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HomeMy WebLinkAbout2006-09-13 CC Packet .tervi{{e 'E.<tab{isfietf 1857 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 P f' \.ii 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) @)\Y1~ 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 J 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 --- ~ 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 ~ 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 ;p 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. Page 8 of8 9 tervi{{e CITY OF CENTERVILLE 09/08/06 9: 13 AM Page 1 'E..s.ta.6l1.>fced' 18.5/ *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 9/7/2006 9/7/2006 9/7/2006 9/7/2006 9/7/2006 9/7/2006 9/7/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 9/13/2006 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 3) ~ ~~ zo.. 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Y7 Y7 Y7 Y7 01 I:: '1:: ro .r::. 00 ~ Q) ~ Ci) - IJl o () ~ lil 5 <1l .~ 0 a. e () ~ a.. ro IJl CD ~o CD <1l I:: ~ ~<(Ci5 1::00, I1lrovv 0::0........ <1l()::C::C <1lro<(<( ~<1lOOOO oooo()() .l!! I:: <1l E IJl IJl <1l IJl IJl <( Y7 Y7 N <0 "!. ~ N \l") Y7 Y7 N <0 "!. ~ N ~ ('t) Y7 ~ Q) ~ Ci) , ~ .E ~ ... ~ ~ -c I:: :J ll. L.. <1l ro ?; Y7 Y7 Y7 Y7 Y7 Y7 Y7 Y7 o o 0_ o .... Y7 Y7 o o o. o ~ Y7 L.. <1l ~ o I- ... <1l ro ?; -c 6 <1l > o E <1l a::: o o U) .-: o ~ 6/t o o v. ,... CO ~ 6/t N U) V ,..: ,... ,... N tF.f o o co cD ~ ,... N 6/t o o ~ o .... o o o N 01 LO 6/t o o ~ o ~ N U) N. .... ,... .... ar) Y7 6/t ... ~ ~ J!! 5i ~ ClI 2- Cl :::::: or::( , - .s .E .Q ::J CI) I - J2 ~ 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 1~ l/) ~ Q) l/) c: Q) .~ 0:: ~ C1:l - Q) ....J Q) c: e 0 Q) c: 0 U ~ . . 0 t- o 0 N CO 0 0 N I.t) 0 0 N 'V 0 0 N C (") 0 0 0 N .. .- CJ ..... N ftS 0 .- 0 ~ ~ N .. fn - ..... ftS 0 .- 0 C > N 0 0 CD 0 0 ~ 0 N .- 0 LL. (J) .. (J) 0 (J) - ..... ftS 0 00 .- ~ (J) C (J) ~ ..... C CD t- CD C. (J) .. (J) C ..... fn co CD ..... (J) 0 fn (J) ..... 0 I.t) 0 (J) (J) ..... 'V (J) (J) ..... (") (J) (J) ..... N (J) (J) ..... ..... (J) (J) ..... 0 (J) (J) ..... 0 0 0 0 0 0 0 0 ~ 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 'V N 0 00 CO 'V N ..... ..... ..... 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 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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. 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I-g CD (/) Q.cnB Q.(/) Q.~ ~ ::I GlM:!! ::e "5::e~ "5::e~ ; 'iJ. ~ r3 c( ~wz Z o...[zo .[zQ o..wz_ ~ .!ii l! I- 0 ::e 0.... .... ~ -- .... "- '3 "'0 I.... ~ >-~ C) Z - Z e: e: - ~ 0 e: 0 <( e: !! 0 !! 0::: e: .. . !! . I i ; I " l- e: a CI c CD II) It) Ii " e: 0 ." E 1 " .!! 0 I 'c i! ~ cc N ~ .., 'L..t a6lIslii'd 1S5:- 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 -