HomeMy WebLinkAbout2001-09-26 CC
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COUNCIL MEETING
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WEDNESDAY, SEPTEMBER 26, 2001
6:30 P.M.
I. CALL TO ORDER /-'32-
1. Roll Call
II. SET AGENDA ~; 3 3
III. PUBLIC HEARING(S)
IV. APPEARANCES/AWARDS ?'.3~
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September 12, 2001 Council Meeting Minutes , L" ~ l)
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Xr VI. f'~ PETITIONS AND COMPLAINTS f.J:-O~ ~ P '\J --111.-<:'
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,~~.jl 1>1\ ~ L Mr. & Mrs. Moe, 7040 Brian Court,_ v - $ , ' L~
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'l) !~-f l\t 2. I Quad Cities Police Update ~ ~~ h. 1P-1rf'lJtf'r" r j/ tV' J ) V'
~ .Y" \j~ i "J\ Mr. Keith Okan, Center Street Drainage../' /~'v~ .0. JY ~Jr !..d"'-----
,~ '~l j l' 4. Sheehy Property (Update) ---rd~ ~ t1f..u~~:;;:;; {- NO~V<-- 7~;J.-bJ
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6. Baron and Moreland Properties (Update) ~. '1 ~
7. Turcotte Property (Update)~. --r;.b/..: ;"U M1<-t. C<.y"da--
8. Laurie LaMotte Park Improvements Pay Estimate (Tabled from previous
meeting) ~
9. Ad Hoc Communications Request (Tabled from previous meeting) MQ.. 9-~ rv..Ja-
10. Lloyd Drilling - Developer's Agreement.~ ~ L/-y ~>-{ J() ~:Y'7 ~~ 4-
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NEW BUSINESS V
1. R & R Leasi~ecial Assessment Split Request (PIN #R23-31-32-2.4- .' V
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2. Resolution #01-018 - Awarding Bid for the Pheasant Marsh Sub-Division r\f~
(Phase I) \\J I
Resignation of Juran and Moody as Financial Advisors for the purpose of~
Bond Purchasing relating to. the Pheasa.nt. Marsh SUb_DiViSi.on (Pha.se' ~I \#
Resolution #01-019 - Awarding the Issuance of Bond for the Pheasant'lo-
Marsh Sub-Division (Phase I) . (!.cr-kct~~ . ~/~r-' .
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1. Sathe Executive Search,
2. Juran & Moody (Pheasant Mafjsh Bond)Q r I
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CONSIDERATION OF MINUTES/./,:'
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IX.
CONSENT AGENDA
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1. City of Centerville August 9, through August 22, 2001 Expenditures ~~ )
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2. Centennial Fire District Expenditures 1Yr'
3. League of Minnesota Cities Annual Renewal - $2,312 .
4. Pay Estimate #2 - Vinco (Laurie LaMotte Memorial Park/' 3~1 ~3z,.. L , if;,
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CO~MI. TT. E. E REPORTS ~ ...., y4 t-'...' \'V (i .n.;~.o~~. ..1: I, ;.......(vr~b. ." 1
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1. Scheduling Budget Workshops ~ \
2. Truth and Taxation Hearings
XII.
XIII. EXECUTIVE SESSION - KEN COOK
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XIV. ADJOURNMENT
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Pursuant to due call and notice thereof, the City of Centerville he
meeting on September 12,2001, at City Hall, 1880 Main e
CITY OF CENTERVILLE
CITY COUNCIL MEETING
SEPTEMBER 12, 2001
6:30 p.m.
PRESENT:
ABSE
STAF J\.cting City Administrator/Public Works Director, Paul Pa1zer
City Engineer, Tom Peterson
City Attorney, Jim Hoeft
1. CALL TO ORDER
Mayor Swedberg called the September 12,2001, City Council meeting to order at 6:36
p.m.
II. SET AGENDA
Mayor Swedberg began the meeting by asking that residents fly the flag as a show of
solidarity for those that were affected by Tuesday's tragedy. He then asked that residents
pray for the loved ones of the victims.
Council, and those in attendance, observed a moment of silence followed by reciting the
pledge of allegiance.
Council Member Nelson requested approval of the Minutes from August 22,2001 of the
executive session be added under consideration of minutes.
Council Member Nelson requested that discussion of which employees should have keys
to City Hall be added under new business.
Council Member Broussard Vickers noted that the variance requests listed under
appearances should have been listed under new business.
Page 1 of 29
Mayor Swedberg noted Mr. Hasiak, who had requested a variance, would not be in
attendance at the meeting.
Mayor Swedberg asked that discussion of approval to allow Officer Gleason to use City
Hall for a training session on September 22, 2001 be added under new business.
Mayor Swedberg noted he had discussed supervision of the skate park with Matt, the
Community Service Officer and asked that supervision at the skate park be added under
new business.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve the agenda as amended. All in favor. Motion carried unanimously.
III. PUBLIC HEARING (8)
1. Pheasant Marsh Final Plat.
Mayor Swedberg opened the public hearing at 6:43 p.m.
Mr. Terry Hannah, Ground Development, addressed Council to discuss the final plat for
Pheasant Marsh.
Mr. Hoeft noted he had spoken to Mr. Palzer and the developer outside before the
meeting concerning the final plat and asked that the area on the map labeled as a drainage
and utility easement be corrected to reflect the trail location. He pointed out that this
would make the plat easier to read and would clarify for the homeowners that there is a
trail in that location.
Troy Livgard, the engineer for the developer, indicated the entire area had been labeled as
an outlot and said the trail would be located inside of the outlot.
City Attorney Hoeft indicated the City would prefer to have the trail defined as the City
does not want the homeowners, who would be responsible for the outlot, to be able to
claim control oflhe trail. ~ ~ p~ '
Council Member Broussard Vickers indicated that the ~ and Zoning- Committee
had discussed the trail and indicated the City would need to have control of it.
City Attorney Hoeft questioned why the developer had designated the trail as an outlot.
Mr. Hannah indicated that it was not clear at the beginning as to who was going to
maintain the trail and said there was a discussion indicating that the homeowners should
control the open spaces.
Council Member Broussard Vickers clarified that the City wants to control the trail.
Page 2 of29
Mr. Hannah indicated he had not understood that the City wanted to control the trail and
had assumed all along that the City was not interested in being responsible for the
expense of maintaining the trail.
Council Member Broussard Vickers clarified that the City does not want to have to
maintain the outlot but will maintain the trail.
City Attorney Hoeft noted that the trail is markeq to be 12.5 feet wide. He then indicated
that in the Hunter's Crossing development the City required a 20 foot wide trail easement
to allow for a 10 foot trail and room to put snow. He further noted that due to the
drainage and utility easements in the same location as the trail there should be room for
storage of snow removed from the trail.
City Attorney Hoeft indicated he felt that the City could approve the final plat contingent
on the developer re-designating the outlot to a trail easement and upon approval of the
developer's agreement.
Deb Nelson of 7164 Mill Road expressed concern for maintenance of the trail because
the trail runs through homeowners' backyards.
City Attorney Hoeft indicated the City would maintain the trail.
Mayor Swedberg noted the county is considering adding the trail to its county-wide trail
system.
Council Member Broussard Vickers expressed concern for drainage within the
development, as that piece of land is currently where the water flows.
Council Member Broussard Vickers noted she was concerned that the City is leaving out
a piece of property that is not going to have easy access to water and sewer. She
expressed concern for the costs associated with the Wilharber property being able to get
water and sewer. She then noted that the City has not bypassed properties before and
noted that, as currently designed, the Wilharber property would not logically end up on
the sewer and water system. She further noted that the City is departing from what it has
done in the past by allowing this design.
Council Member Travis expressed concern for residents on Lots 1, 8, 9, and 10 being
able to place a fence on the lot line which would restrict snow removal from the trail.
City Attorney Hoeft suggested expanding the width of the easement to make it a 20 foot
wide drainage, utility and trail easement noting the City could handle all the items with
one easement. He then indicated that, if the area was designated as an easement, the
homeowner would not be able to place a fence in the easement area.
Page 3 of 29
Mr. Hannah indicated he understood that the common goal is that the City should
maintain the trail and rights over the trail but said he needed to discuss how to properly
word the trail area with his staff.
City Attorney Hoeft made it clear that the City is requiring a 20 foot wide easement for
drainage, utility and trailway.
Mr. Livgard, the engineer for the developer, indicated it would still be called an outlot.
City Attorney Hoeft clarified the City wanted the 20 foot wide area for drainage, utility
and trailway designated as an easement.
Mr. Tom Wilharber of 6849 Centerville Road, the owner of the property to the west of
the Pheasant Marsh development, noted that the first proposed assessment for sewer and
water to his property was $41,000 based on 638 feet of frontage. Mr. Wilharber then
pointed out that, due to the changes Council made at the last meeting concerning the
design for sewer and water, he would now be able to obtain services at a cost of $50,000
based on 208 feet of frontage. He further indicated that service would not be available to
him until 2006 under the new design and then pointed out that Council has deviated from
the standards it has used with past developments within the City.
Mayor Swedberg commented that Mr. Wilharber had come before Council to object to
the original assessment amount.
Mr. Wilharber clarified that he had written to Council indicating that he was working
with the engineer and developer on the assessment amount and said he believed they
could have continued to do so.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to close the {lublic hearing. All in favor. Motion carried unanimously.
Mayor Swedberg closed the public hearing at 7:15p.m.
Motion by Council Member Nelson. seconded by Council Member Capra to
ap{lrove the final plat subject to the re-designation on the plat of a 20-foot wide
easement for drainage. utility. and trailway and subject to an ap{lroved developer's
agreement. Ayes - 4. Nays -l(Broussard Vickers). Motion carried.
IV. APPEARANCES/AWARDS
1. Mr. & Mrs. Jeremy Bates, 1977 South Robin Lane - Variance Request
Mrs. Bates told Council that she and her husband had purchased the house at 1977 South
Robin Lane six months ago but said before doing so their real estate agent and she had
contacted City Hall to make sure that a garage could be built on the property. She then
indicated that she and her agent were told they could build a garage and, it was not until
she applied for a permit, that she was told the ordinance would only allow them to build a
Page 4 of 29
one car garage detached garage. She further noted that a two car attached garage will not
work on the lot due to the way the house sits on the property and the location of the well.
Council Member Nelson questioned whether Mr. and Mrs. Bates meet the requirements
to be granted a variance.
Council Member Broussard Vickers noted that the Planning and Zoning Committee voted
to approve the variance request as the membex,s feel that they may need to revisit the
ordinance requirements for houses in the R4 zoning district. She then noted that Mr.
Wilharber, a member of the Planning and Zoning Committee, had commented at the
meeting that it may be possible to apply the variance requirements to the Bates'
circumstances.
Mr. Wilharber indicated that Royal Meadows was developed as a PUD with very small
lots. He indicated that it was the first development in the City to allow doublewides onto
small lots. He then indicated that looking back at the development the City should have
required that the houses be set off to one side rather than centered on the lot which seems
to be causing issues with building garages.
Mr. Wilharber indicated that the City has granted variances for other residents in the
Royal Meadows development to allow for a garage and he feels that denying this
variance request would deprive the resident of something others in the same zoning area
have. He then stated that he feels that any time a resident wants to add value to the
property with improvements the City should encourage them to do so. He further stated
that not everything is black and white there needs to be a little gray every now and then.
Council Member Broussard Vickers inquired as to whether City Attorney Hoeft had
reviewed the wording in question in the ordinance.
City Attorney Hoeft indicated that the ambiguity of the language in the ordinance was
irrelevant as the residents do not meet the requirements for the granting of a variance. He
then said that if the City intends to review the ordinance for a possible change he would
recommend the variance be denied. He then indicated that granting a variance, in effect,
would make the ordinance ineffective and would set a precedent for all residents to argue
they should be granted a variance.
Council Member Broussard Vickers indicated that two percent of the Bates' rear yard is
150 square feet and said the Planning Committee felt 150 square feet was too small and
added the 200 square feet language to the ordinance for the R4 zoning district. She then
said that Mr. and Mrs. Bates have asked for a variance to construct a 400 square foot
garage which is twice the size allowed by the ordinance.
Ms. Buckbee of 7381 Peltier Circle indicated that granting the variance would not be
setting a precedent for others in the City because Royal Meadows is the only R4 zoning
in the City.
Page 5 of 29
City Attorney Hoeft agreed that Council could point to the small lot size as a reason for
granting the variance and as a distinction from other lots in the City.
Council Member Travis asked if Mr. Palzer had reviewed the proposed location of the
garage. Mr. Palzer indicated he had not been out to Mr. and Mrs. Bates residence.
Council Member Capra indicated she had driven through the neighborhood and noticed
that some houses have the garages set back and .off to the side. Mrs. Bates indicated that
they propose to build their garage the same way as their neighbors.
Council Member Nelson stated that there are requirements that must be met in order to
grant a variance and said Mr. and Mrs. Bates do not meet those requirements.
Council Member Broussard Vickers indicated that the Planning and Zoning Committee
intends to review Ordinance 4 at its next meeting. She then indicated she agrees with
City Attorney Hoeft that it would be better to change the ordinance rather than granting
the variance.
Mayor Swedberg questioned whether Mr. and Mrs. Bates would have any yard left if they
were allowed to construct the garage.
Council Member Travis indicated that there are other yards like it and said if the garage
were setback as proposed he feels it would be fine. He then indicated he would prefer to
change the ordinance rather than to grant the variance.
Mrs. Bates asked how long it would take for the City to change the ordinance.
Council Member Travis indicated that the City has granted permISSIOn to begin
construction based on an expected change to the ordinance.
City Attorney Hoeft indicated that the City should not indicate what type of change it
would allow at this point because there is no guarantee.
Council Member Travis asked how long it would take to change the ordinance.
Council Member Broussard Vickers indicated Council would not see a proposed change
to the ordinance until the Council meeting in mid-November.
Ms. Buckbee said she did not think it was fair to ask residents to pay $175 for a variance
if the City denies the variance and decides to change the ordinance.
Council Member Broussard Vickers clarified that the City does not change the ordinances
after every variance request.
Page 6 of 29
Ms. Buckbee indicated there are other garages in that area of the same size and said she
feels the City would be depriving Mr. and Mrs. Bates of something others in the same
zoning district have by denying the variance.
Council Member Broussard Vickers clarified that under current ordinance the garage is
not allowed.
Mr. Hoeft indicated that he would prefer nqt to set City policy by variance and
recommended the ordinance be changed making the variance request unnecessary.
Motion by Council Member Nelson. seconded by Council Member Ca{lra to deny
the request for a variance to construct a 400 square foot accessory structure at 1977
South Robin Lane.
Ms. Deb Nelson suggested the City refund the $175 fee to Mr. and Mrs. Bates.
Council Member Broussard Vickers indicated that the $175 pays for the mailing and
publication of the variance request and could not be refunded
Council Member Nelson indicated that the residents should have been given a list of the
variance requirements prior to applying for the variance. She then indicated that, if the
residents feel they meet the requirements, they are required to pay the $175.
Ms. Nelson asked how the other residents in that area got their garages.
Ms. Buckbee indicated that there were variances granted in that area for garages.
Mayor Swedberg indicated that the City wants Mr. and Mrs. Bates to have a garage but
said the City needs to follow proper procedure and amend the ordinance.
Mrs. Bates indicated they would like to construct the garage before winter arrives. She
stated that they are already seven weeks into the process and are being asked to wait until
the City amends the ordinance. She stated that they were given information by the City
Clerk that they could build a garage prior to purchasing the house. She then told Council
that the day they were to appear before Planning and Zoning the clerk faxed information
indicating they may not need the variance at all and suggested they ask for a refund of the
$175.00. She then handed the fax received from the City to Council for its review.
Council Member Broussard Vickers indicated that the variance had already been applied
for and the notices sent out so the City could not refund the $175.00. She then indicated
that the Clerk had apparently misinterpreted the meaning of the ordinance.
Council Member Capra indicated she had spoken to Mr. Brainard, a Planning Committee
Member, and he had indicated that he feels variances should be few and far between and
said that the situation does not meet the requirements for the granting of a variance.
Page 7 of 29
Mr. Teny Sweeney, 7154 Brian Drive, suggested Council follow the recommendation of
the Planning and Zoning Committee as the Committee had voted by majority to
recommend granting the variance. He then indicated that he agreed that the development
is unique and allowing the improvement would enhance the property and the City overall.
Mr. Wilharber indicated that Council should consider the decision of the majority of the
Planning Committee members not just one member. He then noted the vote taken was
four to two to grant the variance. He further inqicated he feels the variance is warranted
in this situation.
Mayor Swedberg indicated that Council does not have a problem with the garage but said
Council is required to apply the state mandated requirements for the granting of a
varIance.
Mayor Swedberg questioned how large the garage could be if it were attached to the
house. Mr. Palzer indicated that a 3,000 square foot garage would be allowed.
Council Member Travis indicated that a variance is a tool that is available to the City for
use when needed. He then indicated that he feels hardship has been demonstrated in this
case.
Council Member Broussard Vickers indicated that the City granted a variance for a
resident due to the shape of the lot and the creek running through it which caused a
hardship.
Council Member Travis stated he felt that a variance is a tool that could be used and used
wisely.
Ms. Nelson indicated she felt Mr. and Mrs. Bates were entitled to a refund of the $175 as
the City is now changing the ordinance instead of granting them a variance.
Council Member Broussard Vickers indicated that the $175 fee is used to pay for the
costs associated with mailing the notices and publishing in the newspaper.
Mr. Wilharber indicated that previous councils have granted a lot of variances and they
have not been all that bad.
Mr. Bates told Council they need a garage before winter and, if denied, would build one
anyway. Mayor Swedberg advised Mr. Bates not to build the garage without obtaining a
permi 1.
City Attorney Hoeft suggested attaching the garage to the house with a breezeway in
order to eliminate the need for a variance.
Mr. Bates indicated that footings would be required which would add to the cost of the
structure significantly.
Page 8 of 29
Ayes - 4, Nays -1 (Travis). Motion carried.
Mayor Swedberg indicated he would like to instruct Planning and Zoning to address the
change to the ordinance as quickly as possible.
Mr. Wilharber indicated that there are not many homes in the area that do not have
garages.
Mrs. Bates asked what the timeframe was for the ordinance change. Council Member
Broussard Vickers indicated that the earliest Council would see the ordinance amendment
would be at the November 14,2001 Council meeting.
Mayor Swedberg asked whether Council could direct Planning and Zoning to call a
special session to address the issue. Mr. Hoeft indicated that Council could direct the
Planning and Zoning Committee to call a special meeting but noted that the Committee is
not obligated to do so.
2. Mr. & Mrs. Stan Hasiak, 6994 Centerville Road - Variance Request
Council Member Broussard Vickers explained to Council that Mr. Hasiak was before the
Planning and Zoning Committee to ask for a variance to construct an 8 x 24 fully
enclosed dog kennel attached to the existing pole shed. She also noted that Mr. Hasiak's
pole shed is nonconforming due to its size. She further noted that the Planning and
Zoning Committee had voted to recommend Council deny the variance request because
the ordinance does not allow for the intensification, enlargement or enhancement of a
nonconforming structure.
Mayor Swedberg asked why Mr. Hasiak did not use a portion of the existing pole shed
for the kennel.
Council Member Broussard Vickers indicated that Mr. Hasiak had requested a variance
to build an 8 x 24 kennel because he feels it will be better for the safety of the children
and the rest of the community.
Motion by Council Member Travis, seconded by Council Member Capra to deny
the variance request to construct an 8 x 24 kennel at 6994 Centerville Road. All in
favor. Motion carried unanimously.
Council recessed at 8:20 p.m.
Council reconvened at 8:25 p.m.
A?f> ffiL
v. EXECUTIVE SESSION REGARDING MS. JILL LIEN
Mayor Swedberg indicated that on July 12,2001 Mr. March had resigned his position as
City Administrator and Council had appointed Mr. Palzer and Ms. Bender as Acting City
Administrators during the search for a replacement for Mr. March. He then indicated that
Page 9 of 29
Council Members had witnessed serious issues and had raised concerns regarding Ms.
Lien. He further indicated that those concerns were outlined in a letter drafted by Mr.
Hoeft and sent to Ms. Lien's attorney.
Mr. Hoeft asked if Ms. Lien and her counsel wished to have the matter heard at the open
meeting. Mr. Corwin indicated that he and his client would like the matter heard at the
open meeting.
Mr. Hoeft indicated that this hearing was for Ms. Lien to address the charges against her.
He then asked that anyone who wished to speak do so only with regard to relevant
information and refrain from disparaging remarks. 0 e... {)I'\... -t:tu.- ~ ~
Mr. Corwin, counsel for Ms. Lien, addressed Council and indicated that Council was in
violation of the Data Practices Act for failure to provide minutes from the closed
executive session where an illegal vote was taken to fire Ms. Lien. He then indicated that
the charges against Ms. Lien were not provided to them until September 11, 2001.
Mr. Corwin indicated that Council had closed the meeting to make a determination as to
the status of Ms. Lien's employment. He noted that no minutes were provided for the
closed session and further noted that when Council resumed the open session no vote was
taken.
Mr. Corwin told Council that it seems to him that some people got upset when Ms. Lien
did not agree with them and so Council decided to exercise its authority without granting
Ms. Lien the right of every public employee and that is the right to respond to and
address the charges against them. He then noted that he had just received a copy of the
reasons for termination yesterday and further indicated that Ms. Lien had not received her
Laudermill hearing and was denied her constitutional rights.
Mr. Corwin indicated that Council had denied Ms. Lien her constitutional rights because
some of the Council Members were upset with some of the things she had said. He noted
that Ms. Lien has the right to freedom of speech and suggested that if Council Members
cannot take criticism they should step back. He then noted that the City Administrator
had left the City due to the way things are run and had left two subordinates to run the
office. He further indicated that there is a lot of work that needed to be done and Council
instructed City employees to ignore the Committee work and work on day to day
operations even though Ms. Lien had indicated she did not have enough to do. He also
pointed out that Council did not communicate that directive to the Committees as it
should have, instead relying on staff to inform the Committees that they were no longer
able to help them.
Mr. Corwin explained that when an individual from the Parks and Recreation Committee
had come into the office and asked Ms. Lien to help him with something she agreed to do
so because she was not doing anything at the time. He then suggested that Council was
more concerned with its ego than whether or not staff had time to do the work.
Page 10 of29
Mr. Corwin indicated that Council had violated every employment law there is. He noted
that Council went from no disciplinary action to discharge using discipline as a
punishment rather than a corrective measure. He further noted that Council did not
follow the proper procedure and acted in an arbitrary and capricious manner.
Mr. Corwin indicated that Ms. Lien has several notes as to her character in her file and is
being discharged for doing more work than she was required to do. He then noted that, in
doing so, Council violated her constitutional rights.
Mr. Corwin told Council that if it continued to do this and refused to right the wrongs he
would sue the City to preserve his client's rights and ask a court to determine that
Council's actions are a result of its will and are arbitrary and capricious and the decision
was not based on the merits. He further said that Council was not acting in the best
interest of the City but for its own personal best interests.
Mr. Corwin indicated that Council has not answered Ms. Lien's requests for her records
and has not given her the minutes as she requested. He then noted that Ms. Lien went to
Council and asked for more work because, when the Parks and Recreation Committee
work was taken away from her, she needed more to do. He further noted that, in response
to Ms. Lien's request for more work, Council fired her.
Mr. Corwin indicated that he had reviewed Ms. Lien's job reviews and has found that she
has received nothing but good reviews. He then noted that, in her 2001 review, it was
noted that she got along well with all employees but one which is the employee he
believes has talked Council into firing her.
Mr. Corwin commented that former City Administrator, Mr. March, has said he sides
with Ms. Lien in this matter. He then suggested that the City reconsider its actions and
said the Council is not above the law and not above the constitution.
Ms. Lien indicated that, after the special meeting, Council had asked her if she had any
concerns and said to come to Council with them. She then indicated she is a very active
and involved person. She then indicated that Council Member Nelson had specifically
said that Council wanted to hear concerns.
Ms. Lien stated that she told Council there was a problem and said she does not
understand why Council thinks things are so amiss in the office when the last thing she
said was "please give me more duties."
Ms. Lien told Council she is a secretary not a receptionist. She then suggested that
Council review her performance reviews to see she has a glowing record with no history
of insubordination.
Ms. Lien asked Council to define for her the "numerous instances of insubordination" as
stated in the letter. She then noted that Mr. March had resigned only six weeks ago and
Page 11 of29
said she worked only 14 12 days out of those six weeks and questioned how things could
have gone so wrong in such a short amount of time.
Ms. Lien stated she did nothing more for Parks and Recreation other than giving the
information to the Chair and writing a letter telling the members she could not do
anything for them. She then noted it was not for them, it was to them from her.
Ms. Lien read the letter that outlined the alleged misconduct.
Ms. Lien indicated she was not told she could go to Mr. Palzer she said she was told to go
to Ms. Bender. She then indicated that she feels she should have been able to see the
wheels park to completion and said she had expressed that to Council.
Ms. Lien then read a sentence from a memo sent to the Parks and Recreation Committee
from Council that stated that the wheels park is a large project and staff is to continue to
order equipment, etc.
Ms. Lien indicated that she is not the only one responsible for helping people at the
window and said all staff members do so, including Ms. Bender.
Ms. Lien questioned who had determined that her actions were antagonistic. She then
said she was not doing anything anyway and said she felt it necessary to help the
Committee Member for a few minutes rather than refuse to help him so he had to
completely start over with the project.
Ms. Lien then noted that she was written up for calling in sick on the day before the Fete
des Lacs festival. She then reminded Council that staff was directed not to do anything
for the Committees; which would include the Fete des Lacs.
Ms. Lien told Council Member Nelson that, if she saw her riding her motorcycle that
afternoon, she was feeling better. She then indicated that she has the right to call in sick.
Ms. Lien clarified that she had never said Council was a joke she had said the way the
office is running was a joke. She then invited Council to review the videotape for
verification of her comments.
Ms. Lien asked Council why everything Ms. Bender says is true and she is not given an
opportunity to give her version of the truth. She then asked if any Council Members had
witnessed any insubordination.
Council Member Nelson indicated that she had witnessed Ms. Lien being insubordinate.
Ms. Lien explained that the "ranting and raving" that she did when she was fired was her
way of expressing shock and concern because she was not warned of the action. She then
questioned why there was no reprimand. She indicated she did not know what it meant
as she was told she was terminated not placed on administrative leave.
Page 12 of 29
Ms. Lien indicated that, when she was fired, she was very upset and was not sure what
she was fired for. She stated she felt she was treated like a criminal when she did nothing
wrong. She asked why she was asked to leave her keys when she was technically on
administrative leave. She then explained that she was so upset that she grabbed some of
her stuff and ran out the door and completely forgot to leave her keys. She further
explained that after she calmed down she remembered she needed to get the rest of her
things and went back for them. She then noted that later that day the locks were changed.
Ms. Lien said she did not agree with anything written in the letter and stated she felt she
was wrongfully terminated.
Ms. Lien then read a thank you note she had received for helping with the garage sale and
another thank you note given for appreciation of her good work. She noted she had
received a letter on July 17,2001 offering her full time work. She then indicated she felt
she should have been able to follow the wheels park to completion.
Ms. Lien indicated that Ms. Bender had come into her area and witnessed the Committee
Member and her talking and waited until after he left to say she could no longer do
anything for Parks and Recreation and take the things away from her. She then noted that
since staff was directed not to work for Parks and Recreation Ms. Bender has been doing
so.
Ms. Lien indicated that when she was fired she asked to see her personnel file. She
indicated she was told to put her request in writing and when she did so she was told it
would take a couple days to prepare it. She then indicated that the City's own policy and
the Data Practices Act require that the information be made available upon request.
Ms. Lien asked why she was not invited to the executive session where her termination
was discussed. She also asked why the meeting was not posted in the vestibule or
noticed in the paper. She then asked whether her termination was a unanimous decision.
She further noted that Council is legally required to put its motions in the minutes of the
meeting and to indicate the votes.
Ms. Lien again asked if the decision was a unanimous decision. She then noted that
Council needs to put the information into its minutes. She then said she would like a
copy of the minutes when they are amended and stated that she would like her job back.
Ms. Lien stated that, at the meeting, she had indicated it takes her 10 to 15 hours to
prepare minutes while being interrupted by all the day to day tasks and, that in her
opinion, it would take a committee member who has never done them 20 hours. She then
stated that somehow the information was misconstrued that she spends 20 to 30 hours a
week working for Parks and Recreation. She then clarified that Council has incorrect
information and said she spends 50 to 60 hours per month on Parks and Recreation.
Page 13 of29
Ms. Lien indicated that she feels her termination was totally unjustified as staff was told
they could come to Council with any concerns and she was punished for doing so.
Ms. Lien told Council that people have asked her why she would want to come back to
work for the City. She then indicated she wants her job back because she loves her job,
she is good at her job, and because she does not feel she deserved to be fired. She further
stated she did work above and beyond what she was being asked to do and was punished
for it. She also stated that Mr. March had encouraged her to do work for Parks and
Recreation. She went on to state that it is a matter of principal, right and wrong, ethics
and justice.
Mayor Swedberg thanked Ms. Lien for her comments.
There was a brief recess to allow the videotape to be changed at 9:05 p.m.
Ms. Buckbee, 7381 Peltier Circle, indicated she took exception to Council violating the
open meeting law. She then indicated that an executive session requires posting three
days prior to the meeting. She also noted that when Council adjourned to go to the
executive session it is required to state the reason why the meeting is being closed and
that was not done.
Ms. Buckbee also indicated that the minutes need to show motions made and a vote on
those motions. She then indicated that holding a meeting is the most civic duty there is
and it is inappropriate to go behind closed doors or e-mail each other back and forth.
Ms. Buckbee then asked for a copy of the documentation used to determine that Ms. Lien
should be terminated.
City Attorney Hoeft indicated that whether the City Council violated the open meeting
law will be determined at another time. He then stated that, if Ms. Buckbee's request is
made in writing, the information would be made available to her.
Ms. Buckbee indicated she wanted to see the information Council based its decision on.
City Attorney Hoeft told her to read the letter hehad submitted to Ms. Lien's attorney.
Ms. Buckbee indicated that Mr. Hoeft's letter was drafted after the special Council
meeting where it was determined that Ms. Lien should be terminated. She then indicated
that she wanted the information that Council used to make its decision at that meeting.
City Attorney Hoeft indicated he understood her request.
Ms. Buckbee asked if there was any information at that meeting.
City Attorney Hoeft indicated he used information to create his letter.
Page 14 of29
Ms. Buckbee asked why a resident was denied a request for that information when they
came to City Hall.
City Attorney Hoeft indicated he understood her request.
Ms. Buckbee asked if she needed to file a complaint with the Court of Appeals.
City Attorney Hoeft indicated that was not releYll,nt to the matter at hand.
Ms. Buckbee stated she felt it was very relevant as Council cannot violate the open
meeting law. She then said that Council is supposed to be running the City for the
residents not for themselves.
Mayor Swedberg noted Council is relying on the advice of its counsel.
Ms. Buckbee stated that the most important thing for Council to know is the rules of the
open meeting laws.
Chris Lien, Jill Lien's husband, indicated that it seems there is some awful dirty or shady
business going on at City Hall. He stated he was with Jill when she asked for more work
from Council and then listened as Council approved the hiring of a temporary worker.
He noted she was out for one week on medical leave and one week on vacation and when
she returned she was fired. He then asked if Mayor Swedberg knew the termination was
commg.
Mr. Lien indicated that Ms. Bender was at the meeting where Jill was fired but has not
been at any other meeting. He then stated he feels Council Members got their egos
"busted" and it "pissed them off'. He further stated he feels Council has no reason to fire
her as there was no insubordination.
Mr. Lien questioned why no information was provided to their attorney until the day
before this meeting. He then stated that the Council has a responsibility to serve the City.
He further stated that Council has broken several laws and then asked Council Members
if they were comfortable running the City that way and living that way.
Ms. Deb Nelson, 7164 Mill Road, indicated that it appears to her that there was a conflict
with people at City Hall. She then suggested that somebody went too far and it appears
to her that, in order to save taxpayer dollars, Council should correct the situation. She
then urged Council to fix it and fix it quick before it gets worse.
Mr. Tom Cannon, 1818 Hayfield Road, indicated that he is proud to tell residents that his
neighbor was instrumental in bringing the skate park to the City. He then stated that he
feels there are small town politics involved and he feels that Ms. Lien should be given her
job back.
Ms. Deb Nelson commented she would like to ban outside smoking on taxpayer dollars.
Page 15 of29
Mr. Wilharber of 6849 Centerville Road indicated that Ms. Lien came to work for the
City in March of 1997 and he was mayor at that time. He then said that, as mayor he
used to stop in quite a bit and could observe the employees as they assisted residents. He
further stated that if an employee was not doing well residents would call him and he
never had a complaint about Jill.
Mr. Wilharber indicated that Mr. March would have talked to him if he was concerned
and he never brought any complaints to his attention. He then indicated that Ms. Bender
does help residents at the window as well. He further indicated that from March of 1997
until he left office in December of 2000 he did not receive any complaints concerning
Ms. Lien and said it seems funny to him that all of the sudden now that Mr. March is
gone there would be a problem.
Council Member Capra indicated she would like to submit a letter from a resident that
could not be at the meeting.
City Attorney Hoeft reviewed the letter and indicated that Mayor Swedberg could read it
into the record.
Mayor Swedberg read a letter from Theresa Brenner. It read as follows:
Dear Honorable Mayor and Council Members,
I am writing to support your decision to terminate employment
with Jill Lien. Since Ms. Lien has chosen to appeal this decision
in an open meeting, I would like to state why I think it is an
appropriate decision.
Ms. Lien was previously involved in a serious incident of
misconduct as a City employee. I was a Council member
when the incident occurred in September 1998. The incident
involved a verbal and physical altercation with another staff
member at City Hall during office hours. For her part in the
incident, Ms. Lien was suspended without pay for one week
and placed on disciplinary probation. The City attorney, Mr.
Hoeft, can verify this and provide more information.
I believe the Council that I was on was very generous in giving
Ms. Lien a second chance. That's why I'm so disappointed
to see she has been disruptive and disrespectful again. It would
set a bad example for her to remain and risk continued disruption
of City operations, especially with a new administrator. I think
you made a good decision and should not change it.
Sincerely,
Page 16 of29
Theresa Brenner
Ms. Lien asked for permission to respond to the letter.
Ms. Lien noted that she was surprised that Ms. Brenner would bring up the matter when
the altercation was directly related to her. She then explained that another City employee
had yelled and berated her because she did not tell Ms. Brenner that she could not use the
postage meter for the type of mail she was running through it.
Ms. Lien indicated that when she told this other employee that it was not her place to
correct a Council Member the employee pushed her and forced her to defend herself. She
then indicated that the other employee involved was terminated and she was given
suspension which she did not contest because she was happy that the other employee
would not longer be a problem at the office.
Ms. Lien stated she feels she is a good employee and said she does not know why she has
to continue to defend herself. She then noted that the letter of reprimand should have
been removed from her file.
Mr. Corwin stated that it is typical of Council to request that only relevant matters be
discussed at this hearing and then, without advance notice, provide a letter from a
resident concerning a past issue. He further stated that the past matter is completely
irrelevant and was not considered when she was terminated.
Mayor Swedberg questioned whether, if a citizen wants to bring information before
Council in an open session, Council can refuse to accept the information.
City Attorney Hoeft indicated that Council may accept the information.
Mayor Swedberg asked if anyone had anything new to share with Council.
Ms. Buckbee of 7381 Peltier Circle indicated that she feels Ms. Brenner's letter is sour
grapes and noted that, if Council reviewed the minutes from the meeting where Council
voted on discipline for the actions in 1998, Ms. Brenner was in support of the actions.
She then noted that Ms. Brenner had not voted at that time to terminate Ms. Lien's
employment and said she feels it is inappropriate to bring it up now.
Ms. Buckbee stated she felt Ms. Lien was very disciplined and modified her behavior and
noted there were no other instances of insubordination as is outlined in the personnel
policy.
Ms. Deb Nelson stated she felt the letter was written by Ms. Brenner because she has a
personal issue with Ms. Lien which is irrelevant to the present matter.
Page 17 of29
City Attorney Hoeft indicated that later in the agenda the Council would recess to the
executive session.
Council Member Broussard Vickers inquired as to whether the executive session would
be open or closed.
Mr. Corwin indicated that, if Council recesses to a closed session to vote, they would be
knowingly violating the opening meeting law. ,He further stated that he would sue the
City and each individual Council Member because they would be libel.
Council Member Broussard Vickers indicated she would like to research the information
received from Mr. Corwin concerning violation of the open meeting laws. She then
indicated that she was not comfortable making a decision at this meeting.
Mr. Corwin indicated that a written request for data was submitted and that request was
refused.
Mayor Swedberg told Mr. Corwin that Council had heard his opinion on the matter and
was aware of his concern.
Mr. Corwin told Council that proceeding to an executive session for a vote would make it
an intentional act because Council has been made aware that it is illegal to do so.
Mayor Swedberg indicated that Council relies upon its counsel and accepts his advice
because they are not attorneys. He then indicated that Mr. Hoeft and Mr. Corwin appear
to have a difference of opinion as to how the law reads.
VI. CONSIDERATION OF MINUTES
1. August 22. 2001 Council Meeting Minutes
Council Member Nelson requested the following changes: On Page 5 of 10 please
change the reference from "he" to "she".
Council Member Capra requested the following changes: On Page 2 of 10 indicate that
Mr. Brainard put up barricade in the cul-de-sac near his home. On Page 5 of 10 change
the word "account" to "amount". On Page 9 of 10 indicate that the EDC had requested a
letter of support from Council.
Council Member Broussard Vickers indicated that Council recessed to an executive
session at 8: 10 p.m. and requested that the minutes be amended to show that.
City Attorney Hoeft confirmed that Council did not adj ourn at 8: 10 but went into an
executive session.
Page 18 of29
Council Member Broussard Vickers indicated that she had made the motion to adjourn
and Council Member Travis had seconded the motion. She then noted that Council
reconvened at 9: 15 and adjourned the meeting at 9: 16 p.m.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve the August 22. 2001 Council Minutes as amended. All in favor. Motion
carried unanimously.
2. August 22, 2001 Executive Session Meeting Minutes
Council Member Nelson indicated she had agreed to do minutes for the executive session
and then distributed the minutes to Council. She then noted that Council had not
reviewed the minutes and further noted that an unapproved copy had been given to Ms.
Lien.
City Attorney Hoeft asked that Council not approve the minutes because they would be
involved in the discussion later.
Motion by Council Member Nelson, seconded by Council Member Capra to table
the approval of the August 22. 2001 Executive Session Council Minutes. All in
favor. Motion carried unanimously.
VII. PETITIONS AND COMPLAINTS
None.
VIII. OLD BUSINESS
1. Ground Development (Pheasant Marsh Final Plat)
Council Member Travis indicated Council had received a marked up copy of the
development agreement that did not have numbers.
City Attorney Hoeft indicated that Council would not be approving the development
agreement at this meeting and explained that the preliminary numbers would be
explained later in the meeting.
Mr. Hannah indicated that he and the City have been working on the developer's
agreement and they were informed late in the day of the numbers the City wants to use
for private improvements. He then indicated that his owner wants to have a chance to
look at the numbers before agreeing to them.
City Attorney Hoeft reviewed the developer's agreement with Council and indicated that
one of the issues Council needed to consider is whether it wants to require the 150%
Page 19 of29
retainage in the contract as the developer's attorney has indicated they would prefer a
110% retainage.
Mr. Hannah indicated he was concerned with the completion date of December 31, 2002
as he is not sure it is realistic to have all the lots sold and all the improvements made by
that date. He then indicated they would like the City to consider moving it out as much
as a year especially considering they would not be starting to market or sell houses until
Spring.
Mr. Hannah indicated that he had received a minor change from Ms. Bender on Page 3
which he read for Council. He noted the language had to do with the builder being
allowed to construct model homes without having to have the bituminous in on the
roadway.
City Attorney Hoeft indicated the language for that had come from the City Engineer and
said he did not have an issue with it.
City Attorney Hoeft indicated there is a new state statute that has come into effect that
says that a developer can be required by the City to waive the right to appeal the special
assessment. He then indicated that the City needs to set a number for the assessment in
the developer's agreement and suggested using the number from the feasibility study.
City Attorney Hoeft ~ndicated that the City Engineer has indicated that an adequate
contingency has been built into the feasibility number making it very unlikely that the
amount would exceed the feasibility study number.
Mr. Hannah indicated there had been a suggested change to Page 6.
City Attorney Hoeft indicated the suggested language had come from the City Engineer
and indicated he had no problem with it.
City Attorney Hoeft questioned whether the developer was being asked to pay a straight
park dedication fee and said he did not have numbers for that.
Mr. Hannah indicated that the numbers were 22 lots at $1,800 per lot.
Council Member Broussard Vickers noted the park dedication fee may be raised at the
January meeting and asked if the numbers for the park dedication fee should be
determined after the increase.
City Attorney Hoeft indicated that the park dedication fee at the time of approval of the
developer's agreement would need to be used.
City Attorney Hoeft inquired as to whether the storm water fee had been calculated. Mr.
Palzer indicated that they had.
Page 20 of 29
Council Member Broussard Vickers questioned whether there was a provision in the
agreement to assure that all required actions of the developer will be completed. She then
noted that in previous developments there have been problems getting the developer to
complete the projects.
City Attorney Hoeft indicated that the retainage amount is held to ensure that, if the
developer does not complete the project, the City has money to have the work completed.
He then indicated that, in the past, the retainage has been reduced too quickly and the
closer to the end of the project the fewer funds that are available.
Council Member Broussard Vickers inquired as to whether there was a provision in the
agreement calling for an inspection of the final grade in order to assure there would not
be any drainage issues. She then noted that, in the past, final inspection of grade has not
been done and has resulted in drainage issues.
City Attorney Hoeft indicated that there is a provision in the agreement to cover the final
inspection of grade.
Mr. Peterson indicated that bids were opened for the utility and street improvement
project on September 11, 2001. He then indicated that the low bid of $726,615.90 was
submitted by Park Construction Company. Mr. Peterson then indicated that, since the bid
of Park Construction Company was within 4% of his estimate he recommended awarding
the bid to them.
Motion by Council Member Nelson. seconded by Council Member Travis to award
the bid for utility and street improvement to Park Construction Company with a
bid of $726.615.90. All in favor. Motion carried unanimously.
2. Search Process and Plan for the Vacant City Administrator Position (Update)
Council Member Nelson indicated she had received from Sathe Executive Search a
schedule for the interviews for the City Administrator position. She then explained that
Sathe Executive Search had requested that Council ask each candidate the same questions
and then provided Council with a copy of the sample questions.
Council Member Nelson indicated that the interviews would be held at City Hall and at
the church school room at St. Genevieve.
Mr. Wilharber suggested using the fire hall training rooms because they are much closer
to City Hall.
Council Member Nelson indicated she would check to see if they could use the fire hall
training room.
Ms. Buckbee reminded Council that the interviews needed to be posted.
Page 21 of29
Ms. Buckbee noted the meeting was not posted in the vestibule.
3. Rain Water Gardens
City Engineer Peterson indicated that there were grant programs available to fund the rain
gardens and suggested that Council investigate the matter.
Council Member Capra indicated she had spok~n to Mike the intern and he indicated he
would be willing to research obtaining the grants.
4. Turcotte Property (Update)
Council Member Capra asked if the City would attempt to sell the property. Mr. Palzer
indicated that he had requested quotes for moving the house.
5. Quad Cities Police Update
Mayor Swedberg noted that the City has been invited to participate in meetings to discuss
the Quad Cities Police Force. He then noted he would be able to attend the meeting on
September 13, 2001 and asked that another Council Member volunteer to attend the
meeting on September 17,2001 as he is unavailable.
Council Member Capra noted that Lino Lakes and Circle Pines have decided not to attend
the meetings.
Mayor Swedberg indicated he feels Centerville should have a representative at the
meetings in order to keep the City informed and to provide information for the City to
base a decision on.
Council Member Capra noted that Circle Pines and Lino Lakes have elected not to
participate in the meeting because those cities feel it is the responsibility of elected
officials to decide how to best distribute services to their citizens not the police
commISSIOn.
Council Member Nelson agreed that she would rather have Council make the decisions
not the police commission.
6. Wheels Park Pay Phone
Mayor Swedberg indicated Council had received a letter from the Police Chief
recommending that Council not put a pay phone at the wheels park.
Council Member Broussard Vickers indicated that the Parks and Recreation Committee
had discussed the matter and respectfully request that Council reconsider the pay phone
request as the Committee feels it is necessary.
Page 22 of 29
Council Member Capra indicated that Mr. Lee, from the Parks and Recreation
Committee, had asked her if it was possible to check to see if other cities have payphones
in their parks. She then noted she had discovered that Vadnais Heights has phones in a
lot of their parks and have had only limited reports of vandalism or problems.
Council Member Broussard Vickers suggested putting the phone in the park and
monitoring to see if there are issues. She then suggested' that if there are too many
problems with the phone it can be removed. She further noted that due to other problems
with the wheels park the City is considering shutting it down.
Council Member Broussard Vickers explained that there are a few individuals causing
problems at the park by not allowing younger children to play, there was a graffiti
incident, and concern for behavior in the penalty box. She further noted that the Parks
and Recreation Committee is very disappointed in the behavior of these individuals and
has said that if the behaviors continue the park will be closed.
Motion by Council Member Broussard Vickers. seconded by Council Member
Capra to approve installation of a payphone at the wheels park. Ayes - 4. Nays -
l(Travis). Motion carried.
Mayor Swedberg noted he had spoken to the Community Service Officer who suggested
it may be appropriate to hire an attendant to monitor behavior at the wheels park.
Officer Bernardi indicated that over time the police would figure out how to handle the
wheels park. He then indicated that the police have had issues with a couple of
individuals that have been identified and steps are being taken to remove those
individuals from the park through the court system.
Mayor Swedberg asked whether an identification bracelet or an armband would assist
officers.
Officer Bernardi indicated that over time it will sort itself out. He then indicated that the
Community Service Officer from Lino Lakes is down at the wheels park quite often and
has said when he is there he has no problems but when an adult is not present there are
Issues.
Mr. Wi1harber indicated that the City has hired attendants to monitor behavior at its
skating rinks and suggested the City do so for the wheels park. He then indicated that he
walks his dog down there and noted that when there is an adult in the area the behaviors
stop but as soon as the adult leaves it starts up again. He also expressed concern for the
hours at the wheels park suggesting that kids are there late and then walking or skating
home in the dark.
Council Member Broussard Vickers indicated that the City will need to do something and
then said the Parks and Recreation Committee would like to wait and see how things go
Page 23 of 29
in the next few weeks because it is almost time to bring the equipment in to prepare for
Winter.
Council Member Capra asked at what point the equipment would be removed from the
park. Mr. Palzer indicated he intended to have the equipment removed from the park in
the middle of October.
Council Member Broussard Vickers noted the City could pull the equipment at anytime if
the situation warrants.
Jim Kline of 7162 Miller Road suggested waiting it out and hoping the behavior mitigates
because he feels that closing the skate park gives those with the behavior issues the
power they are looking for.
Ayes - 4. N avs - l(Travis). Motion carried.
IX. NEW BUSINESS
1. Resolution 01-016 Proclaiming the Month of October 2001 Domestic Violence
Awareness Month
Motion by Council Member Broussard Vickers. seconded bv Council Member
Capra to waive the reading and approve Resolution 01-016 as presented. All in
favor. Motion carried unanimously.
2. Resolution 01-017 Adopting 2001 Tax Levy, Collectible in 2002 and Proposed
2002 Budget.
Mayor Swedberg read Resolution 01-017 because it had been slightly amended. He then
noted that state law requires that cities set a proposed levy limit.
Council Member Broussard Vickers asked why the language in the Resolution was
changed and noted she preferred the way it was written at first.
Council Member Nelson indicated she liked the change to the Resolution as it clarifies
the new state requirements.
Motion by Council Member Travis. seconded by Council Member Nelson to
approve Resolution 01-017 as presented. Ayes - 4. Nays - l(Broussard Vickers).
Motion carried.
Mr. Wilharber acknowledged that the budget received was a preliminary budget but
expressed concern for the significant increase in expenditures. He then indicated he
would like to see clarification of some of the items.
Page 24 of 29
Mayor Swedberg indicated that the numbers are preliminary and would be finalized later
in the process.
Mr. Wilharber questioned whether the City intended to hire another individual in public
works. He also noted that the Police Chiefs vision budget was not included and further
noted that by working through various programs the City would be able to obtain two
more officers and a Community Service Officer for only $14,000.
Mayor Swedberg indicated that he would check to make sure that the City had the correct
information submitted by the Police Chief. He then indicated that there was nothing
concrete about the budget numbers.
Mr. Wilharber indicated that, in his experience, once the numbers are established the City
normally does not back off too much and right now the City is looking at a tremendous
increase to taxpayers.
3. Ad Hoc Communications Commission Request
Council Member Broussard Vickers indicated she was not interested in hearing any
req~ests for additional mqni~s tonight as Council just voted to appr?ve a very substantial .4--'0
tax Increase. ~ ~~. W(~ "-(:;.. ~ ~. J. 7~ t'V\.&->'~ ~
o tlvdi'\.I.A ,-~J LCu.) ~ ~ ,
Motion by Council Member N elst. seconded by Council Mem er Broussard
Vickers to table the Ad Hoc Communications Commission Request. All in favor.
Motion carried unanimously.
4. Keys to City Hall
Council Member Nelson indicated that Ms. Bender has asked Council to determine which
employees should have keys to City Hall. She then noted that, in the past, staff has had
keys to the front door and the office door, public works has had a master key to all doors,
and Committee Members have had the key to the front door only.
Council Members Broussard Vickers and Travis indicated they did not need a key to City
Hall.
Ms. Buckbee reminded Council that staff is no longer allowed to attend committee
meetings.
It was the consent of Council to offer keys to staff members, and the chairs of the EDC,
Parks and Recreation, and Fete des Lacs Committees. Council also agreed by consent to
provide public works with a master key. 0~ EDC-) ') ~e- j \ +- 7--) 1=".Jl-b ~ J2~
Page 25 of 29
5. Officer Gleason Request to Use City Hall for Training Session
It was the consent of Council to allow Officer Gleason to use City Hall for a training
program on September 22, 2001.
x. CONSENT AGENDA
1. The City ofCenterville August 9, through August 22, 2001 Expenditures.
2. Centennial Fire District Expenditures
3. Pay Request #2 - LaMotte Park ($61,189.27)
4. Final Pay Request - Lift Station #2 ($8,500.29)
5. SunRamp Solutions, Inc - Wheels Park ($12,952.20
6. Earl F. Anderson, Inc. - Wheels Park ($26,222.88)
7. Sathe & Associates Executive Search - Administrator ($5,698.37)
Council Member Travis requested that Item 3 be removed from the Consent Agenda for
discussion.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve Consent Agenda Items 1. 2. 4. 5. 6. and 7 as {>resented. All in favor.
Motion carried unanimously.
Council Member Travis indicated he was concerned that the costs for the project were
much higher than the estimate. He then asked if it was possible to renegotiate the unit
price because the costs were more than 5% over the estimate.
Mr. Peterson indicated he was not sure but said he could research the matter.
Council Member Broussard Vickers asked if the City would have recourse against the
prior engineer because the soil was not as it was expected to be.
Mr. Peterson explained that there was an excessive layer of clay that had to be removed
that was thicker than expected. He then indicated he did not think the City would have
recourse against the former engineer because the City was having trouble in that area and
dug it and filled it with sand and put the clay back.
Council Member Broussard Vickers asked the City Attorney if the City could renegotiate
the unit price. City Attorney Hoeft indicated he would need to review the contract.
Motion by Council Member Nelson. seconded by Council Member Capra to table
pay request #2. LaMotte Park for further research. All in favor. Motion carried
unanimously.
Mayor Swedberg was not present for the vote.
Page 26 of 29
XI. COMMITTEE REPORTS
Council Member Broussard Vickers reported that the Planning and Zoning Committee
intended to review several proposed changes to Ordinance 4 at its next meeting.
Council Member Broussard Vickers reported that the Parks and Recreation Committee is
concerned about its budget and the wheels park.
Council Member Capra reported that the Shea Architect Group will be meeting
collaboratively with the EDC, Planning and Zoning, and Parks and Recreation
Committees on September 18, 2001 with regard to the commercial property out by the
interstate.
XII. PUBLIC WORKS DIRECTOR'S REPORT/CLERK/TREASURER'S REPORT
Mr. Palzer reported that the pump at Well Number 1 was hit by lightning but has been
replaced. He also noted that public works has adjusted the phases today because it was
pulling too many amps and said he hopes to have it up and running by the end of the
week.
Mayor Swedberg indicated there was a letter from a resident in the packet requesting a
vacation of a road.
Council Member Capra indicated the letter was in Council packets for information
purposes and noted that the matter would be before Planning and Zoning before coming
to Council.
Mr. Palzer indicated that the resident wanted the City to vacate the road in front of his
garage and give it to him. He then noted that if the City were to vacate the road half of
the roadway would be given to him and half to the adjoining property owner.
Mr. Hoeft indicated there is a specific statutory procedure to follow.
Mr. Palzer indicated that the resident has indicated that he wishes to receive the majority
of the property if the City vacates the roadway and has said he may not want it vacated if
he would only receive half as he would not be able to access his garage.
Mr. Hoeft suggested that Mr. Palzer discuss the matter with the resident and explain to
him what would happen if the City vacated the roadway. Mr. Pa1zer indicated that the
other property owner has expressed an interest in vacating the property and receiving
half.
Mayor Swedberg indicated Council would be recessing to the closed session.
Motion by Council Member Nelson. seconded by Council Member Capra to recess
to the executive session.
Page 27 of 29
Council Member Travis asked if Council needed to state why it was going into closed
seSSIOn.
Mr. Hoeft indicated that Council would be gomg into closed seSSIOn to discuss
information provided by Ms. Lien.
Council Member Broussard Vickers noted that !vis. Lien's attorney had indicated that she
was denied her Laudermill hearing and asked City Attorney Hoeft if this meeting was
that hearing. City Attorney Hoeft indicated that it was.
Mr. Hoeft indicated that Council would be discussing Ms. Lien's employment with the
City.
Council Member Capra asked if Council needed to indicate it would be discussing the
minutes from the executive session on August 22, 2001.
Mr. Hoeft indicated that Council would be discussing Ms. Lien's employment with the
City.
Mr. Kline asked Council to move carefully on this matter because, even if Council were
to win, it would be at great expense to the taxpayer. He then stated that, from a citizen's
point of view, he feels she was wronged.
Ayes - 4, Nays -1 (Broussard Vickers). Motion carried.
-de-Council recessed to the executive session at 10:55 p.m.
~t
Mayor Swedberg called the meeting to order at 11 :00 p.m.
PRESENT: Mayor Tim Swedberg
Council Member Dick Travis
Council Member Mary Capra
Council Member Mari Nelson
Council Member Linda Broussard Vickers
STAFF: City Attorney, Jim Hoeft
Discussion was conducted regarding the work performance of Ms. Lien and the information
from the appeal process during the regular Council Meeting previously.
Mayor Swedberg closed the meeting at 12:25 a.m. ~J1 ~ 13 J 200 (
Motion by Council Member Broussard Vickers. seconded by Council Member Travis to
reconvene the regularly scheduled Council meeting of September 12, 2001 from an
executive session of the same date. All in favor. Motion carried unanimously.
Page 28 of 29
Motion by Council Member Capra. seconded by Council Member Travis to approve the
Executive Minutes of August 22. 2001. Executive Session as corrected. All in favor.
Motion carried unanimously.
Council Member Broussard Vickers requested a copy of the approved minutes of the August 22,
2001 executive session be provided to Ms. Lien the following day.
Motion by Council Member Nelson, seconded by Mayor Swedberg to terminate Ms. Lien's
employment with the City effective immediately. All in favor. Aye - 3, (Mayor Swedberg.
Council Members Capra and Nelson). Nay - 2. (Council Members Broussard Vickers and
Travis) Motion carried.
XIII. ADJOURNMENT
Motion b Council Member Broussard Vickers seconded b Council Me er
Travis to adjourn the September IX 2001 City Council Meeting at 12:45 a.m. All in
favor. Motion carried unanimously.'-(}t-
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 29 of 29
~
~ 13-{ lC<;/
Teresa Bender
From:
Sent:
To:
Cc:
Tim and Beth Swedberg [mayacat@qwest.net]
Monday, September 17, 2001 6:18 AM
Paul Palzer
Teresa Bender; MARl NELSON; Linda Broussard-Vickers; Dick Travis; Mary Capra; Tim
Swedberg
Citizen Concerns
Subject:
Council FYI -- No reply needed
Friday I received calls from a Mr. Moe. His wife hit one of the water
valve covers on Brian Drive about 11 :25 AM on Friday. The valve cover
popped up and did some minor damage to a new car. I know the City has
been cleaning out these valves and it seems reasonable to pay for the
claim. How would we normally handle such a claim?
Does Mr. Moe get 3 estimates? Paul if you could take the lead on this
so I can get an answer back to Mr. Moe I would appreciate it.
The second item is a followup on Mr. Larry Woiak at 6925 Centerville
Road. We received a complaint on 7/20/01 and Mr. Woiak called me on
Friday evening also. I went to his residence on Saturday and visually
inspected his concerns.
1. Hunters Crossing water installation altered the grade on both sides
of his driveway to the point that water runoff now ponds where before it
flowed to the south.
2. The sod that was replaced never took. This man is quite the gardner
nd if he couldn't keep it alive I doubt anyone could.
. The construction crews took about 8' of day Iillies out and never
replaced them.
4. A water system cleanout is above grade instead of at grade causing a
mowing problem.
5. Ruts from equipment were never smoothed out in his yard.
6. Mr. Woiak is asking for his yard back in the original condition it
was before construction started.
I have concerns that the expectations of homeowners inpacted by a
construction project to return their property to a like condition after
construction are not being met. Paull want to schedule a phone
conference with Dan Schulander of Bonestroo to discuss this issue. In
my estimation this job needs to be revisited and completed to Mr.
Woiak's satisfaction. A major concern of mine is that this is a 1 year
timespan problem. Let's get this one fixed right.
Mr. Woiak at this point wants assurances. He is not interested in
repeating a fall soding that leads to more weeds.
He does feel quite frustrated and I share his frustration. Paul if you
would take the lead on this one also.
Council members this is for information only per our complaint process
of informing all members. I would like these items on the next Council
Agenda.
Tim Swedberg
1
Date: September 19, 2001
Memo to: Honorable Mayor and Council Members
From: Mike Duffek - City of Centerville Intern
RE: Rain Garden Grant.
The Metropolitan Council has recently announced the availability of a grant program to
fund alternative storm water conveyance systems; i.e. "Rain Gardens". Four grants of
$50,000 each will be awarded. I would like to inform you that I have recently submitted
an application on behalf of the City of Centerville in hop~s to obtain one of these four
grants. It is anticipated that these alternative conveyance systems will generate less storm
water volumes and improve the water quality of the runoff over conventional curb and
gutter systems.
What are "Rainwater Gardens?"
"Rainwater Gardens" are a storm water management strategy that has been developed by
a team of landscape architects and engineers. The gardens are planted swales that help to
capture and filter storm water. The plantings are designed to be colorful and attractive,
and an asset to the surrounding neighborhood.
How are the Gardens Built?
The steps in building the Rainwater Gardens include the following:
· Ifneeded, a swale or collection area is graded on the site (this would not be
necessary in Centerville, as the swales already exist). The gardens are
typically 6 to 12 feet wide, and have been a variety oflengths depending on
the site-from 30 to 300 feet long.
· Existing vegetation is removed or killed with an herbicide application.
· Water-tolerant flowers and native grasses are seeded in the garden. These are
species that would have been found in wet prairies and meadows in our
region. We select colorful species that are attractive to birds and butterflies,
as well as people. Typically they are 1-3 feet in height, so they look tidy, like
perennial garden plants.
· Some projects choose to add 1-2 year old plants to the seeding. The planting
flowers and matures sooner with the addition of small plants. The City could
choose to add these plants, or provide plants or plant lists to homeowners and
allow them to supplement the seeding.
If seeding is used, some plants will flower the first year, and the planting will take
approximately 3 years to reach full bloom. The planting will look more mature sooner if
plants are added.
What maintenance is required?
The prairie plants are slow to grow in the spring (they know that Minnesota can have
some cold spring weather!). Often weedy plants will germinate first and grow above the
prairie flowers. We recommend that the planting be mowed once in the spring
(usually between June 1 and 15) for the first several years. This should occur when
the weed species are about a foot tall, and before they create seeds. The mowing will
expose the prairie plants to more light so they can overtop the weeds, and will keep the
weeds from seeding and becoming a long-term problem. Ifweeds are a problem later in
the first year, the planting can be mowed again around September 1. The planting should
be mowed or weed-whipped to a height of 4-6 inches each time. Homeowners may also
hand weed some problem plants, though we have found that mowing takes care of
common weeds.
"
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Teresa Bender
From:
Sent:
To:
Subject:
Mari Nelson [sbi@mninter.net]
Sunday, September 16, 2001 7:35 AM
Teresa Bender
RE: Center Street Drainage
Teresa:
Please add to agenda for next regular council meeting.
Mari Nelson
Centerville City Council Member
mari@RK7.com
Simply Bookkeeping, Inc
http://www.sbi.rk7.com
-----Original Message-----
From: KOkan@csom.umn.edu [mailto:KOkan@csom.umn.edu]
Sent: Friday, September 14, 2001 9:32 PM
To: sbi@mninter.net
Cc: lisa.hippe@compaq.comi cgailu@aol.com
Subject: Center Street Drainage
.ari,
I wanted to follow up on our request of the City Council earlier this
Summer. Even though I have not been able to attend City Council meetings I
still have been checking agenda's to see if anything has been mentioned
about the water problem on Center Street.
The only thing that I have seen in the nearly 2 months since I last
attended a meeting was the rainwater gardens. After reading over the
information you sent to me in a previous email I noticed that this would
not be a solution for us since the necessary plants for the rainwater
garden require direct sun. Our backyards are very shady.
Whatever happened to the report the contracted engineers were supposed to
supply about our drainage issues? We are quickly approaching another
Winter that is bound to bring on another soggy Spring of flooded backyards.
The attention to this matter by the City Council would be greatly
appreciated. Thanks again!
Sincerely,
Keith Ok an
1841 Center Street
Centerville, MN 55038
1
I
/
/
Memo
20 September, 2001
To:
Honorable May Swedberg and Council
,,""'-1
'~")
Paul Palzer, Public Works Director/Building Official i~~
From:
Re:
Sheehy Property
I met with Sy Sheehy and he withdrew his offer of $56,xxx.00 for the fifteen acres
located on 20th Avenue south of Comfort Plus Heating. His reason is because the City
did not get back to him until a year after he had made the offer. As you recall, the
Council did approve the offer in September of 2000.
Sy is currently willing to exchange the southern nine acres for the entire remaining
assessment of$87,xxx.00 as shown on the plat layout. Mr. Goetz has offered Sy
$60,000.00 for the northern six acres. The northern six acres contains 90% of the land
that is not in the flood plain. Mr. Goetz's offer was not a cash deal and the entire
assessment would have to be paid prior to subdividing the property.
The Council needs to assess the City's interest in the property and determine if they
would like to acquire the entire fifteen acres or a smaller portion. I believe a deal can still
be negotiated if the City has an interest in the entire parcel.
This site could possibly be used for a future water tower site. Also the western property
line along 20th Avenue has three water and sanitary sewer services provided to the
property, which could be developed into commercial lots. The current offer also included
a twenty-foot easement along the southern edge of the east five acres that Sy will still
own out of the original twenty acres.
If the Council is looking for ways to fund the project, the old public works site along with
the duplex could be sold for $300,000.00 to $400,000.00. Additional monies could be
raised if part of the property was developed as mentioned above. The City Engineer may
want to review the site as to the feasibility of subdividing it into commercial sites.
,
-Yl}J;1
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~~
Motion by Ms. Brenner and seconded by Mr. Travis to approve the set agenda as noted.
1Vlotion carried unanimously.
PETITIONS AND COMPLAINTS
None
UNFINISHED BUSINESS
Special Use Permit (SUP) - Kindergarten Center Rehbein Properties, LLC
:Mr. Gerald Rehbein (Rehbein Properties, LLC) was present to request SUP approval for a
kindergarten center north of Main Street on 20th Avenue. The Council discussed adding
contingencies to the proposed SUP. Specifically, the Council requested the SUP include a chain
link fence to buffer the playground from the ponding area.
lVlotion by Mr. Sweeney and seconded by Ms. Nelson to approve the Special Use Permit
and to incorporate a chain link fence to buffer the playground area from the pond. Motion
carried unanimously.
'-tVater Interconnect
:Mr. Peterson gave a progress report on the water interconnect between the cities ofLino Lakes
and Centerville. Mr. Peterson explained a Joint Powers Agreement (JPA) dated March 20, 1998
was drafted to connect the 70-ft distance between the current pipes. Furthermore, during a phone
conversation, Mr. John Powell (Lino Lakes Engineer) stated the Lino Lakes Council is in
agreement with the current draft copy of the contract and it is ready to be signed. Mayor
Wilharber mentioned the document was not signed because of the associated cost and ultimate
control of the interconnect. :Mr. Palzer noted both cities elected to have a telemetry system which
was a costly feature. Mr. Peterson referred to a 1998 feasibility report which indicated the
telemetry system cost nearly $55,000.
The Council directed Staff and the Engineer to work with Lino Lakes staff to arrive at an
agreement and bring the issue before the Council.
Cedar Street Park
MT. March updated the Council on Ceder Street Park. The County requires tax forfeiture
property to be sold at the current market value. Therefore, if the City elects to transfer the park
designation to another use, then the City will be expected to pay the fair market value for the
parcel. Mr. March noted no action is required since the update was for informational purposes
only.
NEW BUSINESS
Special Use Permit (SUP) - Goetz Landscaping and Irrigation
4
Document Name: a16
,
MSTINT000457JAN21999901
MAS T
YEAR: 1999
33 0002
E R
I N QUI R Y S C R E E N
FEE OWNER:CENTERVILLE CITY OF
TAXPAYER:CENTERVILLE CITY OF
1694 SOREL ST
CENTERVILLE
MN
55038
KEY:00219490
ACCT:E24 31 22
LOC:28
LEGAL:UNPLATTED CITY OF
CENTERVILLE
THE E 410 FT OF S 205 FT
CITY:CENTERVILLE
CREATE: 1983
ACRES:
VALUATIONS
LAND: 21000
*
ASSESSOR:CENTERVILLE CITY OF
1694 SOREL ST
CENTERVILLE
PARENT:
******************** 1998 DATA **************************
* TAX DUE TAX OUTST P/I/C TOTAL DUE
pc:
MN
55038
PP REF:
LND USE:
*
HfPR:
MARKET:
TAX CAP:
*
*
21000
735
*STC:5E
*
*ACT CD:
SPEC:
NOTES: ADJ-N NAL-N DELQ-N *
DESC:
*
BUILDING INFO
TYPE:
BLT: EFF:
IV
LEVY:28012B
CONST:
FUNC: DATA:
MESSAGE:
*********************************************************
DITCH:
COMM DIST:03
BEN ACRES: BEN AMT:
AREA:CEOl INC DST: AG P:
AG CR:
LAST SALE: PCA:4017
ACTIVITY:1995/08/10 STC:5E EXEMPT
SUB:
EXEMPTIONS:EXM
CHAIN:*NONE*
YR: 1999
@
\...
Date: 1/21/1999 Time: 4:10:23 PM
DQcument Name: a16
_.J})"':~~-' -.
, .j
~ ~J ,j :,_' -,J
MSTINT000457JAN21999901
MAS T
YEAR: 1999
33 0002
E R
I N QUI R Y S C R E E N
FEE OWNER:CENTERVILLE CITY OF
TAXPAYER:CENTERVILLE CITY OF
1694 SOREL ST
CENTERVILLE
MN
55038
KEY:00219490
ACCT:E24 31 22
LOC : 2 8
LEGAL:UNPLATTED CITY OF
CENTERVILLE
THE E 410 FT OF S 205 FT
CITY:CENTERVILLE
CREATE: 1983
ACRES:
VALUATIONS
LAND: 21000
*
PC:
ASSESSOR:CENTERVILLE CITY OF
1694 SOREL ST
CENTERVILLE
PARENT:
DATA **************************
P/I/C TOTAL DUE
MN
55038
PP REF:
******************** 1998
* TAX DUE TAX OUTST
LND USE:
*
*
IMPR:
MARKET:
TAX CAP:
21000
735
*STC:5E
*
*ACT CD:
SPEC:
NOTES: ADJ-N NAL-N DELQ-N *
DESC:
*
*
BUILDING INFO
TYPE:
BLT: EFF:
1V
LEVY:28012B
CONST:
"I<'UNC: DATA:
MESSAGE:
*********************************************************
DITCH:
COMM DIST:03
BEN ACRES: BEN AMT:
AREA:CE01 INC DST: AG P:
AG CR:
LAST SALE: PCA:4017
ACTIVITY:1995/08/10 STC:5E EXEMPT
SUB:
EXEMPTIONS:EXM
CHAIN:*NONE*
YR:1999
@
Date: 1/21/1999 Time: 4:10:23 PM
~-I
I
COUNTY
OF
ANOKA
Office of Governmental Services Division
GOVERNMENT CENTER
2100 3rd Avenue' Anoka, Minnesota 55303-2265
(612) 323-5680
GENE RAFFERlY
Land Commissioner
Direct 11323-5427
March 26, 1997
Gregory J. Hellings
Attorney at Law
13000 Crooked Lake Blvd
Coon Rapids, MN 55448
Re: City owned parcel 24 31 22 33 0002
Dear Mr. Hellings:
I have your March 18th, 1997 letter at hand. The land in its
present status cannot be sold to a developer. The parcel was
acquired under a restricted deed for the specific public use of a
park. It must be used for that purpose or be reconveyed to the
state which returns it to forfeit status. See MS282.01 Subd. 1d.
For the City of Centerville to obtain an unrestricted deed, which
would allow them to sell to a developer, they must reconvey the
property to the state and make application to acquire the parcel
for a nonspecific public use paying the appraised price as
established by the County Board.
The city council should adopt a resolution directing the mayor
and the city clerk/administrator to execute the necessary
documents to reconvey the parcel to the State of Minnesota and
make application to acquire the property for a nonspecific public
use. Both of these documents (enclosed) can be completed at the
same time and forwarded to me along with the council resolution.
FAX: 323-5682
AffirmatIve ActIon / Equal OpportunIty Employer
.,"~.
TDD/TTY: 323-5289
These actions require approval of the County Board. When I
receive the reconveyance and application documents it will be put
on the County Board agenda for their consideration.
The current assessor's market value on the parcel is $l5,OOO.OO.
Any questions, please call me.
Yours Very Truly,
~?
Gene Raffer~
Anoka County Land Commissioner
Enclosures
GR/sk
c Commissioner Berg
Commissioner Langfeld
Dan Klint
Jim March, Centerville Clerk/Administrator
24 31 22 33 0002
Centerville
Commissioner Langfeld
Department of Revenue SDForm975 (Rev. 11/761
Approved by Attorney General 7-20-69
RECONVEYANCE OF FORFEITED LANDS TO STATE OF MINNESOTA
BY GOVERNMENTAL SUBDIVISIONS
WHEREAS, Pursuant to Minnesota Statutes, Section 282.01, Subdivision 1, the STATE OF
MINNESOT A, as trustee under Minnesota Statutes, Section 281.25, on the 16th day of June_,
19~, conveyed to_ CitL~Centerv~pe Oriqil1al Deed No.: 141732
a governmental subdivision, 'the lands heremafter described, to be used for an authorized public use, and
WHEREAS, Said governmental subdivision *has failed to put such land to the public use for which it
was conveyed~has abandoned the public use for which such land was conveyed, and now desires to
reconvey said lands to the State of Minnesota, as such trustee,
NOW, THEREFORE, This indenture, made this day oL_____ , 19 -,
between City of Centerville____. a governmental subdivision of the
State of Minnesota, as party of the first part, and the State of Minnesota, as trustee as hereinafter set forth,
as party of the second part,
WITNESSETH, That the said party of the first part, in consideration of the premises and other
valuable considerations, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Ouitclaim
and Reconvey unto the said party of the second part all the tract or parcel of land lying and being in the
County of Anoka in the State of Minnesota, described as follows, to-wit:
See attached Exhibit A
in trust as provided by Minnesota Statutes, Section 281.25, upon like conditions and with like effect as if
said lands had not been conveyed to said party of the first part as aforesaid.
TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances
thereunto belonging or in anywise appertaining, to the said party of the second part Clnd its successors and
assigns, Forever.
IN TESTIMONY WHEREOF, Said party of the first part has caused these presents to be executed
in its corporate name by its Mayor
and its and its corporate seal to be
hereunto affixed the day and year first above written.
BvCi)
City of Centerville
Name of Governmenial Subdivision
In Presence of:
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EXHIBIT A
The East 410 feet of the South 205 feet of the Southwest Quarter
of the Southwest Quarter (SW1/4 of SW1/4) of Section 24, Township
31, Range 22 together with an easement over that part of the
South 20 feet of the Southwest Quarter of the Southwest Quarter
(SW1/4 of SWl/4) of Section 24, Township 31, Range 22 lying
between the point where the South line of Section 24 intersects
County Road 54, commonly known as Cedar Street and the West line
of the above described property. This easement shall be
effective only in the event that the grantees herein have no
other access to said County road from the property conveyed
herein.
26 31 22 33 0002
Centerville
Commissioner Langfeld
form' No. 21597-S-1h'p"rlllll'lll ,,\'1''''\\1;'''' F,,""~!,'" !Il
.-
Milll'r-111l\"iH Cu., MinllNlpnliR
-APPLICATION BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF
TAX-FORFEITED LANDS
,1/;I/lI"S(lll/ Sll/lfll,'s /!J.;!I, S,','lin/l. J8.!JJl
In the .lE after of the .lJpplicali/Jn of.........GJt;y...,q.L.c::.~.TIt~IYJJJg............................................................................................,
a Governmental 8u.bdidsion, fol' a Conveyanoe 01 Cert''.lin La.nd.s.
Comes now.... .... ........... . ..........qgy...~t..c:e.~.t.e.IYJ.U.~...........................................................and alleges:
(nam. 0/ subdivIsion)
1. Th4t applicant is a (a).
. G()y.erDJP...~Ilt:.~:)., ..s..~.P'qJyJ.RJ.Q.D........................... ......................................... ....................
fl. That (b)
3. Th-at the-roe i.8 sitnated within applicant's bOltndaries in the County of. ...AD.9.k.;~............................ ............,
certain tax-forfei.ted [and de.~cribed as follows: ......................................................................................................
The East 410 feet of the South 205 feet of the Southwest Quarter of the Southwest
Quarter (SW~ of SWt) of Section 24, Township 31, Range 22 together with an easement over
that part of the South 20 feet of the Southwest Quarter of the Southwest Quarter (SWi of
SWi) of Section 24, Township 31, Range 22 lying between the point where the South line
of Section 24 intersects County Road 54, commonly known as Cedar Street and the West
line of the above described property. This easement shall be effective only in the
event that the grantees herein have no other access to said County Road from the
property conveyed herein.
4. That said lands are (,,) ............T..g.~....f.Q.hL~.:lj;...........................................................................................................................
5. That applicant desires to obta.in said land lor the lollowinl! purposes: (d) ....P.ub.lic..............................
(J. That thel'e i.~ need for such la.nds for the followinJ! reasons: ....NQ.!l(?P..~.hJJJ.h................................................
Whel'efore appLicant prays tha,t said lands be conveyed to it for the use 8tate~ herein.
... ......................G.~. ~.Y....9X...G.~n.~.~JyJ.U.~................... .......................
f......
RESOLUTION OF COUNTY BOARD UPON APPLICATION
WIIEREAS, the County Board ol...i\NQM....................County, ,Minnesota, has e.mminell
into the aUegnti()TlS of the applicati.orl- 0/....................................................,.......................................,..........
tiatt'd ' .....,. .......,. '. . '" ..,. .., .19...., " for the conveyance of certain lands therein de.~Dribed;
now,
Therefore, be it rcsollled by the County JJo~I/'(1 oj............. ........AN9..l:(A... .............. County, ,Minnesota,
that it herl'lry ...approl'CS srdd application and recommends that the sa1n.e be .............,granted.
......................................................................................................... ................,...
..........-..................................................... ...........................................
.................................... .. ................
~tate of jflinntfSota, }
88.
Conn-ty of, AN.QK.A....., ".........
County Board of said County
I, ..... ........................ ,......, county auditor and clerk of the County Board
01................ ................. COlWty, ,Minnesota, hereby certify that I haue comparfd the !orcdoine
COp!! alresoluti.on of the County Board of sahi county with the original record thereof in the minutes of
the l'/'oceedings of saill board at a meeting duly held......... , 19, and that the
sam,: is a true and correct copy of said original record and 0/ the whole thereof, and that said resolution
was 'luly adopted by said board at said meeting. I further certify that the application referred to in said
l'eSOlll.tion is hereto attached.
Witness my hand and seal this...
..............................................day 01............
.., .19.......
..........................................................................................................................
COtl.nty Auditor and Cler7c of the Cou.nty Board
i
.. .........................A.~Q.K.;.A............. . '..County, JIinllesota
OFFICE OF 'l'IlE CO.lf.AflSSIONER 0[1' T.I1XATJON
Semple Bldg. Movers
Fax: 651-776-2028
Sep 20 '01 11 :02 P .01
SEMPLE BUILDING MOVERS, INC.
100S Jessie Street St. Poul, MN 55101
651- 774.7421
Fax 651-776-2028
September 20, 2001
City of Centerville
Attention Ken
We from Semple BUilding Movers, Inc. will purchase and
remove the double bungalow 30 x S6 located at 70il - 7073
Centerville Road in the city of Centerville.
We will pay the City of Centerville $1.00 for the house
and hav. it removed off the property by November 151 2001.
City of Centerv11le would be responsible for the hole
clean up.
Th~ mover will fence the hole.
Thank You
Semple Building Movers, Inc.
~
HOUSES BOUGHT AND SOLD
SONESTROO AND ASSOC
~ Bonestroo
. _ Rosene
- Anderfik &
~ Assocfates
Engineers & Architec;:ts
September 18, 2001
Mr. Steve Huseby
Vlnco, Inc.
18995 N. Forest Blvd.
Forest Lake, MN 55025
RE: LaMotte Park Improvements
Centerville, MN
Our File: 616-01-118
Dear Steve;
i16516361311
09/18/01 11:11 DJ :02/02 NO:473
IJUr'le.t'CQ.. nD..."", "'''d.rll~ and An"~IO\t~. ino. IS an Afllrmaove A'tl""/E<lU'" OPi>""unl1~ fmpl<>y~
and !mplov~e Ownod
Pdn<J:lpft.ts: On" (j, Bone:!Hr"." p.r. . MilfVJn L. !Llrll.'lli'\, (l,e. . '~icrrn R. (/,)i'Jk, P.f. II Rr.lOUr1 ;,~. ~(t'Ljnh.:r~t, Pf ..
l.rry ". i3<>1.Jr<tM, ~E:.
$enlGt Co"s.ultMn~;: ROb~n W. I~"j:er'l:', P.F. .. JQse~h C ^nd~llik. {J,i::. " Ril.hmd E. TL..ltl1ttr. ~c. :II Su.'j.~1n M. ttre-riin, c:.r.A.
,o\.Ugc~atu: PrincJpaJ!: KfoIith A. Cu.rd..,n. P-E. II ~"h('rt It. f'lft..rf~r/C', r.E'. IJ ftlc!"I"ut:.' \Cl /-oO$tli!( P.;. -.. !.).vid (, tOSJ(Ulo1, j.JF. .
i\.1.,,-~ i\. /",'m1"1i, r:e. f Ml<"hael r. P.,utm.;rrl"lj r.!1i. . J.cd K. ~kJ(1. foE. . !\r'Mncth r. Al'lr.lCn,Olt .~;. . M~t1k ~. j~"jti, p.r. jlo
i1UYh:1 A, BUl1cstrou. M.R'II\. v Sit.int.~v P. W;lJi..-lrr'~iOn, p.r., ! .~, .. 1\9j)~.., M, (~m9. M.B.^. " AlloJl) 1(10,: SC}'lmi.r.lt ~E. .
1homt+.~ 'N ,u~terio;.!r'. P.~.. J,tlT1t'~ If. Mal ,'1llrJ. ,,",f:.. f Mil~.~; d. J"r1~Iil'l. (J!.-.. . L. PhiU!p uravC"'1 ill. ~f:. !l D~lnlCi J, CdtWrTon, i:'~. II
1"'Yr..itll M.:utmtif~. P.F." ihL.imi''i ^' ~}.-tku, .~F I sn!'ltJeJl1 J. jtjj'IT\!r.url \I {)<<Ita A. flr:"'lve, ~t. I 'fhomCls A. f(OIJSI1,;;(, p.~ ,
itoOt':rt .J. 0' "\lWI,yj A~.
grt'ce~: .~t, IJallJ, SL Clt:"J~ld, lltH h"'$lCr ~n.;./ \lIlllmM, MN I MJlwauK~e:. VII . "=i)i<.:~~I;h). H.
t~b.ttc; www.bom:".Hl.Cl...~OI~~
I spoke to you on the phone Jast week about the over-run that was experienced on the Onmular Borrow
quant.ity at the Skate Parle We are requesting an adjustment in the compcnsLltion fot' thai. item.
The original plan anticipated hauling in 120 cubiQ yards (cy) of granular borrow (2.5" thick), Instead,
436 cy were placed (9.0" thick) in the hockey rink. This exceed& the contracl quantity by 363'70. Your
bid unH price of $1 DO. 69/cy far exceeds the engineer's estimate of $15.00 or the other bidden; price of
$23.40/cy.
The MnfDot Specifications stare that if a final quantity of uny contract item is mOre than 125% of the
quantity in the bid schedule, a revised basis of payment may be agreed upon for the quamity in excess
of the 125% (in this case 150 cy).
We are asking you to check your overall project numbers 10 see if a credit can be w()rked out for this
item. This wa" a Park and Recreation project for the City, and the large over-r..m was not expected.
We understand that the additional sand beneath the concrete skate park adds benefit to tbe facility, but
not to the extent that the final number(.i show.
Please call me to discuss this further.
Yours very truly,
BONESTROO. ROSENE. ANDERLIK & .t\SSOClA TES\ INC.
......} l__,,^ AI", ~. ..":... ..--..... -
r f"V."'" ~ V 1../ ~XJ./i..~
Thomas W, Peterson
TWP:crw
copy: Paul Pulzer (Cemerville)
1335 Wlist Hlg"'way 36 · St. Pay/' MN S5113' 65t-636.4~OO . Fax; b51-636-,3li
BONESTROO AND ASSO~
W 6516361311
09/21/01 16:18 B :01/03 NO:579
D=roo
-=- Anderlll &
U Associates
!rlqinnrs /I ArthitKtl
Ownft!'. Clly (If Ctilntarvflla. 1880 Main St.. Can/eN/lla. MN 55038 Oate: Seotem~r 21. 2001
For Period: 7/2012001 to Q121/2001 Reouest No: 2
Contractor: Vince Inc., 18995 N. Forest Blvd. Forest Lake. MN 55025
eONTRA(:TO"'$ R,lQUI:ST FOR PAYM~NT
LAMOTTE PARK aECTRICAL SERVICE
BRA FilE NO. 61e.o1.118
SUMMARY
1 Original Conlra~ Amount $ 138,480.29
2 Chang. Ord.r . Addition $ 0.00
3 Change Order. Deduction S 0.00
4 Revised Conb'Sct AmoUi'lt $ 136.460.~
5 Value Completed 10 Date $ 148,930.18
~ Mllterllll on Hand $ 0.00
1 Amount Earned $ 148,930.18
8 Lees Retainage 5% $ 7.446.51
9 Subtoltll $ 141,483.57
10 Lesl Amount ~!lid Prtlvlously S 107,651.44
11 j.iquldate<l damages - $ 0.00
12 AMOUNT oue THIS REQUEST FOR PAYMENT NO. 2 $ 33.832.23
Recommended for Approval by:
IONESTROO, ROSINE, ANDIRUK & ASSOCIAT!S, INC.
(~ ~~L-:~~~
Approved by Contractor:
"INCO INt
Approved by OWner.
CITY OF CENTERVII.LE
SpeCified Contract Completion !:lata:
July 31, 2001
Cate:
Co.lOept.
I"hQf15 .
Co.
PhanllM
f'8.'1.#k61
mil
G160j 118Fl!02..ls
60NESTROO AND ASSOC i16516361311 09/21/01 16:18 B :02/03 NO:579
.
Conll'lct Unit Qu.mlt~ Amount
No. Item Unll Quantity Prle. to Dale ta Oats
Part 1 - Eltctrlcal
1 MObilization LS 71515.31 $758,31
2 Seedln; with topsoil and mulch AC 0.1 2166.63 0.1 $216.56
3 1.1/2" ~C Conduit, Seh, eo L.F 1115 5.68 1199 $6,804.68
4 3/4' RSC Conduit LF 240 20.83 240 $4,998.85
5 :2" RSC Conduit L.F 20 16.22 35 $56r.Sa
6 N10 AWG Wire LF 1320 1.58 1407 $2,228,97
7 #8 ,l,WG Wire LF 2000 1.50 2064 $3,08671
B #4 AWG Wire LF 1eOO 1.81 1674 53,030.78
9 00.0 AWG Wire LF 60 20.33 150 $3,049.95
10 3 ClInduculClr #3JO Tyr;e USE Cable LF 170 9.19 270 52.482.315
11 800 Amp 120/240V PanelBoard with breakers EA 1 S36e. TS 1 55,369,75
12 200 .Amp 120/240V Paneiboard with breakers EA 1 210e.3S 1 $2,109,39
13 100 Amp 120n40V Load CenterWlth breskers EA 1 959.27 1 $959.27
14 600 Amp fuBed disconnect switch SA 1 3642.24 1 $3.542,24
1a 600 Amp metering cabinet EA 1 3058.~4 1 $3,058,24-
16 400 Amp met.ring cabinet f,A 1 121i17.54 1 $1,297.54
'''I Power DlslI'lbutlon Receptecles EA 5 &41.l.77 5 $3,2-43.e6
"
1e Ughllna Cabinet with relavs and switch LS 1 3~2.24 1 $3.542.24
19 Miic. fittings, be_, ccnnectorl, etc, L.S 1 4975.10 1 $4, 1iI75.1 0
20 Trench Excavation 3nd Backfill LF 1000 3.78 1372 $5,188,29
Total Part 1 . EI8C'J1cal $aO,eo8.67
Part 2 . SQle Park
21 e" concrete ptlvemllol irregular width Sy 1700 33.78 1700 $57,397.4-4
22 Common excavation CV 200 0'17,94 392 $10.113.96
23 Granular borrow CV 120 10o.ee 150 $15,103.26
24 Seeding with topsoil and mulch AC 0.1 2166.63 0.1 $216.66
Tolal Pert 2. Skate Park $82,831.32
Altemate No. 1
26 4' diameter storm CSMH EA 5590.20 $5,500,20
Total Alternate No.1 $6.590.20
TOISI Part 1 . Electrical
Totil Part 2. Skate ~ark
Total Alternate NO.1
Total WorK Completed To Oale
Sao,SOU7
$82.831.32
f1S,590.20
$148,930.18
~ 1~111llREQ:l,.",
60NESTROO AND ASSOC
if 6516361311
09/21/01 16:18 i.Y :03/03 NO:579
PROJECT PAYMeNT STATUS
OWNER CITY OF CENTERVlllE
BRA filE NO. 616-01-'18
CONTRACTOR VINca INC
CHANGE ORPERS
No.
Datil
l~_
Dtserlptton
Amount
I j
I ;
Total Chin. Orders
PAYMENT SUMMARY
N F
(l. rom To Payment R8Ulnaal ComDletld
1 06115/2001 07/19/01 107.651.44 S,6&S.87 113317,31
2 07/20/2001 09/21/01 33 832.23 7446.51 148930 18 I
Material on Hand
Total Payment !o Oate $141,483.67 Orlafnal Contract $136.480.29
R8tainace Pay No. 2 7,446.51 Chance Orders .
Total Amount Earned S148,930.18 Revised Contract $1315,480.29
616(l111aREO~.xl.
~
.I
Page 1 of 1
Teresa Bender
From: TRBrenner@aol.com
Sent: Friday, September 07,2001 10:14 AM
To: tbender@centervillemn.com
Subject: Council agenda item
Hi Teresa,
Could you please place the attached memo on the Council agenda for either
September 12 or September 26? The Communications Task Force is requesting
approval to have the intern assist us with preparation of our final written
report, up to a maximum of 20 hours.
Thanks,
Theresa
9/7/01
, "
Date:
September 7,2001
To:
Honorable Mayor and City Council
From:
Theresa Brenner
Subject:
Communications Task Force Re.quest
At our August 20 meeting, we voted unanimously to request Council
approval for the City intern's assistance with preparing our final written
report in late October and early November, up to a maximum of20 hours.
We hope it would be a good experience for the intern, and it would also help
us complete our work by the November 14 deadline. I won't be able to
attend the Council meeting on September 12, but feel free to contact me if
you need more information. Thank you.
MEMO
DATE: February 21,2001
TO : Honorable Mayor and Council
FROM: Jim March
RE Proposed CommerciallRetail Center - Lloyd Drilling
............................................................................
Included in your packet is a copy of the final version of the developer's agreement for the
proposed commercial/retail center to be built by Lloyd Drilling. Mr.. Drilling is planning
to sketch in the additional trees on the site plan near the east fence on the property. The
site plan will be attached to the developer's agreement as Exhibit A.
"
February 28, 2001
Council Meeting Minutes
VII. UNFINISHED BUSINESS
None.
VIII. NEW BUSINESS
1. Commercial/Retail Center - Lloyd Drilling .~
Mayor Swedberg stated that Council had reviewed the Developer's Agreement and
questioned whether Council had any concerns that it desired to be addressed.
Council Member Capra questioned the private improvements completion date of 2002.
Council Member Capra expressed her concern for residential property abutting same.
Mr. Peterson stated that it is common to allow a year for final improvements to be made
and allow ample time for settling and grass or sod installation.
Council Member Travis questioned whether Mr. Drilling had a problem with requiring
the improvements to be completed by December 31, 2001. Mr. Drilling stated that
completion would be subsequent to weather conditions. Mr. Drilling stated his desire to
complete same by the end of the year.
Council Member Broussard Vickers stated that the City typically allows one and a half (1
Yz) seasons to complete a project in order to accommodate weather conditions.
Mr. March stated that releasing the letter of credit provided by the developer is incentive
for completion of the project.
Council Member Nelson questioned whether Mr. March reviewed the Developer's
Agreement to ensure that all ordinances were met. Mr. March concurred. Mr. March
stated that language regarding the western trail had been excluded from the agreement.
Council Member Nelson stated that she believed Council consensus was to enter into a
separate agreement for same.
Council Member Broussard Vickers requested that Mr. Drilling check with the City to
ensure that no changes had been made in the trail requirements prior to construction of
same.
Motion by Council Member Broussard Vickers, seconded by Council Member
Travis to approve the Developer's Agreement as presented. All in favor. Motion
carried unanimously.
Mr. Drilling requested that Council approve combining the two (2) parcels in order to
receive a new property identification number. Consensus was to approve same.
Council Member Nelson requested that Staffresearch trail requirements for this area with
Anoka County and the Rice Creek Watershed District. Mr. March suggested that Council
Page 3 of 14
-.I
February 28,2001
Council Meeting Minutes
direct Mr. Peterson to prepare a cost estimate for same. Council requested that Mr.
Peterson prepare a cost estimate and research the requirements to fill in the ditch and
reconstruct the trail to correct th~ slope noting Council desired to know the possibility of
reconstructing the trail by filling in the ditch and associated costs. Mr. Peterson
requested delaying this item until spring allowing ample surveying of the property.
2. Sensus (Equipment/lnstallation/Upgrades-.Software)
Mr. March referred to a memo submitted by Staff requesting purchasing of software. Mr.
March that the funds to purchase same would be expended from the Water Fund. Mr.
March stated that the software would save time and steps in posting information to the
accounting software.
Mayor Swedberg stated that caller identification and a dedicated phone line would also
need to be installed and not included in the recommended software purchase in the
amount of $4,685.
Mr. Palzer stated that Council would need to decide if it desired to charge residents a
$100 installation fee for units to be installed in homes more than three (3) years old.
Council Member Capra stated she had received concerns from residents who may have
purchased homes that had previously been modified without appropriate permits.
Council Member Capra stated that residents are concerned about ramifications from the
City in regards to same. Mr. March explained that Staff would more than likely do sump
pump inspections at the same time as meter programminglinstallation. Mr. March stated
that the City would ensure proper use of same. Mr. March stated that in his opinion, the
City does not desire to "heavy hand" residents and charge them for modifications that
may have been completed without appropriate permits.
Mayor Swedberg questioned whether a resident could refuse the installation of the unit.
Mr. Hoeft explained that a resident could refuse same, however, an Administrative
Search Warrant could be obtained by the City to allow access and installation of same.
Mr. Palzer stated that Staff would not be looking to fine residents, however, if an
immediate safety concern existed it would need to be addressed.
Council Member Nelson suggested notifying residents that they can expect to pay $100
for the unit. Mr. March stated that he anticipated this to be a fairly lengthy installation
process so residents would not see the unit installed for some time.
Motion bv Council Member Broussard Vickers, seconded by Council lVlember
Capra to approve the purchase of the Sensus software as presented. All in favor.
Motion carried unanimouslv.
3. Pheasant Marsh
Mr. March stated that Ground Development was present to request pern1ission to amend
the Comprehensive Plan for the MUSA land swap. Ground Development would escrow
Page 4 of 14
DEVELOPMENT CONTRACT
HUNTERS CROSSING
CENTERVILLE, MINNESOTA
THIS AGREE11ENT, made and entered into this 12th day of Ju 1 Y , 200~, by
and between the City of Centerville, a municipal corporation organized under the laws of the
State of Minnesota (the "City"), and Richard S. Carlson and , a Minnesota partnership
(the "Developer"). Associates, a L.L.P.
RECIT ALS:
WHEREAS, the Developer has received approval from the City Council for a preliminary plat of
land within the corporate limits of the City, which plat is known as Hunters Crossing, hereinafter
called "Subdivision"; and
WHEREAS, the Developer has applied to the City to be allowed to, at the Developer's expense,
construct all surface streets, curb and gutter, required landscaping, recreational trail, storm sewer,
storm water ponds, drainage facilities, water main and sanitary sewer facilities, hereinafter
referred to as "Street and Utility Improvements"; and
WHEREAS, the Developer is to be r,~~ponsible for the installation and financing of certain
private improvements within the plat, ~lieinafter referred to as "Private Improvements".
NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, it is
agreed by and between the parties as follows:
A. REPRESENTATIONS OF DEVELOPER. As inducement to the City's approval and
authorization to proceed with construction and entering into this Agreement, the
Developer represents and warrants to the City:
1. That the Developer is the fee owner of the property and has authority to enter into
this Agreement.
2. That the subdivision complies with all City, County, State and Federal laws and
regulations, including but not limited to City subdivision ordinances and zoning
ordinances.
3. The subdivision complies with all wetland protection legislation.
B. PRIVATE IMPROVEMENTS. The Developer will construct and install at Developer's
expense the general improvement construction according to ordinance #8, Section 38.01
and other improvements specific to the development herein set forth:
1. Cost of Private Improvements, description:
J.
k.
a.
Street name signs (installed by the City)
approximately 3 @ $100 each
$ 300
b.
Traffic signs, stop signs, etc.
(installed by the City) approximately 5 @ $100
$ 500
c.
Utility markers
approximately 8 @ $50 each
$ 400
d.
Street sweeping
4 @ $200 each
$ 800
e.
Silt fence and lot access gravel
1 @ $600 each
$ 600
f.
Flushing of storm sewers, once per year until
all lots are built upon
$ 400
g.
Street lights
approximately 8 @ $1,000
$ 8,000
h.
Shade trees (balled and burlapped)
2 per lot or 4 per comer lot at $150 each
$ 12,000
1.
Sod, 400 square yards per lot @ $3 sly
$ 40,000
Snowplow service of streets
6 @ $500 I plowing
$ 3,000
City administration for review and compliance of
above - 20 hours @ $50 I hour
$ 10,000
$ 76,000
Total Estimated Cost
Developer Retainage (150%)
$114,000
All of the above items under Section B with the exception of the trees and sod on
unbuilt lots shall be completed and/or provided to the City by December 31, 2000.
2. Also included as items associated with the Private Improvements, the Developer
shall undertake or arrange to accomplish the following:
a. Site Development Issues
2
1. Coordinate with the utility companies to provide for gas main,
telephone lines, cable television lines, and power lines to service
the properties developed on the fmal plat according to the City's
, joint trench policy.
ll. Provide seeding and vegetation maintenance and erosion control
over denuded or graded ar~as and mitigation area, at the City's
direction.
lll. Establish lot corner monumentation within 60 days of grading
completion or within 180 days after filing the final plat, whichever
IS sooner.
IV. Provide such street maintenance and control ofbuilder's actions to
maintain roadways clear of mud, soil, and debris to provide safe
driving surfaces. The Developer shall provide street sweeping
within 24 hours of the City's request for such services.
v. Provide for landscaping in accordance with the City ordinances
and other requirements.
The Developer shall accomplish or cause to be accomplished these actions
according to generally accepted trade standards. The Developer will cause
to be furnished to the City a schedule of proposed operations at least five
days prior to commencement of the construction activities.
b. Site Grading, Street Construction and Building Permits. No certificate of
occupancy shall be issued without installation of bituminous base course
across the front lot line of that property. No building penrut shall be
issued for any lot without the finished grading in accordance with the
approved grading plan. Furthermore, only two (2) building permits will
be issued prior to installation of the bituminous base course, which permits
shall be at the discretion of the City, to allow for emergency vehicle
access.
c. Erosion Control. The Developer shall control erosion insuring:
1. The Developer shall submit an erosion control plan, detailing all
erosion control measures to be implemented during construction.
Said plan shall be approved by the City prior to the
commencement of site grading or construction.
ll. Erosion and siltation control measures shall be coordinated with
the different stages of development. Appropriate control measures
as required by the City shall be installed prior to development
when necessary to control erosion.
3
lll. Land shall be developed in increments of workable size, as
determined by the City, such that adequate erosion and siltation
controls as directed by the engineer can be provided as
construction progresses. The smallest practical area of land, as
determined by the City, shall be exposed at anyone period of time.
IV. Where the topsoil is removed, sufficient arable soils shall be set
aside for respreading over the developed area. The topsoil shall be
restored to a depth of at least four (4) inches and shall be of a
quality at least equal to the soil quality prior to development. The
Developer shall also install four (4) inches of topsoil on all
boulevards and seed or sod as approved by the City. The
Developer shall make all necessary adjustments to water service
curb stops to bring them flush with the topsoil (before occupancy).
All disturbed areas shall be seeded.
d. Inspection. All of the work shall be under and subject to the inspection
and approval of the City, City Engineer, and where appropriate, any other
governmental agency having jurisdiction.
e. Faithful Performance of Construction Contracts and Letter oferedit. The
Developer will fully and faithfully comply with all terms and conditions of
any and all contracts entered into by the Developer for the installation and
construction of all Private Improvements and hereby guarantees the
workmanship and materials for a period of two years following the City's
final acceptance of the Private Improvements. The Developer agrees to
guaranty for a period of one year the tree plantings required as part of the
Developer's Agreement. Each specific tree guaranty period shall begin
with the planting of each specific tree. Concurrently with the execution
hereof by the Developer, the Developer will furnish to, and at all times
thereafter maintain with the City, a cash deposit, certified check, or an
Irrevocable Letter of Credit, based on one hundred fifty percent (150%) of
the total estimated cost of the Private Improvements as indicated in
Paragraph B 1. The Irrevocable Letter of Credit shall be for the exclusive
use and benefit of the City ofCenterville and shall state thereon the same
is issued to guaranty and assure performance by the Developer of all the
terms and conditions of Paragraph Bl of this Development Contract. Such
Letter of Credit may be reduced upon completion and acceptance of the
Private Improvements by the City to an amount deemed adequate by the
City Engineer to cover the two year warranty period described herein.
The City shall have the right during said warranty period to draw on the
Letter of Credit for any warranty work that is necessary. The Irrevocable
Letter of Credit shall be renewed or replaced by not later than twenty (20)
days prior to its expiration with a like letter or bond.
4
f
Reduction of Escrow Guaranty. The Developer may request a reduction
of the Letter of Credit or cash deposit based on prepayment or the value of
the completed Private Improvements at the time of the requested
reduction. The amount of reduction will be determined by the City and
such recommendation will be submitted to the City Council for action.
g.
Approval of Contractors. Any contractor selected by the Developer to
construct and install any Private Improvements must be determined in
writing by the City Engineer to be acceptable. The City reserves the right
to require satisfactory proof of successful experience and adequate
[mancial status by any such contractor.
C. STREET AND UTILITY Hv1PROVEMENTS. In accordance with the policies and
ordinances of the City, the "Street and Utility Improvements" include those
improvements as described by the plans, specifications, and contract docmnents entitled
Hunters Crossing Utility and Street Improvements, as prepared by the City Engineer and
as adopted and approved by the City Council.
The Developer hereby requests that the City install and/or modify the necessary streets,
sanitary sewer, water, municipal storm sewer, and walkway/trail (including the off-site
connection to the regional trail) to service the proposed development. The City agrees to
proceed pursuant to Minnesota Statutes Chapter 429, and to specially assess the cost of
said improvements to those properties benefited thereby. The Developer hereby waives
its right to appeal the amount of any special assessments against its property within the
described development (including the off-site trail connection to the regional trail
system) .
Prior to the preparation of final plans and specifications for the construction of said
improvements, the Developer shall provide to the City a cash escrow in an amount
indicated in wri~ing to provide for fin~ncin~ the cost of~repar~g the Development~. ...-:-~ __)
Contract and SaId final plans and spec1ficatJons by the CIty Engmeer. ~""'~ ~c"./.
Ill~Ksha11~J1ltiXviQffi;:a:~as1.l}exotM~Xke<frK}C~ount:indD.JedliRX\X' . b
00 prowde:: fO{ financmg the :east cl inspe;ctwnxstakiRg,xmd cRnst~tiW1 ad~trati<ID I
by the :City B:ngineer.-//!J.
,
D. RECORDING AND RELEASE. The Developer agrees that the terms ofthis
Development Contract shall be a covenant on any and all property included in the
Subdivision. The Developer agrees that the City shall have the right to record a copy of
this Development Contract with the Anoka County Recorder/Registrar to give notice to
future purchasers and owners.
E. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City for
all costs incurred by the City including, but not limited to, the actual costs of construction
of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of
acquisition of necessary easements, if any, and any other costs incurred by the City
5
relating to this Development Contract and the installation and financing of the
aforementioned improvements.
F. OCCUPATION OF PREMISES. The Developer further agrees that it will not cause to
be occupied any premises upon the plat or any property within the plat until the
completion of the gas, electric, telephone, cable television, water, and sewer
improvements required by this Development Contract have been installed, unless the City
has agreed in writing to waive this requirement as to a specific premises. Furthermore,
Developer shall be granted no certificates of occupancy for homes within the plat prior to
substantial completion of all Private and Street and Utility Improvements described in
this Contract, including the base course layer of pavement. Building Permits shall be
issued only within the constraints as set forth previously herein.
G. OWNERSHIP OF IMPROVEMENTS. Upon completion ofthe work and construction
required by tlus Contract and acceptance by the City, the improvements lying within the
public easements shall become City property without further notice or action.
H. fNDEMNIFICA TION AND HOLD HARMLESS. The Developer shall hold the City and
its officers and employees harmless from claims made by itself and third parties for
damages sustained or costs incurred resulting from subdivision plat approval and
development. The Developer shall indeIlllliiY the City and its officers and employees for
all costs, damages, or expenses which the City may payor incur in consequence of such
claims, including reasonable attorneys fees. Provided that nothing herein shall require
Developer to indemnifY the City, its officers or employees from any violation oflaw or
from the consequences of their own negligence.
1. PROHIBITIONS AGAINST ASSIGNMENT OF AGREEMENT. Developer represents
and agrees that prior to the completion of the Developer improvements as certified by the
City:
1. Except by way of security for, and only for the purpose of obtaining financing
necessary to enable the Developer to perform its obligations with respect to the
construction of the improvements under this Agreement and any other purpose
authorized by this Agreement, the Developer (except as so authorized) will not
make or create, or suffer to be made or created, any total or partial sale,
assignment, conveyance, or transfer in any other mode or fonn, with respect to
this Agreement or any interest therein, or any contract or agreement to do any of
the same, without the prior written approval of the City.
2. In the absence of specific written agreement by the City to the contrary, no such
transfer or approval by the City shall be deemed to relieve Developer from any of
its obligations. In the event that the City approves a substitute Developer and the
property is transferred to said substitute, the City agrees to relieve the Developer
of liability from performance as described in this Contract. Said substitute shall
assume all responsibilities and rights of the Developer under this Contract.
6
J. MISCELLANEOUS PROVISIONS.
1. Reimbursement of Costs for Defense. The Developer agrees to reimburse the
City for aU costs incurred by the City in defense of enforcement ofthis Contract,
or any portion thereof, including court costs and reasonable engineering and
attorney's fees.
2. Validity. If any portion, section, subsection, sentence, clause, paragraph, or
phrase in this Contract is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect or void any of the other provisions of
the Development Contract.
3. Waiver. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or
waivers shall be in writing, signed by the parties, and approved by written
resolution of the City Council. The City's failure to promptly take legal action to
enforce this Agreement shall not be a waiver or release.
4. Binding Effect. The terms and provisions hereof shall be binding upon and inure
to the benefit of the heirs, representatives, successors, and assigns ofthe parties
hereto and shall be binding upon all future owners of all or any part of the
Subdivision and shall be deemed covenants running with the land.
5. Notice. Whenever in this Contract it shall be required or permitted that notice or
demand be given or served by either party to this Contract to or on the other party,
such notice or demand shall be delivered personally or mailed by United States
mail to the addresses set forth below by certified mail (return receipt requested).
Such notice or demand shall be deemed timely given when delivered personally
or when deposited in the mail in accordance with the above. The addresses of the
parties hereto are as set forth below until changed by notice given as per above:
Developer:
Richard S. Carlson and Associates, L.L.P.
7671 Central Avenue NE
Fridley, MN 55432
City:
City of Centerville
Attn: City Administrator
1880 Main Street
Centerville, MN 55038
6. Final Plat Approval. The City agrees to give final approval to the plat of the
Subdivision upon execution and delivery ofthis Contract and of all required
documentation, fees, and securities as set forth herein.
7
7. Incorporation by Reference. All approved plans, special provisions, proposals,
specifications, and contracts for the improvements furnished and let pursuant
to this Contract shall be and hereby are made a part of this Contract by
reference as fully as if set out herein in full.
8. Violation of Agreement. In the event that Developer violates any of the
covenants and agreements contained in tQis Development Contract and to be
performed by the Developer, the City, at its option, in addition to the rights
and remedies as set forth hereunder may refuse to issue building permits to any
property within the plat until such time as such default has been corrected to
the satisfaction of the City.
9. Park Dedication. The parties mutually recognize and agree that park
dedications requirements as provided in the City Code shall be satisfied by cash
payment of $74,000 calculated at $2,000 per lot multiplied by 37 lots.
10. Storm Water Fees. The storm water fee shall be paid by the Developer prior
to approval of the final plat. This fee is $14,950, based on a charge of$.01546
per square foot of 22.2 acres of platted area.
11. Liability Insurance Requirement. The Developer shall provide to the City, at
the Developer's expense, general public liability and property damage
insurance including vehicle coverage protecting the City and the Developer
from all claims for personal injury, including death, and all claims for
construction of or damage to property, arising out of or in connection with
any operations under these contract documents, whether such operations be
by the Developer, its contractor, or by any subcontractor, or anyone directly or
indirectly employed by the contractor or by a subcontractor under it.
Insurance shall be written with a limit of liability of not less than $600,000 for
all damages arising out of bodily injury including death, at any time resulting
therefrom, sustained by anyone person in anyone accident; and a limit of
liability of not less than $1,000,000 for any such damage sustained by two or
more persons in anyone accident. Insurance shall be written with a limit of
liability of not less than $300,000 for all property damage sustained by one
person in anyone accident, and a limit ofliability of not less than $700,000 for
any such damage sustained by two or more persons in anyone accident. The
insurance policies shall accompany the contract for its execution by the
Developer and the City of CenterviIle. The above insurance policies shall
remain in full force and effect at all times during the process of constructing all
improvements set forth herein, and until six (6) months after city acceptance of
the Private Improvements and completion of the Street and Utility
Improvements. The City, City Engineer, and Developer's engineer shall be an
additional named insured in any such policy or policies.
8
K. ISSUANCE OF BUILDING PERMITS. The City agrees not to issue any building
permits from the date of this agreement until receipt of written confirmation that the
plans presented have been reviewed and approved by the architectural control
committee as established by the developer.
IN WITNESS WHEREOF, City and Developer have signed this Development Agreement
the day and year first written above.
CITY
---
))EVELOPER:
/
I
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.~
-'-""-~-'---
CITY OF CENTER VILLE
~1.C:::'-- ,~~--
Mayor
Its: General Partner
ATTEST:
~---
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C '~ ,~;r'
--,.- \" ,,- '. // "
. .. ...". /.. "-
BY'..'\ ,~. c~!~ j. .....P~~.. J
City Clerk
STATE OF MINNESOTA)
;J ) ss
COUNTY OF /I1iO*~' )
~/ . The foregoing instrumen~a~ acknowledged before me th!s /1';t;L. da~ of
t.. Ld. 20~, by--:Z:- L.c-J4rJiF,ief- the Mayor of the CIty ofCentervdle, a
! u /cipal corporation under the laws of the State of Minnesota, on behalf of the City.
~~ '":""' ~ ........:-,j
TERESA BENDER
NOTARY PUBUC.MI tm\
", ~_______..c-~I ,~~
~"".4."("",,,./ k~~-~~--...__
Notary Public
STATE OF MiNNESOTA)
) ss
COUNTY OF )
9
The foregoing instrurtt was acknowledged before me this 11'tt} day of
20 00, by 7ter~5a l3e.r.Ju" the City Clerk of the City ofCenterviIle, a
mumCl al corporation under the laws of the State of Minnesota, on behalf of the City.
~'7~
Notary Public
STATE OF MINNESOTA)
) ss
COUNTY OF ANOKA )
G MAR. e.
J1 ~PubIlc
, IlIyCammisslall~.3t.2005
The foregoing instrument was acknowledged before me this 12th day of_
JulY,20 00 , by Richard S. Carlson, the General Partner of
Richard S. Carlson and Associates, a L.L.P. , a Minnesota partnership, on
behalf of the partnership
~-"~~"~~""~':o.~""~"""c4
COREEA]p,. Eljj\jELL ~
~\~ct~n(' O'Jb~Jf~ rf~
.J;l ",".~'J ">';" f
-.~ _ w/mnesDra if
\1 Mv Commis~;Gt' Fl[nir'''~ Jan':t'i 011005 ~';
';~~~~~i~~;~~~~~~
~-i/Y~ a zltvd2{
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
BARNA, GUZY AND STEFFEN, LTD.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Coon Rapids, MN 55433
(612) 780-8500 (JDR)
87365_1
10
Development Contract
Eagle Pass
Centerville, Minnesota
(Developer Installed Improvements)
THIS AGREEMENT made this 97k- day of'];:J.t2UJ...o-&v.-, 1996, is by and between
the City of Cen(erviUe, whose address is 1880 Ma!n Street, Cemervil1e, Mimlesota 55038, a
municipal corporation organized undc:r the laws of the State of Minnesora, hereinafter referred to
as ttle "Cit:y", and Gor-Em, LLC, a Minnesota limited lia.Qility company, whose address is 10732
Hanson Boulevard, Coon Rapids, MN 55433, hereinafter referred to as the "Developer".
WHEREAS, the Developer has received approval from tlli; City Council for a preliminary
plat of land within w.1.e corporate limits of the City known as Eagle Pass, hereinafter called
,. Subdivision"; and
V/HEREAS, chc Developer has applied to lhe City [0 be allowed at tb,e Developer's expense
to construct a.ll surfaced streets, curb and gUHer, required land~caping, storm sewer, storm\vater
ponds, draiIJ.age facilities, waterrnain and sanitary se\ver facilities, hereinafter referred to as Street
and Utility Improvements; and
WHEREAS, the Developer is to be responsible for the installation and financing of certain
private improvements ivithin the plat, hereinafter referred w a~ Privalt Improvements;
NOW, THEREFORE, in consideration of the mutual promises of me parties made herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
A. PRiVATE uvlPROv'El"JE~TS. The Developer will constmct and install ar Developer's
expense the general improvement constl1.1ction according to ordinance #8, Section 38.01 and
other improvements specific to Lhe development herein set forth.
1, Cost of Private Improvemems, description:
a.
Street name sign::>
JDDroximattly 7 @ $250/each
. .
$1,750
b.
Traffic signs SLOp sign, dead-end. etc.)
approximateiy 17 @ S20G/each
$3,400
c,
Utility markers
approximarely 5 @ $200
$1 ,000
d
Street sweeping
6 each @ $600/each
$3,600
Eagle Pass
Development Agreement
The Developer shall accomplish or cause to be accomplished these actions
according to generally accepted trade standards. The Developer will cause to be
furnished to the City a schedtlIe of proposed operations at least five days prior
to conlil1en~ernent of his construction activities.
Construction vehicles for site grading, streets, and utilities will utilize the
ex.isting blacktop surface on Main Street to access the site. At no time shall
vehicies associated 'Nith the plat development be allowed to access the site from
Center Street.
b. Site Grading. No certificate of occupancy shall be issued for any lot without the
proper grading checked. of w~ose lots as deter~ined by the Building Inspector.
c. ErOf;ioD Contro1. The Developer shall control erosion insuring:
1) An ddelopment shall conform to the natural limitations presented by the
wpography and soil of the subdivision in order LO create me best potential
for preventing soil erosion. The Developer shall submit an erosion control
plan, detailing all erosion control measures to be implemented during
construction. Said plan shaH be approved by the City prior to the
commencement of site grading or construction.
2) Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as required
by the City shall be installed prior to development when necessary to
control erosion.
3) Land shall be developed in incrc:ments of workable size, as determined by
the City, such that adequate eorosion and siltation controls as directed by the
Engineer can be provided as construction progresses. The smallest practical
area of land, as deremlined by the City, shall be expOsed at anyone period
of time.
4) Where the topsoil is r';>n1oved, sufficient arable soils shall be set aside for
respreading over the developed area. The topsoil shall be restored to a
depth of at least fOllr (4) inches and shall be of a quality at least equal to the
soil quality prior to development and the Developer shall install four (4)
inches of topsoil on all boulevards and seed or sod as approved by the City.
Th~ Developer shall make all necessal)' adjustments to the curb stops to
bring them t1ush with the topsoil (before occupancy). All disturbed areas
shall be seeded. The quality of the top soil restored shall be equivalent to
the top soil on the development prior to the removal.
d Inspection. All of me \vork shall be under and subject to the inspection and
approval of the City and the City Engineer and, where appropriate, any other
govern...J.1.enral agency having jurisdiction.
Hagle Pass
D~velopment Agreement
e. Signage and barricades
3 each@ $200/each
$600
f. Flushing of storm sewers, once per year until
all lots arc built upon
$10,000
g. Street lights
approxirnatdy 15 lights @ $500llight
$7,500
h. City administration for review and compliance of
above 80 hours @ $30/hour
$2 0400
Total Estimated Cost
$30,250
Developer Ret.ainage (150%)
$45,375
All of the above items under Section 1 with tlle exception of the U'ees and sod on
unbuilt 10IS shall be completed by July 1, 1997.
2. Also included as items associated will. the Private Improvements, the Developer shall
under'-'lke or arrange to accomplish the following:
a. Site Development r~slles.
?(~)/(Y7R-?lIV\ ~)l~
1)
Coordinate with the utility compa.nies to provide for gas main, telephone
lines, cable lines, and pO\;Jer lines to service the pl'opelties developed on
the final plat according to the City's joint trench policy.
'),
.1-)
Provide seeding and vegetation maintenance and control over denuded or
graded areas and mitigation area, at the City's direction.
3)
'()l'~Vl'I.~'" srr"'et na"""e C:')DS ^-d "'C")P ,,;un"
L 'J "\,,. _1...... j lL ..1~! a.U .,,11.. . ....).~ ~.
4)
Est<:tblish lot corner monumentation \vithin 60 days of grading completion
or by Decernber 1, 1996, after filing the final plat, wbkhever is sooner.
5)
Provide such street maintemnce and control of builder's actions to maintain
roadways cItar of mud, soil, and debris [0 provide safe driving surfaces.
The Developer shall provide street sweeping within 24 hours of the City's
request for ::;uch services.
6)
Provide for landscaping in accordance with City ordinances and other
requirements.
P"'O''' ')
Eallle Pass
. ; De~e!opment Agreement
e.
Easernent~ - The Developer shall make available to the City, at no cost to the
City, all permanent or temporary easements necessary for the installation and use
of the both the Private: Improvements and the Street and Utility Improvements,
as ddermined by the City Engineer. All such easements requested by the City
shall be in VvTiring, iJl recordable form, and on the standard easement form of the:
City and on such other terrns and conditions as the City shall determine. The
Developer shall be fully responsible for the recording of such easements.
....
1.
Faithful Performance of Constl11ction Contracts and Letter of Credit. The
Developer wili fully and faithfully comply witb. all terms and condi[ions of any
and all contracts entered into by the Developer for the installation and
construction of all Private Improvements and hereby guarantees the workmanship
and materials for a period of two yeats following t.r"e City's final acceptance of
the Private Improvements. The Developer agrees to guarantee for a period of
one year the tree pla.!ltings required as pan of the Developer's Agreement. Each
specific tree gU.aramee p-;:;riod shall begin with the planting of each specific tree.
Concurrently with the execution hereof by the Developer, the Developer will
furnish to, and at all times Lhereafter maintain with the City, a cash deposit,
certified check, or an Irrevocable Letter of Credit, based on one hundred fifty
(150%) percent of the tot.al estinlated cost of the Private Improvements as
indicated in Paraglaph AI. The Irrevocable Letter of Credit shall be for the
exclusive use and benefit of the City of Centervilk and shall stare thereon the
same is issued to guarantee and assure performance by the Developer of all the
terms and conditions of this Development Contract and constmction of all
required i'rnprovemertls in accordance with the ordilli.'lnces and specifications of
the City, Such letter of Credit may be reduced upon completion and acceptance
of the Private Improvements by the City to an amount deemed adequate by me
City Engineer to cov<.:r the two year warranty period described herein. The City
shaU have the right during said warramy period to draw on the Letter of Credit
for any \varranty work mat is necessary. The Cit): reserves the right ro draw, in
whok or in p:H1; on any portion of the IrreYoc~lble Letter of Credit for the
purpose of guaranteeing the remlS and conditions of this comraCL The
Irrevocable uttE:r of Credit shall be renewed or replaced by not later than twenty
(20) days prior to its expiration with a like letter or bond.
(T
1;;0.
Reduction of E,,~r0w GU8rantee. The Developer may request reduction of the
Letter of Credit or cash deposit based on prepaymem or [he value of [he
completed Private Improvements at the time of the requested reduction. The
amollnt of redUCtion \vil1 be determined by the City and such recommendation
will be submitted to the City Council for action.
h.
ApprOVal of Contractors. A.l.IY contractor selected by the Developc:r to constmct
and iI"1Stall any Private Improvements must be determined in writing by the City
Engineer to be acceptable. The CiI)' reserves [he right to require satisfactory
proof of successful experience and adequate financial status by any such
contractor.
pagle Pass
, .
'De'velopment Agreement
B. STREET AND UTILITY IMPEDVEl\tffiNTS. In accordance with the policies and
ordinances of the City, the following described improvements (hereinafter collectively called
the ';Street fLl1d Utility L'11provements"), to include improvements as described by the plans,
specifications, and contract dcy,::umems entilkd Eagle Pass Streets and Utilities, as prepared
by the Ciry' Engineer, MSA Consulting Engineers, and as adopted and approved by the City
Council of the City of Centerville. Said improvements shall be constructed and installed by
the City to serve the Subdivision on the terms and conditions according to Ordinance tl8,
Section 38.01, and other impr,)vemems specific to lile devdopment herein set forth:
1. Street Construction. The base course shall be completed before November ]2, 1996.
The wear course shall be completed before September 1, 1997, or when the City
deems appropriate according to the progress of w~rk on the individual lots. The
Developer shall be liable for any increase in cost for construction of the wear course
due to delays in construction on the individual lots.
A temporary turnaround shall be provided at the end of eagle Trail. To offset the cost
of the future street extension u1rough the Eagle Pass development, ll1e Developer shall
provide to the Ciry a cash escrow depo::;it in the sum of $1 ,850 to cover me cost of said
curb and gutter and street ex.tension,
2. Utility Oversizing. The City arld Developer agree that a portion of the sanitary sewer
and waterm<.iin has been installed with sufficie:m capacity to acconul1odate fumre
extensions to other area~ of the City. The City shall credit t.."1e Developer for the costs
above and beyond the sizes sufficient to acco1T'Jilodate the development. The credit
due the Develope:- at me time of filli'1.l plat approval is $20,000. A final credit due the
Developer will be calculated at the completion of the utility consrruction.
~. Construction Procf'dures. AU sllch improvements set out in Ordinance #8, Section
38.01, aDd as additionally specified herein shall be instituted, (;onstrLlcted, and
fina...rlced as fo Bows:
a. Tne Developer shall provide tv the City in writing an indication of the contracrof
selected by the Developer to construct and install the Street and Utility
Improvements. The City shall rese!'ve the right to determine if the contractOr
selected by the Devdoper is acceptable. The City reserves the right to require
satisfacrory proof of sClccessfi.ll experk.t:lce and adequate financial status by any
such contractor.
b. ConsI1uction shall not begin until written notice authorizing constlUction to start
is rectived by the Developer from the CilY.
C. Construction shalt be completed to the standards and specifications described in
the plans and specifications entitled Eagle Pass Streets and Utilities.
Eagle Pass
Development Agreement
5. Required Paymen!~ of Special Assessments by p~velope[. Developer, its heirs,
successors, or assigns hereby agrees that prior to or on issuance of certificate of
occupancy, to pay the emire unpaid improvement costs assessed or to be assessed
under this Agreement against such property.
If a certificate of occupancy is issued before the special assessments have been levied,
r...'1e Developer, its heirs, successors, or assigns shall pay the City the sum of cash equal
to the Engineer's e::;tL-nate of the special assessments for such improvements that would
be levied against t..~e property- Upon such payment, the City shall issue a certificare
shO\ving the assessments are paid in full. Notwithstanding the issuance of said
certificate, the Developer shall be liable to the City for any deficiency and the City
shall pay L,1e Developer any surplus arising from the payment based upon such
estimate.
I
I
t.
I
I
6. Acceleration TJp(l.!l Defauli. In tile event th.e Developer violates any of the covenants,
conditions. or agre.;ments herein contained to be performed by the Developer, violates
any ordL.'1al1ce, mle, or regulation of t'1e City, CounTY of Anoka, State of MilU1esota,
or other goverrll'11ental entity h.aving jurisdiction oVer the plat, or fails to pay any
installment of any special assessment levied pursuant hereto, or any interest thereon,
when the same is to be paid pursuant hereto, the City, at its option, in addirion to its
rights and remedies hereu.nder. after ten (10) days' written notice to me Developer,
w.ay declare all of t1-:\e unpaid special assessrnenrs which are then estimated or levied
pursuant to this ,A.greemem due and payable in full, with interest. The City may seek
recovery of such special assessments due and payable from r.h.e security provided in
Paragraph (B) hereot In the event that such securiry is insufficient to pay the
outstanding amount of such special assessments plus accrued interest, the City may
certify such outstandirlg special assessment in full to the County AuditOr pursuant to
MS .:1.29.061, Subdivision 3, tor collection the following year. The City, at its option,
may C0n1.il1enCe legJ.I action against u'1e Dt:veioper to collect the entire unpaid balance
of the special assessments then estimated or levied pursuant hereto, with interest,
including reasonable attorney's fees and De veloper shall be liable for such special
assessments and, if more than one, such liability shall be joint and several. Also, if
ihe Developer violates any term or condition of this agreement, or if any payment is
not D,1ade by Deyeloper pursuant to this agreement, the City, at its option, may refuse
to issue building permits to any of the property vv'ithin the plat on which the
assessments have not been paid.
C. RF.C()'RDlNG-A4......~D RElEASE. Tht' Developer agrees that t.!1.e terms of this Development
Contract $.hall be it covenant on allY and all property included in the Subdivision. The
Developer agrees rhat the Ciry shall have the right to record a copy of Ihis Development
Comracr with the Anoka County Recor.j~r to give notice to future purchasers and owners.
This shall be re:eorded against the Subdivtsion described on page 1 hereof.
Ea~le Pass
Development Agreement
D. REThiBURSEMEl\;T OF COSTS. The Developer agrees to fully reimburse the City for
all costs incurred by the City inducting. bet not limited to, the actual costs of construction
of said improvements. engineering fees, legal fees, inspection fees, interest costs, costs of
acquisition of necessary casements, if any, and any ot\er costs incurred by the City relating
to this Development Contract and the installation and financing of the aforementioned
improvements.
K QCrlTP A TION OF PRF'lVHSES. The Developer funher agrees that they will not cause
to be occupied any premises upon the plat or any property within the plat until the
completion of the gas, electric, telephone, water, and sewer improvements required by this
Development Contract have bt:en insta.Iied, unless tJ.1t: City has agreed in writing to waive
this requirement as to a specific premises. Furtheml()r~, Developer shall be granted no
certificates of occupancy for homes within the plat prior to substantial complerion of all
Private and SIreet and Utili!:'! Improvements describ~d in this Agrtement.
F. CT ,EAN l)f. The Developer shall be responsible to keep new and exiSling streets clean and
shail conduct romine sw.;':eping or the prcjeCt area. The Developer shall clean streets no
later than 24 hours after b.:ing notified by the City.
G. liQMEOw'?\i"'ER NOTiCE. Developer agrees to provide the owner of each lot purchased
wit.1.in tilt developmem on or before ll12 date of closing a statement in substantially the form
shown as Exllibir A h~reto, A signed. copy of such agreement shall be returned to the City
wi-u.'1in ten (10) days following execution by the homeowner.
H. O"Vj\j"FRSHIP OF nVIPROv'EI\lENTS. Upon completion of the work and construction
required by this cont.ract and accepunc:e by the City, the improvem,ents lying within the
public easements shall become City property \vitb.out further notice or action.
1. RET1\;fBITRSE1\'lENT OF COSTS FOR DEFFNSE. The Developer agrees to reimburse
Lhe City for all costs incurred by me City in defense of enforcement of this contract, or any
portion thereof, inducting ccurt cosb and reasonable engineering and attorney's fees.
J. VA LIDITY. If any pOi1ion, sectior:, subsection, seut~nce, clause, paragraph, or pbrase in
mis contract is for any reason held to be inyalid by a COUl1 of competent jurisdiction, such
decision shall nor affeCI or vc,id any of the other provisions of the Development Contract.
K. GENERAL
1.
Bindin~ Effect. The term~ and prc:visiollS hereof shaH be binding upon and insure to
the benefit of the heirs, representatives, successors, and assigns of the parties hereto
and shall be binding upon all future owners of all or any pan of the Subdivision and
shaH br;: deemed covenants nlnning with the land.
')
N()ti~. \Vh~never in this Agreement it shall be required or permined that notice or
demand be gi-,ien or served by either party to this Agreemem to or on [he other party,
such notice or demand sha.ll be delivered personally or mailed by United States mail
Eagle Pass
Development Agreement
to the addresses hereinbtftxe set fonh on Page 1 by certified mall (rerum receipt
reque~tt:J). Such notice or demand shall be deemed timely given when delivered
personally or when d.eposited in tile mail in accorda.nce with the above. The addresses
of the parties hereto are 80$ set forth on Page 1 until changed by notice given as above.
3. Final Plat Anproved. The City agrees to give final approval to the plat of [he
Subdivision upon ex.ecution and delivery oJ this Agreement and of all required
petitions, bonds~ fees, and securities indicated i.n Exllibir B.
4. Incorporation by RefereDge. All pla11s, special provisions. proposals, specifications,
and contracts for the improvements furnished and let pursuant to this Agreement shall
be and hereby afe made a Dart of this a~m;ement b)i reference as fullv as if set out
" .I.: '-- J
herein in full. -
L. VIOLATION OF AGREEl!:fENT In the event L1ar Developer violates any of the covenants
and agreements contained in tIlis Developmeut Contract and to be performed by the
Dev.eioper, the City, at i!s option, in addition to the rights a....'1d remedies as set om hereunder
may refuse to issue buildili.g permits to any properlY within the plat until such time as such
default has been corrected to th~ satisfaction of the City.
M. PARK DEDICAJ'ION The Developer agrees to provide park dedication to the City in the
form of land, equipment, and irnpro,err.ents at a value of $112.9RO, or 10% of L~e pla[ land
value prior ro development.
N. STORl\-nV A TER FEES The- SWmiwal.er fe;,; ~hall be paid by the Developer prior to
approval oft11,,; final plat. This fee is $44,244.85, based on a charge of $0.01546 per square
foot of 65.7 acres of plaued area.
O. LIABILITY INSITRANf'E REOUIRE:ME~I. The Developer shal! provide to the City.
at w.1e Developer's expense, gene1'31 public liability and property damage insurance including
vehicle coverage protecting ilie City and the Developer from all claims for personal injury,
including death, and all cla.l.1TiS f()l' construction of or damage [() property, arising out of or
in con.i1ection with any opera~ions under rhese c(mtract documents, \vhether such operations
be by the Deveiop<:r, its ContraCtor, or by any subcontraci.Or, Of anyone directly or
indirectly employed by the Contractor or by a subcontractor under him. Insurance shall be
written \virh a limit of liability of not less tItan $600,000 for all damages arising om of
bodily injury inciuding death, at any rime resulting therdrom, sustained by anyone person
in a.ny one ~tccidem; and a limit of liability of not less than $1,000,000 for any such damage
stlstained by ('>'ie. or more persons i!1 anv ODe accident. Insurance shall be written with a
- .
limit of !iabiliry of D,)t ltss than $300,000 for all property damage sustained by one person
in anyone accident, and a limit of liabiilty of not less than $600,000 for any such damage
sustained by two or more persons in any ont accidenL The insurance policies shall
accompany the contract for its execmic.TI by the Developer and the City of Centerville. The
above insurance p,..)licies ~h3.11 be in full force and effcc[ during u'1e life of this contract.
Ea\!le Pass
\ ,-
Development Agreement
P. LOT SETBACKS" All single family homes shall be constructed to meet the 80-foot lot
width at the front setback.
Q. CENTER iSLAND AT ENTRANCE. Maintenance and landscaping of the center island
at the entrance of the devebpment shall be the responsibility of the Association for the
development. The center island area shall be deeded as an omlot and dedicated to the
Association. The City reserves t.:.~e fighr to assess the AssO'.::iation for improvements and/or
maintenance of tb.c center island.
DEVELOPER
CITY OF CENTERVILLE
GOR-EM, LLC
/:fv~
') '/ I I
By: ~I r/~ , r:Az::-.....J
~.
. '(I
(~ /'C"'" ~ ?.U.L../-J.~
~ .
Mayor
ATTEST:
By: '\1 -/?h j xJat.t.,12bZOL
Ci Clerk
Eagle Pass
Development Agreement
I, Gary M. Gorham, the undersigned; do hereby verirythat I am the
Chief Manager of Gor-Em, LLC, and hereby personally guarantee all
duties, obliqatlonsj and undertaking of said Limited Liability
Company as set forth in this Development Contract.
/~~ rlJ ~
?).ef Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
on this 0 day of .' / f2l/-U I 1996, before me, a
Notary Fublic~n and County, personally appeared Tom
tvilharb~r to me known to be the Mayor of the city of Centerville,
and who ej{ecut~d the_.f9:t:Pon' 1j""'~...i.nstt:urnent and acknowledged that he
executed the 5a~= ~ ~'f . tA.~~.~~s~id'. city.
t V"'~~ h"" .,....l'll",,-,. .
z<<.J.'~ HO;Am',"_..';!N;>i<)!l' 0i: I ~ 17 ~i ,../. J
I~ My~~t~~,~~". K-f )/- Iv X..: .;()fJ 11!J}~1 / ~
'41..~ ml1~t i1~~~ I No\..ary Publ c
STATE OF MINNESOTA
)
) SS.
\
I
f"111~ - ~61t4.' r"."""j*',. .4.... " ~J Vi l
~ 9 OANe1..\. M. MSrSROCK ~
iL -}.!:' NOTARY PUBliC. M1NNESor A ~
\:~ i 10- NO. 20049732 l
...~"..., My Comml~31o:l Expires Jan. 31, Z(1()O ,
COUNTY OF ANOK..!"
r,\.+i
On this Cf ~rl day of ' ~Q.Vr\.b.tv ,1996, before me, a
Notary Public within and for said county, personally appeared
Ry-chel Gaustad to me known to be the City Clerk of the city of
centerville, and who ex@cuted the foregoing instrument and
acknowledged that she ~xecut~d the same on behalf of said city.
1)cuWI -YV(. tJvxm.CC!C
Notary Public
STATE OF MINNESOTA )
) 55.
COUNTY OF ANORA )
On this JI-ff: day of f}e(,~~rr I 1996, before me, a
Notary Public within and for ~county, personally appea~ed Gary
M. Gorham, to me known as Chief Manager of Gor-Em, LLC, a Limited
Liability Company unde:- the laws of Minnesota, and that they
executed the foregoing instrument and acknowledged that they
executed the same on behalf of said Limited Liability Company.
r-::"'~I"~' LtSA~tDUh\0l\
1 ii'-r.:-~. I'(lTAR'I PV9\.lC..l.llw.;~SJr"
~~ ANOM cooNTY
- ~y W'fC~l~~.Jf>jan.~~.2000
Lr,4"'~A' .t _"\1.. 1 ...,~.
'- /7. .~ -----; -!:l'
cY~,'jI\"\ "'1.{~~ ...,
Notary P lie
Rattle Pass
v~
Development Agreement
EXHfBlT A
I,
Eagle Pass Development, do understand Ulat;
, homeowner of Lor _, Block
II A sidewalk is planned to be consnucted in the City street tight-of. way .
.II It is my responsibility as property owner that within one year from the issuance of the Occupancy
Permit my lot will be landscaped in a mafil:~r that prevents erosion due to wind or water.
II It is my responsibility as property O',vnel' to mainrain the sod and-trees that have been installed. Trees
art guaranteed for one year from initial plant date.
... Grading will not bo:: altered on my lot
Date:
Homeowner Signarure
A copy of this mus( bt rtrurned to the City of Centervilie, 1880 ~iIain Street, Centerville, Minnesota
55038, when completed at closing.
?~$le Pass
Development Agreement
EXHIBIT B
CASH EEES
L
Storrnwater Fees
$44,244.85
')
....
Eagle Trail Future Extension
$1,850.00
3.
Preliminary Plat Filing
$200.00
4.
Final Plat Filing
$200.00
5.
Administration Fees $100/Lot
$11.400 00
TOTAL
$57,894.85
CREDITS
1. Oversizing Utilities
$20,000.00
SECURITlES
1. Street and Udlity Improvements (DisbursemerH Agreement)
$1.230,708.15
2. Private Irnprovemems (Paragraph A1)
M5,37500
TOTAL
$1.276 0~3, 15
1880 Jv[ain Street (J; Centervi[[eJ w[1\[ 55038
(651) 429.3232 a ,/a?( (651) 429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION 01 - 018
RESOLUTION ACCEPTING BID & AWARDING PHEASANT MARSH SUB-
DIVISION (PHASE I) STREET & UTILITY IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for the improvement of streets and
utilities for the Pheasant Marsh Sub-Division (Phase I), bids were received, opened and
tabulated according to law, and the following bids were received:
Contractor's Name
Total Base Bid
Park Construction Company
Forest Lake Contracting, Inc.
Northdale Construction Co., Inc.
$726,615.90
$767,825.70
$807,862.35
AND WHEREAS, it appears that Park Construction Company is the lowest responsible
bidder,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
CENTER VILLE, MINNESOTA:
1. The Mayor and Clerk are hereby authorized and directed to enter into a
contract with Park Construction Company in the name of the City of
Centerville for the improvements of streets and utilities according to the plans
and specifications therefore approved by the City Council and on file in the
office of the City Clerk.
PASSED AND ADOPTED by the City Council this 26th day of September, 2001.
Approved by the Centerville City Council on September 26, 2001.
Attest
Mayor
Clerk/Treasurer
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Extract of Minutes of Meeting
of the City Council of the City of
Centerville, Anoka County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Centerville, Minnesota, was duly held in the City Hall in said City on Wednesday, September
26,2001, commencing at 6:30 o'clock P.M.
The following members were present:
and the following were absent:
* * *
* * *
* * *
The Mayor announced that the next order of business was consideration of the proposal
which had been received for the purchase of the City's $990,000 General Obligation
Improvement Bonds, Series 2001.
The City Administer presented the proposal received for the Bonds.
After due consideration of the proposal, Member
then
introduced the following written resolution, the reading of which was dispensed with by
unanimous consent, and moved its adoption:
SJB-202938v2
CE155-17
RESOLUTION NO. 01-019
A RESOLUTION AWARDING THE SALE OF $990,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001
FIXING THEIR FORM AND SPECIFICA nONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Centerville, Anoka County,
Minnesota (City) as follows:
Section 1.
Sale of Bonds.
1.01 It is hereby determined that:
(a) the following assessable public improvements (the Improvements) have
been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the
provisions of Minnesota Statutes, Chapter 429 (Act);
Proiect Designation & Description:
Total Proi ect Cost
Pheasant Marsh Phase I Improvements
Cost of Issuance
Bond Discount
Capitalized Interest
$913,077
6,900
15,840
54,183
Total
$990,000
(b) it is necessary and expedient to the sound financial management of the
affairs of the City to issue $990,000 General Obligation Improvement Bonds, Series 200 I
(Bonds) pursuant to the Act to provide financing for the Improvements.
1.02. The proposal of Juran & Moody, a division of Miller Johnson Steichen Kinnard
Investment Securities Inc. (Purchaser) to purchase the Bonds is hereby found and determined to
be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price
of $974,160 plus accrued interest to date of delivery, for Bonds bearing interest as follows:
.
SJB-202938v2
CE155-17
Year of
Maturity
2004
2005
2006
2007
2008
Interest
Rate
Year of
Maturity
2009
2010
2011
2012
2013
Interest
Rate
1.03. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes,
Chapter 429 (Act) in the total principal amount of $990,000 originally dated October 1,2001, in
the denomination of $5,000 each or any integral multiple thereof, numbered No. R-l, upward,
bearing interest as above set forth, and maturing serially on February 1 in the years and amounts
as follows:
Year Amount Year Amount
2004 75,000 2009 100,000
2005 80,000 2010 105,000
2006 85,000 2011 115,000
2007 90,000 2012 120,000
2008 95,000 2013 125,000
1.04. Optional Redemption. The City may elect on February 1, 2008, and on any day
thereafter to prepay Bonds due on or after February 1,2009. Redemption may be in whole or in
....part and if in part, at the option of the City and in such manner as the City will determine. If less
than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in
Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine
by lot the amount of each participant's interest in such maturity to be redeemed and each
participant will then select by lot the beneficial ownership interests in such maturity to be
redeemed. Prepayments will be at a price of par plus accrued interest.
Section 2.
Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by
check or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid
or made available for payment, unless (i) the date of authentication is an interest payment date
to which interest has been paid or made available for payment, in which case the Bond will be
dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest
payment date, in which case the Bond will be dated as of the date of original issue. The interest
on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2002,
to the registered owners of record thereof as of the close of business on the fifteenth day of the
immediately preceding month, whether or not that day is a business day.
SJB-202938v2
CEl55-17
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating
agent and paying agent (Registrar). The effect of registration and the rights and duties of the
City and the Registrar with respect thereto are as follows;
(a) Register. The Registrar must keep at its principal corporate trust office a
bond register in which the Registrar provides for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed
by the registered owner thereof or accompanied by a written instrument of transfer, in
form satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar will
authenticate and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of any transfer
after the fifteenth day of the month preceding each interest payment date and until that
interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the
owner's attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be
promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
( e) Improper or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on the Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person
in whose name a Bond is registered in the bond register as the absolute owner of the
Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on the Bond and for all other purposes and
payments so made to registered owner or upon the owner's order will be valid and
effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or
sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar
SJB-202938v2
CE155-17
for any tax, fee or other governmental charge required to be paid with respect to the
transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated
or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount,
number, maturity date and tenor in exchange and substitution for and upon cancellation
of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost,
upon the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the
Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of
the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it and as provided by law, in
which both the City and the Registrar must be named as obligees. Bonds so surrendered
to the Registrar will be cancelled by the Registrar and evidence of such cancellation must
be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured
or been called for redemption in accordance with its terms it is not necessary to issue a
new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption,
notice thereof identifying the Bonds to be redeemed will be given by the Registrar by
mailing a copy of the redemption notice by first class mail (postage prepaid) to the
registered owner of each Bond to be redeemed at the address shown on the registration
books kept by the Registrar and by publishing the notice if required by law. Failure to
give notice by publication or by mail to any registered owner, or any defect therein, will
not affect the validity of the proceedings for the redemption of Bonds. Bonds so called
for redemption will cease to bear interest after the specified redemption date, provided
that the funds for the redemption are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints
, Minnesota, as the initial
Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on
behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar
with another corporation, if the resulting corporation is a bank or trust company authorized by
law to conduct such business, the resulting corporation is authorized to act as successor
Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the
services performed. The City reserves the right to remove the Registrar upon 30 days' notice and
upon the appointment of a successor Registrar, in which event the predecessor Registrar must
deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond
register to the successor Registrar. On or before each principal or interest due date, without
further order of this Council, the City Administrator must transmit to the Registrar monies
sufficient for the payment of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the
direction of the City Administrator and executed on behalf of the City by the signatures of the
Mayor and the City Administrator, provided that those signatures may be printed, engraved or
lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose
SJB-202938v2
CE155-17
signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that
signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the
officer had remained in office until delivery. Notwithstanding such execution, a Bond will not
be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution
unless and until a certificate of authentication on the Bond has been duly executed by the manual
signature of an authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed certificate of
authentication on a Bond is conclusive evidence that it has been authenticated and delivered
under this Resolution. When the Bonds have been so prepared, executed and authenticated, the
City Administrator will deliver the same to the Purchaser upon payment of the purchase price in
accordance with the contract of sale heretofore made and executed, and the Purchaser is not
obligated to see to the application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive
Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3
with such changes as may be necessary to reflect more than one maturity in a single temporary
bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be
exchanged therefor and cancelled.
Section 3.
Form of Bond.
3.01. The Bonds will be printed or typewritten in substantially the following form:
[Face of the Bond]
No. R-
$
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2001
Rate
Maturity
Date of
Original Issue
CUSIP
October 1, 2001
Registered Owner: Cede & Co.
The City of Centerville, Minnesota, a duly organized and existing municipal corporation
in Anoka County, Minnesota (City), acknowledges itself to be indebted and for value received
hereby promises to pay to the Registered Owner specified above, the principal sum of $
SJB-202938v2
CEl55-17
on the maturity date specified above, with interest thereon from the date hereof at the annual rate
specified above, payable February 1 and August 1 in each year, commencing August 1,2002, to
the person in whose name this Bond is registered at the close of business on the fifteenth day
(whether or not a business day) of the immediately preceding month. The interest hereon and,
upon presentation and surrender hereof, the principal hereof are payable in lawful money of the
United States of America by check or draft by ,
Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its
designated successor under the Resolution described herein. For the prompt and full payment of
such principal and interest as the same respectively become due, the full faith and credit and
taxing powers of the City have been and are hereby irrevocably pledged.
The City may elect on February 1, 2008, and on any day thereafter to prepay Bonds due
on or after February 1, 2009. Redemption may be in whole or in part and if in part, at the option
of the City and in such manner as the City will determine. If less than all Bonds of a maturity are
called for redemption, the City will notify Depository Trust Company (DTC) of the particular
amount of such maturity to be prepaid. DTC will determine by lot the amount of each
participant's interest in such maturity to be redeemed and each participant will then select by lot
the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a
price of par plus accrued interest.
The City Council has designated the issue of Bonds of which this Bond forms a part as
"qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for
financial institutions and within the $10 million limit allowed by the Code for the calendar year
_ ____of issue.
This Bond is one of an issue in the aggregate principal amount of $990,000 all of like
original issue date and tenor, except as to number, maturity date, redemption privilege, and
interest rate, all issued pursuant to a resolution adopted by the City Council on September 26,
2001(the Resolution), for the purpose of providing money to defray the expenses incurred and to
be incurred in making local improvements, pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and
the principal hereof and interest hereon are payable from special assessments against property
specially benefited by local improvements, as set forth in the Resolution to which reference is
made for a full statement of rights and powers thereby conferred. The full faith and credit of the
City are irrevocably pledged for payment of this Bond and the City Council has obligated itself
to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in
special assessments pledged, which taxes may be levied without limitation as to rate or amount.
The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or
any integral multiple thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by
the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
duly executed by the registered owner or the owner's attorney; and may also be surrendered in
SJB-202938v2
CE155-17
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of
the same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose
of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will
be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota, to be
done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in
order to make it a valid and binding general obligation of the City in accordance with its terms,
have been done, do exist, have happened and have been performed as so required, and that the
issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or
statutory limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the
Bond Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Centerville, Anoka County, Minnesota, by its City
____.Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures
of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth
below.
Dated:
CITY OF CENTER VILLE, MINNESOTA
(Facsimile)
City Administrator
(F acsimile)
Mayor
SJB-202938v2
CE155-17
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
By
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Bond, will
be constructed as though they were written out in full according to applicable laws or
regulations:
TEN COM -- as tenants
m common
UNIF GIFT MIN ACT Custodian
(Cust ) (Minor)
TEN ENT -- as tenants
by entireties
under Uniform Gifts or
Transfers to Minors
JT TEN --
as joint tenants with
right of survivorship and
not as tenants in common
Act. . . . .
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint attorney to
transfer the said Bond on the books kept for registration of the within Bond, with full power of
substitution in the premises.
Dated:
Notice:
The assignor's signature to this assignment must correspond with the name
as it appears upon the face of the within Bond in every particular, without
alteration or any change whatever.
SJB-202938v2
CE155-17
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the
Securities Transfer Agent Medallion Program (IfST AMP If), the Stock Exchange Medallion
Program (IfSEMplf), the New York Stock Exchange, Inc. Medallion Signatures Program (IfMSPIf)
or other such Ifsignature guarantee program If as may be determined by the Registrar in addition
to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange
Act of 1934, as amended.
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this
Bond is held by joint account.)
_...Please insert social security or other
identifying number of assignee
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on
the books of the Registrar in the name of the person last noted below.
Date of Registration
Registered Owner
Signature of
Officer of Registrar
Cede & Co.
Federal ID #13-2555119
SJB-202938v2
CE155.17
3.02. The City Administrator is directed to obtain a copy of the proposed approving
legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be
complete except as to dating thereof and to cause the opinion to be printed on or accompany each
Bond.
Section 4.
Payment; Security; Pledges and Covenants.
4.01. (a) The Bonds are payable from the Improvement Bonds, Series 2001 Debt
Service Fund (Debt Service Fund) hereby created, and the proceeds of special assessments
(Assessments) levied or to be levied for the Improvements described in Section 1.01 financed by
the Bonds are hereby pledged to the Debt Service Fund. If a payment of principal or interest on
the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the
same, the City Administrator is directed to pay such principal or interest from the general fund of
the City, and the general fund will be reimbursed for the advances out of the proceeds of
Assessments when collected. There is appropriated to the Debt Service Fund (i) capitalized
interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price
paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and
delivery of the Bonds.
(b) The proceeds of the Bonds, less the appropnatIOns made in paragraph (a),
together with any other funds appropriated for the Improvements and Assessments collected
during the construction of the Improvements will be deposited in a separate construction fund
(which may contain separate accounts for each Improvement) to be used solely to defray
expenses of the Improvements and the payment of principal and interest on the Bonds prior to
---the completion and payment of all costs of the Improvement. Any balance remaining in the
construction fund after completion of the Improvements may be used to pay the cost in whole or
in part of any other improvement instituted under the Act. When the Improvements are
completed and the cost thereof paid, the construction account is to be closed and subsequent
collections of Assessments for the Improvements are to be deposited in the Debt Service Fund.
4.02. It is hereby determined that the Improvements will directly and indirectly benefit
abutting property, and the City hereby covenants with the holders from time to time of the Bonds
as follows:
(a) The City has caused or will cause the Assessments for the Improvements
to be promptly levied so that the first installment will be collectible not later than 2003
and will take all steps necessary to assure prompt collection, and the levy of the
Assessments is hereby authorized. The City Council will cause to be taken with due
diligence all further actions that are required for the construction of each Improvement
financed wholly or partly from the proceeds of the Bonds, and will take all further actions
necessary for the final and valid levy of the Assessments and the appropriation of any
other funds needed to pay the Bonds and interest thereon when due.
(b) In the event of any current or anticipated deficiency in Assessments, the
City Council will levy ad valorem taxes in the amount of the current or anticipated
deficiency.
SJB-202938v2
CE155-17
(c) The City will keep complete and accurate books and records showing:
receipts and disbursements in connection with the Improvements and Assessments levied
therefor and other funds appropriated for their payment, collections thereof and
disbursements therefrom, monies on hand and, the balance of unpaid Assessments.
(d) The City will cause its books and records to be audited at least annually
and will furnish copies of such audit reports to any interested person upon request.
4.03. It is hereby determined that the estimated collections of Assessments and interest
thereon for payment of principal and interest on the Bonds will produce at least five percent in
excess of the amount needed to meet when due, the principal and interest payments on the Bonds
and that no tax levy is needed at this time.
4.04. The City Administrator is authorized and directed to file a certified copy of this
resolution with the County Auditor of Anoka County and to obtain the certificate required by
Minnesota Statutes, Section 475.63.
Section 5.
Authentication of Transcript.
5.01. The officers of the City are authorized and directed to prepare and furnish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records
of the City relating to the Bonds and to the financial condition and affairs of the City, and such
other certificates, affidavits and transcripts as may be required to show the facts within their
__knowledge or as shown by the books and records in their custody and under their control,
relating to the validity and marketability of the Bonds, and such instruments, including any
heretofore furnished, may be deemed representations of the City as to the facts stated therein.
5.02. It is determined that no official statement or prospectus has been prepared for
circulated by the City in connection with the sale of the Bonds and that the Purchaser has made
its own investigations concerning the City as set forth in an investment letter of even date,
receipt of which is hereby acknowledged.
Section 6.
Tax Covenant.
6.01. The City covenants and agrees with the holders from time to time of the Bonds
that it will not take or permit to be taken by any of its officers, employees or agents any action
which would cause the interest on the Bonds to become subject to taxation under the Internal
Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated
thereunder, in effect at the time of such actions, and that it will take or cause its officers,
employees or agents to take, all affirmative action within its power that may be necessary to
ensure that such interest will not become subject to taxation under the Code and applicable
Treasury Regulations, as presently existing or as hereafter amended and made applicable to the
Bonds.
SJB-202938v2
CE155-17
6.02. (a) The City will comply with requirements necessary under the Code to establish
and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of
the Code, including without limitation requirements relating to temporary periods for
investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and
the rebate of excess investment earnings to the United States if the Bonds (together with other
obligations reasonably expected to be issued in calendar year 2001) exceed the small-issuer
exception amount of $5,000,000.
(b) For purposes of qualifying for the small-issuer exception to the federal arbitrage
rebate requirements, the City finds, determines and declares that the aggregate face amount of all
tax -exempt bonds (other than private activity bonds) issued by the City (and all subordinate
entities of the City) during the calendar year in which the Bonds are issued is not reasonably
expected to exceed $5,000,000, within the meaning of Section 148(f)(4)(C) of the Code.
6.03. The City further covenants not to use the proceeds of the Bonds or to cause or
permit them or any of them to be used, in such a manner as to cause the Bonds to be "private
activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the
meaning of Section 265(b )(3) of the Code, the City makes the following factual statements and
representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the
Code;
(b) the City hereby designates the Bonds as "qualified tax-exempt
obligations" for purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than
any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by
the City (and all subordinate entities of the City) during calendar year 2001 will not
exceed $10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during
calendar year 2001 have been designated for purposes of Section 265(b)(3) of the Code.
6.05. The City will use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designations made by this section.
SJB-202938v2
CE155-17
Section 7.
Book-Entry System; Limited Obligation of City.
7.01. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon
initial issuance, the ownership of each Bond will be registered in the registration books kept by
the Bond Registrar in the name of Cede & Co., as nomInee for The Depository Trust Company,
New York, New York, and its successors and assigns (DTC). Except as provided in this section,
all of the outstanding Bonds will be registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee ofDTC.
7.02. With respect to Bonds registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the
Paying Agent will have no responsibility or obligation to any broker dealers, banks and other
financial institutions from time to time for which DTC holds Bonds as securities depository
(Participants) or to any other person on behalf of which a Participant holds an interest in the
Bonds, including but not limited to any responsibility or obligation with respect to (i) the
accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a
registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of
any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to
any Participant or any other person, other than a registered owner of Bonds, of any amount with
respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar
and the Paying Agent may treat and consider the person in whose name each Bond is registered
---in the registration books kept by the Bond Registrar as the holder and absolute owner of such
Bond for the purpose of payment of principal, premium and interest with respect to such Bond,
for the purpose of registering transfers with respect to such Bonds, and for all other purposes.
The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or
on the order of the respective registered owners, as shown in the registration books kept by the
Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge
the City's obligations with respect to payment of principal of, premium, if any, or interest on the
Bonds to the extent of the sum or sums so paid. No person other than a registered owner of
Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated
Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City
Administrator of a written notice to the effect that DTC has determined to substitute a new
nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of
DTC; and upon receipt of such a notice, the City Admistrator will promptly deliver a copy of the
same to the Bond Registrar and Paying Agent.
7.03. Representation Letter. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of
principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds.
Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the
Bonds will agree to take all action necessary for all representations of the City in the
Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be
complied with at all times.
SJB-202938v2
CE155-17
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the
City CQuncil, determines that it is in the best interests of the persons having beneficial interests
in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon
DTC will notify the Participants, of the availability through DTC of Bond certificates. In such
event the City will issue, transfer and exchange Bond certificates as requested by DTC and any
other registered owners in accordance with the provisions of this Resolution. DTC may
determine to discontinue providing its services with respect to the Bonds at any time by giving
notice to the City and discharging its responsibilities with respect thereto under applicable law.
In such event, if no successor securities depository is appointed, the City will issue and the Bond
Registrar will authenticate Bond certificates in accordance with this resolution and the provisions
hereof will apply to the transfer, exchange and method of payment thereof.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution
to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC's
Operational Arrangements, as set forth in the Representation Letter.
Section 8. Continuing Disclosure.
8.01. Participating underwriters need not comply with the continuing disclosure
requirements of Rule l5c2-l2 promulgated by the Securities and Exchange Commission under
the Securities Exchange Act of 1934 (the "Rule"), because the offering is in a principal amount
_..._less than $1,000,000. Consequently, the City will not enter into any undertaking to provide
continuing disclosure of any kind with respect to the Bonds.
The motion for the adoption of the foregoing resolution was duly seconded by Member
, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
SlB-202938v2
CE155-17
STATE OF MINNESOTA)
)
COUNTY OF ANOKA ) SS.
)
CITY OF CENTERVILLE )
I, the undersigned, being the duly qualified and acting City Administrator of the City of
Centerville, Anoka County, Minnesota, do hereby certify that I have carefully compared the
attached and foregoing extract of minutes of a regular meeting of the City Council of the City
held on September 26, 2001 with the original minutes on file in my office and the extract is a
full, true and correct copy of the minutes insofar as they relate to the issuance and sale of
$990,000 General Obligation Improvement Bonds, Series 2001 of the City.
WITNESS My hand officially as such City Administrator and the corporate seal of the
City this
day of September, 2001.
City Administrator
Centerville, Minnesota
(SEAL)
SJB-202938v2
CE155-17
STATE OF MINNESOTA
COUNTY AUDITOR'S
CERTIFICATE AS TO
REGISTRATION WHERE NO AD
VALOREM TAX LEVY
COUNTY OF ANOKA
I, the undersigned County Auditor of Anoka County, Minnesota, hereby certify that a
resolution adopted by the City Council of the City of Centerville, Minnesota, on September 26,
2001, relating to General Obligation Improvement Bonds, Series 2001, the amount of $990,000
dated October 1, 2001, has been filed in my office and said obligations have been registered on
he register of obligations in my office.
WITNESS My hand and official seal this _ day of September, 2001.
County Auditor
Anoka, County, Minnesota
(SEAL)
Deputy
SJB-202938v2
CE 155-17
.
~
ROONEY & NEILSON, LTD.
A TTORNEYS AT LA W
3260 RICE STREET
LITTLE CANADA, MN 55126
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Thomas J. Rooney
Larry Neilson
Telephone (651) 481-9222
Telefax (651) 481-7038
E.mail: tjrooneydm@aol.com
lwneilson@hotmail.com
September 11, 2001
City Clerk
City of Centerville
1880 Main Street
Whrre-Bear-Lak:@;--MN 55110
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Re: R & R Leasing, Inc. File #12037
Dear Clerk:
Enclosed is a copy of a Survey which was used in connection with the lot split for R & R
Leasing, Inc. Also enclosed are copies of the assessments for water main and sewer
improvements and an unspecified municipal improvement. Each of these affects Parcel
23 31 32240001 which we believe is comprised of 6.75 acres; .49 of an acre is in County
Road No.4, leaving 6.26 acres to pay the assessment. We are requesting a breakout of
---Parcels 2 and 3 which are the parcels that have been sold to permit them to be paid in full at
this time and to carry the parcel 1 and parcel 4 forward without full payment. My
understanding is that this has to be placed before the Council to approve splitting the
assessment.
Please place this matter before the Council. Thank you.
Yours "I-lery truly,
ROONEY & NEILSON, LTD.
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FROr'l : cENT
PHONE NO. : 651 429 8629
Jun. 06 2001 09:42AM P2
'I..-
;:::LLilb. \L6YO
ASSESSMENT SCHEDULE
Constant ATinual Payment Method
Proiect: ,,' Clearwater Creek: ~ration Projecl
PaiC~r ,~.3.1 ~_~_~9~01 /
Ow,..er.---.-Re~
LDt
Blocl:<:
Additi6n~
tnterest Start Date:
Repaymenf Period:
Interest Ra1e:
01-Qct-94
7 yr
9.0%
Assessmenh;:
QUANTiTY
UNIT
U1'-JIT PRICE
PJv10 UNT
a. MunicipaJ Impv.
b.
c.
d.
e.
1
EACH
5,606.72
$5,606.72
T o1a.1 Assessments:
$5.606.72
ANNUAL PRINCIPAL INTEREST PRINCIPAL
'. _.' YEAR. PAYMENT PAYMENT PAYMENT REMAINING
1994 $5)606.72
1995 $1,241.19 $609.40 ~631.19 $4,997.32
1996 $1,114.00 $664.24 $449.75 $4,333.03
1997 $1.114.00 $724.02 $389.98 $3.609.05
1998 $1.114.00 $789.19 S324.81 $2.819.87
Hl99 $1,114.00 $860.21 $253.79 $1.959.65
2000 $1,114.00 $937.63 $176.37 $1,022.02
2001 $1.114.00 $1/022.02 $91.9B $0.00
57,92520 = Total of Annual Paym~nts
.'
09108J94
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ASSESSMENT SCHEDULE
Constant Annual Payment Method
Project: 20TH AVENUE IMPROVEMENTS
P rojectN 0 26008 5M( 0583)-
tfcel:_ 23-31-22-44-0001
Owner: Rehbein A
lot:
Block:
Addition:
Interest Start Date:
Repayment Period:
Interest Rate:
May 12, 1998
10 yrs
8.00%
Assessments:
Watermain and Sewer Improvements
Unit Measure
lS
Unit Price
26,820.98
Amount
$ 26,820.98
YEAR SCHEDULED PRINCIPAL INTEREST PRINCIPAL
PAYMENT PAYMENT PAYMENT REMAINING
1998 $ $ $ $ 26,820.98
1999 $ 5,372.70 $ 1,851.44 $ 3,521.26 $ 24,969.54
2000 $ 3,997.12 $ 1,999.55 $ 1,997.56 $ 22,969.99
2001 $ 3,997.12 $ 2,159.52 $ 1,837.60 $ 20,810.47
-, 2002 $ 3,997.12 $ 2,332.28 $ 1,664.84 $ 18,478.19
2003 $ 3,997.12 $ 2,518.86 $ 1,478.26 $ 15,959.33
2004 $ 3,997.12 $ 2,720.37 $ 1,276.75 $ 13,238.96
2005 $ 3,997.12 $ 2,938.00 $ 1,059.12 $ 10,300.96
2006 $ 3,997.12 $ 3,173.04 $ 824.08 $ 7,127.92
2007 $ 3,997.12 $ 3,426.88 $ 570.23 $ 3,701.03
2008 $ 3,997.12 $ 3,701.03 $ 296.08 $ 0.00
$ 41,346.75 Total Scheduled Payment
260085as
ImPOR.T: DIVCOIIID:T
??A ROil: A
COVaR
PAYULB:2002
DIVISION TYPJ: r DIVISXOIiI
DOCtlDIIT TYPB: CD
DA%K OF TlARSrKR. 04/30/2001
CX'l'Y. CDTDVILLJ:
RUN r SBP14 01 11:47
PABB:
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C 0 U .N T Y
SRKST
DIVUIORI 95
IlAPS/1lYLUS PR.OOFKD BY
I"LAT ON xn.u OR
GIRI~ID ON 09/14/2001
PROOrID BY JR. ON 06/25/2001
WRITTBR BY SC ON 06/07/2001
PIR KlY
THB 1'0LLOWIlllG PARCBLISI AU HOW OUTI {STATUS INAC:TIYB}
23 31 22 44 0001 00220727
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PAaBRr ElYS: 00220727
Lcn/OXIT BLOCI:/TUCT
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s~ 670.74 II'T TO S LXMK or II
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LID or II 660 rr 404.35 TO POB
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01 SSC 1f 250.05 " TO SLID
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PARZMT ElYB. 00220727
Larlf1flIT BLOCX/TJU.CT
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22 Lye; N or S 265 rr TUBOI' .
LYG S 01' . 660 rr TRIBor. BX
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or III 660 P'l' 01' so 1/4 114. TB
II 88 DKG 32 laB 26 SIC " AL<J
SO S LllCIC or III 660 rr 404.35
ABa 1111'0 IN BY D1fS 0111 09/13/2001 A
l1NPLATTBD
pART
ASa I~ IR BY DM8 ON 09/13/2001 B
lJHPI.ATTBn
PART
RBPORT: DIVCOJIMJ:T
HI. N 0 It A
COVBR
PAYABLB:2002
PT TO POB or so LID. TH S 00
DBG 2Q KIN 01 SBe W 250.05 FT
'1:0 S LDlI or N 910 rr OJ!' so
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EX RD. StrBJ TO BASB OJ!' aBC
RUNlSlP1401 11:47
C 0 U 1/ T Y
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DIVl:SIOUI 95
PAGS:
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1565788
O;J ).3~ 31-;J;J- ~~-OOO /
Contr.act for Deed
Corporation or partnership Seller
Date: 4, J Itl , 1998.
I
TIllS CONTRACT FOR DEED is made on the above date by R & R Leasing, Inc., a corporation
under the laws Of the State of Minnesota , Seller, and First-Class Concrete, Inc., a Minnesota corporation.
Purchaser.
Seller and Purchaser agree to.the following terms:
1. PROPERTY DESCRIPTION. Seller hereby sells, and Purchaser hereby buys, real property in
Anoka County, Minnesota. described as:follows:
That part of the South 250 feet of the North 910 feet of the Southeast Quarter of the
Southeast Quarter of Section 23, Township 31, Range 22, Anoka County, Minnesota, lying
easterly of a line described as commencing at the southeastcomcr of said Section 23; thence
North 00 degrees 41 minutes 52 ~onds East" assumed bearing along the east line of said
Section 23, a distance of 670. ']l:l feet to the south line of the north 660 feet of said -Southeast
Quarter of the Southeast Quarter; thence.North 88 degrees 32 minutes 26-seconds West.
along said southJine nr the north 660 feet, a distance of 404.35 feet to the point of beginning
of thc.1inc..to be described; thence-South 00 degrees 20 minutes 01 seconds West 250.05 feet
to the south line of the north.910.00 feet of said Southeast Quarter of the Southeast Quarter
and said line there terminating. Except road.
together with all hereditaments and appurtenances belonging thereto (the Property).
The seller certifies that the Seller does not know of any existing wells on the above described
property .
'1.
2.. TITLE. Seller warrants that title to the Property is. on the date.of this contract, subject only to
..' e f'::lIowing exception~:
(a)
(b)
(c)
(d)
(e)
Covenants. conditions, restrictions. declaratiQns, and easements of record, if any;
Reservations of minerals or mineral rights by tbe State of Minnesota, if any;
Building, zoning, and subdivision laws and regulations;
The lien of real estate taxes and installments of special assessments which are-payable by
Purcbaser _pur.suanno paragraph 6 of this contract; and
The following liens or encumbrances; except easements, restrictions and reservations of
~~.'
3. DEUVERY OF DEED AND EVIDENCE OF TITLE. Upon
Purcbaser's prompt and fun performance of-this contract. Seller shall:
(a) Execute, acknowledge, and deliver to Purchaser a Warranty Deed, in recordable form,
conveying marketable title to the Property to Purchaser, subject only 10 the following
exceptions:
(i) Those exceptions referred to in paragraph 2(a), (b), (e), and (d) of this contract;
(ii) Liens, encumbrances, adverse claims, or other matters which Purchaser has created,
suffered, or permitted to accrue after the date of this contract; and
(iii) The'following liens or encumbrances: see 2{e) above.
(b) Deliver to Purchaser the abstract of title to the Property or, if the title is registered. the
owner's duplicate certificate of title.
4. PURCHASE PRICE. Purchaser shall-pay to Seller, at such place as Seller shall "designate in
writing, the sum of One Hundred Twenty Thousand and 001100 ($120,000.00) Dollars, as and for the
purchase price far the Property, payable as follows:
$20,000.00 in cash on the execution hereof, the receipt of which is hereby acknowledged, and the
balance of $100,000.00 in the following marmer:
$l,2B.28 or more on or before the 15th day of September, 1998, and $1,213.28 or more on or
before1he J5th day of each month thereafter until the 151h day of August, 2003 at which time all
sums then due hereunder shall be paid in full. The amount 'Of the balloon payment is computed to
be $59,836.52 assuming all payments are made when due. From each monthly jlayment there shall
fIrst be deducted interest at the rate of 8 % per annum and the balance applied to principal. Interest
shall run from -the date hereof.
5. PREPAYMENT, Unless otherwise provided in this contract,.Purcha-ser shall have the right to
fully or partially prepay this -contract at any time without penalty. Any partial pre-payment sball be applied
first to payment of amounts then due under this contract, including unpaid accrued interest. and the balance
shall be applied to the principal installments to be paid in1he inverse order of their maturity. Partial
2
prep~)'Il'ICnt..shall not postpone the due date :of the installments to be paid pursuant to this contract or change
c amount of such insraJJmenlS.
6. REAL ESTATE TAXES AND ASSESSMENTS. Purchaser shall pay, before penalty accrues,
all real esratetaxes and installments nfspecial assessments assessed against the Property which are due and
payable in the year 1999 and in all subsequent years. Real estate taxes and installments of-special
assessments which are due and payable in the year in which this contract is dated shall be prorated
between the Seller and the Purchaser. Seller agrees to pay on the date of closing all special
assessments levied and pending. Seller sballpay alIGnen Acres tax recapture.
The SeDer shall also install sewer"1lIld water to the property One on or before September I,
1998 at Seller's expense. City assessments for this cost to be paid by Seller as due with balance to be
paid off at the time Buyer pays offihis-Contract for Deed.
Seller warrants that the real estate taxes and inslalImentsof special-assessments which were due and
payable in the years preceding the year in which this contract is dated are paid in full.
7. PROPERTY INSURANCE. Not Applicable (Vacant Land).
(a) INSUREDRJSKS AND AMOUNT. Purchaser shalLkeep all buildings, improvements. and
fIXtures now or later located on or -a part of the Property insured against loss by fire,
extendedclWerage.perils, vandalism, malicious mischief, and, if applicable. _steam boiler
explosion for at least the amount of (vacant land), If any of the buildings. improvements, or
fixtures are located in a federally designated flood prone area, and if flood insurance is
available for that area, Purchaser shall procure and maintain flood insurance in amounts
reasonably satisfactory to Seller .
(b) OTHER TERMS. The insurance policy shall contain a los.s payable clause in favor of Seller
which prcwides that Seller's right to recover under the insurance shall not.be impaired ~y any
acts or omissions of Purchaser or Seller, and that Sellershall otherwise be afforded all rights
and priviJegescustomsrily provided a mortgagee under the so-called standard mortgage
clause.
(c) NOTICE OF DAMAGE. In the event of damage to tire Property by fire or other casualty,
PurChaser shall promptly give notice of such damage to Seller and the insurance company.
8. DAMAGE TO THE PROPERTY.
(a) APPUCATlON OF INSURANCE PROCEEDS. If the Property is damaged by fire or other
casualty, the insurance proceeds paid on account of such damage shall be applied to -payment
of the amounts payable by Purchaser under this contract, even if such amounts are not then
due to bcpaid. unless Purchaser makes aj>ermitted election described in the next paragraph.
Such amounts shall be fust applied to ul!Paid accrued interest and next to the installments 10
be -paid as provided in this contract in the inverse order 01 their maturity. Such payment
3
shall not postpOne1he due date of the installments to be paid pursuant to this contract or
change-rhe -amount of such installments. The balance of insurance proceeds, if any, shall be
the property of Purchaser.
(b) PURCHASER'S ELECTION TO REBUILD. If Purchaser is not in default under-this
contract, or after curing any such default, and if the mortgagees in any prior mortgages-and
seHers in any prior contracts for deed do nOLIequire otherwise, Purchaser may elcct to have
that portion of such insurance proceeds necessary to repair, replace, or restore the damaged
Property (the repair work) deposited in escrow with a .bank or title insurance complUlY
qualified to do business in'the State of Minnesota. or such .other party aS,may be mutually
agreeable to Seller and Purchaser. The election may only be made by written notice"1o
Seller within sixty days after the damage occurs. Also. lhe election will only be permitted if
the plans and ,-specifications and contracts for the repair work are -approved by Seller. which
approval Seller shall not unreasonable withhold or delay. If such a pennitted election is
made by Purchaser, Seller and Purchaser shall jointly deposit, wben paid, such insurance
proceeds into.$\Ich escrow. If~uch insurance proceeds are insufficientfor the repair work,
Purchaser .shall, before the conunencement of repair work, deposit into such escrow
sufficient additional money to insure the full payment for the repair work. Even if the
insurance 'proceeds are unavailable or are insufficient to pay the cost of the repair work,
Purchaser shaH at all times be responsible to pay1he full cost of the repair work. All
escrowed 1unds shall.be disbursed by the escrowee in accordance with generally accepted
sound constrUCtion disbursement procedures. The costs incurred or to be incurred on
account of such escrow shall be deposited by Purchaser into such escrow before the
commencement of the repair work. .Purchaser shall complete the repair worlc-as soon as
reasonably possible and in a good and workmanlike manner, and in any event the repair
work-shall be completed by Purchaser within one yearaftcr the damage occurs. If,
fonowing thc.completion of and payment for the I'q)air wo1'lc, there remain any undisbursed
escrow.funds, such funds shall be applied to payment of~e amounts payable by Purchaser
under this contract in accordance with paragr~h 8(a) above.
9. INJURY OR DAMAGE OCCURRING ON THE PROPERTY.
(a) liABIliTY. Seller shall be free from liability and claims for damages by nreason of injuries
occurring on or after lhe date of this contract to any person or persons or property while ,on
or about the Property. Purchaser shall defend and indemnify Seller lrom all liability , loss,
costs, and obligations, inclUding reasonable attorneys'fees, on account .of or arising out of
any -such injuries. Howev.er, Purchaser -shall have no liability or obligation to Seller for such
injuries which are caused-by the negligence or intentional wrongful acts or omissions of
Seller.
(b) liABILITY INSURANCE. Purchasenhall, at Purcba-ser's own expense, procure and
maintain liability insurance against claims for bodily injury, death. and property damage
occurring on or about the Property in amounts reasonably satisfactory to Seller and naming
Seller as an additional insured.
4
10. INSURANCE, GENERALLY. The insurance which Purchaser is required to_procure and
maiptain pursuant to paragraphs 7 and 9 of this contract shall be issued by an insurance company or
ompanics licensed to do busiucss in the State of Minnesota and acceptable to Seller. The insurance shall
e maintained by Purchaser at all times while any amount remains unpaid under this contract. The
insurance policies shall provide for not less than ten days wrinen notice to Seller before cancellation, non-
renewal, termination, or change in coverage, and Purchaser shall deliver to Seller a duplicate original or
certificate of such insurance policy or policies.
11. CONDEMNATION. If all or any part of the Property is taken in condemnation proceedings
instituted under pQwer of eminent domain or is conv~yed in lieu thereof under threat of condemnation, the
money paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the
amounts payable by Purchaser under this contract, even if such amounts are not then due to be paid. Such
amounts sball be applied first to unpaid accrued interest and next to the installments to be -paid as provided
in this L.'Ontract in the inverse order of their maturity. Such payment shall not postpone the due date of the
installments to be paid 'pursuant to this contract or change the amount of such installments. The balance, - if
any, shall be the property of Purchaser.
12. WASTE, REPAIR, AND DENS. Purchaser shall not remove or demolish any buildings,
improvements, or fIXtures now or later located on or a part of the Property, nor -shall Purchaser commit or
allow waste of the Property. Purchaser shall maintain the Property in good condition and repair.
Purchaser ..shall not -create or permit to accrue liens or adverse claims against the Property which constitute
a lien or claim against Seller's interest in the Property. Purchaser shall pay to Seller all amounts, costs,
and expenses, including reasonable attorneys' fees, incurred by Seller to remove any such liens or adverse
claims.
13. DEED TAXES. Seller shall, upon Purchaser'.slull performance of this contract, pay the deed
tax due upon the recording ar::filing of the deed to be delivered by Seller to Purchaser.
14. NOTICE OF ASSIGNMENT. If either Seller or Purchaser assigns their interest in the
Property, atopy of such assignment shall promptly be furnished to the non-assigning party .
15. PROTECTION OF INTERESTS. If Purchaser fails to pay any sum of money required under
the terms of-tllis contract or fails toperfonn any of Purchaser's obligations as set forth in this contract,
Seller may, at Seller's option, pay the same or cause tbesame to be performed, or both, and the amounts
so paid by Seller and the cost of such performance shall be payable at once, with interest at the rate stated
in paragraph 4 of this contract, as an additional amount due Seller under this contract.
If there now exists, or if Seller hereafter creates, suffers, or permits to accrue, any mortgage,
contract for deed, lien, or encumbrance against the Property which is not herein expressly -assumed by
Purchaser, and provided Purchaser is not in default under this contract, Seller shall timely pay all amounts
due thereon, and if Seller fails to do so, Purchaser may, at Purchaser's option, pay any such delinquent
amounts and deduct the amounts paid from the installment(s) next coming due under this contract.
16. DEFAULTS. The time of performance by Purchaser of the terms of this contract is an
essential part of1his contract. Should Purchaser fail to timely perform any of the terms of this contract,
5
Seiler may. at Seller's option, elect to declare this contract cancelled and terminated by notice to Purchaser
in accordance with -applicable law. All right. title, and interest acquired under this contrm:t by Purchaser
-ban, then cease and terminate, and all improvements made upon the Property and all payments made by
rchaser pursuant to this contract shall belong to Seller as liquidated damages :for breach of this contract.
. .either the --extension of time for payment of any sum of money to be paid hereunder nor any waiver by
Seller of -Seller's right-u> declare this contract forfeited by reason of any breacb sball in any mannen.ffect
Seller's right to cancel this contract because of defaults subsequently 0CCurring, and no extension])f time
sball be valid unless agreed to in writing. After service of notice of default and failure to cure-such default
within the period allowed by law, Purchaser shall, upon demand, surrender-possession of the Property to
Seller, but Purchaser shall be entitled to possession-of the Property until the eX?iration of such period.
17. BINDING EFFECT. The tenns of this contract shall run with the iandand bind the parties
hereto and their successors in interest.
18. HEADINGS. Headings of the paragraphs of this contract are for convenience only and do not
define, limit, or construe the 'Contents of such paragraphs.
19. ADDITIONAL TERMS: None.
SELLERS(S)
PURCHASER(S)
FIRST C
a Miones
R & R Leasing, Inc.
a Minnesota Corporation.
By ~ """". (}2L/-;
r Gordon W. Rehbein
By
Its ~.
STATE OF MINNESOTA
. SS.
COUNTY OF Rfl /'vi ..s ~
The foregoing was ar.bowledged before me on this I CZ ~y of IJufufr: 1998 by Gordon W.
Rehbein, the _President nf R & R Leasing, Inc.. a Minnesota corporation, on behalf of the
corporation. ] ,'11,W ~
STATE OF MINNESOTA
f) SS.
OUNTY OF K..f'rt0 5fu
The foregoing ins was acknowledged before me this ~y of
Js.ua (J lj/ ,1998 by N iJ . the Pxesident of First Class Concrete, Inc.,
a Minnesota corporation, on behalf of the corporation. t
. ~fiJ~ ~
Notary blie
(Seal)
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Send Tax Statements to:
First Class Concrete, Inc,
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TillS INSTRUMENT DRAFTED BY:
ThoIlW J. RooDllY
ROONEVI: NEILSON. LID.
S Pine Tree Drive. Suite 120
Arden Hilla, MN SS112
(612) 481-9222 FAX: 481-7038
FAILURE TO -RECORD OR Fn..E THIS CONTRACT FOR DEED MAY GIVE OTHER PARTIES
PRIORITY OVER PURCHASER'S INTEREST IN THE PROPERT\'.
'1
..--\.f'.; ~ ... -y.;.:'....
CITY OF CENTERVU,LE
CITY COUNCn. MEETING
Mareb 29, 2000
6:00 p.m.
PursuaDl: to due call and notice tbereot: the City of CcnterViIle held their regularly
scbcdulcd meeting on March 29, 2000, at City Hall. 1 g80Main Street.
PRESENT: -Mayor TOm WiIbarber
Couucil. Member Di:k Travis
Couu::il Member Terry S\WeIleY
CouDcil Member'LiDda Broussard Vickers
ABSENT: CoUDCil Member Marl Nelson
STAFF: City ~.d.or. run March
City Attozmy, run Hoeft
City Rng;n-r, Tom Peterson
1. CALL TO ORDER
Mayor Wilh8rber c:aJled the Marcl129, 2000 City Council meeting to order at 6:00
pm.
II. PUBLIC HEARING (S)
1-",........ LaMotte Park 'Q....-itsllmrinn Gram ApjIlication
Mayor WiD:mber opened the Public Hearing fur the Laurie LaMotte Park
Revitatization Gnmt Application.
City ~~r Jm March opeued the discussion by stating ~ grant
application waswrittcn to request fimdiDg from ~ DNR fur the ixDpJemeutMn of
a pJay stn1Cl1Jre Blong with patkiDg lot improvemcDtS. No furtber discussion.
MotioII bv eo..eil Melllber Tftvis. secoDded lwCQ.Dcll Member Sweeaev to cIoee
~e-PlIbIic BarOaR. AD in favor. -Motion carried uunimoulv.
m. APPEARANCES/AWARDS
IV. CONSIDERATION6FMINVTES
March 8. 2000 Council Mf!ettnlJ. M"]TItrtl!S
Motio. bv Council Member Travis. MCOnded bv COD.ciJ Member Sweeney to
lIDDrove tU March 8. 1000 CODDeil meeti1l2 minutes. MotiOD carried u...imoullv,
V. PAYMENT OF CLAIMS
The City of c..-nterville March 8 throU8h March 29. 2000
Motio. bv COD.eil Member Broaaard Vicbn. secoaded bv COgDeD Member
SweeallY to-approvellle eneaditares for the Cm from Marcia 8.1OOO.throul!h
Mardi 29. 1000. AD ia favor. Modoa carried aaaaimoulv.
('~ Fire District E~
Motio. bv Coucil Member SWeellev. IeCOIlded bv eo..cil Member Travis to
aDD~e ~e Ceatellaial Fire Dtltrict eueaditures. 'Motioll carried DDlUlimoulv.
ReQllest. fur finKl ~ew Addition
Mr. Peterson iDdicated the final pay request fur the Parlcvicw AddirionlStonn.Se\yer and
Sanitary Water ImproWDlllD1:s is preseDted in the amount of$2~,420.72. ofwbich
$21;ooo,is ret8iDage and $2,000 is in cbaage orders. The project bas been rcviewed.by
Booestroo, who DOted aD items are complete.
Motio. bv Couaeil Meaaber Sweeuev. lIeeOIIded bvCo.aeil Member BmulIard
VJCken to approve the Ibtal D&Y1Ileat 01 the Parkview Addltiolt lor-5%3.420. n "to
Boalae-lacomDfiaaf:e with tile attoraev'-s recommeadatioa for the distrib.tioa of
P8Y111el1ts. Motioa earrled a..aiIDo"stv.
VL -SET AGENDA
The toDowina items were added to the -ageDda:
. Request fur final paymentJParlcview Addition;
Storm SeMt aDll Saoitary Water Improvements
. Heme! Project
. Main Street Speed -Study
Motio. by Co.nell Member Sweeaev. HCODded bv Coucil Member BJ'OIlI-rd
Vieken to let tile ueada with aoted addition. Motion carrieil uDanimou.ly.
vn. PETITIONS AND COMPLAINTS
Sto1l Sism. ~ - 7)m Street
CoUDCil Member Travis presented a petition8Dd read a letter from various residems.
regardiDg their request fur a stop sign to ~ placed at the comer of 73m Street and Quebec.
In response, Council Member Travis presented a report :filed by Officer Dave Frank of the
CPU'D. Officer Frank-summarized the monitoring be conducted at the area in question.
The moDitoriag was completed at random and at difIereDt times of the day/days of the week.
There were 87 vebiclc:s surveyed ofwbich:
2
. 81 of the vehicles were traveling at or below the posted speed with 80% in the 20mph-
25mph ranges.
. Six vehicles were found to be traveling over the 30mph posted limit with the most
excessive speed to be 34mph.
. No citations were issued.
. From the survey, CPLDP feels. the travel frequency and speed filii within normal.leveJs
for a through street .located in a residential area..
. There is a ratio of 13:1, which means l-Yebicle out of 13 travels 2-3 mph over the posted
speed limit.
Based on the aI50ve iDfurmatioD, it is 0fIiccr Frank's belieftbe posted signs at Peterson Trail,
Old MDt Road. Quebec 1md Brian Drive are adequate to control the amount and type of
.tmf6c typit:al in this IIl'elL
M0ti9 bv ConeD Melllber Travis. secoaded bv CoaDCJ1Member Brousard Vicken to
table tile 73"' Street rea.at for DiacelHDt of. .tOD sin DB tile COrDer of73rtl Street ad
Quebec. util tile am CitvCDucilllPletill2ud tile iDtenIted l'8Iideuts have had a
oODOdualtv to soeak wttII 0tIleer :mnlL ModoB earried .uDilllollsJv.
ColL'ltruCtion Traffic Remiction on Brian Drive
Mr. Pwnon stlI1ed be spoke to JdfBoch (LaDd Holding Company), who stated he would do
wbatever be.can to opeI1 the road up to the east, between the dead end street m:i 20'" Ave.
Mr. Bach w:iD. be contactiDg Eagle Trucking and request their Asm-- in -smoothing out
aDd opcmiDg. up-me area for collStrUCtion traffic along with notifYiog eguipment haulers etc.
to use the opeuiDg.
Mr. WJlbaIber Slated that possibly after the area is opeaed up, the City could put up signs
stating "ConstruCtion Traffic - Enter on 201t1 A venae".
Mr. Wilharber added be has spoken to Chiefloel Heckman concerning the issue nftrucks
entc:riog the -area,' wbich arc.1:UlTaJtly in non-complim::c with the CU1'1"C:Dt road restrictions.
ChiefHcckman responded his force would start to watch for "road restriction" violations.
Motioll bv CoB.en M_ber Sweaev. MCOBded bv CouciJ Member Travis to table the
coutraedoa trafIle I'eItrietioa oa Briu Drive _He ..to tile aut City COllaeil
..eetbtlL Motioa earrled .aaiaouiY.
ij'm\.~1 Sp=cial Use Permit ~
Mr. Travis read a Jettc:r received from Margaret aod Leo Hemel Mr. and Mrs. Hensel ate
requestiDg a Special Use-Pe:rmit to baul4 tons ofccment to their home-at 1744 Heritage
Street. The CUlTent road restriction is 3 tons. The Hensel's are constructing a 6 x 211/2 foot
addition to the bedroom of their home at the above stated address. The cement contractOr
estimates a I-ton overage.
3
Mottoa by Co..eil MHlMr Travil. seconded bv CODDCil Member Sweenev to
aDDl"0ge tbe reGlIested Soec:ial Use Permit to Mr. ADd Mrs. Beasel oeadbts! a posted
$1000 boad or QJ"l!elllellt to milt the co.crete load. "Motion carried uDUimoaSW.
rnnw'aint Procedure
Mr. Mike Carter of 6913 Sumac Court questioned the complaint process within the City.
Mr. MaR:h iDdnrccS DODD8lly the City H8ll does oot DOnnally respond to aDOIl}'IDOWl
compJaiDts received UDIess the-complaiDt is a major issue. The compJaint received
against Mr. Carter 'WIISm:myI1lOUS, but did not wish to file an official complaint, but
important emugh robe furwsrdt:d to the appropriate autboritics.
vm. UNFINlSHED BUSINESS
HlIntf'!l"s Crooteifty ~lirmnArvPIat
Mr. Carlson and Mr. Mattke addressed the-issues of concern that were brought furward
by the City F~ aud the Building Official. at the first time the prclimiDary plat was
submitted Mr. Mattke stated the tnIil in question is now included running trom the 'WeSt
side to the east side oftbe project. Tbecngineering concerns along with concerns with.
the grading pl8II. have all been resolved. There was CODCem on the -width of the comer
lots that face CeDterville Road. The setback being requested in the revised prelimioary
plat is 30 feet: for the side yard set back.
Mr. Peterson indi...,ted allIliDe oihis origjnaJ. concerns be addrcssedin January have
been resa.lved. Mr. Petc:rson questioned the impl_mnu. of Il sidewalk: in addition to a
trail Mr. March stated the importaDl aspect of the trail implP.mentatinn would be to have
the trail nm from 201l> A vame and cwnmalIy over tho freeway in counection with the
Hugo trails system. Mr. March f=1s iftb=re were a choice between a sidewalk system
and a trail system, the trails wouklprove to be JII[lIt: beDeficiaL
Motioa bv.CoaacU Member BJ'OUI&rdV-'Ckers. IeCODded by CODDdl Member
Travill to-.Jlow Buattlr's-Craai..:to be lDO'l'ed .to tile MUSA ia adilitioD to
aoortmu2 the Pr-D-I..rv Plat for B..ter's C~I! witIa lIGCOrdaDce to resolved
i.... DRleated. AD ill favor. "Motion carried a..aimoa""'.
Mutual Aid Am'"""",",,,t . Hu,o
Mr. Marcbwill write a letter to the City afHugo expressing the City's W'llin~ to
proceed with tbeagreement IIIld indicate the questions and issues we have before
auy action is taken.
Motioa bv Co..cil MemberS",..ev.letOIIded bv-CoaDeil:Member Travis to draft
a letter to the Citv of BU20~tiH OIIr COIIc:e..... 'IritII tile iatellt to Droceed wltll the
Maul Aid A2ne1aent. AD Ia fa'llOr. Motta Qrried anaDimouly.
Northern Forest Products - TIF Issue
This issue was brought up to Council a few D1DDtbs ago, and blls.resurl8ced reccnt1y due
4
.
to a question.on the minimum assessmr:nt agreement with Anoka County of $575,000.
Siuce the building bas been built, the assessment value iILNovember 1999, for the first:
two years it WIIS valued at $377.000. '!'!Wi resulted in Northern Forcst-Products paying
less tax..
Aoother issue tbst has Been addressed is the commercial and industrial tax rates were
l>>qu.:&...d by the state. Mr. March outIiDed a mIm) ftom the attorney repteSeDtiDg
EllI:rs md Associates. Basally tile mr:Im ststedthe City bas made its payments to
Nortbcm FotCSt &oducts. The Coumy bas decided DOt to correct the misrepresented
amount. Mr. Paul McDowell (Northern Forest Products) agrees be should have been
payiog tDeson the S575,000.
The last issue of concern brougbt forward was the base rate inflation adjustmc:ot amount
that WlIS set: up to :iDclude all nf thep8I'CCIs in the industrial perk. Elbcrs aDd Associates
refmed to a previous City Admioisl:rstor making the decision. Mr. March would like to
find a workable solution to emu:rc Gkm Rehbein's satisfiK:tion in this matter as w~ll as
keeping Nort:bem Forest Prod11ds bappy 8111 viable in the CeDterviIle business
colD'lDJDity. Mr. March sugests fI'!TrIllmmg in cotOplifoce with the agrccmeIJt formed in
Novanber, sod to de'YeIop a struc'tUIe to pay offtbe first DOte. Mr. March and Mr.
McDowell. ue in a.greenaJt that by buiktiDg an addition to their curreut 1Bciliry, the City
would look at abatiug the City's portion oihis tax at the IlJld oftbe tax iuw.:taent district
fOr ODe additional year.
Motioa bv Co..dl MQlber Broussard Vicken. seeo.de.! bv-C01lDdl Member
Sw...", to II.". Mr. Mardl COlltinu. witIa the ~eeDt"&lld briDlE tile actual cost
back to CouaaL AD ill favor. Moti. c:arried .DuimOllslv.
IX. NEW BUSINESS
Account Clerk IT. Clerklrreasurer-Position. Minutes Tnm'lrn'\Der
Mr. March recoTTlmll!l'll'!.,o Laura Thompson fill the Account Clerk IT position. to
promote intetDa1 staff member T crcsa BeDdcr to the Clerk TI'CIISUI'ef position. and
to hire TlIlJe-8awr's MgIlfti7Jl'tfn11 to record minutes fur the City Council and
PlamDng Commission's meetings. A cost analysis of tile OptioDS was presented.
Motioa bv Conci. M..ber Sweeaev. IIClCOnded bv CO.Dtill Member Bro....rd
Vickers to acceut ~. recHlJDndatio., .. Doted. _AD iB fayor. MotioIt carried
R.uilDOllllv.
Point of Sale Software
Mr. March stated-it is.prudeDt to invest in technology. The proposed software
iDtegrates with_our eurreDl accoUDtiDgBO:ftware. Presently all receipts are DIIIDU8Dy
band written. The proposed 90ftware will allow the receipts to bcprintedoff the
computer aud be balanced at the end ofthc business day. This will eIimiuate staff
time in i9suiDg receipts, bringing tb=n to the appropriate. area m::I. eutering tbem
into appropriate depanmeuts.
Motion lw Couctl Member Sweeeev. ReODded bv CoueD Member Travis to
approve.the PoiDt of Sale Sobare u requested. AD iD favor.MotioD carried
5
.
a..._oum.
T .nft0!ftt7 Bus Service - Tom Thumb Parkins Lot
Mr. March stated be receMd a callfram Tom Thumb Corporate Office who
iDdicatcd I..orcuz: Bus Scnice ~ uses the Main Street Tom Thumb parking
lot 1br "paIkSDd ride" services. The ''park aud..ridc" has grown over the past
couple years and the Tom Thumb pukiDg lot is flOW to sman fur the program. Tom
Thumb is requestiDg the City's.guidaDce in resolving this concern. Tm March wiD
pass aloug the church parking lo~ as-a suggestion.
f"'hoorit....... c.-mhlirv Lia:ase . $prirw Lake fmk. Lions
Mr. March stated tbeSpriDg Lake Park Lions Club is lookiDg to receive .approval.to
conduct:cbaritable pmbJiDg at Kelly's Komer,
Motioa bv COIIDdI MemberVlcbn. MeOIIded bv CORBeil Member TravU to
aDDrove Re8oIIItioIl CJO-O!: SOrinIlLakeUoa'. Chlb Charitable G...bJilU! LieeIlae.
Motto. carrled uaaimoulY.
SMCialTIse PermitlLot S,pJit - First Class CoDCrete
Mr. Scott Byrkit lItId Mr. Amie Larson were present on behalf of First Class
CoDClCte Inc. Mr. Byrldt.lItId Mr. Larson are requesting permission fur a Special
Use Pemlit to coustruc:t an 19,~OO square foot spc:cuJatM commercial buiktiug
between Reel MamI&cturiDg and R &: -R Leasing.
MOOo. 'bY COIUIcil Member Broil_i'll Vickers. secolldeiil bv,Co.DdlM_b~r
Sweeaev to DOOI'VYe tIIeSDCiaI'U.. P_it ud Lot Solt for,Flnt CIasa COIIcrete ..
OIldbMd ill aeearduce to d tenDI ud-eoaditiolll beiall falfilled. AI ill favor.
Motiousnied a.aabDouIv.
LaMotte Pm - O'lltrlnmo RP.r.n!lItiCln Gnmt
Mr. 'March stated the LaMotte Park grant application bas bcaLreviscd. although
tbcre are DOt IllY doDars expected tobe.allotblld to the program this year. The DNR
bas eDCOumged or~ntl to -lIUbmit the app&aDon regardless oftbe-Jack of
fimding to lIbow outside iDta'cst in this type of gram..
MotiOIIlw .co..cIl-MUlberSweeaev. .....ded bv Coa.dJ Member Bnm_n1
V..... to-aoDI'DYe RIIohItioD #108-04. wllich acaotl tile Laarie LaMotte Park
Olltdoor R__tioa Gnllt ADDlica.tioll. .lii1I ill -favor. "Motioa earried Wllnlmoaslv.
Main Street Speed Studv
Mr. Travis read a letter addressed to Mayor Wilbarbcr from! 7 year old Jessica
Spanjers who was writiDg about a speed limit she believes needs to be lowered. Her
proposal is that the speed limit on Main Street, between the-schoollltld 20m Avenue
shouJdnot be 45mpb. It should be lowered to 30mpb iImncdiatcly. Ms. Spanjers
6
.
feels tbrcatencd by the speed of the traffic when she cra.sses Main Street. There are
many studc:Dts who walk aloug Main Street and children who cross Main Street
regularly.
The Council. discussed one JitOSS1ble disadvantage to requesting the study may be an
increase in the speec1limit. CoUIJcil M=mber Vickers sbared that iftbe study foUDd
acoDSeCUtive DUIIIber of cars going a higher speed, the coUDty may opt to raise the
limit WQUS lower it. This possibJe n:su1t will be DOted in a response 1ctter to-Mr.
Spujets.
Motioa '"'.:Mayor WDbrber. IeCODded bv Co1aDcilMeaber Sweeuv to write.
1etter to AJlob-CCMlaty to eoadllet . ~ eUek oa Maia Street aad . addition to
lead . ......... to Ma. Saaakft.Motioa earried aua""".
:x. CONSENT AGENDA
Xl. COMMlTTEEREPORTS
On :April Sib Mayor WiJbarber will be sitting on tbe "oral board" fur possible future
police officers 1Dr CPLPD. The board will consist of twelve ~;nm.e$
xu. ADMINISTRATORS REPORT
xm. ..ADJOURNMENT
Motio. bY CHlICil:Member Sweellev. IKOBded .bY CQuciI Member Travis to
adiGul'll tile Marcia 29.1000 COIlacilMeetiD2 at 7:50 D.m. AD ID favor. Motion
csl'l"ied uP.-ouIY.
T1'8DliCD'bed by:
Aimee FairbrotlD:r
7
.
c.Qrder ~ol~
by: Pins: 1\I\"l
Recordllbilily I OeIQS; IV\. 't
Filing Fees: I '1. h"O n CD
a,......
Well C9Itillcale
Received Ihis Dale:
Anaka County Fl!ll;Ofder
Noles:
o Certifieu Copy
DBle Mailed
o Tax Liens I Aeleases
o MuIli-Co Doc Tax Pel
o NewOesc.
OGAC
o Del. Spec
o No Change
DOCUMENT NO. 15657.88 _ 0 ABSTRACT
ANOKA COUNTY MINNESOTA
I HEREBY CfRTIFY THAT THE WITHIN INSlRUMENT Wr.s ALEC IN THIS OFACE
FOR RECOROllN APR 30 2001
AT 8: 10 AM ANDWASOlJLYRECOROED.
fEES AND TAXES IN THE AMOUN1 OF $119 . 5 0 PAlO.
IlECEIPTNO. 2001'034527
-__....._ MMJMEN J. tl&fI1IE
ANOKA COUNTY PFIOI'EfI7Y TA)( ADMINIIW/ATOf/I//E:CORDfRlflElJlSTRAR OF TITLES
8Y MLE
DEPUTY Pf/(JPERTY TA)( AOMINISTRATORIRECOI/Df.RIF/EIlISTRAFllJF TTTUS
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MEMO
DATE: September 26,2001
TO:
Honorable Mayor and Council Members
FROM: Mary Capra
RE:
Budget/Deferred CompensationlUnion Contract
I am requesting this item be added to the agenda this evening for discussion on the city's current
deferred compensation program. Our deferred compensation is tied to the Union Contract therefore
the union contract should also be added to the agenda.
Within reading the LMC Guidelines for Preparing City Budget 2002 I have discovered the program
under which our deferred compensation program is managed by (PEBSCO) may need to be changed
in order to meet the state guidelines regulating deferred compensation.
I would like to start discussion on this issue but understand further research needs to be done
regarding this benefit to our staff I personally believe we need to clarify this prior to fllalizing the
2002 budget.
Attached you will find the following information regarding this matter.
City Council Minutes August 28, 1996
July 12, 1996 Draft Letter from union Article XX Insurance
Labor Agreement January 1, 1997 - December 31, 1998 Appendix B Insurance.
Labor Agreement January 1, 1999 - December 31, 2000 Appendix B Insurance:
Labor Agreement January 1, 2001 - December 31, 2003 Appendix B Insurance.
LMC Guidelines for Preparing City Budget 2002 page 46 d. Deferred compensation.
Minnesota Statutes 356.24 Supplemental pension or deferred compensation plans,
restrictions upon government units.
Minnesota Statutes 352.96 Deferred compensation.
, .
.
,
CITY OF CENTERVILLE
CITY COUNCIL
AUGUST 28, 1996
Pursuant to due call and notice thereof, the City Council of the City of Centerville held
their regular meeting on August 28, 1996 at the City Hall. Mayor Wilharber called the
public hearing to order at 6:00 p.m.
PRESENT: 'Wilharber
Brenner
Buckbee
AB SENT: Helmbrecht
Powers..,Rasrnussen
AFPROV AL OF MINUTES:
MOTION by Buckbee, seconded by Brenner to approve the corrected minutes of August
14, 1996. Motion carried unanimously.
SET AGENDA:
Add Economic Development Committee report
Fire truck location
Trash hauling contract with United Waste
Bow hunting
Truth and Taxation dates
John Magill- Noise permit
Announce Council and Mayor seat available
MOTION by Wilharber, seconded by Brenner to approve the August 28, 1996 agenda
with the above amendments. Motion carried unanimously.
PAYMENT OF CLAIMS:
MOTION by Buckbee, seconded by Brenner to approve the City of Centerville's receipts
and disbursements dated August 2-28, 1996. Motion carried unanimously.
PETITIONS AND COMPLAINTS:
OLD BUSINESS:
:park lighting - March summarized a letter from Paul Palzer regarding the lighting at
Laurie Lamotte and Tracie McBride Parks. March continued, NSP could install a new
power pole and mount a 250 watt with directional lighting to light up pleasure rink and
building area. Also a 250 watt directional light to be installed on the existing pole, on the
south side of the park. The Park and Recreation committee believe this may be a cost
effective improvement for the park areas.
CC8-28NINLWPS
1
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MOTION by Wilharber, seconded by Brenner to approve the installation oflighting by
NSP for the Laurie Lamotte and Tracie McBride parks. Motion carried unanimously.
BUILDING PERMIT FEES:
Ms. Chris Swenson 7105 Brian Way and Ms. Lisa Colvard of7147 Brian Way, questioned
the Council concerning water and sewer charges on the building permits. Swenson
explained Centerville's current W.A.c. is seventeen times higher than Lino Lakes and
W.A.c. and S.A.c. permit fees are higher than the surrounding area. Buckbee explained
the fees associated with the permits are unlike some of the surrounding areas because the
fees are included in the cost of the property. Wilharber explained no one at the meeting
was able to clearly state the cost involved. Brenner suggested doing a cost comparison
study to address this issue and any future questions. Buckbee commented the current fees
are the same as when their present homes were built. Swenson was unaware of the past
charges. Buckbee suggested pulling the old permits to compare costs. Gerald Rebhein
requested the fees remain on the building permit so the builder pays, instead of the
developer. Wilharber suggested setting up a meeting with the Building Inspector and
staff.
APT ANTENNA SITE LEASE:
March addressed the antenna site lease, explaining section 11 had an addition to the lease
agreement. Wilharber asked if the lawyer had looked at the contract. March indicated the
lawyer had looked at the contract. Further, if an antenna needs to be moved they will pay
all the associated costs and will remove the antennas if the water tower needs work.
MOTION by Brenner, seconded by Buckbee to enter the APT antenna site lease
agreement. Motion carried unanimously.
VACATED LAND:
Theodore Erkenback and William Dornseif petitioned the City on the 30th of May
requesting the land identified as (see attached map) be vacated. Wilharber stated, he
looked at the piece of land in question and met with some of the neighbors but didn't
know why it shouldn't be vacated. Buckbee asked, why this issue had been tabled. March
explained it had been refered to P&Z and did not recall the recommendation, but would
revisit the issue at the next P&Z meeting.
NOISE PERMIT:
John Magill requested a noise permit for a benefit being held for a friends daughter who is
sick. The benefit is getting bigger than first thought, so they plan to move the disk Jockey
on the deck at Kelly's. Magill explained the benefit will be held on September 7, starting
at 2:00 p.m. until 6:00 p.m. which includes a pig roast. Further, the majority of the
CC8-281VIM:. WPS
2
, ,
City Council "NIinutes
activities, such as, volleyball will be between 4:00 and 6:00 p.m. Wilharber suggested, the
surrounding neighbors be informed, perhaps by a newsletter.
MOTION by Wilharber, seconded by Brenner to issue a noise permit from 2:00 p.m. to
6:00 p.m. for the benefit; with the contingency neighbors are contacted. Motion carried
unaniously.
WATER ASSESSMENTS:
Dave Nyberg City Engineer presented the calculations for the water assessments on Main
Street, for the school and commercial properties. Nyberg explained the project cost carne
in lower than projected. The total projected cost calculation was $414,000 and the cost
came in around $351,000 although some items are pending. Nyberg proposed the
assessments at $2,732.00 which would be about a three percent increase from 1993
assessments. Don Opp's property assessment is proposed at $9,288.80, and the
commercial assessments will be $20,000.00 each, and the school will remain at
$86,400.00. Nyberg felt the assessments were fair with a discount, and allows the city
room to negotiate if someone were to appeal. Nyberg commented, March had mentioned
setting up an assessment workshop next week. "VVorkshop for assessments and the budget
was set for Wednesday, September 4, 1996 at 5:00 p.m. March indicated a notice will be
sent to all affected property owners.
SENIOR HOUSING UPDATE:
March stated, they had meet with Tim Yantos last week regarding senior housing.
Buckbee asked if a site had been determined. March had not narrowed it down, because a
meeting has been scheduled with Tim Yantos for September 5, to discuss senior housing
and the location.
CLEARWATER MEADOWS UPDATE:
March stated utility work will begin Tuesday or Wednesday of next week.
EAGLE PASS UPDATE;
March stated ninety five percent of the plans will be done by the end of next week. The
developers and engineers are discussing the final plans. Further, the water shed plans
should be approved tonight.
FLOOD PLAIN:
March stated, Sharon from Dewberry and Davis had called and she plans to have the
paperwork to FEIvV\ by weeks end. Therefore, the revised flood plain should be complete
by midSeptember.
WA 'fER COMPREHENSIVE PLAN:
March asked if the city did not hear anytr.J.ng u1l1her on the interconnect, should MSA
continue with the water comprehensive plan. Nyberg mentioned, if the city waits for Lino
to approach the council, it may not be what the city wants. Further, MSA could include
CC8-28J\/I1VI. VVP S
3
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City Council Minutes
; < . ~
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the possible interconnect in the water comprehensive plan. Nyberg asked if they should
just finish the plans.
MOTION by Buckbee, seconded by Brenner authorizing MSA to proceed with the water
comprehensive plans. Wilharber asked the cost of the plan. Nyberg stated about $12, 000.
Motion carried unanimously.
UNFINISHED BUSINESS:
March reported, as of September 31, Gregory Hellings will no longer be with Babcock,
Locher, Neilson & Mannella but will have an independent practice. Hellings has requested
the city to continue with him at the same rate. Wilharber addressed three issues of
concern: insurance coverage, backup coverage; ifhe were to be ill etc., and research
personal in the office. Buckbee agreed and suggested carrying out the remainder of the
year with him.
MOTION by Buckbee, seconded by Brenner to carry out the remainder of the year.
Motion carried unanimously.
ECONOMIC DEVELOPMENT COMMITTEE REPORT:
Liaison Brenner reported the EDC Members requested staff to contact Anoka County for
assisstance programs that may be available for commercial and industrial development.
Further, EDC will be discussing the downtown zoning during the September 25, joint
meeting for the Comprehensive Plan. Brenner mentioned, Tim Rehbein will call the City
Engineer about flood plain issues, as EDC has several questions.
CITY SIGN:
March reported, Danell checked the funds regarding the Lions check of $1,160.00, it
appears the donated money was not spent and could go towards the Wall of Fame.
Mary Capra would like to meet with the council perhaps at a workshop. Further, Tim is
spearheading the project to have the sign installed.
PEBSCO:
March stated the PEBSCO deferred compensation plan would be no cost to the city
except once a month Danell would have to do some paper work. March requested a
resolution to allow city employees to be active in the deferred compensation.
MOTION by Buckbee, seconded by Brenner to approve a resolution for deferred
compensation for city employees. Motion carried unanimously.
FIRE TRUCK LOCATION:
Wilharber mentioned, Dan Tourville asked if there was any interest to restore or cover the
old fire truck. Wilharber questioned another location for the fire truck. Buckbee asked if
CC8-28J\1IM. WPS
4
Wilharber could put it in their barn. Buckbee also asked about the old horse drawn fire
vehicle. Wilharber stated he will check into it.
BOW HUNTING:
Wilharber mentioned bow hunting season is open September 14, through December 31, at
the Park Reserve and hoped people would be awareoft.he season.
BUDGET:
March indicated the budget hearing dates would have to be determined. December 11th
could be the first budget hearing meeting with a continuation date, if needed of December
18, 1996 both at 6:00 p.rn. March suggested holding the regular council meeting on the
18, of December.
MOTION by Buckbee, seconded by Brenner to reschedule the December 23, council
meeting to December 18, 1996. Motion carried unanimously.
MOTION by Wilharber, seconded by Buckbee to have the budget hearing on December
11, with a continuation date of December 18, 1996. Motion carried unanimously.
COUNCIL & MAYOR SEATS:
Wilharber stated the Mayor and two council seats are open, interested persons can file
until September 10, at 5:00 p.rn.
ADMINISTRATORS REPORT:
March stated the proposed levy must be set by September 15. He planned to meet with
the labor union person on Friday. March suggested discussing the proposed levy on
September 4th. Further, Fiscal Disparity had a $20,000. increase so the city is sitting well.
Buckbee stated low taxes sounded good. Wilharber stated no increase would be nice.
March stated the Police contract was signed too. March reminded the council he will be
gone September II-13th.
UNITED WASTE:
Wilharber stated Randy Hagerty sent a letter to United Waste because it is becoming
more difficult to have them pick things up. Further, a letter dated August 26, from Randy
stated Elk River had a fifteen percent decrease which has not been passed on to the
residents.
CABLE:
March stated the cable commission lawyers did a four month study on Meredith Cable
selling to Continental which intends on merging with US WEST, Inc. The City has been
requested to agree with the two resolutions consenting the future transfer of control.
Buckbee asked if Ted Gonsier was in favor of the resolutions. March brought this to his
attention and everything seemed fine. March recommended approving the resolutions.
CC8-28MM.WPS
5
ADJOURN:
MOTION by Buckbee, second by Brenner to adjourn the regular city council meeting at
7:50 p.m.. Motion carried unanimously.
Respectfully submitted,
/"":7
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Ry-Chel Gaustad
City Clerk
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CC8-28JVIM.WPS
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.
International Union of Operating'~i~~~!neers'
"( .", ., :_:s-
LOCAL UNION NO. 49, 49A, 498, 49C, 490 and 49E
MINNESOTA · NORTH DAKOTA · SOUTH DAKOTA (East half)
JON R. PENDZ1MAS, President
DUANE L. OTNESS, V"1C8 President
JOHN M. 5CHOUVELLER,
Recordlng-Corrssponding Secretary
JOHN H. PETERSON, Treasurer
A1fIDatBd with A.F.L.c.l.O.
~
FRED P. DERESCHUK, Business Manager-Financial Secretary
2829 ANTHONY LANE SOUTH - MINNEAPOUS. MINNESOTA 55418-3285
PtJone: (612) 788-9441
FAX: (612) 788-1936
July 12, 1996
(DRAFT)
(DRAFT)
CITY OF CENTERVILLE
[Additional Items/Issues To Be Considered]
1) Employees to receive time and one-half (1-1/2) for any
hours worked on Saturday or Sunday, or for any hours
worked on City Special Programs.
2)
For every four (4) hours worked the employees are
entitled to one fifteen (15) minute break. If more
than five (5) hours, employees shall be entitled to
a one-half (1/2) hour unpaid lunch.
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-3.J INSURANCE:
Single Medical Insurance - Paid 100%
Family Coverage - A 75/25% split
4) Accumulated unused sick leave up to eight hundred (800)
hours maximum.
JH/da
opeiu *12
afl-cio
Box 279
Bagley, MN 56621
(218) 69~
2002 London Road
Duluth, MN 55812
(21 B) 724-3840
BRANCH OFFICES
Rt 9, Box 302
Mankato, MN 56001
(507) 625-3670
111 - 3rd 51. S.w.
Rochester, MN 55902
(507) 2624101
307 - 1st SL North
Virginia, MN 55792
(218) 741-8190
1903 N. 4th SI.
51. Cloud, MN 56303
(612) 252-2162
2901 Twin City Dr.
Mandan, ND 58554
(701) 663-D407
3002 1st Ave. No.
Fargo, NO 58102
(701) 232-2769
724 Washington N.
Grand Forks. NO 58203
(701) n5-3969
19.2 Employees filling a higher job class based on the -
provisions of this ARTICLE shall be subject to the
conditions of ARTICLE XVII (PROBATIONARY PERIODS).
19.3 The EMPLOYER has the right of final decision in the
selection of employees to fill posted jobs based on
qualifications, abilities and experience.
19.4 Job vacancies within the designated bargaining unit will
be posted for five (5) working days so that members of
the bargaining unit can be considered for such vacancies.
ARTICLE XX. INSURANCE
20.1 Effective June 1, 1996: The EMPLOYER will contribute
up to a maximum of'"
($ ) per month per employee for group health
an~life insurance including dependent coverage (Family
Hospital and Medical Insurance). The maximum
contribution for single coverage will be
($ ) per month.
20.2 By mutual agreement, employees may use fifteen dollars
($15.00) of the per month per employee of health
insurance dollars in 20.1 above for dental insurance
for all unit employees.
20.3 Employees not choosing dependent coverage cannot be
covered at EMPLOYER expense for any additional insurance
than the individual group health and group life
insurance. Additional life insurance can be purchased
by employees at the employee's expense to the extent
allowed under the EMPLOYER'S group policy.
20.4 The EMPLOYER will contribute to a deferrred compensation
plan selected by the City, 95% of the lowest single
coverage at the next adjustment or what the employee is
currently receiving, whichever is greater, for those
employees who do not request health insurance. Evidence
of outside health insurance coverage shall be required
under this option.
ARTICLE XXI. HOLIDAYS
The EMPLOYER will provide twelve (12) paid holidays for the
calendar year 1996. The holidays will be designated as
follows:
New Year's Day
president's Day
Memorial Day
4th of July
Labor Day
Veteran I S Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Three Floating Holidays*
*Floating holidays to be taken at the discretion of the EMPLOYEE
with the EMPLOYER'S consent.
10
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ORIGINAL
[03/26/97]
LABOR AGREEMENT
BETWEEN
CITY OF CENTERVILLE, MINNESOTA
AND THE
INTERNATIONAL UNiON OF OPERATiNG ENGINEERS
LOCAL NO. 49
AFL-CIO
January 1, 1997 through December 31, 1998
.
APPENDIX 8
INSURANCE
The EMPLOYER will pay fifty percent (50%) of the individual health insurance
premium for permanent part-time employees up to a maximum of one hundred
dollars ($100.00) per month.
The EMPLOYER will pay a flat fee of one hundred fifty dollars ($150.00) per
month for permanent full-time employees electing single health insurance
coverage. Any amount over the $150.00 premium will be paid by the Employee.
Any excess amount not used for health insurance under the $150.00 flat fee can
be used to purchase additional life insurance or taken as deferred compensation.
The EMPLOYER will pay a flat fee of three hundred dollars $300.00 per month
for permanent full-time employees electing family insurance coverage. Any
amount over the $300.00 premium will be paid by the Employee. Any excess
amount not used for health insurance under the $300.00 flat fee can be used to
purchase additional life insurance or taken as deferred compensation.
-. The EMPLOYER shall provide for each employee the same Dental Insurance
coverage as current non-bargaining unit employees receive in accordance with
the City's current policy.
20
. .
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LABOR AGREEMENT
BETvVEEN
CITY OF CENTERVILLE, MiNNESOTA
AND THE
INTERNATiONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
AFL-CIO
January 1, 1999 through December 31,2000
.
APPENDIX 8
INSURANCE
Effective January 1, 1999:
The EMPLOYER will continue to pay fifty percent (50%) of the individual health
insurance premium for permanent part-time employees up to a maximum of one
hundred fifty dollars ($150.00) per month.
The EMPLOYER will pay a flat fee of two hundred do/Jars ($200.00) per month
for permanent full-time empfoyees electing single health insurance coverage.
Any amount over the $200.00 premium will be paid by the Employee. Any
excess amount not used for health insurance under the $200.00 flat fee can be
used to purchase additional life insurance or taken as deferred compensation.
The EMPLOYER will pay a flat fee of three hundred fifty dollars ($350.00) per
month for permanent full-time employees electing family insurance coverage.
Any amount over the $350.00 premium will be paid by the Employee. Any
excess amount not used for health insurance under the $350.00 flat fee can be
used to purchase additional life insurance or taken as deferred compensation.
The EMPLOYER shall continue to provide for each employee the same Dental
Insurance coverage as current non-bargaining unit employees receive in
accordance with the City's current policy.
Effective January 1, 2000:
In contract year 2000, Unionized employees will receive the same
adjustment per category as the non-unionized employees.
18
..
MEMO
DATE: January 19,2001
TO : Honorable Mayor and Council
FROM: JimMarch
RE Union Contract
***********************************************************************
Included in your packet is a copy of a draft agreement with the union. If the document is
acceptable, finafued copies will be signed. The changed items are highlighted in the
draft.
.
LABOR AGREEMENT
BETWEEN
CITY OF CENTERVILLE, MINNESOTA
AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
AFL-CIO
January 1, 2001 through December 31,2003
.
APPENDIX B
INSURANCE
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a-3, January 22,
1980
26 U.S.C.A. ~
457 (b )(2)
Minn. Stat. ~
356.24, subd. ]
(5)
Minn. Stat. ~
353028
Minn. Stat. ~
424A.02, subd.
8(b). Also see
26 U.S.C.A. s
408
./
46
c. Bonuses
The attorney general has determined that bonuses constitute a gift and are
therefore not lawful city expenditures,
d. Deferred compensation
While salaries are usually the largest portion of the city budget, part of any
employee's wages may be paid in the fOIm of deferred compensation. Federal
statute permits an employee to defer a maximum of 33 and 1/3rd percent of total
salary or $7,500, whichever is less. However, this dollar amount has been
adjusted for inflation to $8,500. The city will still need to budget for the
employer's share of Social Security and Medicare to the same extent that these
withholdings would be required on the employee's regular earnings.
Generally, an employee may elect to defer specified amounts from his or her
salary under a deferred compensation plan. There is a tax savings for the
employee because taxes are not payable until the money is withdrawn. Since
most employees have a lower income during their retirement years, the
earnings will be taxed at a lower rate.
Public employers may contribute to the state of Minnesota deferred
compensation plan in amounts provided in the employer's personnel policy or
collective bargaining agreement. This contribution may not exceed $2,000 per
year, per employee. The employee must match any amount the employer
contributes. Although employees may contribute to other deferred
compensation plans, public employers may only contribute amounts to the
state's plan for their employees. If an employer contributes $2,000, the
employee's contribution cannot exceed $6,500 since the deferred compensation
amount is capped at $8,500,
There is special authority for cities to offer deferred compensation to city
managers or a chief administrative officer. Within six months of beginning
employment, the manager or chief administrative officer may elect to be
excluded from PERA The city may agree to contribute to deferred
compensation for this individual. Such contributions must comply with federal
tax laws.
Deferred compensation is generally not available as an option for volunteer
firefighters. However, transfers of lump sum service pension amounts to
individual retirement accounts (IRAs) are permissible only if the relief
association's bylaws permit it and the plan qualifies under the Internal Revenue
Code standards.
League of Minnesota Cities
. . Minnesota Statutes 2000, 356.24
Page lof2
lVlinnesota Statutes 2000, Table of Chapters
Table of contents for Chapter 356
356.24 Supplemental pension or deferred compensation
plans, restrictions upon government units.
Subdivision 1. Restriction; exceptions. It is
unlawful for a school district or other governmental subdivision
or state agency to levy taxes for, or contribute public funds to
a supplemental pension or deferred compensation plan that is
established, maintained, and operated in addition to a primary
pension program for the benefit of the governmental subdivision
employees other than:
(1) to a supplemental pension plan that was established,
maintained, and operated before May 6, 1971;
(2) to a plan that provides solely for group health,
hospital, disability, or death benefits;
(3) to the individual retirement account plan established
by chapter 354B;
(4) to a plan that provides solely for severance pay under
section 465.72 to a retiring or terminating employee;
(5) for employees other than personnel employed by the
state university board or the community college board and
covered by the board of trustees of the Minnesota state colleges
and universities supplemental retirement plan under chapter
354C, if provided for in a personnel policy of the public
employer or in the collective bargaining agreement between the
public employer and the exclusive representative of public
employees in an appropriate unit, in an amount matching employee
contributions on a dollar for dollar basis, but not to exceed an
employer contribution of $2,000 a year per employee;
(i) to the state of Minnesota deferred compensation plan
under section 352.96; or
(ii) in payment of the applicable portion of the
contribution made to any investment eligible under section
403(b) of the Internal Revenue Code, if the employing unit has
complied with any applicable pension plan provisions of the
Internal Revenue Code with respect to the tax-sheltered annuity
program during the preceding calendar year; or
(6) for personnel employed by the state university board or
the community college board and not covered by clause (5), to
the supplemental retirement plan under chapter 354C, if provided
for in a personnel policy or in the collective bargaining
agreement of the public employer with the exclusive
representative of the covered employees in an appropriate unit,
in an amount matching employee contributions on a dollar for
dollar basis, but not to exceed an employer contribution of
$2,700 a year for each employee.
http://www.revisor.leg.state.mn.us/stats/356/24 .html
9/26/01
. Minnesota Statutes 2000, 356.24
Subd. 1a. Repealed, 2000 c 461 art 13 s 4
Subd. lb. Vendor restrictions. A personnel policy
for unrepresented employees or a collective bargaining agreement
or a school board may establish limits on the number of vendors
that it will utilize and conditions under which the vendors may
contact employees both during working hours and after working
hours.
Subd. Ie. state board of investment review. Any
insurance company, mutual fund company, or similar company
providing investments eligible under section 403(b) of the
Internal Revenue Code and eligible to receive employer
contributions under this section may request the state board of
investment, in conjunction with the department of commerce, to
review the financial standing of the company, the
competitiveness of its investment options and returns, and the
level of all charges and fees impacting those returns. The
state board of investment may establish a fee for each review.
The state board of investment must maintain and have available a
list of all reviewed companies. In reviewing companies under
this section, the state board of investment must not be
considered to be acting as a fiduciary or to be engaged in a
fiduciary activity under chapter 356A or common law.
Subd. 2. Limit on certain contributions or benefit
changes. No change in benefits or employer contributions in a
supplemental pension plan to which this section applies after
May 6, 1971, is effective without prior legislative
authorization.
HIST: 1971 c 222 s 1; 1980 c 600 s 7; 1981 c 224 s 172; 1988 c
605 s 9; 1988 c 709 art 11 s 6; 1989 c 319 art 12 s 3; 1992 c
464 art 1 s 42; 1992 c 487 s 4; 1993 c 192 s 90; 1993 c 239 art
3 s 1; 1993 c 300 s 12; 1995 c 141 art 3 s 16; art 4 s 7; 1995 c
212 art 4 s 64; 1999 c 222 art 18 s 1; 2000 c 461 art 12 s 15;
art 13 s 1-3
Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.mn.us/stats/3 56/24 .html
Page 20f2
9/26/01
. Minnesota Statutes 2000, 352.96
Page 1 of3
Minnesota Statutes 2000. Table of Chapters
Table of contents for Chapter 352
352.96 Deferred compensation.
Subdivision 1. Entitlement to defer compensation. At
the request of an officer or employee of the state, an officer
or employee of a political subdivision, or an employee covered
by a retirement fund in section 356.20, subdivision 2, the
appointing authority shall by payroll deduction defer the
payment of part of the compensation of the officer or employee.
The amount to be deferred must be as provided in a written
agreement between the officer or employee and the employing
unit. The agreement must be in a form specified by the
executive director of the Minnesota state retirement system in
such a manner as will qualify the deferred amount for benefits
under federal and state tax laws, rules, and rulings.
Subd. la. Failure to ~plement plan. Implementation
of the deferred compensation plan by the employing unit must be
completed within 30 days of the request as provided in
subdivision 1. If the employing unit fails to implement the
deferred compensation plan, the employing unit may not defer
compensation under any existing or new deferred compensation
plan from the date of the request until the date on which the
deferred compensation plan provided for in this section is
implemented. The executive director of the Minnesota state
retirement system may order any employing unit that fails to
implement the deferred compensation plan provided for in this
section upon a valid request to undertake that implementation
and may enforce that order in appropriate legal proceedings.
Subd. 2. Purchase of shares. The amount of
compensation so deferred may be used to purchase:
(1) shares in the Minnesota supplemental investment fund
established in section llA.17;
(2) saving accounts in federally insured financial
institutions;
(3) life insurance contracts, fixed annuity and variable
annuity contracts from companies that are subject to regulation
by the commissioner of commerce;
(4) investment options from open-end investment companies
registered under the federal Investment Company Act of 1940,
United States Code, title 15, sections 80a-l to 80a-64;
(5) investment options from a firm that is a registered
inves"tment advisor under the Investment Advisors Act of 1940,
United States Code, title 15, section 80b-l to 80b-21i
(6) investment options of a bank as defined in United
States Code, title 15, section 80b-2, subsection (a), paragraph
(2), or a bank holding company as defined in the Bank Holding
Company Act of 1956, United States Code, title 12, section 1841,
http://www.revisor.leg.state.mn.us/stats/3 52/96 .html
9/26/01
. ,NIinnesota Statutes 2000, 352.96 Page 2 of 3
subsection (a), paragraph (1); or
(7) a combination of clause (1), (2), (3), (4), (5), or
(6), as provided by the plan as specified by the participant.
All amounts contributed to the deferred compensation plan
and all earnings on those amounts will be held for the exclusive
benefit of the plan participants and beneficiaries. These
amounts will be held in trust, in custodial accounts, or in
qualifying annuity contracts as required by federal law and in
accordance with section 356A.06, subdivision 1. This
subdivision does not authorize an employer contribution, except
as authorized in section 356.24, subdivision 1, paragraph (a),
clause (5). The state, political subdivision, or other
employing unit is not responsible for any loss that may result
from investment of the deferred compensation.
Subd. 3. Executive director to administer section.
This section must be administered by the executive director of
the system with the advice and consent of the board of directors
under subdivision 4. Fiduciary activities of the deferred
compensation plan must be undertaken in a manner consistent with
chapter 356A. If the state board of investment so elects, it
may solicit bids for options under subdivision 2, clauses (2),
(3), (4), (5), and (6). The state board of investment may
retain consulting services to assist it in soliciting and
evaluating bids and in the periodic review of companies offering
options under subdivision 2, clauses (3), (4), (5), and (6).
The periodic review must occur at least every two years. The
state board of investment may annually establish a budget for
its costs in the soliciting, evaluating, and periodic review
processes. The state board of investment may charge a
proportional share of all costs related to the periodic review
~~ each company currently under contract and may charge a
proportional share of all costs related to soliciting and
evaluating bids to each company selected by the state board.
All contracts must be approved before execution by the state
board of investment. Contracts must provide that all options in
subdivision 2 must: be presented in an unbiased manner and in a
manner that conforms to rules adopted by the executive director,
be reported on a periodic basis to all employees participating
in the deferred compensation program, and not be the subject of
unreasonable solicitation of state employees to participate in
the program. The contract may not call for any person to
jeopardize the tax-deferred status of money invested by state
employees under this section. All costs or fees in relation to
the options provided under subdivision 2, clauses (3), (4), (5),
and (6), must be paid by the companies ultimately selected by
the state board of investment.
Subd. 4. Executive director to establish rules. The
executive director of the system with the advice and consent of
the board of directors shall establish rules and procedures to
carry out this section including allocation of administrative
costs of the plan to participants. Fees cannot be charged on
contributions and investment returns attributable to
contributions made to the Minnesota supplemental investment
funds before July 1, 1992. Annual total fees charged for plan
administration for the Minnesota supplemental investment funds
cannot exceed 40/100 of one percent of the contributions and
http://www.revisor.leg.state.mn.us/stats/3 52/96.html
9/26/01
, Minnesota Statutes 2000,352.96
,'"
investment returns attributable to contributions made on or
after July 1, 1992. The rules established by the executive
director must conform to federal and state tax laws,
regulations, and rulings, and are not subject to the
Administrative Procedure Act. Except for the marketing rules,
rules relating to the options provided under subdivision 2,
clauses (2) and (3), must be approved by the state board of
investment.
Subd. 5. Other laws not applicable. No provision of
this chapter or other law specifically referring to this chapter
applies to this section unless this section is specifically
mentioned.
Subd. 6. Exemption from process. No amount of
deferred compensation is assignable or subject to execution,
levy, attachment, garnishment, or other legal process, except as
provided in section 518.58, 518.581, or 518.6111.
HIST: 1975 c 273 s 1; 1977 c 300 s 1-3; 1980 c 607 art 14 s 45
subd 1; s 46; 1981 c 208 s 10; 1983 c 289 s 114 subd 1; 1984 c
655 art 1 s 92; 1985 c 248 s 70; 1986 c 356 s 8; 1987 c 157 s 3;
1987 c 229 art 6 s 1; art 11 s 1; 1987 c 284 art 4 s 2,3; 1988 c
605 s 8; 1989 c 319 art 8 s 12; 1990 c 570 art 10 s 6; 1993 c
192 s 87; 1993 c 300 s 11; 1993 c 307 art 2 s 9,10; 1994 c 528
art 1 s 9; 1997 c 203 art 6 s 92; 1997 c 241 art 3 s 1-3; 1997 c
251 s 1; 1998 c 390 art 2 s 6
Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.mn.us/stats/352/96.htm!
Page 3 of3
9/26/01
,
S~1t-er 113 ~ 5e,t~tt 2~
BALANCE IN CHECKING ACCOUNTS AS OF SEPTEMBER 13, 2001
RECEIPTS $15,844.54
DISBURSEMENTS ($100,299.93)
PAYROLL PERIOD ENDING
BALANCE IN CHECKING ACCOUNT AS OF SEPTEMBER 26, 2001
$2,385,425.00
$ 69,560.43
($ 105,392.34)
N/A
$2,295,877.20
Ts-ta6{isfiecf 18S7
t
CITY OF CENTERVILLE
09/20/01 10:42 AM
Page 1
Cash Receipts
Tran Batch
Amount Date Refer Comments Name Account Oeser
101 GENERAL FUND
G
$0.30 9/12/01 o UB UR Receipt Group 01 RE 9-12-01 G 101-11500 Accounts Receivable
$149.29 9/20/01 o UB UR Receipt Group 01 RE 09-20-01 G 101-11500 Accounts Receivable
G $149.59
R
$81.00 9/12/01 06874 BEAVER POND WAY - 091201 R 101-32180 Plumbing Permits
$20.00 9/12/01 01855 PIONEER LN - REGIST 091201 R 101-34107 Assessment Search Fees
$55.00 9/12/01 07041 BRIAN DRIVE - 01-165 091201 R 101-32210 Building/Mech. Permits
$70.00 9/12/01 07248 CLEAR RIDGE - 01-164 091201 R 101-32210 Building/Mech. Permits
$50.50 9/12/01 01822 -72ND ST C01-107 091201 R 101-32225 Electrical Inspection
$80.50 9/12/01 06888 BEAVER POND WAY- 091201 R 101-32225 Electrical Inspection
$40.00 9/12/01 06891 BEAVER POND WAY- 091201 R 101-34107 Assessment Search Fees
$186.60 9/12/01 07163 BRIAN DRIVE - #01-16 091201 R 101-32210 Building/Mech. Permits
$5.34 9/12/01 o UB Receipt Sure 1 SALES TA 9-12-01 R 101-36280 Sales Tax Collections
$3.50 9/12/01 o DOG LICENSE # 000159 - C 091201 R 101-32200 Animal Licenses
$20.50 9/14/01 o 1645 PEL TIER LAKE DRIVE 9-14-01 R 101-32210 Building/Mech. Permits
$110.50 9/14/01 01855 PIONEER LANE - C01- 9-14-01 R 1 01-32225 Electrical Inspection
$20.50 9/14/01 07050 EAGLE TRAIL - M01-05 9-14-01 R 101-32210 Building/Mech. Permits
$50.00 9/14/01 o 7087 GIOFFON ROAD - OPC 9-14-01 R 101-32225 Electrical Inspection
$2,119.30 9/14/01 07326 DEER PASS - 01-167- 9-14-01 R 101-32210 Building/Mech. Permits
$225.00 9/14/01 07326 DEER PASS - 01-167- 9-14-01 R 101-32300 Site Maintenance Fees
$25.00 9/14/01 07326 DEER PASS - 01-167- 9-14-01 R 101-32250 Mail Box Fees
$1,006.75 9/14/01 o PHEASANT MARSH PHASE 9-14-01 R 101-32000 Special Use/Grading/Burni
$139.40 9/14/01 06983 MEADOW CIRCLE - 01- 9-14-01 R 101-32210 Building/Mech. Permits
$26.00 9/14/01 07041 BRIAN DRIVE - C01-10 9-14-01 R 101-32225 Electrical Inspection
$110.50 9/14/01 07001 EAGLE TRAIL - C01-10 9-14-01 R 101-32225 Electrical Inspection
$100.50 9/14/01 o 1653 LAKELAND CIRCLE - M 9-14-01 R 101-32210 Building/Mech. Permits
$31.22 9/14/01 06890 DEER COURT - DECK - 9-14-01 R 101-32210 Building/Mech. Permits
$2,136.51 9/14/01 o AUGUST 2001 FINES/FEES- 9-14-01 R 101-35000 Fines and Forfeits
$25.50 9/18/01 07341 DEER PASS DR - C01- 9-18-01 R 101-32225 Electrical Inspection
$20.50 9/18/01 01869 QUEBEC STREET - MO 9-18-01 R 101-32210 Building/Mech. Permits
$2.82 9/18/01 o UB Receipt Sure 1 SALES TA 091701 R 101-36280 Sales Tax Collections
$50.50 9/18/01 o 1935 73RD AVE - C01-109 9-18-01 R 101-32225 Electrical Inspection
$101.00 9/18/01 06888 BEAVER POND WAY - 9-18-01 R 101-32180 Plumbing Permits
$30.00 9/18/01 06888 BEAVER POND WAY # 9-18-01 R 101-32225 Electrical Inspection
$8.81 9/19/01 o UB Receipt Sure 1 SALES TA 091901 R 101-36280 Sales Tax Collections
$110.50 9/20/01 06874 BEAVER POND WAY - 9-20-01 R 101-32225 Electrical Inspection
$56.00 9/20/01 07111 - 21ST AVE - SHORTA 9-20-01 R 101-32225 Electrical Inspection
R $7,119.75
101 GEN $7,269.34
415 STORM WATER IMP PROJECTS
R
$30.10 9/12/01 o UB Receipt Serv 10 DRAIN F 9-12-01 R 415-32350 Storm Water Drainage Fu
$2.71 9/12/01 o UB Receipt Serv Pen 10 DRA 9-12-01 R 415-32350 Storm Water Drainage Fu
$200.00 9/14/01 07326 DEER PASS - 01-167 - 9-14-01 R 415-32350 Storm Water Drainage Fu
$0.18 9/18/01 o UB Receipt Serv Pen 10 DRA 091801 R 415-32350 Storm Water Drainage Fu
"
',?Cdaoat 4 -:Ld4~"
Amount
CITY OF CENTERVILLE
Cash Receipts
Tran
Date Refer Comments
Batch
Name
09/20/01 10:42 AM
Page 2
Account Oeser
R
$1.69
$1.54
$16.33
$2.25
$25.52
$6.48
$0.68
$287.48
415 STO
$287.48
601 WATER FUND
R
R
$35.57
$42.53
$392.01
$3.55
$276.00
$1,300.00
$2.31
$39.46
$353.72
$55.52
$5.80
$0.23
$43.39
$14.52
$9.15
$2.35
$4.34
$1.54
$117.30
$12.19
$14.31
$135.59
$10.42
$4.97
$15.70
$96.29
$6.94
$0.69
$2,996.39
601 WAT
$2,996.39
602 SEWER FUND
R
$8.23
$82.27
$61.49
9/18/01
9/18/01
9/18/01
9/19/01
9/19/01
9/20/01
9/20/01
9/12/01
9/12/01
9/12/01
9/12/01
9/14/01
9/14/01
9/18/01
9/18/01
9/18/01
9/18/01
9/18/01
9/18/01
9/18/01
9/18/01
9/18/01
9/18/01
9/18/01
9/19/01
9/19/01
9/19/01
9/19/01
9/19/01
9/19/01
9/19/01
9/20/01
9/20/01
9/20/01
9/20/01
9/12/01
9/12/01
9/12/01
o US Receipt Serv 10 DRAIN F 091801
o US Receipt Serv Pen 10 DRA 091701
o US Receipt Serv 10 DRAIN F 091701
o US Receipt Serv Pen 10 DRA 091901
o US Receipt Serv 10 DRAIN F 091901
o US Receipt Serv 10 DRAIN F 09-20-01
o US Receipt Serv Pen 10 DRA 09-20-01
o US Receipt Serv 30 WATER 9-12-01
o US Receipt Serv Pen 1 WAT 9-12-01
o US Receipt Serv 1 WATER 9-12-01
o US Receipt Serv Pen 30 WAT 9-12-01
07326 DEER PASS - 01-167 - 9-14-01
07326 DEER PASS - 01-167 - 9-14-01
o US Receipt Serv 30 WATER 091801
o US Receipt Serv Pen 1 WAT 091701
o US Receipt Serv 1 WATER 091701
o US Receipt Serv 1 WATER 091801
o US Receipt Serv Pen 1 WAT 091801
o US Receipt Serv Pen 30 WAT 091801
o US Receipt Serv 15 WATER 091701
o US Receipt Serv 30 WATER 091701
o US Receipt Serv 30 WATER 091701
o US Receipt Serv Pen 30 WAT 091701
o US Receipt Serv Pen 15 WAT 091701
o US Receipt Serv Pen 30 WAT 091901
o US Receipt Serv 1 WATER 091901
o US Receipt Serv Pen 1 WAT 091901
o US Receipt Serv Pen 15 WA T 091901
o US Receipt Serv 15 WATER 091901
o US Receipt Serv 30 WATER 091901
o US Receipt Serv 30 WATER 091901
o US Receipt Serv Pen 1 WAT 09-20-01
o US Receipt Serv 1 WATER 09-20-01
o US Receipt Serv 30 WATER 09-20-01
o US Receipt Serv Pen 30 WAT 09-20-01
o US Receipt Serv Pen 18 SEW 9-12-01
o US Receipt Serv 18 SEWER 9-12-01
o US Receipt Serv Pen 6 SEW 9-12-01
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 601-34400 Safe Drinking Water Fee
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-34400 Safe Drinking Water Fee
R 601-34600 Water Meter Charges
R 601-37150 Water Connect/Reconnect
R 601-34400 Safe Drinking Water Fee
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-34400 Safe Drinking Water Fee
R 601-37100 Water Sales
R 601-34400 Safe Drinking Water Fee
R 601-34400 Safe Drinking Water Fee
R 601-34400 Safe Drinking Water Fee
R 601-37100 Water Sales
R 601-34400 Safe Drinking Water Fee
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-34400 Safe Drinking Water Fee
R 601-34400 Safe Drinking Water Fee
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-34400 Safe Drinking Water Fee
R 601-34400 Safe Drinking Water Fee
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
.:
Amount
CITY OF CENTERVILLE
Cash Receipts
Tran
Date Refer Comments
Batch
Name
09/20/01 10:42 AM
Page 3
Account Descr
R
$630.71
$1,150.00
$1,750.00
$3.99
$38.05
$330.34
$4.10
$41.02
$30.09
$215.76
$27.04
$36.78
$352.52
$143.13
$15.30
$4,920.82
602 SEW
$4,920.82
618 CITY CELEBRATION
R
R
$370.51
$370.51
618 CITY
$370.51
$15,844.54
9/12/01
9/14/01
9/14/01
9/18/01
9/18/01
9/18/01
9/18/01
9/18/01
9/18/01
9/19/01
9/19/01
9/19/01
9/19/01
9/20/01
9/20/01
9/12/01
o US Receipt Serv 6 SEWER 9-12-01
07326 DEER PASS - 01-167 - 9-14-01
07326 DEER PASS - 01-167 - 9-14-01
o US Receipt Serv Pen 6 SEW 091801
o US Receipt Serv 6 SEWER 091801
o US Receipt Serv 6 SEWER 091701
o US Receipt Serv Pen 18 SEW 091701
o US Receipt Serv 18 SEWER 091701
o US Receipt Serv Pen 6 SEW 091701
o US Receipt Serv 18 SEWER 091901
o US Receipt Serv Pen 18 SEW 091901
o US Receipt Serv Pen 6 SEW 091901
o US Receipt Serv 6 SEWER 091901
o US Receipt Serv 6 SEWER 09-20-01
o US Receipt Serv Pen 6 SEW 09-20-01
o CENTERVILLE LION'S DON 091201
R 602-37200 Sewer Sales
R 602-34700 SAC Charges
R 602-37250 Sewer ConnectlReconnec
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 618-36230 Contributions and Donatio
CITY OF CENTERVILLE
09/20/01 9:59 Af'..
Page'
*Check Summary Register@
SEPTEMBER 2001
Name
Check Date
Check Amt
10100 THE COUNTY BANK
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
16186
16187
16188
16189
16190
16191
16192
16193
16194
16195
16196
16197
16198
BARNA, GUZY & STEFFEN L TO
BENDER, TERESA
BONESTROO,ROSENE,ANDERLlK
BUILDING CODES & STANDARDS DIV
CONSTRUCTION BULLETIN MAG.
CONTINENTAL RESEARCH CORP.
CORNER EXPRESS
HACH COMPANY
HAWKINS WATER TREATMENT
IMAGE PRINTING & GRAPHICS
MAC-MAY HOMES
MENARDS-FORESTLAKE
MET. COUNCIL ENV. SERVo (SDS)
MINNEGASCO'
OLSON'S SEWER SERVICE, INC.
PRESS PUBLICATIONS
SHEA
SITE SOLUTIONS INCORPORATED
SUBURBAN INSPECTIONS
SWEENEY, KRIS
TIME SAVER
TOM THUMB
TRU GREEN - CHEM LAWN
XCELENERGY
$6,747.75
$30.90
$11,145.08
$60.00
$205.38
$310.75
$343.69
$1,644.13
$986.98
$117.90
$800.00
$88.01
$13,200.27
$65.90
$562.50
$162.00
$1,047.36
$150.00
$1,255.50
$6.21
$223.00
$60.75
$266.25
$4,003.68
$43,483.99
Total Checks
MANUAL CHECKS
L1NO LAKES AREA CHAMBER OF COMMERCE
DANIEL FABIAN
SAM'S CLUB
QWEST
PENN CONTRACTING
IRS/COUNTY BANK
MINNESOTA DEPT OF REVENUE
PERA
NATIONWIDE RETIREMENT SOLUTIONS
SUN RAMP SOLUTIONS, INC.
EARL F. ANDERSON
HAWKINS WATER TREATMENT
PUBLIC EMPLOYEES INC. PROG.
$200.00
$20.00
$186.20
$52.00
$8,500.29
$3,400.33
$494.13
$1,062.43
$525.69
$12,952.20
$26,222.88
$142.11
$3,057.68
$56,815.94
TOTAL MANUAL CHECKS
TOTAL CHECKS $100,299.93
!
Centennial Fire District
7741 Lake Drive
LinoLakes, MN 55014
(651) 784-7472 - Office
(651) 784-2427 - Fax
September 20, 2001
TO:
City Council
City of Centerville
City Council
City of Circle Pines
City Council
City of Lino Lakes
FROM:
Milo Bennett
SUBJECT:
Ratification of expenditures and approval
for payment of expenses.
Your approval of expenses, as listed on the attached copy of
the check register, checks #12844 - 12869, in the amount of
$8,195.93 is hereby requested.
Centennial Fire District
Check Register
Page 1 of 1
DATE CHECK# NAME ACCOUNT AMOUNT
09/20/2001 12844 Amoco Oil Company 42100 - Fuel and Lube 301.06
09/20/2001 12845 Anoka- Technical College 42220 - Travel, School, Conference 300.00
09/20/2001 12846 Circle Pines Office Products 42180 - Office Supplies 4.68
09/20/2001 12847 Connexus Energy 42252 - Station 1 - Electric 354.63
09/20/2001 12848 Curtis 1000 42180 - Office Supplies 268.90
09/20/2001 12849 Frattallone's Hardware 42110 - Other Maintenance 37.58
09/20/2001 12850 Frontline Plus Fire & Rescue 42130 - Equipment Expense 1,025.00
09/20/2001 12851 Interstate Companies, Inc. 42110- Other Maintenance 744.28
09/20/2001 12852 Loffler Business Systems 42110 - Other Maintenance 17.56
09/20/2001 12853 Malloy, Montaque, Karnowski, & Radosevich 42160 - Accounting Services 1,240.00
09/20/2001 12854 Mike T. Peterson 42130 - Equipment Expense 448.00
09/20/2001 12855 Milo Bennett 42280 - Miscellaneous Expense 16.37
09/20/2001 12856 MN Fire Service Certification Board 42220 - Travel, School, Conference 90.00
09/20/2001 12857 MN State Fire Chiefs Association 42220 - Travel, School, Conference 812.00
09/20/2001 12858 National Assoc. for Search and Rescue 42200 - Dues and Memberships 49.00
09/20/2001 12859 Oxygen Service Company, Inc. 42270 - Breathing Air 104.50
09/20/2001 12860 Postmaster 42180 - Office Supplies 102.00
09/20/2001 12861 Qwest 42240 - Telephone Expense 297.85
09/20/2001 12862 Reliant Energy Minnegasco 42253 - Station 2 - Gas 61.68
09/20/2001 12863 Scott Behr 42100 - Fuel and Lube 38.58
09/20/2001 12864 Susan Booth 42280 - Miscellaneous Expense 192.50
09/20/2001 12865 Tom Thumb 42100 - Fuel and Lube 72.65
09/20/2001 12866 Viking Office Products 42180 - Office Supplies 125.89
09/20/2001 12867 Xcel Energy 42254 - Station 2 - Electric 523.53
__Q9nO/2001 12868 Milo Bennett 45010 - Safety Camp Expense 673.4 7
09/20/2001 12869 Sam's Club 45010 - Safety Camp Expense .2JM22
Total $8,195.93
LMC
145 University Avenue West, St. Paul, MN 55103-2044
Phone: (651) 281-1200 (800) 925-1122
Fax: (651) 281-1299 TDD (651) 281-1290
Web Site: http://www.1mnc.org
League of Minnesota Cities
CiHes promoting excellence
To:
Mayor, Administrator, Clerk
From:
James F. Miller
Executive Director
,"te,
,
.;J
Date: August 27,2001
RE: 2001 Dues Increase
I want to personally comment on your enclosed League of Minnesota Cities dues invoice for
the year beginning September 1,2001.
At its August 24th meeting, the League Board approved a 3% dues increase for the coming
year. The Board had authority from our membership to increase dues by up to 5%, but felt that
a more modest increase was appropriate given the uncertainty the 2001 Tax Bill created for
cities as they prepare their budgets and with the re-imposition oflevy limits.
However, because the League's dues structure is based on population, the 2000 Census has
further impacted some cities, yours included, with an increase above the 3 % general increase.
Although we adjust population estimates annually based on the best available information,
invariably some of those estimates are shown to be inaccurate after each decennial census, as
was the case for your city this year.
While the dollar amount of the resulting increase above the 3% general may not be
substantial, I realize that it still may represent a significant percentage increase. I want you to
know that I, the Board, and entire staff greatly appreciate your support and we pledge our best
efforts in this coming year to make sure you receive the value from your membership you
deserve.
Thank you for your membership. Please call me if you have any questions.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
LMC
League of Minnesota Cities
Cities building quality communities through excellence
in governance, management and services to citizens
~ .MINNESOTA CITIES
Building
Quality
Communities
r"",gu. 0/ Mht..- Citia
Otiu~-n-..
City:
Centerville
Population:
3,202
Membership Dues Invoice
Effective during 2001-2002
Cities with a population of:
249 OR LESS .............. ..... ....... .......... ............ .... .......... ....... ...................................... .................. $262
250-4,999 ........................................................................... $91 PLUS 69.36 CENTS PER CAPITA
5,000-9,999...................................................................... $724 PLUS 56.68 CENTS PER CAPITA
10,000-19,999............................................................... $1,566 PLUS 48.26 CENTS PER CAPITA
20,000-49,999............................................................... $5,356 PLUS 29.31 CENTS PER CAPITA
50,000-299,999 ............................................................. $15,856 PLUS 8.32 CENTS PER CAPITA
300,000 AND OVER ................................................... $26,727 PLUS 4.70 CENTS PER CAPITA
(This scheduLe adopted June 15, 2000. TotaL rounded to nearest dollar.)
For membership dues in the League of Minnesota Cities for the year beginning September 1, 2001.
Annual dues for membership in the League of Minnesota Cities includes subscription at $25 each to Minnesota Cities maga-
zine. Pursuant to the disclosure requirements of Minnesota Statutes 1996, Section 6.76, the proportionate amount
of dues spent for lobbying purposes is 10.4%.
Payment from Public Funds Authorized by Minn. Stats., See. 465.58
AMOUNT DUE
$2,312
I declare under the penalties oflaw that the foregoing account is just and correct and that no part of it has been paid.
Dated: September 1,2001
r ~fY/~~)
J F. Miller
xecutlve Duector, League of Mmnesota Cmes
Annual dues for membership in the League of Minnesota Cities include subscriptions to Minnesota Cities magazine
at $25 per subscription, according to the following schedule:
Population group
249 or less
250 - 4,999
5,000 - 9,999
10,000 - 19,999
20,000 - 49,999
50,000 - 299,999
300,000 or more
Number of subscriptions
6
11
15
20
25
30
35
For further information on subscriptions contact the League office, (651) 281-1200.
League of Minnesota Cities · 145 University Avenue West. St. Paul, MN 55103-2044 . (651) 281-1200 or (800) 925-1122 . www.lmnc.org
-T><o >'4'.<"-
" ~ 1; '~-)tt
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Memorandum
From the desk of Ray DeVine...
To:
HonarabJe Mayor and Council members
Fete des Lacs Committee members
City Staff and Public works employees
Sept. 14,2001
Fete des Lacs
Ray De Vine
Date:
Subject:
From:
After much consideration and thought I have decided to resign my position as the Fete des Lacs
chairperson. This decision was not easy to arrive at, I have spent many hours thinking about it. The
reasons for my resignation span the entire spectrum and I will try to explain them.
I have devoted a lot of time to the revitalization of the city celebration and regret having to step back at
this critical stage. Each consecutive year the festival takes place it has the potential to grow as more
and more residents are made aware of it and make plans to attend. I sincerely hope the city celebration
continues to be a celebration the entire city can be proud of I will continue to participate and help
with the city celebration, I just do not want to make the commitment to be in charge of the event.
I have two young children at home that would probably enjoy going to the city festival with their dad
rather than just seeing me there. My real estate business is taking more and more of my time. It is
increasingly evident that the economy is not going to be booming in the coming years, this will require
me to devote more time to my business so that I can enjoy the same quality oflife I have become
accustomed to.
I have watched ciosely as our current City Council members have taken care of business, in particuiar,
I am speaking of how Patricia Scott and Jill Lein were singled out by one or two people ultimately
fired from their positions. As a businessperson and resident of this city I haven't the time nor the
inclination to play that game. I have worked closely with these two individuals as well as l\II:r. I\/Iarch
and feel that they were great assets to our community and everything possible should have been done
to keep them on our team. I feel that all of these individuals have not only given 100% to their job, but
they have also been valuable volunteers in our community.
The final factor that convinced me to take this step was a lack of enthusiasm or drive to start the
planning for next years event. I planned to have a Festival meeting on Sept. 17th but had no inclination
to create an agenda or call the committee members to announce this meeting.
I regret any confusion that this has caused. Anyone having specific questions regarding the planning
of the past city celebrations can feel free to contact me at 651-407-6950.
,
2001 Laws
Special Session
Ch. 5, Art. 3,
Sec. 47 amends
Minn. Stat.
275.065, subd. 3
Minn. Stat. S
275.065, subd. 6
Minn. Stat. S
275.065 subd.
6b
and 3) the tax rate under the proposed budget. Note: Due to the fact that the
hearing requirements for this fall are suspended, this provision will not take
effect until next year, unless your city chooses to optionally hold a hearing
D. Selecting hearing dales
County auditors must coordinate selection of TNT hearing dates. Since the
hearing requirements are waived for 2001, you only need to contact the county
auditor if your city is over 500 population and you choose to hold TNT
hearings.
A city with a population greater than 500 should select two hearing dates
between Nov. 29 and Dec. 20. Cities under 500 population are exempt from the
hearing requirements. The first hearing is the initial hearing; the second hearing
is the continuation hearing. The date for the continuation hearing must occur at
least five business days but not more than 14 business days after the initial
hearing. All TNT hearings must be held after 5 p.m., Monday through Friday,
or anytime on Saturday. No hearings may be scheduled on Sunday. Cities may
schedule continuation hearings on dates that conflict with other taxing
authorities' continuation hearing dates, if necessary.
Some cities, especially suburban cities that are covered by parts of multiple
school districts, have had difficulty finding dates to hold their hearings. In
response, the Legislature has reserved the first and second Mondays of
December (Dec. 3 and 10, 2001) for all cities.
A county that chooses to hold hearings will hold their initial hearing on the first
Thursday in December (Dec. 6,2001) and their continuation hearing on the
third Tuesday (Dec. 18,2001). Counties also have the option of holding
additional initial hearings on other dates before Dec. 20 at other sites if
necessary for the convenience of county residents.
Additionally, metropolitan special taxing districts (such as the Metropolitan
Council, Metropolitan Mosquito Control Commission, Regional Transit Board,
and Metropolitan Airports Commission) may hold their hearings on the first
Wednesday in December (Dec. 5, 2001). Finally, school boards will select
hearing dates. County auditors will notify city clerks or managers by Aug. 20 of
the available dates that remain. Cities must certify hearing dates to the county
by Sept. 14.
Joint truth-in-taxation hearings with county and school officials are authorized
for cities with populations over 10,000. If a city with a population over 10,000
elects to hold a joint hearing, it may invite a member of the county board, the
school board, and the Metropolitan Council (if applicable) to its hearing.
Guidelines for Preparing City Budgets 2002
21
2001 Laws
Special Session
Ch. 5, Art. 3,
Sec. 91
superseding
Minn. Stat. 8
275.065, subd. 3
Minn. Stat. S
275.065
lVlinn. Stat. S
275.065, subd.
5a
2001 Laws
Special Session
Ch. 5 Art. 3
Sec. 47
amending
Minn. Stat. S
275.065, subd.
5a
22
A subsequent hearing is required for the official adoption of the final levy and
budget, but the city is not required to schedule the date of this hearing through
the county auditor.
E. Parcel-specific notic~s
Due to the late conclusion of the 2001 session, the parcel-specific TNT notices
will be delayed. By Dec. 14,2001, counties will prepare and send, by first class
mail, notices of proposed property taxes to each property owner listed on the
current assessment rolls. The parcel-specific notice will be simplified to give
the counties more time to reprogram their computer systems. The required form
of the notice should minimize taxpayer concerns about city levy increase due to
the loss of state aid. The modified 2002 parcel-specific notice will contain
itemized property tax information for each local unit of government based on
the proposed 2002 property tax levy. However, the only comparative
information on the notice will be the current total pay 2001 tax liability (the
combined city, county, school, and special district taxes due). Therefore,
although the city levy will increase in many communities due to the loss of
HACA and/or LOA, a direct comparison of the 2001 actual city tax and the
2002 proposed city tax will not be reported on the notice.
In the fall of 2002, the parcel-specific tax notice will return to the layout used
from 1997 to 2000, which shows the current year's taxes payable and the
proposed taxes payable for the following year for each taxing jurisdiction. In
addition, the form shows the following:
or
The degree to which local spending decisions have changed the
property's tax burden; and
lJ1
The degree to which other factors, including legislative actions such as
changes in class rates, state aids, and other factors like property value
assessments, have changed the property's tax burden.
F.
Advertising and posting requirements
Like the hearing requirements, advertising and posting requirements are waived
for 2001. If your city chooses to hold TNT hearings, the following advertising
and posting requirements should be followed:
The advertisement must include notice of the city's intent to adopt a property
tax levy and budget for 2002 and the time, date, and location of the hearing for
participating local government units. The notice must now also include a phone
number for taxpayers to call if they have questions about the notice. The notice
must include information on the effect your proposed levy will have on the city
tax rate (see section C above), which should be available from your county.
Only the initial hearing must be adve11ised because the date and time of the
League of Minnesota Cities
,
Minn. Stat. S
275.065, subd.
Sa.
See Appendix H
for sample
notice.
See Appendix H
for sample
notice.
Minn. S ta t. 9
275.065, subd. 6
continuation hearing, if one is necessary, will be announced at the initial
hearing. Advertising the notice serves the dual purpose of providing a direct
notification to renters and also functioning as a reminder to property owners.
Standard forms for advertising and posting are prescribed by law, and will be
furnished by the Dept. of Revenue to each city. The forms will also be available
from the League.
Cities with populations of at least 2,500 and all counties and school
districts that choose to hold hearings this year must publish an advertisement at
least the size of a one-eighth page standard size newspaper. The advertisement
for these cities and counties must also include summary budget and levy
information in a form proscribed in statute. The advertisement must be
published in a newspaper that is circulated throughout the city (publication in
more than one newspaper may be necessary) that includes local and/or state
news and is published at least once a week. The advertisement must not be
placed in the part of the newspaper where leggl notices and classified
advertisements appear. The notice must be published not less than two business
days nor more than six business days before the hearing.
Cities with populations of over 500 but not more than 2,500 that choose to
hold hearings this year must post a notice of their proposed tax levy hearing in
the three most public places in the city. No newspaper advertisement is required
for these cities. Cities of populations of 500 or less are exempt from the hearing
and posting requirements. The most recent population estimates of the state
demographer will determine the appropriate requirement.
G. The TNT hearing process
For 2001, cities over 500 in population may optionally choose to hold a set of
TNT hearings to present the proposed levy and budget, and provide an
opportunity for the public to comment and make recommendations. Cities can
use the hearing process as an opportunity to educate and inform their voters.
Beginning in 2002, the hearing requirement that applies to cities over 500
population is modified to provide an exemption if the proposed levy increase is
less than inflation as defined by the implicit price deflator for government
consumption expenditures. Although the hearing requirements have been
waived for taxes levied this fall, the IPD is estimated to be 3.36 percent for pay
2002 taxes. Any city that proposes an increase less than that amount would
have otherwise been exempt from the hearing requirement.
Cities should consider the following ideas for the hearing:
iii Include an executive summary of the budget, highlighting services or
budget goals.
.. Review last year's major accomplishments by explaining objectives and
results.
Guidelines for Preparing City Budgets 2002
')~
_.J
Minn. Stat. S
275.Q65, subd. 6
24
'"
Explain how much of each property tax dollar goes to the city versus the
county and school. Use a graph to show the portion of tax dollars going
to the city.
Explain proposed levy and property tax rates.
Help citizens understand what the city tax proposal means for them, and
clearly show the difference betw'~en last year's and the proposed budget.
Apply the budget to future goals of the city.
Identify the tough decisions made to balance the budget, and discuss the
future implications.
Leave time for questions and answers.
II
II
"
II
II
1. Initial hearing
The first hearing date selected by the city will be for an initial hearing to present
the proposed levy and budget to the public and to hear public comment,
questions, and recommendations. Nothing prohibits the initial hearing from
being held on the night of a regularly scheduled city council meeting as long as
that date is available. If this is the case, the city should separately con vene the
TNT hearing and the council meeting. For example, the city could convene the
TNT hearing and adjourn to conduct the regular council meeting.
2. Continuation hearing
If the initial hearing is not sufficient for all public comment and further
discussion is required, a continuation hearing will be necessary. The date and
time of the continuation hearing must be announced before the close of the
initial hearing. The continuation hearing must occur between five and 14
business days after the initial hearing. Cities may schedule the continuation
hearing on dates that conflict with other taxing authorities' continuation hearing
dates, if necessary. If a continuation hearing is not necessary, the city must
announce the date and time of a subsequent hearing for the official adoption of
the final levy and budget. The announcement must be made prior to the end of
the initial hearing.
3.
hearing
Official adoption of the final levy and budget
For cities choosing to hold TNT hearings this year, the official adoption of the
final levy and budget cannot occur at the initial hearing or at the continuation
hearing, if one is held. A subsequent hearing is required for adoption. The
separation of the public comment hearings (initial and continuation) and the
official adoption hearing (subsequent hearing) is intended to allow time for the
city council to carefully consider and possibly incorporate concerns raised by
taxpayers. While many major decisions regarding the levy and budget may, in
fact, be quite final by the time of the initial hearing, cities should take the
League of Minnesota Cities
"
,
I
lVlinn, Stat. 8
275.07, subd. 1
Minn. Stat. 8
275.62
opportunity to listen to the comments and attempt to incorporate them where
feasible into their final levy and budget decisions.
The subsequent hearing, at which the city will officially adopt the final levy and
budget, must be held separately from the initial hearing. It is not necessary to
schedule this date through the county auditor, but the date must be announced
at the conclusion of the initial hearing (or the continuation hearing if one was
required). This hearing must be held at least one day after the initial hearing or,
if a continuation hearing is held, either immediately after the continuation
hearing or on a date following the continuation hearing. A subsequent hearing
may be held at a regularly scheduled council meeting or a special council
meeting, but must be completed by Dec. 27, 2001.
To officially adopt the final levy and budget, the city council must pass a
resolution at a time that is specifically convened for the purpose of the official
adoption TNT hearing (subsequent hearing). Again, time should be allowed for
public comment and questions. Failure to follow these steps may result in the
city being out of compliance with the TNT laws.
Cities that do not hold TNT hearings this fall should pass a resolution adopting
the final levy and budget at a regular or special council meeting before Dec. 27,
2001.
H. Certification of officially adopted levy to the
county auditor
After official adoption of the final levy and budget, cities must certify their final
property tax levies to their county auditors by Dec. 28 (five working days after
Dec. 20). As previously discussed, while this amount of the proposed levy, only
under a limited set of circumstances may the final levy be higher than the
proposed levy.
I. Compliance requirements and enforcement
State law authorizes the Dept. of Revenue to document compliance with the
TNT requirements. Because most of the requirements are waived for this year,
the department will not document compliance this year. The Form TNT -2002
sent to cities in June may be discarded.
J. Shared costs to administer the TNT process
mandate
All costs incurred in the TNT process must be paid by the participating local
governments. State funding was provided only during the first full year of the
TNT program in 1989--a $1.84 million general fund appropriation.
Guidelines for Preparing City Budgets 2002
25
Minn. Stat. 8
275.065, subd. 4
26
r,
\
Counties may apportion their costs for the preparation and mailing of the
notices among an of the participating local governments. If the county decides
to apportion these costs, they must use the following apportionment formula:
one-third to the county, one-third to the cities and towns within the county, and
one-third to the school districts within t~,~ county. These costs are then further
apportioned on the basis of the number of parcels of property located within the
cities, towns, and school districts. For example, a city with 20 percent of the
city and township parcels in the county could be required to pay 20 percent of
the one-third of total TNT costs apportioned to cities and towns.
League of Minnesota Cities
Truth-in- Taxation and Levy Limit Schedule
For taxes levied in 2001, Payable in 2002
Note: TNT hearing, advertising, and posting requirements are optional
for this year only.
On or before Sept. 1 Dept. of Revenue notifies cities of LGA amounts.
On or before Sept. 1 Dept. of Revenue certifies the payable 2002 overall levy
limitation to each city over 2,500 population.
On or before Sept. 28 Cities over 2,500 population (levy limit cities) notify the Dept. of
Revenue of their "special levy" claims for payable 2002 on PT
Form 280.
On or before Sept. 14 Cities certify proposed property tax levy to county auditor and
adopt proposed budget.
On or before Dec. 10 Dept of Revenue certifies the allowable "special levies" to levy
limit cities. The Department's determination is final. No changes
in special levies will be allowed after this date.
On or before Dec. 14 County mails notice of proposed property taxes to individual
property owners.
::Uptional- -Optional-
- --_. -
Not less than two nor more than six Adveltisement period for initial hearing. Although compliance
business days prior to the TNT with the TNT process is not being monitored, if you choose to
hearing hold a hearing, adequate publication and posting is
recommended.
On or before Dec. 28 (five working Final levy certified to county auditor.
days after December 20)
As soon as levy is certified to county Certification of compliance materials sent to the Dept. of
auditor Revenue.
Guidelines for Preparing City Budgets 2002
27
SEP-21-2001 11:51
LEAGUE OF MI'.1 C IT I ES
City of Centerville
Individual Rates for Informational Purposes
612 281 :1.2'38 P.02./02
lrldividual Monthly Premium for EmployeeaChcice Plans - LOW
Primary Clinic Open Access Primary Clinic I Primary Clinic
Employee Choice 15 Choice 15 Choice 500 Choice 1000
Building inspector $ 931.80 $ 989,60 $ 799.00 S 765.60
ClerkITreasur"", $ 677.80 $ 719.80 $ SS1,30 $ 557.00
Account ClerK II $ 677.80 $ 719,80 I $ 581.30 $ 557.00 I
Public Works (Age 40 wlth 4 children) $ 825.90 $ 877.10 I $ 708.10 $ 678.60
Public Wor'~ (A.ge 3S with 1 child)) $ 537.60 $. 570.90 $ 461. 00 $ 441.ao
Monthly Proposed Premium Totals $ 3,660.90 $ 3,871.2.0 $ 3,130,10 $ 3,000.00
Individual Monthly Premium for Employee--Choice Plans - MEDIUM
Pnmary Clinic Open Access Primary Clinic Primary Clinic
Employee Choice 15 Choice 16 Choice SOO Choic91000
8uilding Inspector $ ',048.40 $ ',113,20 :$ 698.80 $ 861.40
ClerkiTressuter $ 762,70 $ 809.80 $ 653.90 $ 626.60
Account Clerk 1/ $ 762.70 $ 809.BO $ 653.90 $ 626.60
Public Works (Age 40 with 4 children) $ 929.10 $ 9S6. SO $ 796.60 $ 783.50
Public Wol'ks (Age 38 with 1 Child)) $ 605,00 $ 642.30 $ 515.70 $ 491.QO
Monthly Proposed Premium Tota\$ $ 4,101.90 $ 4,361.70 S 3,521.90 $ 3,375.10
Individual Monthly Premium for EmpJoyeo..choie. Plans. HIGH
Primary Clinic . OpOl'l Access Primary Clinic Primary Clinic.
Employee Choic915 Choice 15 Choice 500 ChQice 1000
Suildil'1Q In$pector IS 1,164.86 $ 1,236.98 $ 998. i'6 $ 957.10
Clerk/Traasurer $ 847.36 $ 899 83 $ 726.54 $ 696.22
Account ClerK II $ 847,36 $ 899.83 $ 726.54 $ 696.22
Public WorJ.;s (Age 40 with 4 children) S 1,032.34- $ 1,096.29 $ a85. 15 $ 848.24
?ubl!c lNorks(Age 38 with 1 child)) $ 672.08 $ 713.70 $ 576.25 $ 552.20
Monthly Proposed Premium Totals $ 4,S64.00 $ 4,846.63 $ 3.913.24 $ 3,749.98
Please Note: Rates are calcuJated on assuption of apouse being in seme age bend as empToy.".
TOTAL P.02
:
League of Minnesota Cities
Cities promoting e:<ceOence
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
Loss Control Services Administration
c/o Berkley Risk Administrators Company, LLC
222 South 9th Street, Suite 1300, Minneapolis, Minnesota 55402-3332
Phone: (612) 766-3000 Fax: (612) 766-3199
Web Site: www.lmnc.org
9/11/01
City Administrator
City of Centerville
1880 Main Street
Centerville, MN 55038
Dear Teresa:
A routine loss control survey was recently conducted concerning certain premises and operations for the
city. This was in conjunction with the City Centerville's participation in the League of Minnesota Cities
Insurance Trust property, liability and workers' compensation program. The purpose of my visit was to
assist the city in the reduction of potential loss through loss control and risk management activities.
As a result of this loss control survey, I have developed the following recommendations. We have found
that compliance with loss control recommendations can assist in minimizing the potential for loss.
City Hall
1-8/01 The eyewash station located in chemical room is not being flushed on a regular basis. It is
recommended that you flush this eyewash on a weekly basis. This will help to ensure that the
water is free of contaminates when needed for emergency use.
Skate Park
2-8/01 During my visit to the skate park, it was brought to my attention that the ramps were being moved
around by some of the older skaters. It is recommended that the city move these ramps back to
their original placements and paint an outline of the ramp onto the concrete
3-8/01 After reviewing the rules sign, it is recommended that the following statements be added.
1) Do not move, alter or add any equipment to this park.
2) All questions, concerns and comments should be reported to City Hall
3) No Scooters
4) (Last statement on sign) Failure to abide by these rules may result in Park CLOSING!
4-8/0 I The rules sign is currently located on the inside of the park. It is recommended that the sign be
posted on the outside of the park. This will enable individuals dropping off skaters to also see the
rules.
AN EQUAL OPPORTUNITY I AFFIRM A TIVE ACTION EMPLOYER
City of Centerville
9/11/01
Page
5-8/01 As per our discussion, a majority of the cities that have skate parks are not allowing bicycles for
numerous reasons. There are some that allow bikes'during specific time periods. At these times
roller blades and skateboards are not allowed. Currently, your city is allowing all three devices at
the same time. It is recommended that you monitor/track these activities closely to determine if
injuries and congestion would be reduced by separating these activities.
Playgrounds
6-8/01 The playgrounds are only surveyed on an annual basis. It is recommended that the parks be
surveyed on a more frequent basis. During heavy use times, such as summer vacation, you may
want to survey them on a weekly basis. Documentation of the surveys should be kept on file.
The long-term benefits and successes that can be enjoyed by a cooperative, self-insurance organization
depend upon serious and careful consideration of loss control recommendations. In that context, we ask
that you keep us informed of the steps you take to address these loss control recommendations. Therefore,
please respond wi/bin liD days of your receipt of this letter regarding the status of how you intend to
respond to these loss control recommendations.
I appreciate the time and courtesy extended to me at the time of my loss control visit. If I can be of any
assistance before my next visit, please do not hesitate to contact me.
S.l i9npp~e. fer.,/"-".14
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Tom Gross
Senior Loss Control Consultant
Berkley Risk Administrators Company, LLC
Five Year Highway
Improvement Plan
2002- 2006
Approved September 11,2001
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Prepared By:
AN'OKA
COUNTY
Highway Department
1440 Bunker Lake Boulevard NW
Andover, Minnesota 55304
,
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City of Askov
6369 Kf;Sbmagergade, PO Box 245
Askov, Minnesota 55704
Office Hours: Monday - Friday 8:00 - 4:30 Phone: (320) 838-3616 Fax: (320) 838-3616
September 5, 2001
i~ t;l~ ..~ 2 200\
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Dear Neighboring City Official:
The City of Askov is extremely pleased to be hosting the 2001 League of Minnesota Cities
(LMC) regional meeting for our area on October 11, 2001. We hope that many of the elected
officials and staff from your city will join us. The meeting will be held at the Askov Community
Center located on Kobmagergade (Merchant Street) across from the Post Office. See map
on reverse of letter. Attached is an agenda for the day.
2001 was an important year for cities at the legislature; come and learn more about how the
new tax bill and other laws will affect your local government. Get ready, too, for using
technology to your advantage. From an early optional session on dealing with computer
viruses to the unveiling of the new Gov.Office Website tool, you'll find out how LMC is
developing resources that make it easier for cities of all sizes to tackle the technology
challenges of the 21 st century.
During the social hour and over dinner, you'll reconnect with old friends and make some new
ones. We've planned a Danish-style meal for you. During the evening you'll be hearing
more about LMC President and Willmar Mayor Les Heitke's initiative for helping cities deal
with their increasing cultural diversity.
It promises to be both an informative and fun day for cities in our region. You won't want to
miss out, so send in your reservation on the enclosed form
All of us in Askov look forward to seeing you on October 11, 2001.
Sincerely,
For Mayor Bradley Petersen and the Askov City Council
~i~
Aria Budd, City Clerk
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LMC
League of Minnesota Cities
Cities promoting excellence
145 University Avenue West, St. Paul, MN 55103-2044
phone: (651) 281-1200 · (800) 925-1122
Fax: (651) 281-1299 . TDD (651) 281-1290
AGENDA for the 2001 REGIONAL MEETINGS
1 :00-2:00 pm
2:00-2:05 pm
2:05-2:45 pm
2:45-3:30 pm
3:30-3:45 pm
3:45-4:15 pm
4: 15-5:00 pm
5:00-5:30 pm
5:30-6:00 pm
6:00-6:45 pm
6:45-6:50 pm
6:50-7:15 pm
7:15-7:30 pm
7:30-7:45 pm
7:45-8:15 pm
8:15 pm
Optional Session
Dealing With Viruses and Other Computer Vulnerabilities
LMC Technology Staff
Welcome and Overview of Day
Kevin Frazell, Director of Member Services
Legislative Issues - 2001 and 2002 Sessions
Intergovernmental Relations Staff
Demonstration of Gov.Office Web Creator
LMC Technology & Communications Staff
Break
What's New At LMC - LMC Staff
HR Training Program -- Update on BOC Tools -- LMCIT Programs &
Coverages
"Around the Table" Discussion of Happenings in Area Cities
Tom Thelen, Field Representative
Introduction of Legislators and Others
Kevin Frazell
Social Time
Dinner
Welcome from Host Mayor
LMC President remarks
Les Heitke, LMC President and Mayor, Will mar
"Schools for Vietnam,"
Gary Doty, LMC Past President
The 2001 Tax Bill: An Overview
Gary Carlson, Intergovernmental Relations Director
Mosquito Heights Needs a New Web Site
"Buzz Olson," Mayor of Mosquito Heights
Adjourn
AN EQUAL OPPORTUNITY IAFFIRMA TIVE ACTION EMPLOYER
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September 18,2001
City COuncil
City of Centerville
1880 Main Street
Centerville, MN 55038
Dear Honorable Mayor and Council:
I am hereby requesting a copy of every regular or special meeting minutes be mailed to me. In addition I'm
requesting thatthe Week-In-Review also be forwarded to me.
r would also like to review all "Conversation Reports" prepared by council member Mari Nelson. Ms. Nelson
has informed me that she is very "anal retentive" and complies reports on all conversations. These reports are
considered public information.
Thank you.
~fV\tL &fLeJ~
Sanna Buckbee
7381 Peltier Circle
Centerville, MN 55038
i
"
September 18, 2001
City Council
City ofCenterville
1880 Main Street
Centerville, J\1N 55038
Dear Honorable Mayor and Council Members:
Although budgeting is the first and most essential ingredient of any efficient system of administration, it has
sometimes been neglected, poorly implemented and ignored fundamental of city government. The budget
serves as a check on city operations.
I am requesting the following information regarding the 200 I Budget. I am specifically requesting information
on the moneys spent but not allocated in the line item 2001 budget but approved by the city council for
expenditure.
This includes, but is not limited to:
the commlU1ication committee;
the parks and recreation committee;
the Fete des Lacs committee;
mayor and council salaries;
employee salaries and/or benefits;
expenses related to the city administrator search
legal fees incurred regarding the dismissal of employees
legal fees incurred regarding my request for information dated September 13, 2001;
any and all other expenditures not included within the 2001 budget.
I would also like the information used by the city council to rationalize the choices of how to distribute funds to
particular services which were lU1-budgeted for in 2001.
Thank you.
'dl/ttlfJ..., f/;~~
Sanna Buckbee
7381 Peliter Circle
Centerville, MN 55038
To the city manager
Cit'f of Centervi11e, Mn. 55038
13 September, 2001
From Clay P. Alcock
l8061vfain st
Cent~rville, 111m 55038
Sf P 2 ii,' ?!1f11:1
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To \Vhcm It May Concern:
I am writing this letter a.t4:er talking to Paul, your building inspector about the possible vacation of a Ioad-
\vay easment to the south of the intersection of 1\.1ain st and t/Iill rd. Ber,veen my property and 11',4t of L~rry
Ferrous. I would like to propose that the land be diveded equally between us. So as to asure 1113t we both
have adiquete access to our property and ga...~ges. Being my understanding is that you told the builder of
my residence Lee Stevens that he had to change the driveway plans to corne out onto this easment which in
tU.LT'J1 raised the cost of my house by havL.?}g to pave pm of the easment to meet city code.
r have also noticed that it apperrs that I can not access my back yard from my wheel chair with out leaving
my proper;T as it stands nOVi do to some varieances 1.'1 hOlY the building VJas located on the property.
Sincerely,
Clay P. i~Jcock
SIP 2 6 20m
Centennial Lakes Police Department
200 Civic Heights Circle, Circle Pines, MN 55014 (763) 784-2501 Fax (763) 784-0082
September 25~ 2001
City of Centerville Mayor, Council & City Administrator
City of Circle Pines Mayor, Council & City Administrator
City of Lexington Mayor, Council & City Manager
Dear Member Cities, Mayors & City Administrators/Manager;
As per the Centennial Lakes Police Commission Joint Powers Agreement, member
cities have notified the Commission of their budget preferences. The Cities
of Centerville and Circle Pines have indicated support of the regular budget
at a cost of $1,425,420, and Lexington has indicated support of the VISIon
budget at a cost of $1,471.199. To assist in resolution of the differences,
the Commission has scheduled a special meeting for:
Monday, October 22, 2001
7:00 p.m.
Lexington City Hall
Ci ty Adminis tra tors/Manager, Mayors and City Council members of all three
cities should attend so that issues can be resolved by the October 31, 2001,
deadline.
The outs tanding issues at this time appear to be the number of police
officers and the formula - specifically the cap on the City of Lexington.
The vision budget, at a cost of $1,471,199, includes two additional police
officers, a community service officer, and revenue from a COPS grant. The
regular budget, at a cost of $1,425,420, does not include any additional
officers. The Cities of Centerville and Circle Pines would incur an
additional cost for the vision budget. Due to the cap, the City of Lexington
would pay the same amount in either case. Recognizing this issue and the
need for additional police officers, Lexington Mayor Dot Heifort has
indicated a willingness to revise the cap for 2002 if it means there will be
more officers on the street.
I know that the discussions on the formation of a quad-city police
department have also influenced some of your decisions. At this time, I am
asking you, for the sake of the current Centennial Lakes Police Department,
to concentrate on 2002, and the quality of police service in your cities
rather than focussing on what may be in future years. It is important for
Sept. 25, 2001
Page Two
all cities to join together on October 22nd and agree on a budget for 2002.
Thanks for your cooperation - see you on October 22nd!
Yours truly,
~1/~
Chair Karen Varian
Centennial Lakes Joint Police Commission
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c.c.: Commission