HomeMy WebLinkAbout2006-09-13 CC Packet
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CITY COUNCIL MEETING
\Vednesday, September 13,2006
6:30 p.m.
COUNCIL MEETING
L CALL TO ORDER
1. Roll Call
n. PUBLIC HEARINGS
ID. APPROVAL OF AGENDA
IV. APPROVAL OF COUNCIL MINUTES
1. September 6, 2006 City Council Work Session Meeting Minutes (Page 1)
2. August 23, 2006 City Council Meeting Minutes (Pages 2-9)
V. CONSENT AGENDA
1. City of Centerville August 24, 2006 through September 13, 2006 Claims
(Page 10)
2. Centennial Fire District Claims through September 6,2006 (Page 11)
3. Bonestroo - Block 7 Grading Plan & Utility Improvements (Hourly Rate,
Not to Exceed $6,500) (Grant Funded) (Page 12-13)
4. Bonestroo - CSAH 14 Reconstruction (Watermain Construction Re-Route
Design Along Main Street from Progress to GoitTon Road Not to Exceed
$5,000) (Page 14-15)
5. Burschville Construction, Inc. Pay Request #2 ($75,984.00 - Backage Road
& 21st Avenue Utility & Street Improvements) (Page 16-20)
6. Parks & Recreation Committee Recommendation to Appoint Mr. Kevin
Selander & Ms. Carrie Jakober to the Committee (Page 21-23)
7. Parks & Recreation Committee Recommendation to Purchase Sod for the
Perimeter of the Play Structure at Laurie LaMotte Memorial Park - Not to
Exceed $2,000.00 (Page 24)
8. Arcade Asphalt Proposal for Approach Ramp for Access to Play Structure
at Laurie LaMotte Memorial Park - Not to Exceed $1,350.00 (page 25)
VL A W ARDS/PRESENTATIONS/APPEARANCES
Vll. OLD BUSINESS
1. Resolution #06-XXX - Approving the Preliminary 2007 Budget and Tax
Levy (Page 26-33)
VIII. NEW BUSINESS
1. Resolution #06-XXX - Establishing an Economic Development Authority
(Page 34-35)
2. Draft By-Laws of the Economic Development Authority (Page 36-38)
3. LMC Minnesota Coalition of Stormwater Cities Program - $470.00 (Page
39-43)
4. Centennial Fire District 2007 Budget (Page 44-47)
5. Preliminary Development Agreements - Beard Group
6. Planning & Zoning Commission's Recommendation for Approval of
Ordinance #XX - Amending Chapter 152 of the Code Modifying
Regulations to Permit Area Identification Signs In Residential Districts
X. ANNOUNCEMENTSroPDATES
1. City Administrator, Mr. Dallas Larson
2. CSAH14 (Update)
XI. CLOSE EXECUTIVE SESSION - LABOR NEGOTIATIONS (UNION)
Xll. ADJOURNMENT
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Candidate Filing - \! ,.: ~")
City Council Meeting September 27
(, in p.m. Council Charnbel~
'L.<ta(jfi,'fieJ 18S7
CITY COUNCIL MEETING
Wednesday, September 13, 2006
6:30 p.m.
tervi{{e
COUNCIL MEETING
L CALL TO ORDER
1. Roll Call
ll. PUBLIC HEARINGS
ID. APPROVAL OF AGENDA
IV. APPROVAL OF COUNCIL MINUTES
1. September 6, 2006 City Council Work Session Meeting Minutes (Page 1)
2. August23, 2006 City Council Meeting Minutes (Pages 2-9)
V. CONSENT AGENDA
1. City of Centerville August 24, 2006 through September 13, 2006 Claims
(Page 10)
2. Centennial Fire District Claims through September 6, 2006 (Page 11)
3. Bonestroo - Block 7 Grading Plan & Utility Improvements (Hourly Rate,
Not to Exceed $6,500) (Grant Funded) (Page 12-13)
4. Bonestroo - CSAH 14 Reconstruction (Watermain Construction Re-Route
Design Along Main Street from Progress to GoitTon Road Not to Exceed
$5,000) (Page 14-15)
5. Burschville Construction, Inc. Pay Request #2 ( $75,984.00 - Backage Road
& 21st Avenue Utility & Street Improvements) (Page 16-20)
6. Parks & Recreation Committee Recommendation to Appoint Mr. Kevin
Selander & Ms. Carrie Jakober to the Committee (Page 21-23)
7. Parks & Recreation Committee Recommendation to Purchase Sod for the
Perimeter of the Play Structure at Laurie LaMotte Memorial Park - Not to
Exceed $2,000.00 (Page 24)
8. Arcade Asphalt Proposal for Approach Ramp for Access to Play Structure
at Laurie LaMotte Memorial Park - Not to Exceed $1,350.00 (Page 25)
VL AWARDSIPRESENTATIONS/APPEARANCES
vn. OLD BUSINESS
1. Resolution #06-XXX - Approving the Preliminary 2007 Budget and Tax
Levy (Page 26-33)
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City Council 09-06-2006 ~.. .. (fU~... @ rQ)rQ)~ ·
Summary of Work Session .. '.. \9;1.h I;0[flf
Present were Mayor Mary Capra, Council Mem ers Michelle Lakso, and Jeff Paar. Also
present were Administrator Dallas Larson, Finance Director John Meyer and City
Attorney Kurt Glaser. Absent were Council Members Richard Terway and Tom Lee
1. John Meyer presented information relating to the budget and showed the amount of
taxes that would be contributed by new construction to be about $38,000, leaving
about $65,000 of the levy increase to be distributed among existing property
taxpayers. The Council discussed the budget and tax impacts. The preliminary
budget and levy will be on the agenda for the next regular meeting.
2. The Council discussed the Downtown Redevelopment Plan and the preliminary
development agreement with Beard Group. John Meyer reviewed tax increment
financing for the first phase and indicted that future phases would have similar
demands on TIP. The Council expressed its preference to do "Pay as you go" tax
increment financing instead of bonding up front, but agreed that all possibilities
should be considered in order to implement the plan. The term of the tax increment
was preferred to not exceed 20 years, but that also would be open to discussion.
The Council discussed other financing sources such as grants and waiving fees as
being other possibilities. The preliminary development agreement will be placed on
the next regular meeting agenda.
Adjourned at approximately 8:25 p.m.
Dallas Larson
City Administrator
/
CITY OF CENTERVILLE
CITY COUNCIL MEETING
AUGUST 23, 2006
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on August 23, 2006, at City Hall, 1880 Main Street.
STAFF:
Mayor Mary Capra
Council Member Lee
Council Member Paar D 0
:::cilMemberLakrm@~ A 0 0
City Engineer Statz
City Attorney Glaser
Finance Director Meyer
PRESENT:
ABSENT:
I. CALL TO ORDER
Mayor Capra called the August 23, 2006, City Council meeting to order at 6:34 p.m.
n. PUBLIC HEARINGS
None.
ITI. APPROVAL OF AGENDA
Mayor Capra noted the following items have been added: Old Business: Item 2
"Centerville Lion's Fete des Lacs 2006 Expenditures", and Item 3, "Fete des Lacs 2006
Parade Expenditures." New Business: Item 2 "Resolution #06-041 - Proclaiming
September 17-23,2006 as Constitution Week", Item 4 "Resolution #06-043 - Accepting
Bid & Awarding Contract for Demolition of 7071 & 7073 Centerville Road", Item 5
"Resolution #06-044 - Awarding Contract to Cross Country Underground, Inc. to Install
Watermain on Westview Street", and Item 6 "Trio Inn - Notice of Liquor Liability
Insurance Cancellation".
Council Member Lee requested an item be added under Awards/Presentations:
"Accommodation for Centennial Lakes Police Department Click It or Ticket Campaign".
Motion by Council Member Terway. seconded by Council Member Paar to aoorove
the a2enda as oresented. All in favor. Motion carried unanimouslv.
J!-
City of Centerville
Council Meeting Minutes
August 23, 2006
IX. ANNOUNCEMENTSroPDA TES
Mayor Capra requested Item 6 be heard at this time.
6. Potentially Dangerous Dog - 1742 Oiibway Drive ("Bandit")
Mayor Capra stated Mr. Roloff was in attendance to discuss his dog, Bandit. She
indicated he was moving soon and would not be in attendance at the September Council
meeting.
Mr. John Roloff, 1742 Ojibway Drive, stated his dog is an Lapsa Apsa, which is a watch
dog. He stated he was on vacation in California and his caretaker took the dog home and
had it on a leash in the house. He stated a young child was in the house and was told to
stay away from the dog, but the child tried to kiss the dog and the dog bit him. He noted
the dog had an ear infection at the time. He stated the dog was not vicious. He stated the
other incident occurred outside of his mailbox when he fell down and could not get up.
He stated the dog was tied to his wheelchair. He indicated some neighbors tried to help
him up and the dog responded. He noted the dog did not bite anyone. He stated the other
incident was at his job when his dog was also tied to his wheelchair and there was a small
child there who was sitting and got bit. He stated he has just lost his wife and thanked the
City who had come to his house many times to help his wife. He stated City emergency
personnel had also responded to when he needed help and the dog never bothered them.
He stated he kept his dog on a leash and he muzzles the dog when necessary. He stated
when a child was in his house, the dog is put in the bedroom. He stated he did not have
the dog at this time and a friend was taking care of the dog. He stated the dog took care
of him and was his protector and his "eyes". He stated he could not ask for a more loving
dog. He indicated the dog slept on his bed facing the door and if someone came to the
door, or ifthere was noise in the house, the dog was down.
Mayor Capra asked where the dog is presently located. Mr. Roloff responded the dog
was being taken care of at a townhome in Blaine by an 86 year old man. He stated his
friend was dying, liked Bandit, and he hoped the dog gave his friend a reason to live. He
stated he could bring Bandit up to the office doors when he gets his dog license and
everyone likes him.
Mayor Capra thanked Mr. Rolofffor his comments. She stated they needed to speak with
the attorney and see what they could do with the dog. She stated if they needed more
information from him, they would have staff contact him.
Mr. Roloff noted he was legally blind and the dog was a god send to him.
IV. APPROVAL OF COUNCIL MINUTES
1. August 9.2006 City Council Work Session Minutes
Page 2 of8
3
City of Centerville
COWlcil Meeting Minutes
August 23, 2006
Motion bv Council Member Lakso~ seconded bv Council Member Paar to aoorove
the AU2ust 9~ 2006 Citv Council Work Session Minutes as amended. All in favor.
Motion carried unanimously.
2. August 9. 2006 City Council Meeting Minutes
Motion by Council Member Lakso~ seconded bv Council Member Terwav to
aoorove the Aueust 9~ 2006 Citv Council Meetine Minutes as amended. All in favor.
Motion carried unanimouslv.
v. CONSENT AGENDA
1. City ofCenterville August 10,2006 through August 23,2006 Claims
2. Centennial Fire District Claims through August 21,2006
3. Centennial Lakes Police Department Claims through August 10, 2006
4. Pipe Services Corp. - Scheduled Cleaning of Sewer Lines - $28,765.25
Council Member Lakso requested under Claims 021585 and Claims 021610 be pulled.
Motion bv Council Member Terwav~ seconded by Council Member Paar to aoorove
the Consent Aeenda removine Claims 021585 and 021610. All in favor. Motion
carried unanimouslv.
Claims 021585 and 021610
Council Member Lakso asked what these checks were for. Finance Director Meyer
responded they were for health insurance payments.
Motion bv Council Member Lakso~ seconded bv Council Member Paar~ to aoorove
Claims 021585 and 021610. All in favor. Motion carried unanimously.
VI. A W ARDSIPRESENTATIONS/APPEARANCES
1. Accommodation for Centennial Lakes Police Department - Click It or Ticket
Campaign
Council Member Lee recommended Council give accommodation to the officers
involved in the recent Click It or Ticket Campaign. He stated the Centennial Offices
outshined any officers in the state. He suggested the Council recommend to the Police
Governing Board to recommend accommodation for all of the officers involved.
Council Member Lakso stated her support.
Motion bv Council Member Lakso~ seconded bv Council Member Lee to
recommend accommodation for the officers involved in the Click It or Ticket
Campai2n. All in favor. Motion carried unanimouslv.
Page 3 of8
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City ofCentervillc
Council Meeting Minutes
August 23, 2006
Mayor Capra noted sometimes when people were pulled over for other reasons, they
received a ticket for non-use of seat belts.
VII. OLD BUSINESS
1. CSAH 14 Joint Powers Agreement - Backage Road/Industrial Park Wetland
Credit (Bank CoordinatorlBoard of Water and Soil Resources) - $25,148.20
(Continued from previous meeting)
City Attorney Glaser stated there was not a lot going on with this item.
Engineer Statz stated they recently had a meeting to discuss this issue. He noted MnDOT
was accommodating once they understood the project and the changes to the design.
Council Member Terway asked why MnDOT thought the entire roadway was going to be
street scaped. Mayor Capra responded they did not know and it was not in the plan.
Engineer Statz stated they had an issue if the streetscape was too expensive. He stated
that is what led to the confhsion. He stated he believed everything had been taken care of
and they would be moving forward.
2. CenterviHe Lion's Fete des Lacs 2006 Expenditures
Mayor Capra stated she believed there was no action needed and this was an
informational item.
3. Fete des Lacs 2006 Parade Expenditures
Mayor Capra stated she believed there was no action needed and this was an
informational item.
VIII. NE\V BUSINESS
1. Resolution #06-040 -- October 2006 Domestic Violence Awareness Month
Mayor Capra stated they did this yearly and October was Domestic Violence Awareness
Month. She stated Alexander House has an Open House coming up in October and if any
Council Member were interested in attending, to let her kno",'.
Council Member Lakso requested this be added to the website also.
Motion by Council Member Lakso. seconded by Council Member Paar. to allprove
Resolution #06-040 - October 2006 Domestic Violence Awareness Month. All in
favor. Motion carried unanimously.
Page 4 of8
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City of Centerville
Council Meeting Minutes
August 23, 2006
2. Resolution #06-041 - Proclaiming September 17-23, 2006 as Constitution Week
Council Member Lakso read the proclamation proclaiming September 17-23, 2006 as
Constitution Week.
Motion bv Council Member Lakso. seconded by Council Member Paar. to approve
Resolution #06-041 - Proclaimin2: September 17-23. 2005 as Constitution Week. All
in favor. Motion carried unanimously.
3. Resolution #06-042 - Awarding Bid & Awarding Contract for Demolition of
1601 LaMotte Drive
City Attorney Glaser reported that no body responded to this bid. He stated the preferred
method was to rebid the project. He stated they could do some of the demolition work
with CSAH14, which would allow them more time to rebid the project.
Finance Director Meyer suggested they table this Resolution and Resolution 06-043 for
further information.
Motion by Council Member Lakso. seconded by Council Member Terway to table
Resolution #06-042 - Awardin~ Bid & Awardin2: Contract for Demolition of 1601
LaMotte Drive and Resolution #06-043 - Acceptin2: Bid & Awardin2: Contract for
Demolition of 7071 & 7073 Centerville Road. All in favor. Motion carried
unanimouslv.
4. Resolution #06-043 -- Accepting Bid & Awarding Contract for Demolition of
7071 & 7073 Centerville Road
This item was tabled.
5 Resolution #06-044 - Awarding Contract to Cross Country Underground. Tnc. to
Install \Vatermain on Westview Street
City Attorney Glaser stated he had revicvvcd the Cv~tr~ct ~d s~:ggested warranty
language be added. He stated he has tried to contact Cross Country, but has received no
response. He reviewed his recommendation for the \varranty language.
Mayor Capra stated she would like to defer to the Engineer's and Attorney's
recommendation.
Council Member Lee stated he would prefer if there was one contractor with one
contract. City Attorney Glaser stated he has only seen one contract, but he understood
there might be two contracts.
Council Member Paar stated he did not have a problem with this as long as it was within
the budget.
Page 5 of8
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City of Centerville
COWlcil Meeting Minutes
August 23, 2006
Motion by Council Member Terway. seconded bv Council Member Lakso to direct
staff to finalize tbis Dro;ect as lon2 as it remained witbin the allotted bude:et. All in
favor. Motion carried unanimouslv.
6. Trio Inn - Notice of Liquor Liability Insurance Cancellation
Mayor Capra stated she had spoken with staff about this cancellation and was
recommending staff follow the guidelines of the ordinance.
Council Member Lee stated it was his understanding their license renewed in September
instead of January and he recommended they amend their ordinance to make sure the
insurance portion go January to January every year so they did not need to address this
each year.
Mayor Capra noted this had been discussed at great length with the liquor license holders.
City Attorney Glaser stated they could add this yearly review as an additional fee. Mayor
Capra recommended this be added to the Best Practices.
Motion by Council Member Lee. seconded by Council Member Paar. to direct staff
to follow the f!uidelines of the ordinance. All in favor. Motion carried unanimously.
IX. ANNOUNCEMENTSroPDA TES
1. City Administrator, Mr. Dallas Larson.
Finance Director Meyer stated they added money to the budget for the celebration next
year per the request of Council.
2. CSAH14 (Update)
Finance Director Meyer stated they were working on the environmental review.
3. Downtown Redevelopment/St. Genevieve Property
Mayor Capra stated she has spoken with staff about this and when they declared a TTF
District, the tax increment they collected had to be re-spent in the district. Finance
Director Meyer stated they only had the one TTF District.
Mayor Capra stated she had spoken with Father Fitzgerald about the sale of the lakeside
property and the City having the first refusal if the property was every sold. She asked if
the Council was in favor of this proposal.
Page 6 of8
1
City of Centervil1e
Council Meeting Minutes
August 23, 2006
Council Member Lee stated he was in favor, but he was not inclined to include this in the
TIF district unless it occurred. Mayor Capra noted right now this was zoned as public
property, which puts limitations on it.
Council Member Terway stated he was in favor of looking into this and seeing what they
needed to do to make it work. He stated he was concerned about what the cost of the
property would be.
Council Member Glaser stated if the City were paying more than market value for the
property, they would need to justify why they were doing this.
Mayor Capra noted Father Fitzgerald had stated he wanted this to remain as open space
for the citizens if it was sold.
Council Member Paar stated he was in favor of this, but he believed after next year the
City would be strapped for cash.
Motion bv Council Member Lee.. seconded by Council Member Terway. to direct
statT to oreoare a First Ri2ht of Refusal for the Church of St. Genevieve Prooertv.
All in favor. Motion carried unanimously.
City Attorney Glaser reminded the Council that they needed to keep in mind any property
they wanted to keep in the Downtown development.
Council Member Lee stated he would like to see the St. Genevieve property remain open
space.
4. CentervilIe Sesquicentennial
Mayor Capra stated they would have their 150 year celebration next year. She asked if
the Council wanted to form an ad hoc committee for this celebration and indicated she
had some ideas the committee could work on. She stated if there were any citizens or
business owners that want to be included on this committee, to email her or the City Hall.
She noted there was a two story log house within the blue house located downtown. She
indicated the existing home had been built around the log house. She stated she had
asked if it would be possible to take apart the house, preserving the log cabin. She stated
she was still looking at the possibilities and indicated this log cabin could be one the
oldest existing structures in the City.
Council Member Lee stated his only reservation would be the cost of removing the
existing home and moving the cabin.
Council Member Terway noted they needed to think about that if it goes, it was gone and
there was no chance of finding out if it was significant in terms of historical. He asked
the Council to be cautious and make sure there was no historical significance to the log
home.
Page 70f8
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City of Centerville
COWlcil Meeting Minutes
August 23, 2006
5. 2007 Budget/Levy
Finance Director Meyer stated he had studied what the impact would be to the tax impact
on a $309,000 home and the impact would be three percent.
6. Potentially Dangerous Dog - 1742 Ojibway Drive ("Bandit")
City Attorney Glaser stated they lost jurisdiction once the dog left the community, and if
Mr. Roloff remained a citizen within the community, they could work with him, but he
understood Mr. Roloffwas leaving the community to go to an assisted living care facility.
He stated the City did not have to require destroying the dog and there were other
alternatives they could look at if the dog came back into the community.
Council Member Paar stated Mr. Roloff had named three incidents where people had
been bitten and he believed the dog was dangerous and they had to follow the ordinance.
Council Member Lee stated once there was an issue he believed the dog should be held in
quarantine for due process and if the dog was returned to the owner, it should be micro
chipped.
Mayor Capra believed the Police should take photographs of the dog, but she did not
believe it was necessary to quarantine and hold the dog. She stated she was not opposed
to micro chipping, but they needed to follow the due process.
Council Member Lee stated the costs of holding the dog should be paid by the owner.
Mayor Capra asked what would happen if they found out the dog had been provoked,
who would pay for the holding of the dog.
Mayor Capra recommended staff work on this.
7. Linda Broussard Vickers Day
Council Member Paar stated August 29 is Linda Broussard Vickers Day.
X. ADJOURNMENT
Motion bv Lakso. seconded bv Terwav. to adiourn the Aue:ust 23. 2006 Citv Council
Meetine: at 7:50 D.m. All in favor. Motion carried unanimouslv.
Transcribed by:
Kathy Altman, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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CITY OF CENTERVILLE
09/08/06 9: 13 AM
Page 1
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*Check Summary Register@)
Name
10100 MAIN STREET BANK
Paid Chk# 021618 AVLlC
Paid Chk# 021619 CENTERPOINT ENERGY
Paid Chk# 021620 DISPLAY SALES COMPANY
Paid Chk# 021621 NATIONWIDE RETIREMENT
Paid Chk# 021622 NCPERS LIFE INSURANCE
Paid Chk# 021623 PERA
Paid Chk# 021624 POSTMASTER
Paid Chk# 021625 QWEST
Paid Chk# 021626 10,000 LAKES CHAPTER
Paid Chk# 021627 ABBA TROPHY
Paid Chk# 021628 ANDERSON, SHARON
Paid Chk# 021629 ARNT CONSTRUCTION
Paid Chk# 021630 BONESTROO, ROSENE,
Paid Chk# 021631 BURSCHVILLE CONSTRUCTION
Paid Chk# 021632 BWSR WETLAND BANK ADMIN.
Paid Chk# 021633 CENTERPOINT ENERGY
Paid Chk# 021634 CITY OF CIRCLE PINES
Paid Chk# 021635 CONNEXUS ENERGY
Paid Chk# 021636 CORNER EXPRESS
Paid Chk# 021637 EHLERS & ASSOCIATES INC
Paid Chk# 021638 FITZGERALD, NANCY
Paid Chk# 021639 GRUBER, JOYCE
Paid Chk# 021640 HACKMAN, JANIS
Paid Chk# 021641 HAWKINS WATER TREATMENT
Paid Chk# 021642 HUGO FEED MILL
Paid Chk# 021643 INTERNATIONAL UNION OF
Paid Chk# 021644 KATH, CLIFFORD
Paid Chk# 021645 KEY AUTOMOTIVE SERVICE
Paid Chk# 021646 MARATHON ASHLAND
Paid Chk# 021647 METRO SALES INCORPORATED
Paid Chk# 021648 METROCALL
Paid Chk# 021649 METROPOLITAN COUNCIL
Paid Chk# 021650 MN DEPARTMENT OF HEALTH
Paid Chk# 021651 MOODYS INVESTORS SERVICE
Paid Chk# 021652 M-R SIGN COMPANY, INC.
Paid Chk# 021653 NORTHERN WATER WORKS
Paid Chk# 021654 ON SITE SANITATION
Paid Chk# 021655 PALZER, PAUL
Paid Chk# 021656 PRESS PUBLICATIONS
Paid Chk# 021657 REHBEINS BLACK DIRT
Paid Chk# 021658 RO,SO CONTRACTING INC
Paid Chk# 021659 SAGER, SHIRLEY A.
Paid Chk# 021660 SAM'S CLUB
Paid Chk# 021661 SCHLAVIN, JODI
Paid Chk# 021662 SEASHORE, IRENE
Paid Chk# 021663 SEELEY, SUZANNE
Paid Chk# 021664 SUNQUIST, SHIRLEY
Paid Chk# 021665 SWEENEY, KRIS
Paid Chk# 021666 THILL, MARY ANN
Paid Chk# 021667 TIME SAVER
Check Date
SEPTEMBER 2006
Check Amt
91712006
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Total Checks
$624.07 DEF COMP W/H 9-7-06
$1,220.00 GAS INSTALLATION & FOR SERV LI
$1,402.87 25' FLAG POLE
$356.38 DEF COMP W/H 9-7-06
$32.00 T BENDER & J MEYER LIFE INS
$2,234.65 PERA W/H 9-7-06
$320.32 GARAGE SALE DAYS FLYERS 9-22 &
$470.23 651-429-4750 - PHONE SERVTHRU
$60.00 J. MCPHERSON - OCT 192006 NEW
$33.81 7x9 PLAQUE - PARKS & REC
$35.88 8-25-06 ELECTION TRAINING
$47.33 CLASS 5
$62,109.57 GENERAL - SERV THRU 8-23-06
$75,984.00 PAY REQ. #2 BACKAGE RD & 21ST
$2,002.91 WETLAND CREDIT-TRANSACTION FEE
$35.46 1601 LAMOTTE DR - SERV THRU 8-
$3,307.13 POLICE BLDG SEPT DEBT SERV
$531.69 6900 - 20TH AVE - SERV THRU 8-
$364.33 FUEL SERV THRU JULY 2006
$5,847.50 $2.7M GO IMPRV BOND SERIERS 20
$41.14 REIMBURSE FOR MILEAGE ON 8-25-
$35.88 ELECTION TRAINING ON 8-25-06
$41.14 REIMBURSE MILEAGE FOR ELECTION
$1,321.50 CHEMICALS
$58.91 SUPPLIES
$90.00 T. PETERSON, J. MCPHERSON & A.
$41.14 MILEAGE REIMBURSEMENT FOR ELEC
$9.57 SUPPLIES
$148.76 FUEL FOR AUGUST 2006
$571.16 RICOH MUTL FUNCT - COPIER MAIN
$8.81 PAGER
$3,069.00 AUGUST 206 SAC CHARGES
$1,465.98 WATER TEST FEE - SAFE DRINKING
$5,300.00 $2.7M GEN OBLlG IMPR BONDS, SE
$912.43 CREDIT ON SIGNS -INV 764
$260.05 SUPPLIES
$991.92 1874 REVOIR ST - ACORN PARK
$99.24 REIMBURSE MILEAGE TO KIMBALL,
$75.08 P & Z - ORD. #10
$52.16 BLACK DIRT FOR SNOW PLOW REPAI
$2,748.00 REPAIR 8" FORCEMAIN ANOKA COUN
$55.43 ELECTION JUDGE TRAINING 8-25-0
$383.11 SUPPLIES
$34.47 REIMBURSE FOR OVER PYMT ON FIN
$41.14 MILEAGE REIMBURSEMENT FOR ELEC
$41.14 MILEGAGE REIMBURSMENT FOR ELEC
$35.88 ELECTION TRAINING ON 8-25-06
$33.29 REIMBURSE FOR MILEAGE
$35.88 ELECTION TRAINING ON 8-24-06
$144.00 8-23-06 CITY COUNCIL MEETING
$175,166.34
NOTE: There will be an updated list of disbursements for approval on 9-13-06.
If)
Centennial Fire District
Check Register
9/6/2006
The disbursements listed below are submitted by the Centennial Fire District for your approval:
DATE
8/3/2006
81312006
8/3/2006
81312006
8/3/2006
81312006
8/312006
8/3/2006
8/3/2006
81312006
81312006
8/312006
81312006
813/2006
CHECK# NAME
ACCOUNT
15318
15319
15320
15321
15322
15323
15324
15325
15326
15327
15328
15329
15330
15331
Centennial Utilities
Cent8rPoint Energy
Emergency Apparatus Maintenance
Grainger
McLeod USA
Metro Fire
Metrocall
Milo Bennett
MN Fire Service Certification Board
Nextel
Twin City Garage Door Company
Verizon Wireless
Lexington Fire
Milo Bennett
Total
42251 - Station 1 - Gas
42253 - Station 2 - Gas
42000 - Vehicle Expense
42130 - Equipment Expense
42240 - Telephone
42130 - Equipment Expense
42240 - Telephone
42180 - Office Supplies Expense
42220 - Travel, Conf., Schools
42240 - Telephone
42110 - Other Maintenance
42240 - Telephone
45010 - Safety Camp Expense
45010 - Safety Camp Expense
1 of 1
AMOUNT
202.26
56.46
146.30
66.66
363.64
61.77
88.99
145.00
220.00
143.55
272.25
58.88
356.35
1&QQ
2,325.11
II
. fl. Bonestroo
... Rosene
IIlIDIII Anderlik &
1\11 Associates
Engineers & Architects
2335 West Highway 36 . St. Paul. MN 55113
Office: 651-636-4600 . Fax: 651-636-1311
wwwbonestroo com
August 25, 2006
Dallas Larson
City of Centerville
1880 Main Street
Centerville, MN 55038-9794
Re: Block 7 Grading Plan and Utility Improvements
Engineering Scope and Proposal
BRAA Temp. File No. 000616-06000-0
Dear Dallas,
As requested, we have prepared the following scope of services for the surveying, design,
bidding, and inspection needed for the grading and utility work associated with the
redevelopment of Block 7, Lots 1-6, 7 & 14 in the downtown area. The site improvements
would take place after the City's contractor completes the demolition of the existing buildings on
site.
Preliminary Survey
1. Complete preliminary topographic survey.
This does Dot include setting new property irons. If property irons exist, we would locate
them. If they do not, we could estimate where they are. If the City wishes to have a
registered land surveyor place property irons, produce a certificate of survey, or produce a
plat of the area we could provide a separate proposal for this work.
Design
1. Review existing record drawings, maps, surveys, plats. etc.
2. Obtain private utility maps and incorporate into drawings as required by MN state rule 216D.
3. Produce plans and specifications.
4. Prepare estimated quantities for quotation.
5. Prepare cost estimates.
Bidding
1, Obtain quotes from several contractors if estimated cost is less than $50,000.
Permit~
1. Obtain necessary pennits with fees to be paid by the City.
Coqstruction Staking
1. Place stakes for contractor's use in establishing line and grade.
Inspection
1. Perfonn construction site inspection.
5t Paul. 51. Cloud. Rochester. MN · Milwaukee. WI · Chicago. IL
Afflrmatlft Actlon/lquRl OpportunltV Employer and Etnployee Owned
/2
2. Coordinate materials and soils testing. Actual fees for testing finn are above and beyond our
fees as stated in this proposal.
Record Plans
I. Perfonn field measurements
2. Produce Record Plan documents.
We propose to complete the services outlined above for an hourly, notwto-exceed tee of $6,500.
Sincerely,
BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC.
~,f ;><1-
Mark Statz, PE
City Engineer
Attachments
Copy: John Meyer, City ofCenterville
RJG
file
/3
J[jj Bonestroo
IIlCIIII Rosene
'"" Anderlik &
'\11 Assodates
engineers & Architects
2335 West Highway 36 · Sf Paul. MN 55113
OffIce: 651-636-4600 . Fax: 651-636-1311
wwwbonestroocom
August 25, 2006
Dallas Larson
City of Centerville
1880 Main Street
Centerville, MN 55038~9794
Re: CSAH 14 Reconstruction
Additional Water Main Improvements
BRAA File No. 000616-04144-0
Dear Dallas,
Unfortunately, I am writing to inform you that it appears, after our further investigation, that tbe
City will indeed be required to move its 12-inch water main near the "Water Works Nighclub"
site to accommodate a proposed retaining wall which will be a part of the County's CSAH 14
reconstruction. Additionally, the far northwest end of the proposed wall appears to interfere with
the City's existing gravity sanitary sewer. We are working with SRF and the County to redesign
that small portion ofthe wall in order to avoid moving our sewer pipe.
Previously we had submitted an engineering proposal to design water main and foreemain
improvements to be bid in conjunction with the SRF-designed CSAH 14 reconstruction. The
water main portion of that design was to be limited to new water main along Main Street from
Progress to Goifon.
In order to complete the necessary design of this water main reroute we will need to ask for an
additional $5,000 to be added our not-to-exceed fee of $1 0,000. If the City finds this acceptable,
we would complete the same scope of services outlined in our original letter (attached) for the
added water main improvements. If a reroute of the gravity sanitary sewer pipe is also needed,
we would provide a separate proposal to complete that redesign.
Sincerely,
BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC.
.~#'~
Mark Statz, PE
City Engineer
Attachments
Copy:
R.JG - BRAA
File
St Paul. St Cloud. Rochester. MN · Milwaukee. WI · Chicago. Il
Affirmative Action/Equal Opportunity Employer and Employee Owned
J!
February 20, 2006
Dallas Larson
City of Centerville
1880 Main Street
Centerville, MN 55038-9794
Re: CSAH 14 Reconstnlction
BRAA File No. 000616-04m:O
J'H
Dear Dallas,
As part of the proposed reconstruction of Main Street in 2007, the City's water system must be
inspected, adjusted, and extended prior to the new road improvements. The foHowing scope and
compensation is for our time to design the necessary watermain improvements for inclusion in
Anoka County's construction plans.
I. Review existing drawings and maps
2. Design water system on Main Street from Progress to Goiffon.
3. List necessary repairs to valves and hydrants
4. Provide plan sheets and information to SRF Engineers for inclusion in the CSAH 14
Reconstruction Project.
5. Design force main system on Main Street from Lift Station No.1 to Peltier Lake Drive.
6. Prepare estimated quantities.
7, Prepare cost estimates.
8. Attend meetings associated with these tasks.
We proposed to complete the services outlined above at a not-to-exceed fee of $10,000,
Yours very truly,
BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC.
Thomas W. Peterson
TWP:crw
5
CONTRACTOR'S COpy
FOR YOUR FILE
.1
Engineefs'~Arth(teds
Owner: City of Centerville, 1880 Main St., Centerville, MN 55038 Date: September 1, 2006
For Period: 7/19/2006 to 9/1/2006 Request No: 2
Contractor: BurschvilleConstruction, Inc., 11440 8th St. NE, P. O. Box 65, Hanover, MN 55341
CONTRACTOR'S REQUEST FOR PAYMENT
BACKAGE ROAD AND 21 ST AVENUE UTILITY AND STREET IMPROVEMENTS
BRA FILE NO. 000616-05143-0
SUMMARY
Original Contract Amount $ 1,118,251.90
2 Change Order - Addition $ 9,611.16
3 Change Order - Deduction $ 0.00
4 Revised Contract AmouRt . $ 1,127,863.06
5 Value Completed to Date $ 190,230.11
6 Material on Hand $ 0.00
7 Amount Earned $ 190,230.11
8 Less Retainage 5% $ 9,511.51
9 Subtotal $ 180,718.60
10 Less Amount Paid Previously $ 104,734.60
11 Liquidated damages - $ 0.00
12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 $ 75,98400
Recommended for Approval by:
BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC.
f2cr 4-J-
Approved by Contractor:
B SCHVILLE CONSTRUCTION, INC.
Approved by Owner:
CITY OF CENTERVILLE
Specified Contract Completion Date:
Date:
61605143REQ2.xls
/6
Contract Unit Current Quantity Amount
No. Item Unit Quantity Price Quantity to Date to Date
PART 1 - SITE GRADING:
1 MOBILIZATION LS 1 10000.00 0.5 $5,000.00
2 TRAFFIC CONTROL LS 1 2250.00 0.5 $1,125.00
3 SIL T FENCE, REGULAR LF 3600 1.60 15 2659 $4,254.40
4 CLEAR AND GRUB LS 1 16000.00 0.75 $12,000.00
5 COMMON EXCAVATION (P) CY 66400 1.93 27015 35000 $67,550.00
6 GRANULAR BORROW (CV) CY 11000 10.90 $0.00
7 SALVAGE AND RESPREAD TOPSOIL, 4" THICK LS 1 12950.00 0.25 0.5 $6,4 75.00
8 HAUL EXCESS TOPSOIL OFFSITE CY 10000 1.10 5233 10000 $11,000.00
9 SHEEHY PROPERTY ACQUISITION DELAY - SEE SPECS LS 1 5000.00 1 $5,000.00
10 EROSION CONTROL BLANKETS, CATEGORY 4 SY 2200 1.70 $0.00
11 TEMPORARY ROCK CHECK, CLASS I-IV CY 75 95.00 7 7 $665.00
12 GEOTEXTILE FABRIC FOR ROCK CHECK, TYPE IV SY 110 10.00 10 10 $100.00
13 12" BIOROLL LF 150 6.50 $0.00
14 24" STORM SEWER CULVERT LF 30 35.00 24 $840.00
TOTAL PART 1 - SITE GRADING: $114,009.40
PART 2 -SANITARY SEWER:
15 CONNECT TO EXISTING SANITARY SEWER 8" PVC PIPE EA 1 2000.00 1 $2,000.00
16 8" PVC SANITARY SEWER, SDR 35 LF 980 26.00 390 $10,140.00
17 4' DIAMETER SANITARY MH,.8'DEEP EA 4 1850.00 2 $3,700.00
18 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 9 110.00 7.63 $839.30
19 INSULATION, 4" THICK SF 650 2.00 $0.00
20 CLOSED CIRCUIT TV INSPECTION LF 980 1.00 $0.00
21 IMPROVED PIPE FOUNDATION, PER 6"INCREMENT LF 980 1.00 $0.00
TOTAL PART 2 - SANITARY SEWER: $16,679.30
PART 3 - WATER MAIN:
22 REMOVE WATER MAIN LF 90 20.00 110 160 $3,200.00
23 SALVAGE HYDRANT EA 1 1000.00 1 $1,000.00
24 JACK 12" WATERMAIN WITH CARRIER PIPE LF 55 390.00 57 $22,230.00
25 CONNECT TO EXISTING 8" WATER MAIN EA 1 1000.00 $0.00
26 12" X 12" WET TAP EA 1 3200.00 1 $3,200.00
27 12" PVC WATER MAIN LF 1450 31.00 450 $13,950.00
28 8" PVC WATER MAIN LF 840 21.00 $0.00
29 6" PVC WATER MAIN LF 60 18.00 8.5 8.5 $153.00
30 12" GATE VALVE AND BOX EA 1 1600.00 $0.00
31 8" GATE VALVE AND BOX EA 2 950.00 $0.00
32 6" GATE VALVE AND BOX EA 4 750.00 $0.00
33 HYD RANT WITH VALVE EA 4 2700.00 $0.00
34 12" FITTING RESTRAINT EA 26 85.00 2 2 $170.00
35 8" FITTING RESTRAINT EA 15 48.00 $0.00
36 6" FITTING RESTRAINT EA 32 39.00 5 5 $195.00
37 12" 22.5 DEGREE BEND EA 4 380.00 $0.00
38 12" X 6" TEE EA 7 480.00 $480.00
39 8" 90 DEGREE BEND EA 2 235.00 $0.00
40 8" X 6" TEE EA 1 300.00 $0.00
41 8" X 8" TEE EA 1 375.00 $0.00
42 12" X 8" REDUCER EA 1 270.00 $0.00
43 8" PLUG EA 1 100.00 $100.00
44 IMPROVED PIPE FOUNDATION, PER 6" INCREMENT LF 2000 1.00 $0.00
TOTAL PART 3 - WATER MAIN: $44,678.00
PART 4 - SERVICES:
45 6" PVC, SCH. 40 SERVICE PIPE LF 166 16.00 $0.00
46 6" PVC WATER MAIN LF 120 20.00 $0.00
47 6" GATE VALVE AND BOX EA 4 750.00 $0.00
48 8" X 6" PVC WYE EA 4 100.00 $0.00
49 6" PLUG EA 4 80.00 $0.00
TOTAL PART 4 - SERVICES: $0.00
PART 5 - STORM SEWER:
50 42" RCP STORM SEWER LF 445 107.00 $0.00
51 24" RCP STORM SEWER LF 230 37.00 $0.00
52 18" RCP STORM SEWER LF 520 31.00 $0.00
53 15" RCP STORM SEWER LF 1125 2800 $0.00 /1
61605143REQ2.xls
Contract Unit Current Quantity Amount
No. Item Unit Quantity Price Quantity to Date to Date
54 15" HDPE STORM SEWER LF 335 21.00 $0.00
55 42" FLARED END SECTION EA 2 3206.00 $0.00
56 24" FLARED END SECTION EA 1 1614.00 $0.00
57 18" FLARED END SECTION EA 6 942.00 $0.00
58 15" FLARED END SECTION EA 9 845.00 $0.00
59 4' DIA MANHOLE EA 1 1800.00 $0.00
60 4' DIAMETER STORM CBMH EA 12 1850.00 $0.00
61 5' DIAMETER STORM CBMH EA 1 2500.00 $0.00
62 2' X 3' CATCH BAS IN EA 4 1100.00 $0.00
63 OUTLET CONTROL STRUCTURE EA 4 1750.00 $0.00
64 CLASS III RANDOM RIPRAP CY 300 95.00 $0.00
65 6" PVC DRAIN TILE LF 600 12.00 $0.00
66 INSTALL AND MAINTAIN SEDIMENTATION STRUCTURE EA 19 375.00 $0.00
67 REMOVE MISCELLANEOUS ITEMS ALONG PROPERTY
LINE LS 800.00 $0.00
TOTAL PART 5 - STORM SEWER: $0.00
PART 6 - STREETS:
68 SAW BITUMINOUS LF 135 3.25 $0.00
69 REMOVE BITUMINOUS PAVEMENT SY 550 2.00 $0.00
70 REMOVE CONCRETE CURB AND GUTTER LF 225 2.25 $0.00
71 REM. & REPL. CHAIN LINK FENCE LF . 50 25.00 $0.00
72 SUBGRADE PREPARATION - STREET SY 10730 0.75 $0.00
73 GEOTEXTILE FABRIC, TYPE V SY 10730 1.38 $0.00
74 AGGREGATE BASE, CLASS 5 TN 5275 11.40 $0.00
75 SELECT GRANULAR BORROW (CV) CY 5975 13.46 $0.00
76 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 1250 50.00 $0.00
77 TYPE LV 4 WEARING COURSE MIXTURE (B) TN 1250 57.75 $0.00
78 BITUMINOUS MATERIAL FOR TACK COAT GAL 575 2.60 $0.00
79 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 2900 8.90 $0.00
80 B618 CONCRETE CURB AND GUTTER LF 1600 9.35 $0.00
81 4" CONCRETE MEDIAN SY 30 38.00 $0.00
82 4" PERFORATED POLYETHYLENE PIPE LF 4500 2.75 $0.00
83 BARRICADE EA 5 275.00 $0.00
84 ADJUST VALVE BOX EA 2 250.00 $0.00
85 STREET SWEEPER WITH OPERATOR HR 20 110.00 $0.00
86 4 MIL POL Y SY 450 3.00 $0.00
87 EROSION CONTROL BLANKETS, CATEGORY 3 SY 500 1.60 $0.00
88 MNDOT SEED MIX 28B AC 5 775.00 0.39 0.39 $302.25
89 BWSR SEED MIXTURE W2 AC 4.5 1400.00 3 3 $4,200.00
90 BWSR SEED MIXTURE U6 AC 2 1000.00 0.75 0.75 $750.00
91 SODDING, LAWN TYPE SY 1150 3.50 $0.00
92 SIGN PANELS, TYPE C, HIGH INTENSITY SF 21 29.00 $0.00
93 4" DOUBLE SOLID LINE, YELLOW EPOXY LF 900 0.95 $0.00
94 4" SOLID LINE, YELLOW EPOXY LF 2000 0.50 $0.00
95 4" BROKEN LINE, YELLOW EPOXY LF 440 0.50 $0.00
96 4" SOLID LINE, WHITE EPOXY LF 250 0.50 $0.00
97 12" SOLID STOP LINE (BAR), WHITE EPOXY LF 35 8.50 $0.00
98 PAVEMENT MESSAGE, LEFT TURN ARROW - EPOXY EA 5 125.00 $0.00
99 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 2 1000.00 $0.00
TOTAL PART 6 - STREETS: $5,25225
PART 7 - CSAH 54 RIGHT TURN LANE:
100 TRAFFIC CONTROL LS 1 1000.00 $0.00
101 COMMON EXCAVATION (P) CY 230 15.00 $0.00
102 SAWING BITUMINOUS LF 500 2.75 $0.00
103 SUBGRADE PREPARATION SY 750 0.75 $0.00
104 AGGREGATE BASE, CLASS 5 TN 270 11.50 $0.00
105 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 95 58.00 $0.00
106 TYPE MV3 NON-WEAR COURSE (C) TN 65 66.00 $0.00
107 TYPE MV3 WEAR COURSE (C) TN 65 66.00 $0.00
108 BITUMINOUS MATERIAL FOR TACK COAT GAL 80 2.60 $0.00
109 4" SOLID LINE, WHITE EPOXY LF 720 0.50 $0.00
110 PAVEMENT MESSAGE, RIGHT TURN ARROW - EPOXY EA 1 125.00 $0.00
111 SEEDING AC 0.2 775.00 $0.00
TOTAL PART 7 - CSAH 54 RIGHT TURN LANE $0.00 /!
61605143REQ2 xis
Contract Unit Current Quantity Amount
No. Item Unit Quantity Price Quantity to Date to Date
CHANGE ORDER NO.1
1 CREW TIME HR 3.5 725.00 3.5 3.5 $2,537.50
2 8" DIP PLUG EA 1 73.49 1 1 $73.49
3 CREW TIME HR 7 725.00 7 7 $5,075.00
4 8" DIP 45 DEGREE BEND EA 4 279.88 4 4 $1,119.52
5 8" PVC, C900 WATERMAIN LF 10 14.72 10 10 $147.20
6 1.5" ROCK STABILIZATION TN 15 19.73 15 15 $295.95
7 CREW TIME HR 0.5 725.00 0.5 0.5 $362.50
TOTAL CHANGE ORDER NO.1 $9,611.16
TOTAL PART 1 - SITE GRADING:
TOTAL PART 2 - SANITARY SEWER:
TOTAL PART 3 - WATER MAIN:
TOTAL PART 4 - SERVICES:
TOTAL PART 5 - STORM SEWER:
TOTAL PART 6 - STREETS:
TOTAL PART 7 - CSAH 54 RIGHT TURN LANE:
TOTAL CHANGE ORDER NO.1
TOTAL WORK COMPLETED TO DATE
$114,009.40
$16,679.30
$44,678.00
$0.00
$0.00
$5,252.25
$0.00
$9,611.16
$190,230.11
61605143REQ2.xls
/9
PROJECT PAYMENT STATUS
OWNER CITY OF CENTERVILLE
BRA FILE NO. 000616-05143-0
CONTRACTOR BURSCHVILLE CONSTRUCTION, INC.
CHANGE ORDERS
No. Date
Description
Amount
1 7/28/2006 This Change Order provides for installation of utilities and street $9,611.16
on Old Mill Road. See Change Order.
Total Change Orders $9,611.16
PAYMENT SUMMARY
No. From
To
Payment
Retainage
Completed
1 06/01/2006 07/18/06 104,734.60 5,512.35 110,246.95
2 07/19/2006 09/01/06 75,984.00 9,511.51 190,230.11
Material on Hand
Total Payment to Date $180,718.60 Oriainal Contract $1,118,251.90
Retainaqe Pay No 2 9,511.51 Chanqe Orders $9,611.16
Total Amount Earned $190,230.11 Revised Contract $1,127,863.06
61605~143REQ2 xis
AJ
MEMO
TO: Honorable Mayor & City Council Members
FROM: Kim Stephan
SUBJECT: Appointment of New Parks & Recreation Committee Members
DATE: September 7, 2006
At the regularly scheduled September 6, 2006 Parks & Recreation Committee Meeting the committee
made the following recommendation:
Motion was made by Committee Member Amundsen, seconded by Committee Member Seeley to
recommend City Council appoint Mr. Kevin Selander and Ms. Carrie Jakober to the Parks &
Recreation Committee. All in favor. Motion carried unanimously.
/J
~--- -_. ---- --.-- -.-- --~._-~-~~
~
..
~ VVl.
L2.. _._ CIlY OF CENTERVlllE
~ APPLICATION FOR APPOINTMENT
Committee or Commission applying for: _p~ aM ~ /l. iA' J
NAME: ffl~ qa Ju>-/WV
STREET ADDRESS: If) 9 7} /3l7 J ON 1Jh).
CITY:1J;J11)Avi Ill)
TELEPHONE Home f#I)J II/) -::J- R/(l/-<j
Number of years a Centerville ResidentJ 5
Comiuilw
MN ZIP: .')5fJ38
Work II) C)/ ;;)1 f~ __E.) J\ 14
Fax
Ate you presently serving on a City of Centerville Committee or Commission? () 0
Which One?
Tenn
Have you served on a City at Centerville Committee or Commission in the past? () ()
Whim One?
Tenn
Which One?
Tenn
\Nhat do you have to offer to The City of Centerville Committee or Commission?
\J 1Ilf'JJd) Oj~ 1/h&f)tMlj(fliJ L ~ J /JlYlj //d) ,Q/li'JZ!O
,-Jili PLW1r) /J Ild 0 t II viJJj/J +1M t ~J;1ilA)}i # j 1/ (~JJ.
CiLyP}WIJIJ. j rdJ PiN; cI-d liJJ.WLLtl Ur.) 'fJA J tAl) paM (j /1# ARh
a..lJrnf)'lat~ll/)f (l/JJY1J111:iffYIplli~ (}IJ fJ/] 0f1;>~
~E~ 0 ATION THAT 'OULD ENHANCE YOUR EFFECTIVENESS
AS A CQMMITIEE OR COMMISSION MEMBER
SIGNATURE ~ ~ DATE J/d if nUl.
Return to: City of Centervilla, 1880 Main Street, Centervills, MN. 55038
/:2'
IV"' W <VVO
.ll>: J~ I'M IHH41:1ZU41:1J
AEROTEK
I4J 001
frrrN '. Kr tv\ S,tPH IhJ
Cl.. CITY OF CENTERVILlE
l!Ifs~~ APPLICATION FOR APPOINTMENT
Committee or Commission applying for~ :PA-~J( S ~ I~ tr Lac..-p,.. Tr oJ
NAME: J{ r;v.s:=,J S ~LPrN 0 ~
STREET ADDRESS: I b" ~ Hu..NT1:"'t2-S T~.r;~
CITY: C€N1ett-\frl"tE
TELEPHONE Home Co:; 1- CDs 3 - .3 ~ c OJ
S r~R-S
MN
ZIP: SS-O ~ ra
~ I~ - J. B' -1? '702..
Fax }.fj>>
Work
Number of years a Centerville Resident
Are you presently serving on a City of Centervil/e Committee or Commission? No
Which One?
Term
Have you served 00 a City of Centerville Committee or Commission in the past? AI 0
Which One?
Term
Which One?
Term
What do you have to offer to The City of Centervill~ Committee or Commission?
My core values include integrity, trust, self development, results orientated; Customer (resident) focused,
and value diversit.y, I will bring new ideas. energy and a point of view !bat wH1 benefit my community.
1 have an athletics background through college and have been involved with coaching youth ~l Credn
Derham HalJ and Sc. Paul Parks & Recreation. I have been involved with groups and think tank meetings
for ideas on new programs and facilities for St. Paul Parks and Recreation during the summer &lomhs of
college and] year after,
Currently my career has taken me into Architecture and Engineering where I am involved with most firms
in the Twin Cities. .
EXPERIENCE OR EDUCATION THAT WOULD ENHANCE YOUR EFF.ECTIVENESS
A~ A ~nMlAITTEE OR COMMISSION MEMBER
My experience /tas included the ten years working as an account manager fo,' Aerotek Architecture &
Engineering. I have [0 manage several tasks and have experience working with people as my clients. ram
involved with serious decision making for [he growth of OUr company and the develOpment of our
empJoyees.
My education inclUdes a Graduate of Cretin Derham Hall High School, and a Bachelor of Arts degree from
Saint Mary's University in Winona, MN.
I look forward to providing my services to the City ofCenterville On the Parks and Recreation Committee.
SIGNATURE ~ C #' DATE a;1/~a4:l.6
Return to: City of Centerville, 1880 Main Street, Centerville, MN 55038
(A.l'- (D~f- LfJ,1- ~CoJ 9 - krm srcPHPrtJ
'2
MEMO
TO: Honorable Mayor & City Council Members
FROM: Kim Stephan
SUBJECT: Recommendation for Sod - Laurie LaMotte Memorial Park Play Structure
DATE: September 7, 2006
Mr. Paul Palzer, Public Works Director, asked the committee to consider sodding around the play
structure at Laurie LaMotte Memorial Park. Seed has been attempted at the park in the past but, there
is too much wear and tear and the seed doesn't take. Mr. Palzer has a quote for black dirt, sod and
installation at $5 per yard with between 350 and 400 yards being needed.
At the regularly scheduled September 6,2006 Parks & Recreation Committee Meeting the committee
made the following recommendation:
Motion was made by Chairperson Peil, seconded by Committee Member Merkel to recommend
City Council accept Mr. Paul Palzer's recommendation to install black dirt and sod around the
play structure at Laurie LaMotte Memorial Park, not to exceed $2,000. All in favor. Motion
carried unanimously.
~I
Teresa Bender
From:
Sent:
To:
Cc:
Subject:
Paul Palzer [ppalzer@centervillemn.com}
Friday, September 08,2006 10:27 AM
Dallas Larson
Teresa Bender
Park Ashpalt approach ramp
Hello Dallas -
Matt Vessel from Arcade Asphalt left a message that an trail 8'-6" x 42' would be
$1,350.00. The is for the Lauire Lamotte play structure that was just installed. Could
you have Teresa add this for council approval. Thanks, Paul
1
$
'L.;ta{j[L.,-li E:l{ lSC;7
1880 'Main Street, Centervirfe, 'MW 55038
651-429-3232 or <FCV( 651-429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #06-XXX
Resolution Approving the Preliminary 2007 Budget and Tax Levy
BE IT RESOLVED by the city council of the City of Centerville, County of Anoka,
State of Minnesota, that the following proposed budget and tax levy be adopted for taxes
payable in 2007 in the City of Centerville for the following purposes:
Expenditures Revenues
Tax Levy
General Fund$2,357,900
$442,000
$1,915,900
BE IT FURTHER RESOLVED that a public budget hearing will be set for the 29th day
of November, 2006 at 6:30 p.m. in the Centerville City Hall for the purpose of obtaining
input on said budget. The continuation date for the hearing, if required, will be set for the
13th day of December, 2006 at 6:30 p.m.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to transmit a
certified copy of this resolution to the County Auditor of Anoka County, Minnesota.
ATTEST:
CITY CLERK
MAYOR
;%
ervi{(e
'Esta6fisfied 1857
City of Centerville
Proposed 2007 Budget
Presented: September 13, 2006
;!1
City of Centerville
Narrative for 2007 Proposed Budget
September 13, 2006
Attached is the proposed Year 2007 General Fund Budget for the City of Centerville. This report is
intended to disclose all assumptions used in calculating the proposed budget and explain any significant
variances from last year.
The following assumptions were made in calculating the proposed budget:
Revenues:
Tax Levv
The general tax levy was increased by $106,469 for additional spending. At this proposed levy
amount, initial tax capacity figures indicate that a tax rate will increase to a rate of 51.69 from
50.48. This estimate of tax capacity is based on updated county data that enumerated a
decrease in the city's tax capacity and an increase in the city's contribution to area wide
spending.
Local Government Aid
The city will receive $23,088 in local government aid in 2007.
Licenses and Permits
Licenses and Permits revenues will decline slightly because of a change in the housing market.
Fines and Forfeits
Fines and forfeits have been increased.
Interest Earninas
Increasing rates will increase interest earnings.
Assessments
Assessment receipts will decline in 2007.
Expenditures:
Salaries and Benefits
The following assumptions were made in calculating salaries and benefits for the 2007 budget.
All percentages can easily be adjusted on the attached spreadsheets:
3% structure increase (COLA);
4% step increase for eligible employees;
A legislative mandated increase contribution rate to PERA;
The budget reflects additional salary for part time help in Public Works and
Administration (document scanning);
Allocations were changed to more accurately reflect actual time spent, resulting
in slight differences in distributions across departments;
Overtime was calculated at 5% of the annual salary for the three existing Public
Works employees;
$77 per employee per month increase in health insurance contribution, in
accordance with the union contract. Insurance rates are expected to rise by 9-
12 % in January 2007.
Ji
Police Administration
The 2007 budget amount of $649,000 from the Centennial Lakes Police Department is reflected
in the budget.
Fire Protection
The 2007 budget amount of $98,949 from the Centennial Fire Department is reflected in the
budget.
Parks and Recreation
The parks and recreation includes operating funds for the city's $8,000 contribution to the
Centennial Youth Hockey Association for the potential ice time financing gap. In addition to
operating funds for the Parks and Recreation budget, $25,000 in funds are provided for capital
outlay to match the Transportation Enhancement Grant for trail development. All trail
improvements were included in the Transportation Enhancement Grant application.
Economic DeveloDment
The economic development budget includes $2,000 for the Anoka County Partners commitment.
City Festival
The City Festival budget includes an estimated $22,000 appropriation from the City plus a
proposed $3,000 pass-through donation from gambling funds.
Transfers Out
This line item includes a proposed $102,000 transfer to the 2004 Municipal Street Debt Service
Fund to cover the City's portion of the street project obligation, $400 transfer for 2000 Street
Assessments and $78,800 for lease payments on the Joint Police Station.
Capital Outlav
Capital outlay in the amount of $148,000 is available in the 2007 proposed budget for capital
needs such as technology improvements, two vehicle replacements for public works/building
inspections, bobcat attachment, tractor replacement, encumbrance for public works facility
construction and a contribution to park & recreation.
I wish to thank the City Administrator, Public Works Director, City staff, Anoka County staff and the City
Council for their patience and help with the preparation of this draft budget. I am available to answer
any questions you may have regarding the proposed budget or budget process. Thank you for your
patience and understanding.
Respectfully Submitted:
Approved By:
Jon,^, w. Me~eY
Finance Director
Dtllltls LtlySO,^,
Administrator
;CtJ
CITY OF CENTERVILLE
General Fund Proposed 2007 Budget
Revenues:
Property Taxes
MV Homestead Credit Cut
Other Taxes & Assessments
Licenses & Permits
Building Inspection
Fines & Forfeits
Intergovernmental
Fire Relief Aid
Charges for Services
Interest Earnings
Miscellaneous Revenues
Refunds & Reimbursements
Fund Balance
Total Revenues
Expenditures:
Current
General Government
Mayor and Council
Elections
Planning & Zoning
Administration
Financial Administration
Assessing
Legal
City Hall
Total General Government
Public Safety
Police Protection
Fire Protection
Building Inspection
Electrical Inspection
Civil Defense
Animal Control
Total Public Safety
Public Works
Public Works
Engineering Services
Recycling
Streets
Street Lighting
Total Public Works
Final
2006 Budget
Proposed
2007 Budget
1,809,431.00
(84,431.00)
84,500.00
195,000,00
168,000.00
30,000.00
110,000.00
95,000.00
2,000.00
40,000.00
10,000.00
4,000.00
0.00
1,915,900.00
46,000.00
160,000.00
110,000.00
40,000.00
117,000.00
95,000.00
2,000.00
58,000.00
15,000.00
4,000.00
0.00
2,200,500.00
2,357,900.00
23,000.00 35,000.00
5,000.00
10,000.00 20,000.00
324,600.00 395,000.00
18,000.00 18,000.00
20,000.00 18,000.00
80,000.00 55,000.00
38,000.00 40,000.00
518,600.00 581,000.00
577,376.00 649,000.00
186,000.00 194,000.00
155,000.00 158,000.00
9,000.00 9,000.00
4,000.00 4,000.00
1,500.00 2,000.00
932,876.00 1,016,000.00
170,000.00 175,000.00
15,000.00 25,000.00
5,000.00 5,000.00
80,000.00 80,000.00
27,000.00 30,000.00
297,000.00 315,000.00
s
OTHER FINANCING SOURCES (USES)
Operating Transfer In
Operating Transfer Out
GO Assessment 2000
GO Improvement 2004B
Joint Police Station Lease
GO CSAH 14 Improvement
TOTAL OTHER FINANCING
SOURCES (USES)
EXCESS (DEFICIENCY) OF
REVENUE AND OTHER FINANCING
SOURCES OVER EXPENDITURES
AND OTHER FINANCING USES
PREPARED BY: JOHN MEYER, FINANCE DIRECTOR
Culture and Recreation
Park/Rec. Committee
Park/Rec. Programs
Park Maintenance
Total Culture and Recreation
Economic Development
Economic Development
EDC - Frozen Fete Des Lacs
EDC - Business Directory
EDC - Business Promotion
EDC - Miscellaneous
Anoka County Partners
Cougar Cash
Total Economic Development
Unallocated
Refunds & Reimbursements
City Summer Festival
Total Miscellaneous
Total Current Expenditures
Capital Outlay
General Government
Public Safety
Streets and Highways
Culture and Recreation
Total Capital Outlay
TOTAL EXPENDITURES
EXCESS (DEFICIT) OF REVENUES
OVER EXPENDITURES
2,500.00
10,000.00
65,000.00
77,500.00
3,000.00
15,500.00
67,000.00
85,500.00
6,500.00
6,200.00
4,200.00
2,000.00
6,500.00
6,200.00
0.00
20,000.00
20,000.00
25,000.00
25,000.00
1,852,476.00
2,028,700.00
42,124.00
0.00
100,000.00
25,000.00
5,000.00
5,000.00
113,000.00
25,000.00
167,124.00
148,000.00
2,019,600.00
2,176,700.00
180,900.00
181,200.00
0.00
(180,900.00)
(400.00)
(102,000.00)
(78,500.00)
0.00
(180,900.00)
0.00
(181,200.00)
(400.00)
(102,000.00)
(78,800.00)
0.00
(181,200.00)
0.00
0.00
9/8/2006
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33
Draft 9-6-05
RESOLUTION NO.
RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY
BE IT RESOLVED by the City Council of the City of Centerville, Minnesota (City) as
follows:
Section I.. Background:_Findings.
1.01. The City is authorized by Minnesota Statutes, Chapter 469 (Act) to establish an
Economic Development Authority (EDA) to coordinate and administer economic development
and redevelopment plans and programs of the City.
1.02. It is found and determined by the City Council that the encouragement and financial
support of economic development and redevelopment in the City is vital to the orderly
development and financing of the City and in the best interests of the health, safety, prosperity
and general welfare of the citizens of the City.
1.03. It is further found and determined that the economic development and redevelopment of
the City can best be accomplished by the establishment of an EDA as authorized by the Act.
1.04. The City Council has in accordance with the Act provided public notice and conducted a
public hearing on , 2006 concerning the establishing of an EDA at which all
persons wishing to be heard expressed their views.
Section 2. Enabling Resolution.
2.01. The Economic Development Authority of the City of Centerville (EDA) is hereby
established.
2.02. The EDA consists of a governing body of five commissioners who shall be members of
the City Council and serve as Commissioners of the EDA for terms coinciding with their terms
as members of the City Council. The EDA has all the powers and duties set forth in Section
469.090 to 469.108 of the Act and other law, except as limited by this resolution.
(Alternate 2.02. The EDA consists of a governing body of seven commissioners, five of whom
shall be members of the City Council and serve as Commissioners of the EDA for terms
coinciding with their terms as members of the City Council. The other two commissioners shall
be City residents appointed by the Council to serve as commissioners for four-year terms. They
may be reappointed once for a total of two full terms [maximum 8 years). The EDA has all the
powers and duties set forth in Section 469.090 to 469.108 of the Act and other law, except as
limited by this resolution
2.03. The followlnQ timit~ annlv to the FDA and it~ oneration:
31
Draft 9-6-05
a) The sale of bonds or other obligations of the EDA must be approved by the City Council.
(b) The EDA must follow the budget process for City departments in accordance with City
policies, ordinances and resolutions.
(c) Development and redevelopment actions of the EDA must be in conformance with the City
comprehensive plan and official controls implementing the comprehensive plan.
(d) The EDA must submit its plans for development and redevelopment to the City Council for
approval in accordance with City planning procedures and law.
(e) The administrative structure and management practices and policies of the EDA must be
approved by the City Council.
2.04. As provided in the Act it is the intention of the City Council that nothing in this
resolution nor any activities of the EDA are to be construed to impair the obligations of the
City under any of its contracts or to affect in any detrimental manner the rights and privileges
of a holder of a bond or other obligation heretofore issued by the City.
Section 3. Implementation.
3.01. The City Council will from time to time and at the appropriate time adopt such
ordinances and resolutions as are required and permitted by the Act to give full effect to this
resolution.
3.02. The Mayor, the Administrator, and other appropriate City officials are authorized and
directed to take the actions and execute and deliver the documents necessary to give full effect
to this resolution.
3.03. Nothing in this resolution is intended to prevent the City from modifying this enabling
resolution to impose new or different limitations on the EDA as authorized by the Act.
PASSED AND DULY ADOPTED by the City Council of the City of Centerville this _
day of ,2006.
CITY OF CENTERVILLE
Mary Capra, Mayor
ATTEST:
Teresa Bender, City Clerk
36
Draft 9-6-2006
BY-LAWS OFTBE ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF CENTERVILLE, MINNESOTA
ARTICLE I - THE AUTHORITY
Section 1. Name of Authority. The name of the Authority shall be the "Economic
Development Authority of the City ofCenterville, Minnesota" (which may sometimes be
referred to as the "EDA" or the "Authority"), and its governing body shall be called the
Board of Commissioners (the ''Board''). The Board shall be the body responsible for the
general governance of the Authority and shall conduct its official business at meetings
thereof
Section 2. Seal of Authority. The Authority shall have an official seal, as required by
Minnesota Statutes Section 469.096, Subdivision 1.
Section 3. Office or Authority. The offices of the Authority shall be the Centerville City
Hall.
ARTICLE IT - OFFICERS
Section 1. Officer. The officers of the Authority shall be a President, a Vice-President, a
Treasurer, an Assistant Treasurer, and a Secretary. The President, the Vice-President and
the Treasurer shall be members of the Board and shall be elected annually, and no
Commissioner may be both President and Vice-President simultaneously. The Assistant
Treasurer and the Secretary need not be members of the Board.
Section 2. President. The President shall preside at all meetings of the Board. Except as
otherwise authorized by resolution of the Board, the President and the Secretary (the
Vice-President, in the Secretary's absence or incapacity) shall sign all contracts, deeds
and other instruments made or executed by the Authority, except that all checks of the
Authority shall be signed by the Treasurer and Assistant Treasurer. At each meeting the
President shall submit such recommendations and information as he or she may consider
proper concerning the business, affairs and policies of the Authority.
Section 3. Vice-President. The Vice-President shall perform the duties of the President in
the absence or incapacity of the President; and in case of the resignation or death of the
President, the Vice-President shall perform such duties as are imposed on the President
until such time as the Board shall select a new President.
Section 4. Secretary. The Secretary shall keep minutes of all meetings of the Board and
shall maintain all records of the Authority. The Secretary shall also have such additional
duties and responsibilities as the Board may from time to time and by resolution
prescribe.
36
Draft 9-6-2006
Section 5. Treasurer. The Treasurer shall have the care and custody of all funds of the
Authority and shall deposit the same in the name of the Authority in such Bank, or banks
as the Board may select. The Treasurer and Assistant Treasurer shall sign all orders and
checks for the payment of money and shall payout and disburse such moneys under the
direction of the Board. The Treasurer shall keep regular books of account showing
receipts and expenditures and shall render to the Board, at least annually (or more often
when requested), an account of such transactions and also of the financial condition of
the Authority. The Assistant Treasurer shall act as the Treasurer's agent and assistant to
perform the above-described duties, subject to the Treasurer's approval thereof
Section 6. Additional Duties. The officers of the Authority shall perform such other
duties and functions as may from time to time be required by the Board or the bylaws or
roles and regulations of the Authority.
Section 7. Vacancies. Should the office of President, Vice-President, Treasurer, Assistant
Treasurer or Secretary become vacant the Board shall elect a successor at the next regular
meeting, or at a special meeting called for such purpose and such election shall be for the
unexpired term of said officer.
Section 8. Additional Personnel. The Board may from time to time employ such
personnel as it deems appropriate to exercise its powers, duties, and functions. The
selection and compensation of such personnel shall be determined by the Board.
ARTICLE In - Meetings
Section 1. Regular Meetings. The regular meetings of the Board shall occur according to
a meeting schedule, if any, adopted or revised from time to time by resolution of the
Board.
Section 2. Special Meetings. Special meetings of the Board may be called by the
President or any two members of the Board for the purpose of transacting any business
designated in the call. At such special meeting no business shall be considered other than
as designated in the call, but if all members of the Board are present at a special meeting
any and all business may be transacted at such special meeting. Notice of any special
meeting shall be posted and/or published as may be required by law.
Section 3. Quorum. The power of the Authority shall be vested in the Board. Four
Commissioners shall constitute a quorum for the purpose of conducting the business and
exercising the powers of the Authority and for all other purposes but a smaller number
may adjourn from time to time until a quorum is obtained. When a quorum is in
attendance, action may be taken by the Board upon a vote of a majority of the
Commissioners present.
31
Draft 9-6-2006
Section 4. Order of Business. At the regular meetings of the Board the following shall be
the order of business:
1. Roll call.
2. Approval of the minutes of previous meeting.
3. Bills and communications.
4. Reports.
5. Unfinished business.
6. New business.
7. Adjournment.
All resolutions shall be written or transcribed and shall be retained in the journal of the
proceedings of the Board, maintained by the Secretary.
Section 5. Adoption of Resolutions. Resolutions of the Board shall be deemed adopted if
approved by not less than a simple majority of all Commissioners present, unless a
different requirement for adoption is prescribed by law. Resolutions may, but need not be
read aloud prior to vote taken thereon and may, but need not be executed after passage.
Section 6. Rules of Order. The meetings of the Board shall be governed by
the most recent edition of Robert's Rules of Order.
ARTICLE IV - MISCELLANEOUS
Section 1. Amendments to Bylaws. The bylaws of the Authority shall be amended only
by resolution approved by at least four of the members of the Board.
Section 2. Fiscal Year. The fiscal year of the Authority shall coincide with the fiscal year
of the City of Centerville, Minnesota.
Adopted on
, 2006.
~
league 0/ Minnesofa Cities
Cities promoting ..-J1-C8
League of Minnesota Cities
145 University Avenue West, St. Paul, MN 55103-2044
(651) 281-1200 · (800) 925-1122
Fax: (651) 281-1299 · TOO: (651) 281-1290
www.lmnc.org
August 30, 2006
F" <'" C "''''VE D
.~.}>.' .",,~ .~ '_1 fO , -...
~-"\'\~;; ,,,,j'J ~;..,.~ _
Dallas Larson, Administrator
City of Centerville
1880 Main St
Centerville MN 55038-9794
o 1 ZOOB
CE~'"J'T::.._
LLE, MN
Re: Minnesota Coalition of Stormwater Cities
Dear Dallas:
Four years ago the LMC formed the NPDES Guide Plan Steering committee to assist members
in complying with the requirements of the National Pollution Discharge Elimination System
Phase II program. Ultimately, 117 regulated cities joined in this collaborative effort to develop a
model NPDES template, and to speak with one voice to the Minnesota Pollution Control Agency
(MPCA) in adoption of the Phase II permit for MS4 cities. It appears that working together,
Minnesota cities saved hundred of thousands of dollars in consulting fees and achieved a more
workable and consistent outcome with the PCA.
Phase II cities now join Phase I cities (Minneapolis, St. Paul) in moving into the hard work of
implementation of the NPDES plans, and additional mandatory and discretionary cities have
been identified to come under NPDES regulation. At the same time, all cities face increased
regulation and best management practice requirements under the Total Maximum Daily Load
(TMDL), non-degradation and impaired waters limitations of the federal Clean Water Act.
At the request of many of the cities that participated in the NPDES project, LMC has now agreed
to sponsor a new fee-based Minnesota Cities Stormwater Coalition (MCSC) to support cities and
their stormwater professionals in program implementation, and in continuing to have a clear,
unified, and effective voice with the MPCA and other regulatory agencies. A transition
committee of city stormwater professionals, working with LMC staff, has developed the attached
proposal for the new MCSC. As you will see, the primary means of accomplishing the goals
will be for LMC to enter a new contract for the professional services of Randy Neprash of
Bonestroo & Associates, the consultant that completed the NPDES Guide Plan project. Randy
won strong endorsement from the affected cities not only for developing the Guide Plan, but for
effectively representing their interests with the MPCA and other agencies.
Under the new contract, Randy will perform such tasks as representing cities at the MPCA
Stormwater Steering Committee, coordinate with MPCA on MS4 permit issues, and track
development of new regulations for construction site permits. As part of his work he will
regularly report back to the affected cities through electronic newsletters and the posting of
information on the LMC Website. A more complete description of the proposed Scope of
Professional Services is attached for your review.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
09
Page 2
August 30, 2006
The estimated annual budget for this project is $75,000, most of which will be used to cover the
consultant charges and expenses. A small amount is included to cover clerical and technical
support as well as direct expenses incurred by LMC. A $15,000 reserve is also included to cover
unanticipated costs that may arise. A nine-member steering committee, made up of city
stormwater professionals, will provide oversight to the delivery of services and to the budget.
The budget will be met by fees paid by the participating cities; the allocation is based one-half an
equal sharing among all participants and one half on population. A schedule of maximum fees
for each population group is attached. Based on a reasonable expectation of participation, we
have developed the following estimated annual fee schedule:
Population Range Annual Fee
0- 3,000 $375
3,001 - 6,000 $470
6,001 - 10,000 $565
10,001 - 20,000 $690
20,001 - 30,000 $875
30,001 - 50,000 $1,125
50,001 - 100,000 $1,625
St. Paul $4,500
Minneapolis $5,500
If your city would like to participate, please sign the enclosed letter of understanding and return
it to:
Rebecca Erickson, League of Minnesota Cities
145 University Ave. W.
St. Paul, MN 55103-2044
no later than Monday, October 2,2006. Be sure to include the contact information for your
primary representative. Please do not enclose a check at this time; your city will be invoiced
once it is determined that there is sufficient interest for MCSC to be formed.
If you have questions, please contact LMC Director of Member Services Kevin Frazell at 651-
281-1215 or kfrazell@lmnc.org.
Sincerely,
ti$v ffi..L-
x {))--~
Lori Haak, Chair
MCSC Steering Committee
Water Resources Coordinator, Chanhassen
Kevin Frazell
Director of Member Services
League of Minnesota Cities
-ftJ
League of Minnesota Cm""
CifJes promoting W<Ce1l""CfI
League of Minnesota Cities
145 University Avenue West, St. Paul, MN 55103-2044
(651) 281-1200 . (800) 925-1122
Fax: (651) 281-1299 . TOO: (651) 281-1290
www.lmnc.org
September, 2006
Letter of Understanding
Re: Minnesota Cities
Stormwater Coalition (MCSC)
The City of hereby agrees to participate in the League of Minnesota
Cities' Minnesota Cities Stormwater Coalition (MCSC) per the terms and conditions outlined
below.
Mission
To protect Minnesota's water resources by ensuring that the policies, permits, procedures, rules,
and legislation adopted by state water resource management agencies and other regulatory
entities are both meaningful and manageable from the perspective of the regulated parties.
General Goals
· Promote staff-to-staff discussion with MPCA (e.g., TMDL baseline)
. Be cities' eyes and ears in state agency and stakeholder group discussion
. Exercise policy influence
. Influence development of regulations and implementation plans in the early stages
. Offer a consistent voice
. Help unify positions taken by agencies
. Encourage agencies to provide sample documents (e.g., construction SWPPP)
Action Plan
. Advocate for the interests of the regulated cities with regulatory agencies
. Provide input and professional advice for the LMC policy development process, but will not
take independent legislative positions
. Foster and manage communication and networking on water resource issues among regulated
cities and with state regulatory agencies and other cities
· Provide technical assistance and training for regulated cities
· Participate in state regulatory and water resource forums, such as the Stormwater Steering
Committee, Minnesota Pollution Control Agency stakeholder groups, Total Maximum Daily
Load stakeholder groups, Nonpoint Education for Municipal Officials, Watershed Partners,
Minnesota Public Works Association and City Engineers Association of Minnesota
· Encourage the various state agencies to keep guidance documents for regulated cities current
· Undertake special projects as appropriate
· Cooperate with other entities in developing educational materials that can be used by
regulated cities
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
4/
Letter of Understanding
Page 2
August 29, 2006
Eligible Members
While interest is focused on Phase I, Phase II, mandatory and discretionary cities, all LMC
member cities may participate. Other regulated entities, i.e. interested watershed districts, may
participate for the purposes of receiving information and adding to the discussion, but will not
have formal standing in MCSC.
Legal Structure
Membership in the MCSC will become effective upon participating cities signing this Letter of
Understanding. It is understood that LMC will hire and supervise staff, retain necessary
consultants, provide fiscal and other general administrative support services. The LMC Board
has formal authority over the effort, but will appoint a nine-member Steering Committee to
provide direction and give recommendations.
Membership of Steering Committee
MCSC will work under direction of a nine member steering committee appointed by the LMC
Board of Directors. Members will serve three-year staggered terms, except to instigate the
staggered terms, initial steering committee members will each serve a one, two, or three year
term as determined by the LMC Board. The first year committee members will be: Lori Haak,
Water Resources Coordinator, Chanhassen (Chair); Jim Hafner, Stormwater Manager, Blaine;
Ross Bintner, Water Resources Engineer, Prior Lake; Bruce Westby, City Engineer, Monticello;
Bill Schluenz, Public Works Superintendent, Waite Park; Jeff Oliver, City Engineer, Golden
Valley; Terry Schultz, Director of Natural Resources, Burnsville; Andy Bradshaw, Civil
Engineer I, Moorhead; and Anne Weber, Civil Engineer, St. Paul.
Resources Provided
. MCSC participating cities will reimburse LMC for direct services and expenses such as
general administrative, Internet, and support staff services provided through LMC.
. MCSC participating cities will also reimburse LMC for the costs and expenses associated
with retaining the technical consultant for representation with regulatory agencies, member
advice, maintenance of guidance document, development of training, and input on
development of public educational materials
Maximum First Year Fee
The fee for the City of shall not exceed $ in
the first year of this agreement. Do not enclose payment at this time; your city will be invoiced
when total participation and actual fees are established.
1~
Letter of Understanding
Page 3
August 29,2006
LMC Limitations on Expenditures
LMC shall not authorize expenditure of funds for the MCSC beyond the amount that has been
paid by participating cities.
Term of A2;reement and Renewal
Term of agreement shall be September 1,2006 through August 31,2007.
LMC will invoice membership fees each August 1; the city will determine and notify LMC by
September 1 whether it intends to continue for the following year.
Agreed to on this date
by the City of
Authorized Signature
Date
Desi2;nation of Primary Contact for the City
Name
Mailing Address
Phone #
Fax #
E-mail Address
Please return completed document to:
Rebecca Erickson, League of Minnesota Cities
145 University Ave. W.
S1. Paul, MN 55103-2044
13
CENTENNIAL FIRE DISTRICT BUDGET 8/28/2006
2005 2006 2007 Change % Change
Actual Budget Budget
Personal Services
Salaried Positions 15,025 16,000 16,800 800 5.0%
Fire Calls 45,434 40,000 45,000 5,000 12.5%
Rescue Calls 60,644 42,000 50,000 8,000 19.0%
Training Calls 21 ,630 20,000 23,000 3,000 15.0%
Maintenance Drills 12,960 14,500 14,500 0 0.0%
Inspection Wages 54,018 55,775 58,000 2,225 4.0%
Part Time Inspection 0
Fire Prevention Wages 10,795 6,000 7,000 1,000 16.7%
Secretary 38,927 41,700 43,000 1,300 3.1%
Part Time Clerical 0
District Chief 80,101 82,400 84,875 2,475 3.0%
Payroll Taxes and Benefits 45,356 42,000 46,750 4,750 11.3%
Workers Comp Insurance 13,000 14,000 1,000 7.7%
Relief Association 23,500 24,000 24,500 500 2.1%
Supplies
Fuel and Lube 9,428 7,000 12,000 5,000 71.4%
Office Supplies and Printing 8,024 6,000 7,000 1,000 16.7%
Fire Prevention Supplies 5,267 3,000 3,000 0 0.0%
Cleaning Supplies and Services 7,909 8,000 8,000 0 0.0%
Medical Supplies 1,833 4,000 4,000 0 0.0%
Logistic Supplies 0 1,000 1,000 0 0.0%
Puchased Services
Vehicle Maintenance 59,816 35,000 40,000 5,000 14.3%
Other Maintenance 9,145 10,000 10,000 0 0.0%
Medical Physicals 8,697 3,000 3,000 0 0.0%
Accounting Services 5,075 4,000 10,000 6,000 150.0%
Legals 541 0 0 0
Other Expenditures
Uniforms 3,792 2,500 2,500 0 0.0%
Equipment 18,891 30,000 30,000 0 0.0%
Insurance 22,890 19,000 19,500 500 2.6%
Dues and Memberships 1,883 1,500 1,500 0 0.0%
800 mhz Fees 4,000 4,000 0 0.0%
Subscriptions 1,160 500 1,000 500 100.0%
Travel and Conferences/Schooll 25,218 12,000 12,000 0 0.0%
Telephone 9,367 9,000 9,500 500 5.6%
Utilities 21,760 22,000 24,000 2,000 9.1%
Breathing Air (76) 0
Common Area Charges 19,920 19,017 18,113 (904) -4.8%
Misc Expense Donated Funds 363
Miscellaneous 9,206
Contingency 2,000 13,610 11,610 580.5%
Total Operating 658,499 599,892 661,148 61,256
Capital Equipment 100000 100,000 100,000 0 0.0%
Total 758,499 699,892 761,148 61,256 8.8%
CentennialXlCentennial Budget 2007
#
Centennial Fire District
2007
Funding Formula
2007 Budget Centerville Circle Pines Lino Lakes Total
2001 Runs 111 188 542 841
2002 Runs 124 199 575 898
2003 Runs 126 220 587 933
2004 Runs 102 221 569 892
2005 Runs 134 253 622 1,009
Total 597 1,081 2,895 4,573
Five Year Average 119.40 216.20 579.00 914.60
Market Value per Anoka County 314,761,400 381,740,300 1,734,317,800 2,430,819,500
Market Value divided bv 1,000,000 314.76 381.74 1,734.32 2,430.82
Population per Met Council 3,848 5,072 19,698 28,618
Population divided bv 100 38.48 50.72 196.98 286.18
CALCULATION
Five Year Average of Runs 119.40 216.20 579.00 914.60
Market Value divided bv 1,000,000 314.76 381.74 1,734.32 2,430.82
Population divided bv 100 38.48 50.72 196.98 286.18
Total 472.64 648.66 2,510.30 3,631.60
Percentage of Total 13.0% 17.9% 69.1% 100.0%
2007 Budget 98,949 136,245 525,953 761,148
Centennial Fire
2007 Budget
Contribution by City
Centerville
13.0
Uno Lakes
69.1
Circle Pines
17.9
CentennialXl2006 Formula
~J/j
Centennial Fire District
2007
Funding Formula
2007 Budget
Centerville
Circle Pines
CentennialX/2OO6 Formula
Lino Lakes
Total
8/2812006
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11
PRELIMINARY DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into as of the Thirteenth day of September, 2006, by and between THE
CITY OF CENTERVILLE, MINNESOTA, as Minnesota public body corporate and politic, the ("City"), whose address is
1880 Main Street, Centerville, Minnesota 55014, and CENTERVILLE MAINSTREET, LLC. a Minnesota limited liability
corporation ("Developer") whose address is 750 Second Street N.E. Suite 100, Hopkins, Minnesota 55343.
BACKGROUND
WHEREAS, in the summer of 2005, the City of Centerville commissioned Damon Farber Associates to lead a
community task force to prepare a master plan, a set of design guidelines and zoning amendments for the
redevelopment of Downtown Centerville;
WHEREAS, on January 11,2006, The Master Plan and Development Guidelines (the "Master Plan"), a copy of
which is to be attached hereto as Exhibit A, were adopted by the City (the "Redevelopment Project"). The Master Plan
was established to provide an appropriate framework for the future redevelopment of Centerville's downtown as a vibrant
mixed-use destination
WHEREAS, pursuant to Minnesota Statues, Section 469.028 the City is authorized to establish Redevelopment
Projects in order to provide for the redevelopment of the City;
W HERAS, pursuant to Minnesota Statues, Section 469.176, the City is authorized to finance the capital and
administration costs of a Redevelopment Project with tax increment revenues derived from a tax increment financing
district established within such redevelopment project(s);
WHEREAS, among the major objectives of the City in establishing the Redevelopment Project and the Tax
Increment District are to: eradicate blight and blighting conditions within the City, enhance the tax base of the City,
provide decent, safe, and sanitary housing opportunities for the residents of the City, promote and secure the prompt
commercial development of certain real property located in the Redevelopment Project, which property is not now in
productive use or in its highest and best use, in a manner consistent with the City's Comprehensive Plan and with a
minimum adverse impact on the environment, and promote and create additional employment opportunities within the
City for residents of the City and the surrounding area, thereby improving living standards and reducing unemployment;
WHEREAS, as a part of the implementing the Master Plan, within the Redevelopment Project the City has
assem bled various properties owned by the City and acquired the right to obtain other properties within the
Redevelopment Project area; WHEREAS, at the August 9,2006, joint Centerville City Council and Planning Commission
work session, Developer presented its qualifications as developer for the Downtown Centerville Redevelopment Project.
After demonstrating the ability to develop commercial, retail, multifamily housing along with for-sale townhomes,
Developer was instructed to start working on a Development Agreement with the City Attorney and the City
Adm in istrator.
WHEREAS, the redevelopment of the Redevelopment Property, as provided herein would not be economically
feasible "but-for" the land assemblage achieved and public improvements to be financed by the City;
WHEREAS, the City believes that the redevelopment of the Redevelopment Project are in the vital and best
interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes
and provisions of applicable federal, state and local Jaws; and
WHEREAS, the purpose of this Agreement is to set forth the basic understandings between the parties with
respect to the development of portions of the area contained in the Master Plan, which are included in this Agreement
and which are described in Section 2 below, to provide the Developer with an exclusive period of time in which the
Developer and the City will negotiate a Redevelopment Agreement the terms and conditions of which will conform to the
principal outlines above:
NOW THEREFORE, in consideration of the premises and mutual obligations of the parties hereto, the receipt
and sufficiency of which is hereby acknowledged, each of them do hereby covenant and agree with the other as follows:
BASIC TERMS AND CONDITIONS
The following is a list of the terms and conditions under which the Developer will proceed on an exclusive basis
for the term of this Agreement to determine the economic feasibility of the Master Plan. If the Developer determines that
the Master Plan is economically feasible a definitive "Development Agreement" for the Project intended to define the
responsibilities and roles of the respective participants regarding the proposed Development of the "Project" would then
need to be negotiated between the City and the Developer.
1. Term. The term of this Agreement will be from the date listed above through December 31,2006. Said
exclusive period shall continue, unless earlier terminated as provided herein, or until such later date as
the parties may mutually agree.
2. Development Property. The "Development Property" known as "Downtown Centerville" is located
south and north of CSAH 14 - Main Street and east and west of CASH 21- Centerville Road. The
Development Property is bounded on the north by the one block area north of CSAH 14, on the west by
Goiffon Road and the east property line of St. Genevieve Church, on the south by the area
approximately half a block south of Heritage Street, and on the east by the area one block east of
Progress Street. The exact dim ens ions and square footage of the Project shall be determ ined by
survey. The parties agree that the "Site" may be enlarged to include other lands at the mutual
agreement of the parties.
3. Undertaking and Exclusive Rights. In consideration of the time, effort and expenses to be incurred by
Developer in pursuing the undertakings set forth herein and in further consideration of the amount of
$1.00 paid to the City, the receipt of which is hereby acknowledged, the City hereby agrees that for the
term of this agreement it shall not: (i.) solicit requests from any third party for development of the Master
Plan; and (iL) provide or enter into an agreement for provision of financial assistance to any third party in
connection with any proposed development of the Master Plan (except as related to the CSAH 14
project). During such period the Developer shall have the exclusive right to work with the City in
determining the economic feasibility of the Master Plan pursuant to Section Bof this Agreement. The
above notwithstanding the City recognizes that any development proposals or applications on property
not owned or controlled by the City do not extend to this Agreement and will be excepted.
4. The Project. The project will consist of the Development of the properties set forth in Exhibit B and may
include, but not be limited to, the development of new office, retail, apartments, senior cooperatives,
townhomes and condominiums, and the relocation of certain existing businesses within the proposed
site. The relocation and redesign of several streets. The Master Plan is intended to serve as part of the
system of pedestrian networks to link neighborhoods to each other and connect them to parks, and the
regional trail systems.
5. Public Assistance. In order to achieve the foregoing multi-use "Development," it is anticipated that the
definitive Development Agreement will contain provisions addressing a variety of forms of public
assistance that may be necessary in order to accomplish the Development. Although no commitment is
presently being made to provide any form of public assistance, examples of public assistance which
may be ultimately be agreed upon may include, but are not limited to, the following:
a. Site Assembly & land Write-Down. The City may consider acquisition of some or all of the
Development Property based upon terms and conditions contained in the Development contract.
Acquisition may be through negotiated purchase, or, after a good faith effort to acquire the site,
condemnation or a combination. Acquired properties mmay be conveyed to the Developer at a
write-down, subject to all of the applicable provisions of law. The write-down price may take into
consideration any pending or levied special assessments. The difference between the City's
assembly costs and the sale price may be paid to the Developer out of Project tax increment.
2
b. Grants. The City, as well as other outside sources such as Department of Employment and
Economic Development (DEED) and the Metropolitan Council will be requested to provide grants
and/or loans in the form of cash to perm it the Developer to redevelop the Project. The City will
cooperate with and support the Developer in any efforts to secure grants or similar funding. The use
of any grant(s) and the amount of such grant(s) will not be known until the exact scope and
anticipated use of the Project are finally determined and established, and the availability of certain
types of grants, and a definitive budget for the Development Project are established. The parties
will need to agree on how to address these matters prior to execution of any Development contract.
c. Capital Improvement Financing. The City will issue bonds for specific capital improvements. MN
Statutes Section 475 (The CIP Act) allows the City to issues bonds for the purpose of a city hall,
public safety facility, and public works facility. An improvement must have an expected useful life of
five (5) years or more to qualify. Only public safety, public works facilities, and City Hall facilities
may be financed with general obligation bonds under the CIP Act. Other capital improvements
within the Master Plan may be financed with special assessment bonds under MN Statues Chapter
429.
d. Tax Increment Financing. The City, must establish a tax increment financing district to support
the Development Project; and agrees to give due consideration to any such request.
e. Debt. The City may be asked to provide certain loans to the Developer to support the Development
Project. Any agreement by the City to make such loans will be subject to the absolute discretion of
the City and will also depend upon a clearly available source of funding, and appropriate security.
6. Developer's Proposed Use, Minimum Improvements. The minimum improvements will be made
pursuant to plans, which are acceptable to and approved by the City as part of the final Development
agreement. The minimum improvements will be substantially consistent with the Downtown Centerville
Master Plan & Development Guidelines (Dated January 4,2006), incorporated herein by reference.
7. Ownership. It is expected that the final Development proposal will provide that the retail, office, and the
rental housing portion of the Project will be owned by the Developer or its assignees, and that certain
condominiums, senior cooperatives, townhomes, or single family home sites will be sold by the
Developer or its assignee to others.
8. Contemplated Development Schedule. The estimated timeframes for all phases of the
Redevelopment Project are as follows:
3
PHASE I - ESTIMATED TIMEFRAMES (Buildings A, B, E & Townhomes)
City Approval and Development AQreement All BuildinQs
Preliminary Architectural and EnQineerinQ Plans (BuildinQs A, B, E and Townhomes) All BuildinQs
FinancinQ of Apartments HUD 221 - D4 Loan Submittal BuildinQ A
TIF Note Finalized All BuildinQs
Site Acquisitions All BuildinQs
Final Architectural and EnQineerinQ DrawinQs Completed - Townhomes Townhomes
Demolition! Site Prep All Buildings
Construction Start - Townhomes Townhomes
Application for Allocation of Section 42 Tax Credits BuildinQ E
Final Architectural and EnQineerinQ DrawinQs Completed - BuildinQ A, B & E BuildinQs A, B & E
Allocation Award of Section 42 Tax Credits BuildinQ E
FinancinQ of Apartments HUD 221 - D4 Loan Closing Building A
Construction Start - BuildinQ A, B & E Buildings A, B & E
Construction Completion - Townhomes Townhomes
Construction Completion - BuildinQ A & B Buildings A, B & E
Final Sales - Townhomes Townhomes
Final Lease Up - Apartment Units Buildings A & E
Final Lease Up - Commercial! Retail Buildings A (1st Floor) & B
Estimated Timeframes Continued on Page 4
PHASE II - ESTIMATED TIMEFRAMES (Building C)
City Approval and Development Agreement
Preliminary Architectural and EngineerinQ Plans
TIF Note Finalized
Site Acquisitions
Final Architectural and EnQineerinQ DrawinQs Completed
Demolition! Site Prep
FinancinQ of Apartments HUD 221 - D4 Loan Submittal
Financing of Apartments HUD 221 - D4 Loan Closing
Construction Start - Building C
Construction Completion
Final Lease up Apartments and Professional Office Space
Building C
Building C
Building C
Building C
Building C
Building C
BuildinQ C
Building C
Building C
Building C
BuildinQ C (1 st Floor)
PHASE III - ESTIMATED TIMEFRAMES (Building F - Senior Cooperative)
City Approval and Development Agreement
Preliminary Architectural and Engineering Plans
TIF Note Finalized
Site Acquisitions - Under Contract
Financing of Cooperative - HUD Loan Application Submittal
Final Architectural and Engineering Drawings Completed - Senior Cooperative
Sales Trailer for Senior Cooperative Open
10 Months for 50% Pre-sales on Cooperative
Financing of Cooperative - HUD Loan Application Finalized and Closing
Demolition! Site Prep
Construction Start
Construction Completion
Final Sales of Cooperative Units
Building F
Building F
Building F
Building F
Building F
Building F
Building F
Building F
Building F
Building F
Building F
Building F
Building F
4
December 30, 2006
December 30, 2006
February 1, 2007
February 15, 2007
April 30, 2007
May 30, 2007
June 30, 2007
July 1, 2007
July 1, 2007
September 1, 2007
October 15, 2007
March 1, 2008
March 1, 2008
August 1, 2008
November 1 , 2008
March 1, 2009
June 1, 2009
March 1,2010
June 15, 2009
January 31,2010
January 31,2010
June 1 ,2010
May 15, 2010
July 30,2010
July 30,2010
August 1, 2011
August 1, 2011
August 30,2012
April 1, 2013
AUQust 15, 2011
AUQust 15, 2011
October 30, 2011
January 30,2012
January 30, 2012
January 30,2012
March 1,2012
December 30,2012
December 30, 2012
February 1, 2013
April 30, 2013
May 30, 2014
October 30, 2014
PHASE IV- ESTIMATED TIMEFRAMES (Buildings I & J)
City Approvals, Development Agreement and TIF Note Finalized
Preliminary Architectural and Engineering Drawings
Final Architectural and Engineering Drawings
Financing - Conventional
Site Acquisitions I Transfer to Developer
Sales Trailer Open
12 Months for 50% Pre-sales
Construction Start (Both Buildings E & F)
Construction Completion
Final Lease-up I Sale
Buildings I & J
Buildings I & J
Buildings I & J
Buildings I & J
Buildings I & J
Buildings I & J
Buildings I & J
Buildings I & J
Buildings I & J
Buildings I & J
April 30, 2013
April 30, 2013
August 30, 2013
October 15, 2013
December 30,2013
March 1 ,2014
March 30, 2015
April 1, 2015
April 30,2015
December 30,2015
Schedule assumes that portions may be constructed in phases and various steps within the Development schedule may
overlap or run concurrent.
5
Phases Shown - Redevelopment Area:
9. Final Report. Prior to the expiration of the preliminary exclusive period (December 31,2006) the
Developer will deliver to the City the results of its feasibility study. In addition to the Developer's
concepts and inclusions, the Final Report shall also include the following specifications requested by the
City:
a. Submit to the City a design proposal to be approved by the City showing the location, size and
nature of the proposed Development, including floor layouts, renderings, elevations and nature of
the proposed Development. The Development shall be designed to accommodate public facilities to
be constructed to, or as part of the Project, including the public facilities contained in the
Development Plan for the Project Area.
6
b. Subm it an overall cost estimate for the design and construction of the Development.
c. Undertake and obtain preliminary economic information as the Developer may desire to further
confirm the economic feasibility and soundness of the Development.
d. Submit to the City the Developer's financial plan showing that the proposed Development is
feasible.
e. Furnish satisfactory financial data to the City evidencing Developer's ability to undertake the
Developm ent.
f. Plan for accommodation of existing businesses and displaced residents during construction phases.
10. Additional City Considerations or Community Work. It is expected that the Development Contract
will address the following items which the parties acknowledge may be material to the Project:
a. creation of a tax increment financing districts, and determination of the portion of tax increment
which will be made available to the Developer;
b. the acquisition of all or part of the Development Property by direct purchase or condemnation, on
such terms and conditions acceptable to the City and as determined by the City in its sole and
absolute discretion;
c. Phase I and, if requested, Phase II environmental assessment;
d. wetland delineation reports;
e. remediation of any environmental condition on the Property, prior to conveyance;
f. zoning modifications;
g. title commitment(s), for the Development Property;
h. soil test results;
i. AL TA 1997 survey, including all Table A optional requirements Nos. 1 through 16 inclusive;
j. reciprocal operating and easem ent agreem ents to provide the necessary access to perm it
construction of the Project, and to coordinate and facilitate vehicular and pedestrian ingress and
egress to the Project and the joint use, maintenance and repair of all Project common areas, utilities
and parking lots;
k. streetscape im provements on public streets consistent with the Master Plan and approved by the
Developer; and
I. infrastructure (including but not lim ited to utilities, water, sanitary and storm sewer) necessary to
support the Project.
11. Termination. This agreement may be terminated by the City upon giving written notice to the
Developer that the Developer is not diligently pursing or that the Developer is pursuing issues which are
not in the best interest or desire of the City. Developer shall have a reasonable time, but in no event
less than 30 days to affect a cure of such default, or to demonstrate that it is diligently pursuing such
cure.
7
12. Legislative Judgment. Developer understands that many of the actions which the City may be called upon
to take require its reasonable discretion, and in some instances, its legislative judgment. Such actions
may only be made following established procedures and law.
13. Affiliated Parties. The City acknowledges that the Developer may assign any or all of its duties hereunder
to another entity, which is controlled by William H. Beard, Thomas Gump, Ronald Mehl and Paul Gamst.
The City also acknowledges that William H. Beard and Paul Gamst are both owners of the Developer
and are licensed real estate brokers in the State of Minnesota. The Beard Group, Inc. is a licensed real
estate brokerage firm. Said entity or individuals may be entitled to real estate commissions and/or
development fees arising out of the foregoing transactions. Prior to assignment of any duties under this
Agreement the Developer must so notify the City and identify the assignee. Assignment of the duties
hereunder is subject to approval by the City which shall not be unreasonably withheld.
14. No Promise To Award Development Contract & Intellectual Property Rights. Nothing in this Agreement
nor due to the working relationship between the parties creates a prom ise that the Developer or its
assignees will be awarded any future contract or rights by the City. The purpose of this Agreement and
its limited grant of exclusivity is for the parties to evaluate a potential development agreement to enact
the vision contained in the Downtown Centerville Master Plan. The Developer is not required to continue
in any respect after the term of this Agreement has expired. Likewise, the City is not required to award
the Developer a contract or right to continue after the term of this Agreement has expired. The City has
the right to accept or reject any proposals made by the Developer. In the event that the Developer or its
assignees are not chosen to proceed forward with this project the City has the right to use any
intellectual property, ideas, research, or other information developed as a result of this Agreement or as
a product of the relationship between these parties.
15. Notices. All communications shall be directed to Developer at the address listed above with copies to:
Centerville Mainstreet, LLC
c/o: The Beard Group, Inc.
750 Second Street N.E. Suite 100
Hopkins, Minnesota 55343
Attn: Thomas A. Gump, Esquire
Telephone (952) 930-0630
Facsimile (952) 930-0631
Attorney for the Developer:
Frank B. Bennett, Esquire
Lindquist & Vennum, P .L.L.P.
4200 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
Telephone: (612) 371-3931
Facsimile: (612) 371-3207
All communications shall be directed to the City at the address listed above with a copy to:
City of Centerville
c/o: City Administrator
1880 Main Street
Centerville, Minnesota 55038
Telephone: (651) 429-3232
Facsimile: (651) 3249-8629
8
Attorney for the City:
Kurt B. Glaser, Esquire
Burstein Glaser
610 Butler North Building
510 1st Avenue North
Minneapolis, Minnesota 55403
Telephone: (612) 333-6513
Facsimile: (612) 333-3821
IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the date and year first above written.
CENTERVILLE MAINSTREET, LLC
CITY OF CENTERVILLE
By:
By:
William H. Beard, Chief Manager
Its:
Exhibits:
"A"
"S"
Downtown Centerville Master Plan, dated January 4, 2006
The Development Properties: Property List with Parcel Identification Numbers (Anoka County)
9
Exhibit A
Downtown Centerville Master Plan,
dated January 4, 2006
Downtown CentervlJJe Master Plan
10
Exhibit B
The Development Properties: Property List
ANOKA
COUNTY PID#
OWNER
ADDRESS
CITY, STATE & ZIP
233122210022 IND SCHOOL DISTRICT #12 4707 NORTH RD CIRCLE PINES MN 55014-0000
233122210023 IND SCHOOL DISTRICT #12 NO ADDRESS CIRCLE PINES MN 55014-0000
233122210024 MAGILL PROPERTIES INC 7709 20TH AVE N L1NO LAKES MN 55038-0000
233122210025 STEFFEL PAUL H 1709 MAIN ST CENTERVILLE MN 55038-0000
233122210028 UNDERWOOD SCOTT 211 BIRCH ST WHITE BEAR LAKE MN 55110
233122210051 SCHEIBLAUER PAMELA R 1737 MAIN ST HUGO MN 55038-0000
HELMBRECHT JERRY T & MARY
233122210052 JO 1745 MAIN ST CENTERVILLE MN 55038-0000
233122210055 OPP DONALD W & MYRNA D 1554 HOLL Y DR HUGO MN 55038-0000
233122210056 GNADKE RANDY J & HEIDI F 1751 MAIN ST CENTERVILLE MN 55038-0000
233122220004 SHEPPARD ROBERT & SUSAN 1695 MAIN ST HUGO MN 55038-0000
233122220005 SHEERAN ROBERT B 1691 MAIN ST CENTERVILLE MN 55038-0000
233122220008 BRILOWSKI MARK G & WENDY K 7124 MAIN ST CENTERVILLE MN 55038-0000
233122220009 ANOKA COUNTY OF 325 E MAIN ST ANOKA MN 55303-0000
233122220010 COUNTY OF ANOKA 325 E MAIN ST ANOKA MN 55303-0000
233122220011 ANOKA COUNTY OF 325 E MAIN ST ANOKA MN 55303-0000
233122220015 CAMP PATRICIA R 7121 CENTERVILLE RD CENTERVILLE MN 55038-0000
233122220016 CAMP-BARON PATRICIA R 7121 CENTERVILLE RD CENTERVILLE MN 55038-0000
233122230005 CENTERVILLE CITY OF 1694 SOREL ST CENTERVILLE MN 55038-0000
233122230006 CENTERVILLE CITY OF 1694 SOREL ST CENTERVILLE MN 55038-0000
233122230008 CENTERVILLE CITY OF 1880 MAIN ST CENTERVILLE MN 55038-0000
233122230009 CENTERVILLE CITY OF 1694 SOREL ST CENTERVILLE MN 55038-0000
233122230010 CENTERVILLE CITY OF 1880 MAIN ST CENTERVILLE MN 55038-0000
233122230011 MARSHALL ERICK 1580 SOREL ST CENTERVILLE MN 55038-0000
233122230012 EDBERG REBECCA A 1680 SOREL ST CENTERVILLE MN 55038-0000
233122230013 BURKE PAUL 1683 LAKELAND CIRCLE CENTERVILLE MN 55038-0000
233122230014 CENTERVILLE CITY OF 1694 SOREL ST CENTERVILLE MN 55038-0000
233122230015 David Kilian 1695 SOREL ST CENTERVILLE MN 55038-0000
233122230016 LINDSAY JULIE A 1687 SOREL ST CENTERVILLE MN 55038-0000
233122230017 M & M ENDEAVORS LLC 21195 IVERSON AVE N FOREST LAKE MN 55025-0000
233122230018 KNABE ROBERT C PO BOX 304 HUGO MN 55038-0304
233122230019 M & M ENDEAVORS LLC 21195 IVERSON AVE N FOREST LAKE MN 55025-0000
233122230021 CARPENTER COLLEEN 6885 20TH AVE S CENTERVILLE MN 55038-0000
233122230022 CARPENTER COLLEEN 6885 20TH AVE S CENTERVILLE MN 55038-0000
233122230023 CHURCH OF ST GENEVIEVE 7087 GOIFFON ST CENTERVILLE MN 55014-0000
233122230046 DESPEN PETER M 1688 HERITAGE ST CENTERVILLE MN 55038-0000
233122230047 BROWN DAVID 7045 CENTERVILLE RD CENTERVILLE MN 55038-0000
233122230048 HIGHLAND CHRISTINE 1680 HERITAGE ST CENTERVILLE MN 55038-0000
233122240038 GAINSLEY MARGARET 1724 HERITAGE ST CENTERVILLE MN 55038-0000
233122240004 BUSSE RICHARD 0 JR 1748 HERITAGE ST HUGO MN 55038-0000
233122240005 HENSEL LEO W & MARGARET M 1744 HERITAGE ST CENTERVILLE MN 55038-0000
11
ANOKA
COUNTY PID#
OWNER
ADDRESS
CITY, STATE & ZIP
233122240009 FERWERDA JONATHAN M 1716 HERITAGE ST CENTERVILLE MN 55038-0000
233122240010 RIVARD HAROLD L & ANGELA M 7046 CENTERVILLE RD HUGO MN 55038-0000
233122240038 GAINSLEY MARGARET 1724 HERITAGE ST CENTERVILLE MN 55038-0000
233122240039 GAINSLEY MARGARET 1724 HERITAGE ST CENTERVILLE MN 55038-0000
233122240012 NEISIUS THOMAS J 7048 PROGRESS RD HUGO MN 55038-0000
233122240013 MCKAY CURTIS L & RHONDA J 1749 HERITAGE ST CENTERVILLE MN 55038-0000
MORAVEC GARY M & MICHELLE
233122240014 A 1745 HERITAGE ST HUGO MN 55038-0000
ANDERSON MARGARET A &
233122240015 PAULA 7072 PROGRESS RD CENTERVILLE MN 55038-0000
ANDERSON PAUL A &
233122240016 MARGARET A 7072 PROGRESS RD HUGO MN 55038-0000
233122240025 MONTAIN PAUL 6510 CENTERVILLE ROAD CENTERVILLE MN 55038-0000
233122240026 RIVARD MARCEL H 7026 CENTERVILLE RD #103 CENTERVILLE MN 55038-0000
233122240027 NOBLE WELDING 7075 21ST AVE SO CENTERVILLE MN 55038-0000
233122240028 WJB ENTERPRISES INC 7098 CENTERVILLE RD CENTERVILLE MN 55038-0000
233122240029 WJB ENTERPRISES INC 7098 CENTERVILLE RD CENTERVILLE MN 55038-0000
233122240030 BISEK WILLIAM J 7098 CENTERVILLE RD CENTERVILLE MN 55038-0000
233122240040 MONTAIN PAUL D 6510 CENTERVILLE ROAD HUGO MN 55038-0000
233122240041 MONTAIN PAUL D 7082 CENTERVILLE RD CENTERVILLE MN 55038-0000
233122240031 GOETZ GINA M 1721 HERITAGE ST CENTERVILLE MN 55038-0000
233122240032 KINNING RICHARD W 7059 PROGRESS RD HUGO MN 55038-0000
233122240033 KING STEVEN D & DONNA K 1724 SOREL ST HUGO MN 55038-0000
233122240034 FISHER DAVID D 7072 CENTERVILLE RD HUGO MN 55038-0000
233122240035 SMITH JAMES H 1629 PEL TIER LAKE DR HUGO MN 55038-0000
233122240036 BELDEN JOHN C & JULIANNE M 7056 CENTERVILLE RD HUGO MN 55038-0000
233122240043 PIERSIAK THOMAS R 7096 PROGRESS RD CENTERVILLE MN 55038-0000
233122240044 HILLMAN M R & REHBEIN C J 7086 PROGRESS RD CENTERVILLE MN 55038-0000
SUGDEN CHRISTOPHER &
233122240045 JENNIFER 7082 PROGRESS RD CENTERVILLE MN 55038-0000
233122240134 MILLS MYRA G 1744 MAIN ST CENTERVILLE MN 55038-0000
233122240020 MENSCH MARY 1742 MAIN ST CENTERVILLE MN 55038-0000
233122240021 MAROIS JON 1740 MAIN ST CENTERVILLE MN 55038-0000
233122220003 LALONDE WILLIAMS 1687 WESTVIEW ST CENTERVILLE MN 55038-0000
233122210013 DUPRE THOMAS J 1781 MAIN ST CENTERVILLE MN 55038-0000
233122220008 BRILOWSKI MARK G & WENDY K 7124 MAIN ST CENTERVILLE MN 55038-0000
233122220015 CAMP PATRICIA R 7121 CENTERVILLE RD CENTERVILLE MN 55038-0000
233122220016 CAMP - BARON PATRICIA R Unassiqned Status CENTERVILLE MN 55038-0000
233122220018 PJ BURKE INVESTMENTS LLC 7105 MAIN ST CENTERVILLE MN 55038-0000
23312222019 ANOKA COUNTY Unassianed Status ANOKA MN 55303-0000
12
CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
ORDINANCE#_
SECOND SERIES
AN ORDINANCE AMENDING CHAPTER 152 OF THE
CENTERVILLE CITY CODE BY MODIFYING CHANGING REGULATIONS TO
PERMIT AREA IDENTIFICATION SIGNS IN RESIDENTIAL DISTRICTS
THE CITY OF CENTERVILLE ORDAINS:
Section 1. Code Section 152.18 shall be amended by adding a section 152.18, (A) (5) to
read as follows:
(5) Area Identification Signs. One area identification sign is permitted in conjunction with a
development or subdivision, however the sign shall not exceed 48 square feet in area and 8 feet
in height and shall only be permitted when a homeowner association or other responsible entity
has been established that agrees in writing to maintain the sign.
Section 2. Effective Date. This ordinance shall be effective immediately upon its passage
and publication according to law.
PASSED AND DULY ADOPTED this
Council of the City ofCenterville.
day of
, 2006 by the City
CITY OF CENTERVILLE
BY:
Mary Capra, Mayor
ATTEST:
Teresa Bender, City Clerk
1
MEMO
TO:
Honorable Mayor & City Council Members
FROM:
Kim Stephan
SUBJECT: Potentially Dangerous Dog
DATE:
September 5, 2006
Mr. John Roloff, previously residing at 1742 Ojibway Drive, provided the City with his
new address, as well as the address where his dog Bandit now resides. Mr. Roloff moved
from Centerville on August 30, 2006 and Bandit moved to his new home with an elderly
couple on August 22, 2006. Mr. Roloff would like Council to know Bandit is 3 years
old and was raised from a puppy by Mr. Roloff and his wife Betty, both disabled. Betty
Roloff passed away in December 2005. Bandit has done well with elderly; disabled
people, as well as nurses, aides, cleaning people, police and firemen who have been in
and out of Mr. Roloff's house for medical emergencies. Bandit is currently residing with
Mr. & Mrs. Earl Besaw, but Mr. Besaw is 86 years old and currently in the hospital. Mr.
Roloff is looking for another home for Bandit or considering putting him to sleep and
will keep the City informed. Addresses are as follows:
Mr. John Roloff
Redwood Terrace Apartments
9950 Redwood Street Apt# 202
Coon Rapids, MN
Mr. Earl Besaw
11845 Aberdeen Street NE
Blaine, MN 55449
Phone: 763-767-7492
CITIES AND COUNTIES
LEGAL UPDATE
Ratwik, Roszak & Maloney; l?A.
Attorneys at Law
300 u.s. Tn/st Bllilding
730 Second Avenlle South
Minneapolis, Minnesota 55402
(612) 339-0060
FAX (612) 339-0038
lVww.ratwiklaw.com
JlIly 2006
2006 LEGISLATIVE SESSION BRINGS
CHANGES TO TORT LIABILITY LAWS
By Margaret A. Skelton
& Sonya J. Guggemos
Prior to last summer, municipalities
participating in a joint powers
agreement believed that they had
formed a distinct governmental
entity. Despite the number
of municipalities involved,
municipalities believed that the
joint enterprise was subject to only
Margaret A. Skelton one tort liability cap. Further,
unless the governmental units
had expressly agreed to do so, the
governmental units believed that
they would not be held liable for the
negligent acts of other governmental
units who participated in the joint
venture. These understandings
gave municipalities some measure
of comfort in making the decision
to become part of a joint powers entilY, The United
States Court of Appeals for the Eighth Circuit decision
in the case of Reimer v. City of Crookston, et a\., 421
F.3d 673 (8th Cir. 2005), shattered this perception by
significantly reinterpreting the way that liability was
assigned to municipalities participating in a joint powers
agreement or other joint ventures.
The 2006 legislature effectively overturned Reimer
and the new law will again encourage municipalities to
work together.
Background
In the Reimer case, a repairman had been injured
when a valve for a swimming pool boiler he was
working on broke off The water and steam released by
the broken valve severely burned the repairman. The
swimming pool was operated under a Joint Recreation
continued on page 2
U.S. SUPREME COURT RULES NO FIRST
AMENDMENT PROTECTION FOR
PUBLIC EMPLOYEE SPEECH MADE
PURSUANT TO OFFICIAL DUTIES
By Ann R. Goering
The United Stares Supreme
Court ruled on May 30, 2006
that a prosecutor informing his
supervisor of his concerns regarding
proceeding with a pending criminal
case did not constitute protected
speech for the purposes of the First
Amendment.
In Garcetti. et a\. v. Ceballos, deputy district attorney
Ceballos raised concerns in a memo to his supervisor and
in a meeting with employees of both the prosecutor's office
and sheriff's department regarding possible inaccuracies
in an affidavit used to secure a search warrant. Ceballos
recommended dismissal of the case, a proposal which
his supervisor disregarded. Ceballos was subsequently
reassigned to other duries, uansfcrred to another posirion
and denied a promotion. He brought suit alleging
retaliation for exercising his First Amendment right to
speak on a matter of public concern.
The trial court granted the defendants' morion for
summary judgment, dismissing the case on the grounds
that Ceballos wrote the memo pursuant to his job duties
and that therefore he was not entitled to constitutional
protections for the content of the speech contained in the
memo.
The Ninth Circuit Court of Appeals reversed,
holding that the allegations of wrongdoing contained
in the memo constituted protected speech. Defendants
appealed and the United States Supreme Court sided with
the trial court and the defendants.
The Court distinguished the facts in Garcetti from
Pickering v. Board of Ed. Township High School Distr.
205. Will Cty., 391 U.S. 563 (1968) one of its previous
major cases addressing free speech rights in the workplace.
Ann R. Goering
continued on page 3
2006 LEGISLATIVE SESSION, continued
and Education Board established by a joint powers
agreement between the City of Crookston and the
Crookston School District. The School District made
arrangements for the boiler maintenance and under the
joint powers agreement, the School District bore the
cost of the boiler checks. After protracted litigation,
a federal district court jury awarded over $12 million
dollars in damages to Mr. Reimer and his wife. The
damages, however, were awarded only against the
School District. The jury found that because the
School District owned and operated the boiler that
caused the injury, it alone was responsible for the
damages award.
Although-theimJ-awarded millions of dollars in
damages, due to the statutory cap on tort liability for
government entities, Mr. Reimer could only collect
$300,000 from the School District. Minnesota Statute
~466.04, subdivision 4 limits a municipality's liability
for damages in a single tort claim to $300,000 (a tort
is an act, other than a breach of contract, that injures
someone in some way, and for which the injured person
may sue the wrongdoer for damages).
Mr. Reimer appealed. In the appeal, he did not
argue that the Ciry of Crookston was negligent or
that the City was in any manner responsible for Mr.
Reimer's injuries. Instead, he argued that the City
and the School District, as collaborators in a joint
enterptise (the Joint Recreation and Education Board),
were jointly liable for damages arising out of the joint
enterprise. In essence, Mr. Reimer sought to collect
the statutory cap amount of $300,000 from the City,
along with the statutory cap amount of $300,000 from
the School District. Contrary to many expectations,
the Eighth Circuit Court of Appeals agreed with the
plaintiffs, Mr. Reimer and his wife.
The GoULt of Appeals foumlthat eaclL.p.ar.ty_tQ
a joint enterprise or venture remains jointly liable for
the acts of their co-parties. The Court found that the
City was liable by virtue of its participation in the
joint enterprise with the School District. The Court
found that although the School District was the actual
operator of the boiler, the City and the School District
both had the legal right to control the boiler. The Court
held that it was the right of control, rather than the
exercise of control that determined liability.
Additionally, the Court found that Minnesota
law was unsettled regarding the characterization of
a joint powers board for the purpose of assigning
liability to its members. The City had argued that the
Joint Recreation and Education Board was a separate
municipal entity and subject to only one statutory cap
of $300,000. Upon review, the Court reasoned that if
the member entities of a joint powers board could be
held jointly responsible for their liabilities, then the joint
powers board was not a separate, limited liability entity.
As such, the Court held that the plaintiffs could collect
from both the City and the School District, thus allowing
plaintiffs to stack liability caps and receive $600,000.
The Eighth Circuit's decision caused significant
concern among municipalities. Due to the increased
liability exposure, the case created a disincentive for
governmental units to work together on joint projects.
Legislation supported by the Association of Minnesota
Counties, the League of Minnesota Cities, the Minnesota
School Boards Association and others was enacted as a
reaction to the Reimer decision.
Statutory Changes to Joint Powers Liability
Beginning May 25,2006, new legislation effectively
overrides the Eighth Circuit's opinion in Reimer. The
statute returned the present law to what previously
had been presumed to be the law-prior to the Reimer
decision. The Minnesota Legislature added a new
subdivision to Minnesota Statute Section 471.59 to
define the extent of liability for a government entity
participating in a joint venture or joint enterprise,
including participation in a joint powers agreement.
Pursuant to the new law, a municipality participating
in a joint venture or joint enterprise, including a joint
powers agreement, may not be held liable for the acts or
omissions of another participating government entity.
Liability will only attach where the municipality has
agreed in writing to be responsible for the actions or
inactions of another participating governmental entity.
The new law also resolves the issue of stacking liability
caps. Minnesota Statute Section 471.59, subdivision
1 a, specifically provides that for purposes of determining
totalJiabilitJr- fQLdamages. ~ovefRrn~ntal entities
participating in a joint venture or enterprise like a
joint powers board are to be considered a single unit.
Accordingly, the total liability for the participating
governmental units and the joint board as a whole may
not exceed the liability cap for a single governmental
unit (unless waived or extended by the joint board or
all participating government entities). I Under current
liability caps, this limits a single plaintiff's recovery to
$300,000, no matter how many governmental units are
participating in a joint enterprise.
Municipalities should be particularly aware of one
aspect of the new law. If a government unit procures
insurance for participation in the joint venture which
is in excess of the tort liability caps, the procurement of
lit must be noted, however. that this limited liability docs not protect an individual
govcrnmemaJ entity from liability for its own independent acts or omissions that
are not directly related (Q the joint activity.
continued on page 3
2
2006 LEGISLATIVE SESSION, continlled
that insurance waives the limits of governmental liability.
The tort liability limits are waived to the extent that
collectible insurance exceeds the tort liability limits.
Increases to the TOrt Liability Caps
In addition to clarifying the liability of joint
powers entities, the Legislature phased in increases to
the tort liability caps themselves. The limits had not
been increased for ten years. Currently, the liability
cap is statutorily set at $300,000 per individual claim
and to $1,000,000 for all claims arising out of a single
occurrence.
Under the new law, the cap per individual claim will
increase to $400,000 and the cap for all claims arising
out of a single occurrence to $1,200,000. The increase
will be effective for claims arising on or after January 1,
2008, but before July 1,2009. These caps will increase
again on July 1, 2009 to the limits of $500,000 and
$1,500,000 respectively.
The delayed implementation to January 1, 2008,
and the staggered increase in the tort liability caps will
allow government entities covered by these caps to
increase their insurance coverage gradually up to the
new stanltory amounts. Municipalities will want to
review their insurance coverage and increase as necessary
in accordance with the effective dates. A municipality
that fails to have insurance meeting these statutory caps
on their effective dates could expose itself to additional
out-of-pocket costs in the event of a successful lawsuit.
Notwithstanding this, municipalities should keep in
mind that procuring additional insurance coverage prior
to the effective dates could expand its liability to the
limits of the increased coverage.
FIRST AMENDMENT, continlled
In Pickering a teacher wrote a letter to a local newspaper
regarding funding policies of the school district. The Court
analyzed that case under a two-parr inquiry: 1) whether the
employee was speaking as a citizen on a matter of public
concern; and 2) if so, did the speech adversely impact the
governmental entity's operation. The Pickering Court
concluded that the teacher had been speaking as a citizen
on a matter of public concern in writing the letter, therefore
implicating First Amendment protections.
While recognizing rhat public employees have the
right to protection when speaking as citizens on matters
of public concern, the Court found that the controlling
factor was that Ceballos wrote his memo pursuant to the
duties of his position as a prosecutor. The Court held
that when public employees make statements pursuant
to their official duties they are not speaking as citizens for
First Amendment purposes and the Constitution does
not insulate them from discipline by their employers.
Ceballos was being paid to perform work and was
acting as a government employee when he engaged in
the conduct in question. His supervisors had the right
to evaluate his performance of those duties, even if those
duties required him to express opinions. "Supervisors
must ensure that their employees' official communications
are accurate and, demonstrate sound judgment and
promote the employer's mission." Ceballos. Thus, when
the employee's actions are inflammatory or misguided,
the employer has the authority to take corrective action
without the First Amendment being implicated. The
Court contrasted this holding from Pickering where the
employee's speech was not in the course of the employee's
official duties and bore no official significance.
The Supreme Court went on to note, however, that
formal job descriptions often bear little resemblance
to the duties an employee actually performs and that
therefore, employers may not restrict an employee's First
Amendment rights by drafting excessively broad job
descriptions. The inquiry will rest on what duties the
employee actually performs in determining whether First
Amendment protections attach.
Whistleblower Protections Still In Effect
Despite the holding in Ceballos, the Minnesota
Whistleblower Act, Minnesota Statutes Section 181.932
still protects employees, including public employees,
who speak out regarding certain matters occurring in
the workplace. In fact, Justice Kennedy, writing for the
majority in Ceballos, specifically recognized the existence
of whistleblower statutes as a course of action available to
those seeking to expose governmental wrongdoing.
The Minnesota WhisdebluwCLAc[prohibits an
employer from discharging, disciplining, threatening,
otherwise discriminating against, or penalizing an
employee regarding the employee's compensation,
terms, conditions, location, or privileges of employment
because:
(a) the employee, or a person acting on behalf of an
employee, in good faith, reports a violation or
suspected violation of any federal or state law or
rule adopted pursuant to law to an employer or
to any governmental body or law enforcement
official;
(b) the employee is requested by a public body or
office to participate in an investigation, hearing,
mqUlry;
(c) the employee refuses an employer's order to perform
an action that the employee has an objective basis
in fact to believe violates any state or federal law
contillued 011 page 4
3
Ratwik, Roszak & Maloney; EA.
Attorneys at Law
300 US. Tntst Building
730 Second Avenue South
Minneapolis. Minnesota 55402
(612) 339-0060
FAX (612) 339-0038
PRSRT STD
U.S. Postage
PAID
Minneapolis, MN
Permit #2235
I. 1.1.. I. I. II..... 11.11,1,1. I.. I.. ,11,1.. .1. ,11..1. 11,"..1.11
....c.............. AUTO"SCH 3-01GIT 550 ED
MS. !vIARY CAPRA RECEIV
CITY OF CENTER\/llLE
1880 MAIN ST
CENTER\/ILlE IvlN 55038-9794 AUG - 7 Z006
Address Service Requested
CENTERVILLE, MN
FIRST AMENDMENT, comilllled
or rule or regulation adopted pursuant to law, and
the employee informs the employer that the order
is being refused for that reason; or
(d) the employee, in good faith, reports a situation in
which the quality of health care services provided
by a health care facility, organization, or health care
provider violates a standard established by federal
or state law or a professionally recognized national
clinical ot ethical standard and potentially places
the public at risk of harm.
Minn. Stat. ~ 181.932, subd. l(a).
"To qualify as a report under the statute, a report
must "blow the whistle" by notifying the employer [or
governmental body] of a violation of law that is a clearly
mandated public policy." Cokley v. City of OI5t.:gQ,
623 N.W2d 625,631 (Minn. Ct. App. 200!). An
employee's investigation of suspected 111l1::",(,.I'-';'iti,
that the employer was already investigating did not
constitute "report" within meaning ofWhisdeblower Act.
Rothmeierv. Investment Advisers, Inc., 556 N.W2d 590,
593-594 (Minn. Ct. App. 1996). Internal management
decisions, political decisions and similar policy decisions
that do not implicate violations of law are not protected
by the Act. Cokley at 631; Thomas v. Campbell, 845
ESupp. 665 (D. Minn. 1994); Donahue v. Schwegman,
Lundbetg, Woessner & Kluth, P.A., 586 N.W 2d 811
rev. denied (Minn. App. 1998).
The Whistleblower Act has been interpreted by
the courts in the same manner as other retaliation type
claims, such as discrimination. To establish violation of
the Whisdeblower Statute, the employee must establish
that (a) the employee engaged in statutorily-protected
conduct; (b) there was an adverse employment action
by the employer; and (c) a causal connection between
the two. The burden then shifts to the employer to
demonstrate that the adverse employment action was for
a legitimate reason. Once demonstrated, the employee
then has the burden to prove that the reason given was
pretexrual. Cokley at 634 (Minn. Ct. App. 2001).
Under Minnesota Jaw, to prove a violation of
the Minnesota Whistleblower Statute the employee
must prove intentional retaliation. Chadwell v. Koch
Refining Co., L.I~, 251 E3d 727, 734 (8th Cir. 2001).
See Kunferman v. Ford Motor Co., 112 E3d 962,965
(8th Cir.1997) (defining the causation requirement of a
retaliatory discharge claim as based upon knowledge and
intent); Rosen v. Transx Ltd., 816 ESupp. 1364, 1369-
70 (D.Minn.1993) (classifying pretextual retaliatory
discharge under the Minnesota Whisrleblower Statute as
premised upon "intentional retaliation"); Larson v. New
Richland Care Center, 538 N.W2d 915, 920 (Minn.
Cr.Arr.I-99'T}irnnsrming-rhcrtitmnesola Whisddolvwer- .- .
Statute as an intentional taft created by statute, requiring
an employee to "prove that the employer intentionally
discharged or retaliated against" him or her).
In essence, while the Ceballos case has eliminated
a cause of action under the First Amendment for
public employees speaking out on issues related to
the employee's official duties, public employees may
still bring claims under the Minnesota Whisdeblower
Act under the right circumstances. Therefore, public
employers should remain cautious in taking adverse
employment actions against employees making
allegations of illegal actions.
The information contained in this newsletter is geneml in nature
and should not be eomtrued as legal adz,ice. Please comlllt)'ollr legal
cOllllsel if YOII haIJe an)' questions about applying the information
contained in these articles to a particular situation.
4
LMC
League of Minnesota Cities
145 University Avenue West, st. Paul, MN 55103-2044
(651) 281-1200 . (800) 925-1122
Fax: (651) 281-1299 . TOO: (651) 281-1290
www.lmnc.org
League of Mj.._oI4 em""
Cip"" promot;7IfJ ezaJ1.m""
August 21,2006
Dear member city official:
The League's coming to your backyard and we'd like to see you.
On behalf the League of Minnesota Cities and your host city, 1'd like to invite you to the
League's 2006 Regional Meetings. You can go to any of the nine convenient locations to get
timely information while networking with others from your region.
Please take a look at the enclosed information-packed agenda, covering important issues in city
finance, human resources and benefits, and demographic trends facing our state.
This program has something for everyone. You'll have time to share stori~s about your city's
recent challenges and successes during the Around the Table sessio_n. And you'll help shape the
League's legislative policies. . .
The meetings go from 2:30 to 8:30 p.m.-you may come at anytime to any portion of the
program. The $35 fee includes all the sessions described in the enclosed brochure, refreshments
and dinner.
We're looking forward to seeing old friends and meeting new ones. Hope to see you at a
Regional Meeting close to your city!
Sincerely,
r -IfYl~
James F. Miller
Executive Director
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
LEAGUE OF MINNESOTA CITIES
DATES & LOCATIONS
Silver Bay
Sept. 26
Cohasset
Sept. 27
Monticello
Sept. 28
Benson
Oct. 3
Ottertail
Oct. 4
Newfolden
Oct. 5
Heron Lake
Oct. 24
St. Peter
Oct. 25
St. Charles
Oct. 26
METRO MEETING
St. Paul
Nov. 16
(Agenda to be
determined)
Leagw! of l\jjnnesota Cities
Cities promoHng excRJ/ence
2006
WE'RE COMING TO YOUR BACKYARD!
Join the League to discuss timely, important issues
affecting cities, including:
. Employee benefit trends
. Common auditing headaches (including GASB)
. Demographic trends in Minnesota
. Future staffing challenges
Preview the upcoming legislative session and help
shape 2007 League legislative policies.
Meet your neighbors to share city stories and learn
from one another.
Only $ 35-includes dinner and materials
Register online anytime:
www.lmnc.org
SPONSORED BY: . Gold Business Partner:
Ehlers and Associates, Inc.
. Silver Business Partners:
Springsted Incorporated
V9yageur Ass~t Management
Questions? Call Amy Mansager at (651) 281-1240 or (800) 925-1122
LEAGUE OF MINNESOTA CITIES REGIONAL MEETINGS 2006
2:30 p.m.
3:15 p.m.
4 p.m.
4:15 p.m.
5 p.m.
5:45 p.m.
6:45 p.m.
7:15 p.m.
7:45 p.m.
8:30 p.m.
Avoiding Sticky Situations with Employee Benefits
Trying to control ever-escalating employee benefit costs? Good for you! Find out how to
make sure your creative solutions don't cost even more by upsetting good employees or
running afoul of the law, among others.
Audit Headache? Take Two Aspirins and Call the League
GASB 34, increased auditing fees, timely reporting, and more-it's enough to make you just
want to quit spending money. Enjoy an interactive session focused on your biggest auditing
headaches and some potential solutions.
Break
Legislature 2007-Already?
The 2007 Legislature will convene before you know it. Don't be frightened; be prepared!
Hear the most important legislative policies being developed by League policy committees.
Help the League set priorities by telling us what issues really matter to your part of the state.
Around the Table-Sharing City Issues and Accomplishments
Come ready to "show off" and share one or two of the most important things happening in
your city right now.
Social Hour and Dinner
Candidates for the state Legislature will be invited to be part of this informal networking.
Welcome from Host Mayor
LMC Update from Executive Director Jim Miller
Comments by LMC President Marvin Johnson
The Tip of the Iceberg-Demographic Changes in Minnesota
By most measures, Minnesota is a successful state. But, demographic trends offer challenges
and opportunities-we're aging quickly; parts of the state are growing rapidly, while others
are not; and our communities include Scandinavians, Germans, Ethiopians and Hondurans,
just to name a few. Join us for an overview of the demographic future of the North Star state.
Where Have All the Workers Gone?
If the general population is aging, government employees are getting really old! (We really
are aging faster than the rest of the population.) Cheer up and join fictional Mosquito
Heights Mayor Buzz Olson, Intern Willy, and League staff as we think about strategies you
can use to ensure your city has a vital workforce for the future.
Adjourn
Register online anytime: www.lmnc.org
Questions? Call Amy Mansager at (651) 281-1240 or (800) 925-1122
Cancellation policy: All cancellation requests must be e-mailed, faxed or postmarked seven days prior to the conference,
and are subject to a $15 handling fee. All unpaid registrations not cancelled seven days prior to the conference will be
billed at the full registration rate. If you cannot attend, please consider sending a substitute. Please do not send payment
until your city has received an invoice.
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CITY OF CENTERVILLE
MONTHL Y ENGINEER'S REPORT
For September 13,2006 City Council Meeting
tervi{{e
Italics = New information.
Normal = No change from last report.
1. Hunters Crossing 2m1 Addition (Private) (000616-03132-0). The City Council has approved
the Final Pay Request and the project has been closed out.
2. Pheasant Marsh 3l'd Addition (Private) (000616-03134-0). The Contractor has finished the
curb & gutter and bituminous paving of the roadway. The Contractor still plans on installing
the bituminous bike path and the developer has setup private utility installations next week
Once the private utilities have been installed the site will get cleaned up and re-seeding for
erosion protection.
3. Hunters Crossing 3l'd Addition (Private) (000616-05141-0). Contractor is currently working
on punch list items. We are still waiting for the televising tapes and reports to review. The
private utilities have completed the installation of their new service. The developer will re-seed
the entire project site next week.
4. 21st AvenuelBackage Road (000616-05143-0). The grading Contractor has completed a
major portion of the grading. The pipe Contractor has been installing Sanitary Sewer and
when completed will begin to install water main.
5. CSAH 14 (000616-04139-0, 000616-06144-0, 000616-06150-0).
Forcemajn
Plans have been submitted to the County.
Water Main
Plans have been submitted to the County.
StreetscaDe
At the time of this memo, we are scheduled to attend the next regular Project Management
Team meeting. At the meeting, we will discuss the streetscape issues raised by the county and
work to have our design approved
UnderDass
Our grant application was sent out for the Safe Routes to School funding package. We should
know, sometime in October, if we have been awarded a grant.
6. 2006 Storm Water Analysis (000616-06146-0). We are putting together a comprehensive
map showing the location of all proposed BMPs as discussed with the watershed We will then
look to have the watershed give us written confirmation that these locations and BMPs are
their desired proposals when we submit our permit applications for the various projects.
7. Old Mill Road Improvement (000616-06147-0). Action on this item was tabled at the last
meetinv and the nrn;ect i,'ij now heinv considered (or 2007 construction.
8. Fairview Street Improvements (000616-06148-0). Easements are being worked on. We
received comments from Anoka County Highway Department regarding a right turn lane and
additional right-of-way along the Royal Oaks plat. We are checking on watershed permit
requirements. If they have been met, we will consider change-ordering this project onto the
Backage Road project.
9. Cedar Street Water Main (000616-06149-0). The contractor has finished installing the new
water main. The water main has passed a pressure test and a bacteria test. Contractor is still
currently working on restoration and the building connection. Final test reports were sent to
the City showing the contractor has passed all their water main tests.
10. Westview Water Main (000616-06151-0). Plans have been sent to the MN Dept. of Health.
Once we receive their permit, we will authorize the contractor to begin work.
11. Miscellaneous
. We are exploring the Clean Water Legacy Act funding being administered by the Board
of Water and Soil Resources for some of the storm water improvements proposed
around town.
- End of memo -