELLER'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE TO BUYER OF THE SPECIFIC GOODS MANUFACTURED OR SERVICES PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES. THE TERM"CONSEQUENTIAL DAMAGES"SHALL Centerville Proposal Prepared November 4,2015 hfc•3 N8=35*57s INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, REVENUE OR USE AND COSTS INCURRED INCLUDING WITHOUT LIMITATION FOR CAPITAL, FUEL AND POWER,AND CLAIMS OF BUYER'S CUSTOMERS 7. PATENTS:Subject to the limitations contained in Section 6,Seller shall defend any suits brought against Buyer based on a claim that use of the Goods manufactured by Seller constitutes an infringement of a valid patent of the United States, and shall pay any damages awarded therein against Buyer, provided that Buyer.promptly notifies Seller in writing of the filing of such suit or the threat thereof;permits Seller to control completely the defense or compromise of such claim of infringement; and provides all reasonable assistance and cooperation requested by Seller for the defense of such suit In the event that only the Goods manufactured by Seller are held to be infringing in such suit and their use is enjoined,Seller shall,at its sole option and expense, provide a commercially reasonable alternative, including, but not limited to, procuring for Buyer the right to continue using the Goods, replacing them with a non-infringing product or modifying them so they become non-infringing. Buyer agrees that Seller shall not be liable for infringement, and that Buyer shall fully indemnify Seller therefore, if infringement is based upon the use of Goods in connection with goods not manufactured by Seller or in a manner for which the Goods were not designed by the Seller or if the Goods were not designed by the Seller or if the Goods were designed by the Buyer or were modified by or for the Buyer in a manner to cause them to become infringing S. INSTALLATION: Buyer shall be responsible for receiving, storing, installing, starting up and maintaining all Goods. Seller shall provide a quotation for services to assist Buyer in these functions if requested. e. TAXES: Any tax or governmental charge payable by the Seller because of the manufacture,sale or delivery of the Goods,or provision of Services, may at Seller's option be added to the price herein specified. The foregoing shall not apply to taxes based upon Seller's net income. io. TERMS OF PAYMENT:Subject to the approval of Seller's Credit Department,terms are F O.B.shipping point, net 30 days from date of Seller's invoice in U.S. currency, except for applicable milestone payments covered below or export shipments for which Seller may require other arrangements. Freight charges may include shipping and handling charges, and Buyer shall pay all such charges. If any payment owed to Seller hereunder is not paid when due, it shall bear interest, at a rate to be determined by Seller which shall not exceed the maximum rate permitted by law,from the date on which it is due until it is received. Seller shall have the right,among other remedies, either to terminate the Agreement or to suspend further deliveries under this and/or other agreements with Buyer in the event Buyer fails to make any payment hereunder when due. Buyer shall be liable for all expenses attendant to collection of past due amounts, including attorneys'fees. >>. SOFTWARE AND FIRMWARE: Notwithstanding any other provision herein to the contrary, Seller or applicable third party owner shall retain all rights of ownership and title in its respective firmware and software,including all copyrights relating to such firmware and software and all copies of such firmware and software. Except as otherwise provided herein, Buyer is hereby granted a nonexclusive, royalty free license to use firmware and software,and copies of firmware and software,incorporated into the Goods only in conjunction with such Goods and only at the Buyer's plant site where the Goods are first used. Buyer may negotiate with Seller separate licenses to use such copies and firmware and software at other plant sites. Buyer's use of certain firmware(as specified by Seller)and all other software shall be governed exclusively by Seller's and/or third party owner's applicable license terms. 12. BUYER SUPPLIED DATA: To the extent that Seller has relied upon any specifications, information, representation of operating conditions or other data or information supplied by Buyer to Seller in the selection or design of the Goods and/or provision of the Services and the preparation of Seller's quotation,and in the event that actual operating conditions or other conditions differ from those represented by Buyer and relied upon by Seller, any warranties or other provisions contained herein which are affected by such conditions shall be null and void,unless otherwise mutually agreed upon in writing. 13. EXPORT/IMPORT: Buyer agrees that all applicable import and export control laws, regulations, orders and requirements, including without limitation those of the United States and the European Union,and the jurisdictions in which the Seller and Buyer are established or from which items may be supplied,will apply to its receipt and use of Goods and Services. In no event shall Buyer use,transfer, release, import,export or re-export Goods in violation of such applicable laws,regulations,orders or requirements. ia. GENERAL PROVISIONS:(a)Buyer shall not assign its rights or obligations under the Agreement without Seller's prior written consent. (b) There are no understandings, agreements or representations, express or implied, not specified in the Agreement. (c) No action, regardless of form,arising out of transactions under the Agreement,may be brought by either party more than two[2]years after the cause of action has accrued. (d) Any modification of these terms and conditions must be set forth in a written instrument signed by a duly authorized representative of Seller. (e)The Agreement is formed and shall be construed, performed and enforced under the laws of the State of Minnesota. However, Buyer and Seller agree that the proper venue for all actions arising under the Agreement shall be only in the State where the Goods involved in such actions were manufactured (f)UNLESS OTHERWISE SPECIFICALLY PROVIDED IN SELLER'S QUOTATION, GOODS AND SERVICES HEREUNDER ARE NOT INTENDED FOR USE IN ANY NUCLEAR OR NUCLEAR RELATED APPLICATIONS. Buyer(i)accepts Goods and Services in accordance with the restriction set forth in the immediately preceding sentence, (ii)agrees to communicate such restriction in writing to any and all subsequent purchasers or users and(iii)agrees to defend,indemnify and hold harmless Seller from any and all claims, losses, liabilities, suits, judgments and damages, including incidental and consequential Centerville Proposal Prepared November 4,2015 hfc•4 1$z H�n�Is damages, arising from use of Goods and Services in any nuclear or nuclear related applications,whether the The 1980 Unse of actiontied Nations e based in tort,contract or otherwise,including allegations that the Seller's liability is based on negligence or strict liability.(g) Convention on Contracts for the International Sale of Goods does not apply to this Agreement. (h) If any provision of the Agreement is invalid under any statute or rule of law,such provision,to that extent only,shall be deemed to be omitted without affecting the validity of the remainder of the Agreement. Centerville Proposal Prepared November 4,2015 hfc• 5