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Home My WebLink About2005-10-05 P&R Packet .......x'.:.'.... '. ..... '~~; CITY OF CENTERVILLE PARKS AND RECREATION AGENDA Wednesday, October 5,2005 - 6:30 P.M. I. CALL TO ORDER 1. Roll Call ll. SET AGENDA III. APPEARANCES IV. CONSIDERATION OF MINUTES 1. September 7,2005 Parks and Recreation Committee Meeting Minutes VI. COMMITTEE BUSINESS 1. Hiring of Ice Rink Attendants for Laurie LaMotte Memorial Park 2. Tracie McBride Memorial Park Renovation Timeline. Removal of Water Tower - Appointment of Subcommittee VII. UPDATES I. Laurie LaMotte Memorial Park Play Structure A. Council Approval of Budget Request B. $2,500 Donation from Dead Broke Saddle Club C. Request for Additional Funding from Dead Broke Saddle Club D. Requesting Donations from Local Businesses 2. Centennial Youth Hockey Association - Use of Laurie LaMotte Memorial Park Hockey Rink for the 2004-2005 Season 3. Frozen Fete des Lacs Friday Night Event of Skating, Horse Drawn Hayride & Bonfire - Update as to Dates of Car Races on Ice and the Lion's Annual Fishing Contest 4. S1. Paul Water Utility Property on Centerville Lake 5. Snowmobile Ordinance 6. Pheasant Marsh, Third Addition IX. ADJOURNMENT FYI . Rice Creek Watershed District - Rake for Lakes Sake! . Rice Creek Watershed District - "Enjoying the Outdoors" Photo Contest . Regional Park System Plans / Local Comprehensive Plans Anoka County Department of Parks & Recreation . Review Draft of Memorandum of Understanding on CSAHI4 .\ Parks & Recreation Committee Meeting Minutes September 7,2005 PARKS AND RECREATION COMMITTEE MEETING MINUTES Wednesday, September 7, 2005 - 6:30 p.m. Pursuant to due call and notice thereof, the Parks and Recreation Committee of the City of Centerville held the regularly scheduled meeting on September 7,2005, at City Hall, 1880 Main Street. Present: Chairperson Tedd Peterson Committee Member Linda Merkel Committee Member Suzanne Seeley Committee Member Kevin Amundsen Mlli)<ID~~[J@W@@] Absent: Committee Member Kathy Peil Council: Absent - City Council Work Session being held at the same time. Staff: Kim Stephan I. CALL TO ORDER 1. Roll Call Chairperson Peterson called the September 7,2005 Parks & Recreation Committee Meeting to order at 6:44 p.m. ll. SET AGENDA Chairperson Peterson requested adding the Resignation of Committee Member Wayne LeBlanc as #lA under Committee Business and a discussion of the Snowmobile Ordinance be added as #5 under Committee Business. Motion was made by Committee Member Peterson, seconded by Committee Member Seeley to set the September 7,2005 Parks & Recreation Committee Agenda with the above additions. All in favor. Motion carried unanimously. ill. APPEARANCES IV. CONSIDERA nON OF MINUTES Consideration of Aue:ust 3. 2005 Parks and Recreation Committee Meetine: Minutes 10f5 Parks & Recreation Committee Meeting Minutes September 7, 2005 Motion was made by Committee Member Seeley, seconded by Committee Member Amundsen to approve the August, 2005 Parks & Recreation Committee Meeting Minutes as is. Ayes - 2, Nays - 0, Abstain 1- Peterson. Motion Carried. v. COMMITTEE BUSINESS Oath of Office - Ms. Linda Merkel Committee Member Merkel was given the Oath of Office by Chairperson Peterson and welcomed to the Parks & Recreation Committee. Resie:nation of Committee Member Wayne LeBlanc Chairperson Peterson read Vice-Chairperson LeBlanc's resignation letter to the committee and stated that Vice-Chairperson LeBlanc did a tremendous amount of work on the committee for the City, was a huge asset and will be missed. 2006 Parks & Recreation Committee Bude:et The Parks & Recreation Committee reviewed the Parks & Recreation Funds and Budget Proposal dated August 15, 2005 which was prepared by Mr. John Meyer, Finance Director. Due to the timing of the Federal Transportation Enhancement Fund Application submittal, which Mr. Meyer also prepared, Chairperson Peterson worked with Mr. Meyer using the committee's previous budget and trail plan to prepare the Parks & Recreation Funds and Budget Proposal. The Federal Transportation Enhancement Fund Application includes links or connections to all of Parks & Recreation's proposed trails. The Parks & Recreation Committee's budget needed to be included with the grant application so the committee was not able to review it prior to submittal with the grant application. This budget shows a $68,578 deficit if all projects are completed. The committee has requested an annual funding of $25,000 from the general fund to supplement these projects. The grant applied for will require matching funds of $ 146,000 as the city contribution. This will be 25% of the entire cost. The budget was being presented to City Council at a Budget Work Session at the same time as the Parks & Recreation Committee was meeting. The committee would like to recommend to City Council approving the Parks & Recreation Committee's portion of the 2006 Budget. Motion was made by Chairperson Peterson, seconded by Committee Member Seeley to accept the 2006 Parks & Recreation Committee Budget as prepared by Mr. John Meyer on August 16, 2005 and submitted to City Council at the September 7, 2005 Budget Work Session. All in favor. Motion passed unanimously. Centennial Youth Hockey Association - Use of Laurie LaMotte Memorial Park Hockey Rink for the 2004-2005 Season Ms. Laurie Powers, Outdoor Ice Coordinator for the Centennial Youth Hockey Association (CYHA), sent a request to the committee regarding the use of Laurie LaMotte Memorial Park ice rink for the 2005-2006 hockey season. CYHA would like to use the rink for outdoor ice as they have in the past and are requesting extended dedicated hours. CYHA is also requesting the rink for dry land training starting in October, after tryouts and teams are placed, and continuing until outdoor ice is available or weather permits. CHY A used the facilities for dry land practice during the 2004-2005 season. 20f5 Parks & Recreation Committee Meeting Minutes September 7, 2005 1. The committee discussed the use of the facilities for dry land practice and agreed to the usage with the following conditions: 2. A schedule of usage, as well as a contact list of coaches responsible during the time it is being used will be provided by the association. 3. There will be no use of the facilities after 9 p.m. daily. 4. The nets will be padlocked when not in use. The key to the lights and padlock will be supplied in a lock box by Public Works. 5. The Centennial Youth Hockey Association will sign a waiver releasing the City of Centerville from any liability and will take responsibility for any damage occurring while the association is using the facilities. The following recommendation was made by the Parks & Recreation Committee at the September 7, 2005 Parks & Recreation Committee Meeting. Motion was made by Committee Member Seeley, seconded by Committee Member Amundsen to recommend to City Council approving the Centennial Youth Hockey Association's use of dry land time with the use of the park lights at Laurie LaMotte Memorial Park with the above conditions. All in Favor: Motion passed unanimously. The committee discussed the association's request for additional ice time and opted to keep the days and hours the same as in the past seasons, allowing Centerville residents access to the ice with the exception of 8:00 - 9:00 p.m. Monday through Thursday. Motion was made by Committee Member Seeley, seconded by Committee Member Amundsen to recommend to City Council approving the Centennial Youth Hockey Association's use of the hockey rink for the 2005-2006 season with a dedicated half sheet of ice from 7:00 - 8:00 p.m. and a dedicated full sheet of ice from 8:00 - 9:00 p.m. Monday through Thursday. All in Favor: Motion passed unanimously. St. Paul Water Utility ProDertv on Centerville Lake City Administrator Larson wrote the following memo to the Parks & Recreation Committee regarding the property at 1601 LaMotte Drive. At the last meeting, the City Council discussed the St. Paul Water property near Laurie LaM.otte Memorial Park. You are aware that discussion has gone back and forth about the purchase of the property and the Water Board seems to think its appraisal is better than ours. The City has looked for grant funds to buy the parcel, but has not been successful in that regard The Council passed a motion to prepare a purchase agreement to buy the St. Paul Water parcel for park use at the City's appraised value. The Purchase Agreement will be prepared by the City attorney and presented to the Council at the next meeting to authorize that it be signed and sent to the St. Paul Water Board. The purchase agreement would not have any contingencies. It is expected that the cost will be paid from park fees charged to developments. It is the Council's belief that the Park Board would concur with the decision to buy the property. If that is not the case, please provide a response before the next City Council meeting on September 14, 2005. 3of5 Parks & Recreation Committee Meeting Minutes September 7, 2005 Per the Unapproved City Council Meeting Minutes from August 24,2005: Mr. Meyer, Finance Director, suggested Council consider authorizing the City Attorney to present a purchase agreement for the City's appraised amount of$285,000 to the Water Utility. The Parks & Recreation Committee agreed with this decision to attempt to move forward with the purchase of 1601 LaMotte Drive. Snowmobile Ordinance Chairperson Peterson requested a discussion of the snowmobile ordinance be added to the agenda. The Planning & Zoning Commission held a Public Input Meeting on Tuesday, September 6, 2005 regarding the possibility of banning snowmobiles within the City of Centerville. One resident was in favor of total banning because of property damage done by snowmobiles. Approximately a dozen residents were present to talk against banning snowmobiles stating many residents had moved to Centerville because of the rural location and access to snowmobile trails. Chairperson Peterson stated there were 23 police calls in the previous 2 years per Police Chief Makela, but enforcement of the snowmobile ordinance is difficult because the Centennial Lakes Police Department does not have a snowmobile or the manpower to chase down snowmobiles that violate the ordinance. The main problems are snowmobiles are driving on private property causing damage, speeding beyond the 10 mile per hour limit and driving on church and park property which is in violation of the ordinance. Chairperson Peterson stated that what transpired at the Planning & Zoning Commission Meeting was to set up a subcommittee with residents as members to review the snowmobile ordinance and try to come up with possible solutions to the problems and then reporting back to the Planning and Zoning Commission. Mr. Tom Wilharber was present at the Planning & Zoning Meeting and as a trustee of St. Genevieve Church stated the church was considering disallowing snowmobiles riding through the church property to access Centerville Lake. This access has been an approved access in the past. The subcommittee was to discuss different options to get snowmobiles through town to trails and the lakes, as well as how to best get information to the public as to where they could and could not ride a snowmobile in the City of Centerville. Chairperson Peterson brought this information to the Parks & Recreation Committee as it was discussed at Planning & Zoning the possibility of a south snowmobile trail along the temporary dirt road from Centerville Road passing through Laurie LaMotte Memorial Park to the St. Paul Water Utility property on the lake which the City is attempting to purchase. This would give snowmobilers access to the lake. It was suggested this could be blocked off with fencing allowing snowmobiles minimal access to the property while still having a passage to the lake. On the north side of town snowmobilers do have access to Peltier Lake by following the creek to the lake. The DNR allows snowmobiles to ride waterways. A few residents complained that by snowmobiling on the creek it brought the riders close to their homes as their property abuts the creek, but the only way the City could control this would be to change the ordinance to say snowmobiles must keep a certain distance from homes, such as 30', but this would also affect the snowmobiles on the lake. Chairperson Peterson would like the committee to think about this issue as if the Snowmobile Subcommittee and the Planning & Zoning Commission recommend a trail through the parks it will need the Parks & Recreation Committee's input. VII. UPDATES Laurie LaMotte Memorial Park Plav Structure This item was discussed under the 2006 Budget. If the budget proposal is approved by City Council the committee will start work on planning a play structure for Laurie LaMotte Memorial Park for the spring of 2006. 40f5 Parks & Recreation Committee Meeting Minutes September 7, 2005 Frozen Fete des Lacs - Parks & Recreation Possiblv Takine Over Fridav Nieht Event of Skatine. Horse Drawn Havride & Bonfire The Parks & Recreation committee is willing to take over this event and discussed the pros and cons of having the event at the Anoka County Regional Park or Laurie LaMotte Memorial Park and whether to try and tie in with the Car Races on Ice or the Lion's Annual Ice Fishing Contest. Ms. Stephan explained EDC tied in with the Car Races on Ice in 2005 expecting a larger turnout of people when actually the Lion's Ice Fishing Contest drew 1,500 people to the lake in 2005 and there was minimal attendance at the Frozen Fete des Lacs events from those involved in the Car Races on Ice. The EDC had decided in 2006 to tie in with the Lion's Ice Fishing Contest as it was more of a family event. Mr. Greg Kieselhorst, Centerville Lions, has contacted the City inquiring as to the dates of Frozen Fete des Lacs 2006. Ms. Stephan will find out what the tentative dates are for both the Car Races on Ice and the Lion's Annual Fishing Contest and put this item on the next Parks & Recreation Committee Agenda for further discussion. Additional Liehts at Laurie LaMotte Memorial Park The additional lights have been installed for the pleasure rink at Laurie LaMotte Memorial Park. Committee Member Seeley inquired as to what is being done with the sign that has been damaged for Wheels Skate Park. Chairperson Peterson stated he has contacted Gator Signs to repair the sign and has ordered plexi-glass to cover the sign once it has been refinished. Federal Transportation Enhancement Fund Application This item was discussed under the 2006 Budget. Church of St. Genevieve Trail This item was discussed under the 2006 Budget. Pheasant Marsh. Phase Three - Trail This was put on the Parks & Recreation Committee Agenda to discuss the trail plan the committee had recommended to City Council in October of 2003. At this time the City Council stopped all further development with Ground Development and Pheasant Marsh pending litigation so the recommendation was tabled. Pheasant Marsh, 3rd Addition is now being discussed and the committee would like City Council to be reminded again of what the committee's recommendations were. Ms. Stephan will supply the City Administrator with the recommendation. IX. ADJOURNMENT Motion was made by Committee Member Seeley, seconded by Chairperson Peterson to adjourn the September 7, 2005 Parks & Recreation Committee Meeting at 8:00 p.m. All in favor. Motion passed unanimously. Transcribed by Kim Stephan 50f5 Part-Time Ice Rink Attendants Wanted The City of Centerville will be accepting applications for Ice Rink Attendants from November 23, 2004 through December 13, 2004. Applicants must be at least 16 years of age, work well with the public, work evenings, weekends, holidays and able to perform light maintenance duties. Starting pay is $8.50 per hour. This is a seasonal position with no benefits. Apply at Centerville City Hall 1880 Main Street Centerville, MN 55038 (651) 429-3232 or download an application packet at www.centervillemn.com The City of Centerville is an AA/EOE. Summary of Tracie McBride Survey Results (October - December 2003)* Requested improvements (in order of positive respondents): 1. Picnic Shelter with picnic tables: 8 requests 2. Picnic tables (no shelter): 6 3. Full basketball court: 5 4 - 6 (tie). Soccer field: 4 4 - 6 (tie). Volleyball court: 4 4 - 6 (tie). Horseshoe pits: 4 7. Gazebo (enclosed shelter): 2 (one respondent indicated "Acorn Park") 8-10 (tie). BBQ pit with rock skirting: 1 8-10 (tie). Raised BBQ grills: 1 8-10 (tie). Street course skate park: 1 Also requested (written in): More playground equipment: 1 Walking path / tar: 1 Recondition / upgrade playground: 1 Open field for softball, football, etc.: 1 Tennis court: 1 Most common comments: 1. No skate pit / street course skate park (various explanations offered): 5 2. No street course skate park (various explanations offered): 5 3-5 (tie). No pop / water vending machines: 1 3-5 (tie). Keep this a "toddlers / baby / young kids" park: 1 3-5 (tie). Park needs to be cleaned up and weeded: 1 *Number of respondents =11 (approximately 45 homes visited during survey) . TO: Parks & Recreation Committee Members FROM: Kim Stephan SUBJECT: Update on the Parks & Recreation Committee's Recommendations from the Regularly Scheduled September 7, 2005 Committee Meeting DATE: September 28, 2005 The following excerpt is from the September 14, 2005 City Council Meeting Minutes regarding the Parks & Recreation Committee's recommendations: IV. CONSENT AGENDA 1. City ofCenterville August 25, 2005 through September 14,2005 Claims 2. Centennial Fire District through September 6, 2005 Claims 3. Centennial Lakes Police Department Claims through September 6, 2005 4. Parks & Recreation Committee Recommendation for Centennial Youth Hockey Association Request for Use of the Hockey Rink for the 2005-2006 Season 5. Parks & Recreation Committee Recommendation to Accept Mr. Wayne LeBlanc's Resignation from the Committee 6. Parks & Recreation Committee Approval of the Proposed 2006 Parks & Recreation Portion of the Proposed 2006 Budget 7. Pay Request #7 Northdale Construction $28,814.12 Hunter's Crossing 2nd Addition Mayor Capra requested that Item 5 be removed for discussion. Motion bv Council Member Lee. seconded bv Council Member Terwav. to approve Consent Aeenda Items 1 - 4 and 6 and 7 as presented. All in favor. Motion carried unanimouslv. Mayor Capra thanked Mr. LeBlanc for his years of service to the City and reluctantly asked for a motion to accept his resignation. Motion bv Council Member Lee. seconded bv Council Member Lakso to approve Consent Aeenda Item 5 as presented. All in favor. Motion carried unanimouslv. Proposed General Fund 2006 Budget Budget Proposed 2005 2006 Budget Revenues: Property Taxes 1,700,000.00 1,809,431.00 MV Homestead Credit Cut 0.00 (84,431.00) Other Taxes & Assessments 62,850.00 84,500.00 Licenses & Permits 192,300.00 195,000.00 Building Inspection 167,500.00 168,000.00 Fines & Forfeits 52,100.00 30,000.00 Intergovernmental 106,150.00 110,000.00 Fire Relief Aid 93,250.00 95,000.00 Charges for Services 1,500.00 2,000.00 Interest Earnings 25,000.00 40,000.00 Miscellaneous Revenues 5,100.00 10,000.00 Refunds & Reimbursements 3,000.00 4,000.00 Fund Balance 0.00 0.00 Total Revenues 2,148,000.00 2,200,500.00 Expenditures: Current General Government Mayor and Council 22,700.00 23,000.00 Elections 0.00 5,000.00 Planning & Zoning 6,000.00 10,000.00 Administration 295,333.00 324,600.00 Financial Administration 16,000.00 18,000.00 Assessing 18,000.00 20,000.00 Legal 86,000.00 80,000.00 City Hall 31,100.00 38,000.00 Total General Government 475,133.00 518,600.00 Public Safety Police Protection 550,475.00 - 577,376.00 Fire Protection 187,393.00 186,0_00.00 Building Inspection 151,216.00 155,000.00 Electrical Inspection 9,000.00 g,ooO.OO Civil Defense 2,100.00 4,000.00 Animal Control 1,500.00 1,500.00 Total Public Safety 901,684.00 932,876.00 Public Works Public Works 188,427.00 170,000.00 Engineering Services 15,500.00 15,000.00 Recycling 5,000.00 5,000.00 Streets 80,000.00 80,000.00 Street Lighting 25,000.00 27,000.00 Total Public Works 313,927.00 297,000.00 9/15/2005 2:37 PM budget 2006 final 81405 Budget Proposed 2005 2006 Budget Culture and Recreation Park/Rec. Committee 2,100.00 2,500.00 Park/Rec. Programs 7,366.00 10,000.00 Park Maintenance 62,620.00 65,000.00 Total Culture and Recreation 72,086.00 77,500.00 Economic Development Economic Development 6,300.00 6,500.00 EDC - Frozen Fete Des Lacs EDC - Business Directory EDC - Business Promotion EDC - Miscellaneous Cougar Cash Total Economic Development 6,300.00 6,500.00 Unallocated Refunds & Reimbursements 0.00 0.00 City Summer Festival 19,000.00 20,000.00 Total Miscellaneous 19,000.00 20,000.00 Total Current Expenditures 1,788,130.00 1,852,476.00 Capital Outlay General Government 24,870.00 42,124.00 Public Safety 0.00 0.00 Streets and Highways 128,000.00 100,000.00 Culture and Recreation 105,000.00 25,000.00 Total Capital Outlay 257,870.00 167,124.00 TOTAL EXPENDITURES 2,046,000.00 2,019,600.00 EXCESS (DEFICIT) OF REVENUES 102,000.00 180,900.00 ..- OVER EXPENDITURES OTHER FINANCING SOURCES (USES) Operating Transfer In 0.00 0.00 - Operating Transfer Out (102,000.00) (180,900.00) GO Assessment 2000 0.00 (400.00) GO Improvement 2004B (102,000.00) (102,000.00) Joint Police Station Lease 0.00 (78,500.00) TOTAL OTHER FINANCING (102,000.00) (180,900.00) SOURCES (USES) EXCESS (DEFICIENCY) OF 0.00 0.00 REVENUE AND OTHER FINANCING SOURCES OVER EXPENDITURES AND OTHER FINANCING USES PREPARED BY: JOHN MEYER, FINANCE DIRECTOR 9/15/2005 2:37 PM budget 2006 final 81405 ..' TO: Honorable Mayor & City Council Members FROM: Kim Stephan SUBJECT: Federal Transportation Enhancement Fund Application Draft DATE: August 4, 2005 The following recommendation was made by the Parks & Recreation Committee at the August 3, 2005 regularly scheduled committee meeting. Mr. John Meyer, Finance Director, made an appearance to discuss a Federal Transportation Enhancement Fund Application Draft with the committee. The committee discussed the advantages of the sidewalk connections being proposed by the grant and the concerns that these sidewalks/trails tie in to the existing trail plan. Committee Member Peil questioned whether the outcome will line up with the trail extensions planned on the St. Genevieve property. Mr. Meyer assured the committee that the Parks & Recreation Committee's Trail Plan was reviewed when the grant application was drafted and the final outcome would eventually connect all the trails and sidewalks as proposed. Mr. Meyer did state however, that the sidewalk connection on the east side of Centerville Road from Heritage Street to the sidewalk in front of Chauncey Barett Gardens will probably not be possible due to the drainage ditch located on that property and the steep ditch involved. Committee Member Peil asked for the time frame on the grant application. Mr. Meyer stated it was due to be submitted by August 19, 2005 and would be going before City Council at the next scheduled City Council Meeting. The decision process is lengthy and it would probably be six (6) months before a decision was made by the Grant Committee. Mr. Meyer also stated that the funds would not be available until 2009. One of the issues in the City's favor is that this particular grant application connects all the trail systems, as well as the proposed County Road 14 Trails and the Regional Trail. Motion was made by Committee Member Seeley, seconded by Committee Member Peil to recommend to City Council accepting the Federal Transportation Enhancement Fund Application Draft as presented to the Parks & Recreation Committee as presented by Mr. John Meyer, Finance Director. All in favor. Motion carried unanimously. . I TO: Honorable Mayor & City Council Members FROM: Kim Stephan SUBJECT: 2006 Budget DATE: August 4, 2005 The following recommendation was made by the Parks & Recreation Committee at the August 3, 2005 regularly scheduled committee meeting. 2006 Budeet The Committee looked at previous budget information supplied by Vice-Chairperson LeBlanc and briefly discussed the modifications that will need to be made before submitting the budget to City Council. Due to the absence of Chairperson Peterson and Vice-Chairperson LeBlanc, the majority of the items need to be tabled until the full committee is present. Chairperson Peterson discussed the budget with Committee Member Peil prior to leaving on vacation and Committee Member Peil shared his input with the committee. The concern is the Parks & Recreation Committee has limited funds available to them in upcoming years with the city nearly built out and the end of Park Dedication Fees. With the possible purchase of the property at 1601 LaMotte Drive, the renovation of Tracie McBride Memorial Park when the old water tower comes down, the addition of trail connections on the St. Genevieve property, connecting the Pheasant Marsh, 3rd Addition Trail to Center Street and the desire to have a play structure at Laurie LaMotte Memorial Park, the committee feels it needs to request funds from the General Fund. The committee has not received, or requested funds from the General Fund in 4-5 years and would like to request $25,000 annually beginning in 2006. The $25,000 requested for 2006 would be used for a play structure at Laurie LaMotte Memorial Park. The proposed budget will be supplied to the City Council following the September 7, 2005 Parks & Recreation Committee Meeting. Motion was made by Committee Member Peil, seconded by Committee Member Seeley to request $25,000 from the General Fund to be transferred to the Parks & Recreation Committee on an annual basis, with the $25,000 budgeted for 2006 to be used for a play structure at Laurie LaMotte Memorial Park. The Parks & Recreation Committee will submit a final budget proposal for the September 14, 2005 City Council Meeting. All in favor. Motion carried unanimously. tervi{{e rutab{isfiecf 1857 1880 :Main Street . Centervirfe, 'JvtN 55038 (651) 429-3232 . PCl:{(651) 429-8629 September 23,2005 Mr. Mark Larson Dead Broke Saddle Club P.O. Box 441 Hugo, MN 55038 Dear Mr. Larson: On behalf of the City of Centerville and the Parks & Recreation Committee we would like to thank you for the Dead Broke Saddle Club's recent donation of $2,500 for the purpose of purchasing a play structure for Laurie LaMotte Memorial Park. Your generosity is greatly appreciated. Si..nncc~er , ;4 . ~~~~ Mr. Tedd Peterson, Chairperson, Centerville Parks and Recreation Committee ~~-- Mr. Dallas Larson, City Administrator ;:0 ;1 CD n C\) CD ~ ~ ="" 'II:: a ...... c:: U) 0' 0") .... CX) a c:: .... 0- c:: CIJ s. CD CIJ 0 CIJ s: 0 ""0 ." 0 ;:0 CD CD 0 III 0 CD m ~ 3 :::J x- III III ?:' c.. 0 CD 0 .... III 3 ., 0' Qo ro m C' ~ :::J ;:0 a rfi CD ""0 0' CD " ... CD III ., n C .... ., r a; en _ID ;0;- m m III 0 ""0 c ::!: c.. ~ ., 0 c.. "11 iii' :::J m en r 0 0 .... m 0 C ., s: 3 c 0- n 0 3 .... ::+ c CD ::;: a; CD CD CD en 0 c I ;:0 m 0 0 I ^ )> 'II:: I\) ;:0 .... 0 G) ID 0 ro Q) Cll -< m co ~ Z ~. )> ~ ~ CD (() ;:.. ~ l::l ...... ::: ~ )> -I\) Cll s: 0 0 p 0 C 0 :2 -t .-' ',' ". D. EAD BROKE SADDLE CLU.. B P.O. BOX 441 HUGO, MN 55038 PAY TO THE __ /' ..---" /"J / # ORDER OF ~ e7'-Ty ?L__ c..-~'--C-'//t'c:::- ~~~,LJ~_ ~c;/~~ / ~ / 75-683/919 3011821 DAlE 9-/7- 00- ~ 00 --. 00 0,0 ~~ ./> " t-J :::- '<> ~ .'" i::: :; '" ~ '" ~ 0""' 'f~ ~ ~ ...--..,2' ,..,. ~ 8H. ~ '1 i-o~ ~ N .:;;~ ~ ~ Co ~ l'>... ~. ~~ ~ ~ '<>~ ~~. 8947 ~$l~~~~~'::] ~-~ DOLLARS I """""''''' R_,,~E~ LA:2 ~8r~~ MEMO _I' -- - I: 0 g . gOb 8 318 I: 310 III. . 8 2 . III r- M' ~ tervi{{e 'Estab{isliecf 1857 1880 'Jv1ain Street . Centervir{e, 'Jv1:N 55038 (651) 429-3232 . iFa:t(651) 429-8629 September 29, 2005 Mr. Mark Larson Dead Broke Saddle Club P.o. Box 441 Hugo, MN 55038 Dear Mr. Larson: On behalf of the City of Centerville and the Parks & Recreation Committee we would like to thank you for your past support of our park improvements. We are planning an upgrade to Laurie LaMotte Memorial Park in 2006. This park currently does not have a play structure to compliment the skate park, ball fields and soccer fields. The project cost is approximately $45,000 and would include the purchase of equipment, base, border and volunteer labor for installation. The committee would like to request $10,000 in charitable gambling funds from your organization. While recognizing the limitations of your funding, any amount the Dead Broke Saddle Club could donate towards this purchase would be greatly appreciated Thank you in advance for your consideration of the Parks & Recreation Committee's request. If you . nave any questions or comments, please feel free to call me at City Hall, 651-429-3232. Sincerely ~ ~~~ Mr. Dallas Larson "- City Administrator CC: Mr. Tedd Peterson, Parks & Recreation Committee Chairperson tervi[[e utaMislied 1857 1880 'Main Street . Centervi((e, 'M'N 55038 (651) 429-3232 . pa;x;.(651) 429-8629 September 29,2005 Mr. Dean Keller Spring Lake Park Lions 8433 Center Drive Spring Lake Park, MN 55432 Dear Mr. Keller: On behalf of the City of Centerville and the Parks & Recreation Committee we would like to thank you for your past support of our park improvements. We are planning an upgrade to Laurie LaMotte Memorial Park in the spring of 2006. This park currently does not have a play structure to compliment the skate park, ball fields and soccer fields. The project cost is approximately $45,000 and would include the purchase of equipment, base, border and volunteer labor for installation. The committee would like to request $10,000 in charitable gambling funds from your organization. While recognizing the limitations of your funding, any amount the Spring Lake Park Lions could donate towards this purchase would be greatly appreciated Thank you in advance for your consideration of the Parks & Recreation Committee's request. If you have any questions or comments, please feel free to call me at City Hall, 651-429-3232. Sincerely, D~~ Mr. Dallas Larson . City Administrator CC: Mr. Tedd Peterson, Parks & Recreation Committee Chairperson .. TO: Parks & Recreation Committee Members FROM: Kim Stephan SUBJECT: Draft Purchase Agreement - 1601 LaMotte Drive DATE: September 26,2005 Attached is a copy of the purchase agreement submitted to the St. Paul Water Utility for 1601 LaMotte Driver The purchase agreement has been submitted and will go before the S1. Paul Water Utility's Board of Directors on Tuesday, October 11,2005. Mr. John Meyer, Finance Director and Mayor Mary Capra will be in attendance at the meeting. City Council has directed Mr. Hoeft, City Attorney, at the September 28, 2005 City Council Meeting to prepare the paperwork to begin the eminent domain process if the purchase agreement offer is not accepted The following excerpt is from the September 14, 2005 City Council Meeting Minutes regarding the Draft Purchase Agreement - 1601 LaMotte Drive. Draft Purchase Agreement - 1601 LaMotte Drive City Administrator Larson reviewed the specifics of the draft Purchase Agreement with Council noting that a $10,000 earnest money check would be sent with the Purchase Agreement. Mayor Capra asked Staff to verify the appraisal amount and make sure the correct amount is listed in the Purchase Agreement. Staff agreed to do so. Council reviewed the terms ofthe Purchase Agreement and had no objections. -- /. / ."'- :liOIll .7..511- ) MP ,~~1IiM~WlJa~~~K(f)Jm'~~._~~~ 20619 r!tQl~flgI~~ \ " " E 402-46000-500 EARNESTr.JlONEY FOR 1601 LAMOT i I - / - $0.00 i $10,000.00 '- \ "\ '" ./ \.. -~- }} \ \.. checl Total /. '. . ". . .' . .. " .' ".' ...... 2!L61q " .~~2Iex~~lmliJJ:ftlJiGi~~~r(iIrror~m!l&'({QiiF1i~~Dr~~~Qt<<i;;i10~i~ '. ." " ',.". . '. . . \ (':] "\ . $10,000.00 "\ E 402-46000-500 EARNEST MONEY FOR 1601 LAMOt ......... $O.pO $10,000.00 I ~ ~ , ! .~ ~ ~ ~ Ch~ck Total $10,000.00 FORM NO. 451 (a) Terminate tills Agreement. (b) Withhold from the Purchase Price an amount willch, in the reasonable judgment of Title Company, is sufficient to assure cure of the objections. Any amount so withheld will be placed in escrow with Title Company, pending such cure. If Seller does not cure such objections witbin ninety (90) days after such escrow is established, Buyer may then cure such objections and charge the costs of such cure (including reasonable attorney's fees) against the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title Company, and Seller agrees to pay the charges of Title Company and administer the escrow. (c) Waive the objections and proceed to close. 1.3 Taxes and Assessments. Real estate taxes due and payable in the year of Closing and special assessments certified to be paid with the real estate taxes due and payable in the year of Closing shall be prorated between Seller and Buyer as of the Date of Closing. All levied and pending special assessments as of date of Closing shall be paid by Seller. ARTICLE IT PURCHASE PRICE AND PAYMENT OF REAL PROPERTY 2.1 Purchase Price: Real Property. The total consideration to be paid by Buyer to Seller for the purchase of Seller's interest in the Real Property shall be $280,000.00. '.. ..... ....JIJ~,t~1.Iiiz~i:~~Ym~~t::8~~~6~~~e~Rri~6:..R~~!P,tgP.~tit:Jhepll~sh(l~~ piiceifor$ ~llet's'ir1ter~~~\ ~.~t..1g~g~('iLPrQPertyshallbepa1dasfollows:' ... /"~ r;(fJ ~" $ClriiestMoIl~y, lJya9heck \ % '2 ./ +1o()~D.-' ,}:~\ (b) $270,000.00 shall be paid in cash or wired funds at CIOSinJ\ ,(,?,~~},~P, '. ;,.,y.>, \'''~ c~ '\ \ ~.i ARTICLE ill ,."I;;.\).t CLOSING . '.)"'" . \\ /i' ~__ ...~:t<"',d 3.1 Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur within sixty (60) days of the date of tills Agreement (the "Closing Date"). The Closing shall take place at the office of the Buyer's attorney, or at such other place as may be agreed to. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. -2- ". PURCHASE AGREEMENT ,~~~t~f~~iSii'~lfl~~~ilrei!;~~;!i~~~S~~~~tf~&~Jf5:!' WHEREAS, the Seller is the owner of vacant land located at 1601 La Motte Road, Centerville, Minnesota, legally described on Exhibit A attached hereto, including all real property between the northwesterly extensions of the southwest and northeast lines of the property described on Parcels 1 and 2 of Exhibit A and Centerville Lake (pIN 22-31-22-41- 0002) (the "Real Property" and/or "Premises"); and WHEREAS, the Buyer desires to buy, and,.the Seller desires to sell the Real Property pursuant to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual covenants, agreements, representations and warranties contained herein, the parties hereto do hereby agree as follows: . ARTICLE I REAL PROPERTY ACQUISITION 1.1 Sale of Real Property by Seller. Subject to the terms and co.:editlons set forth in this Agreement, at the Closing, the Buyer shall purchas~ tire interest of Seller in the Real Property, together with all easements, hereditament.ana appurtenances thereunto belonging or in any way appertaining. 1.2 Title Examination. Within fifteen (15) days after the date of this Agreement, Seller, at its sole cost and expense, shall deliver to Buyer for Buyer's approval (a) a Commitment for the issuance of an ALTAowner's policy of title insurance issued by First American Title Insurance Company (the "Title Company"), certified to date and to include proper certifications for searches covering bankruptcies, state and federal tax liens, judgments, unpaid taxes, assessments. and pending assessments; or (b) an abstract of title or registered property'abstract certified by Title Company to date and to include proper certifications for searches covering bankruptcies, state and federal tax liens, judgments, unpaid taxes, assessments and pending assessments. Buyer shall be allowed fifteen (15) days after receipt of such title insurance commitment, Abstract of Title or Registered Property Abstract for examination and the making of any objections to the marketability of the title, such objections to be made in writing or deemed waived. If any objections are so made, Sellers shall be allowed sixty (60) days from receipt of notice of such objections to make title marketable. If such defects are cured within said sixty (60) day period, Buyer shall be notified in writing of the curing of the defects, in which case the Closing shall be the later of the Closing specified in Article III or ten (10) days after the notice of cure to the Buyer. If such title is not marketable and is not made so within sixty (60) days from the date of Seller's receipt of the mitten objections, Buyer will have the option to do any oithe following: (a) Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the follovving (collectively "Seller's Closing Documents") : (1) Deed. A 'Wananty Deed, in fonn reasonably satisfactory to Buyer, conveying the Real Property to Buyer, free and clear of all encumbrances, except any permitted encumbrances. (2) Title Policy. The Title Policy, or a suitably marked up COmmitment for Title Insurance initialed by the Title Company, in the form required by this Agreement. (3) Opinion of Seller's COlillsel. An opinion of Seller's counsel, dated "as of the Closing Date, in form reasonably satisfactory to Buyer, that Seller has been duly organized and is in good standing under the laws of the State of Minnesota; that Seller is duly qualified to transact business in the State of Minnesota; that Seller has the requisite power and authority to enter into and perform this Agreement, and those Seller's Closing Documents signed by it; that such documents have been duly authorized by all necessary action on the part of the Seller and dilly executed and delivered; that such documents are valid and binding obligations of Seller, enforceable in accordance with their terms. (4) Seller Resolution. A resolution by the Seller to enter into and perform this Agreement, and execute those Seller's Closing Documents signed by it; that such documents have been duly authorized by all necessary action on the part of the Seller and duly executed and delivered. (5) Seller's Affidavit. An Affidavit of Title by Seller indicating that on the Closing Date there are no outstanding, unsatisfIed judgments, tax liens or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit and/or indemnity which may be required by the Title Company to issue an Owner's Policy of Title Insurance with the standard exceptions waived. (6) IRS Form. A Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099. -3- (7) Well Certificate. A Certificate signed by Seller warranting that there are no "wells" on the Property, or if there are "wells", a Well Certificate in the form required by law. (8) Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all encumbrances. (b) Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively "Buyer's Closing Documents"): (1) Purchase Price. The Purchase Price by Buyer's check or wired funds. . , (2) Title Documents. Such affidavits of Purchaser, Certifi"cate of Real Estate Value or other documents as may be reasonably required by the Title company in order to record. the Seller's Closing Documents and issue the Title Insurance Policy required by this Agreement. ARTICLE IV PRORATIONS 4.1 Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement. (a) Title Insurance and Closing Fee. Seller will pay all costs of Title' Evidence, and the fees charged by Title Company for any escrow regarding Buyer's objections. Buyer will pay all premiums required for the issuance of an ALTA Owner's Title Insurance Policy, (unless Seller fails to provide an Abstract or Registered Property Abstract). Seller and Buyer will each pay one-half of any reasonable and customary closing fee or charge imposed by any closing agent designated by the Title Company. (b) Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. (c) Real Estate Taxes and Special Assessments. Seller will pay on or before the Closing Date, all special assessments levied, pending or constituting a lien against the Real Property as of the Closing Date including without limitation any installments of special assessments including interest payable with general real estate taxes in the year of Closing. General real estate taxes and installments of special assessments payable in all years prior to the year of Closing will be paid by Seller. General real estate -4- taxes payable in the year of Closing shall be prorated by Seller and Buyer as of the Closing Date based upon a calendar year. Seller shall pay all deferred real estate taxes or special assessments which may become payable as a result of the sale contemplated hereby. (d) Recording Costs. Seller vvill pay the costs of recording all documents necessary to place record title in the condition warranted in this Agreement. Buyer will pay the cost of recording all other documents. (e) Other Costs. All other operating costs of the Property, will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs payable before the Closing Date, and Buyer pays that part of such operating costs payable from and after the Closing Date. ARTICLE V REPRESENTATIONS AND WARRANTIES OF SELLER Seller, represents and warrants to Buyer as of the date hereof and as of the Closing that: 5.1 Authority, Approval and Enforceability. (a) The execution and delivery by the Seller of this Agreement and all documents to be executed in connection vvith the transactions contemplated hereby do not, and the performance and consummation by the Seller of the transactions contemplated by this Agreement will not, result in any conflict with, breach or violation of or default, termination, forfeiture or lien under any terms or provisions of the Seller's Articles of Incorporation or Bylaws, each as amended, or any statute, rule, regulation, judicial or governmental decree, order or judgment, agreement, lease or other instrument to which the Seller is a party. (b) This Agreement and all documents to be executed by the Seller in connection with the transactions contemplated hereby are, and upon due execution and delivery by the parties thereto will be, legal, valid and . binding obligations of the Seller, enforceable against them in accordance with their respective terms. (c) To the best knowledge of Seller, the Seller is in full compliance with all applicable federal, state, and local regulations, statutes and ordinances which regulate the use of the real estate. (d) There are no wells or septic systems on the Property. -5- ~l 5.2 Title to Assets. The Seller has good and marketable title to the Real Property, free and clear of any and all liens, easements, mortgages, claims of ownership, security interests, attachments, restrictions and other encumbrances (collectively, a "Lien"), except as disclosed in this Agreement or in any exhibit attached hereto. 5.3 Environmental. To the best of Seller's knowledge, information and belief, no toxic or hazardous substances or wastes, pollutants or contaminants (including without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil, and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 D.S.C. S 8601-9657, as amended) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Property or in the ground water thereunder. Seller has no knowledge that the Property has' ever been used for dry cleaning purposes. 5.4 Leases I Options. Seller represents that there are no leases or options to purchase the Real Property. - 5.5 Abandonment of Easement. Seller has an easement across the Real Property for a water pipe easement. Seller represents and warrants that if Seller vacates or abandons this water pipe, it shall release its easement to Buyer for no charge. This representation and warranty shall survive the closing and shall not merge into the closing documents. The representations and warranties provided above shall survive the closing for a period of one (1) year after the date of closing for the benefit of Buyer and, in the event any of the representations or warranties shall be discovered to have been materially untrue as of the Closing Date, Seller shall indemnify, defend and hold Buyer, its successors and assigns harmless with respect to any actual direct loss (including reasonable attorney's fees) resulting from any circlID1stance making any said representation or warranty materially untrue as of the Date of Closing. ARTICLE VI REPRESENTATIONS AND WARRANTIES OF BUYER Buyer represents and warrants to Seller, as of the date hereof and as of Closing, that: 6.1 No Violation. The execution and delivery by Buyer of this Agreement and all doclID1ents to be executed by Buyer in connection with the transactions contemplated hereby do not, and the performance and consummation by Buyer of the transactions contemplated by this Agreement will not, result in any conflict with, breach or violation of or default, termination or forfeiture or lien under or upon the failure to give notice or the lapse of time or both result in any conflict with, breach of violation of or default, termination, forfeiture or lien under any statute, rule, regulation, judicial or governmental decree, order or judgment, agreement, lease or other instrument to which Buyer is a party or to which Buyer's assets are subject or is likely to have a material adverse effect on the Buyer's assets. -6- 6.2 Authority. The Buyer has full power and authority to execute, deliver and perform its obligations under this Agreement and all documents to be executed by the Buyer in connection with the transaction contemplated thereby and delivery and performance has been obtained. 6.3 Enforceability. This Agreement and all documents to be executed by Buyer in connection with the transactions contemplated hereby are, and upon the due execution and delivery by the parties thereto vvill be, legal, valid and binding obligations of the Buyer enforceable against Buyer in accordance with their respective terms. ARTICLE vn CONDITIONS PRECEDENT TO OBLIGATIONS OF BUYER The obligations of Buyer to consummate the transactions contemplated by this Agreement shall be subject, at Buyer's option to waive, to the fulfillment of each ofthe following conditions on or before the dates listed below: 7.1 Condition of Title. Buyer's approval of title to the Real Property, on or before the Date of Closing. 7.2 Closing Documents; All of the closing documents shall have been executed and delivered by the Seller. 7.3 No Breach of Representations, Warranties and Covenants. No material breach of any representation, warranty or covenant of the Seller under this Agreement shall have occurred, ort or before the Date of Closing. 7.4 Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. 7.5 Approval. Subject to formal approval of this Purchase Agreement by the City Council for the City of Centerville within thirty (30) days of the date of this Purchase Agreement. If any such contingency has not been satisfied on or before the Closing Date, then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the Closing Date. Upon such termination, neither party will have any further rights or obligations regarding this Agreement or the Property, all Earnest Money will be returned to Buyer, and the parties shall execute a 'written cancellation of this Agreement. All of the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by written notice to Seller. -7- l ARTICLE VITI PURCHASER'S CONTINGENCIES 8.1 Purchaser's Contingencies. In the event any ofthe follo"Wing conditions have not been fulfilled or waived on or before thirty (30) days after the date of this Agreement, the Buyer, in its sole discretion, may terminate this Purchase Agreement by giving written notice to the Seller. lfthe Purchase Agreement is terminated, the Earnest Money shall be returned to Buyer. Failure of Purchaser to terminate the Purchase Agreement within this thirty (30) day period shall be deemed a waiver of these contingencies. (a) This Purchase Agreement is contingent upon final approval of the City Council for the City of Centerville, as determined by the City Council in its sole discretion. ARTICLE IX REAL ESTATE BROKER 9.1 Neither Buyer nor Seller has created any liability for any broker's fee or comrmSSlOn in connection with this Agreement or the consummation of the transaction contemplated hereby. Seller shall indemnify and hold harmless Buyer against and in respect of all claims, losses, liabilities and expenses (including, but not limited to, attorney's fees and court costs) which Buyer may incur on account of any claim which may be asserted against Buyer, whether or not meritorious, by any broker or any other person on the basis of any agreements made or alleged to have been made by or on behalf of Seller. Buyer shall indemnify and hold harmless Seller against and in respect of all claims, losses, liabilities and expenses (including, but not limited to, attorney's fees and court costs) which Seller may incur on account of any claim which may be asserted against Seller, whether or not meritorious, by any broker or other person on the basis of any agreements made or alleged to have been made by or on behalf of Buyer. ARTICLE X GENERAL 10.1 Survival. The respective representations, warranties, covenants, indemnities and agreements of the parties hereto~ including those made in or resulting from any certificates, instruments or ancillary documents delivered pursuant to this Agreement or in connection herewith, shall survive the Closing under this Agreement and provided in this Agreement and the transactions contemplated herein and continue in full force and effect without limitation. 10.2 Waivers. No action taken pursuant to this Agreement, including any investigation by or on behalf of either party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant or agreement contained herein and! or in any ancillary documents. -8- '\ 10.3 Binding Effect Benefits. This Agreement shall inure to the benefit of the parties hereto and shall be binding upon the parties hereto and their respective heirs, successors and assigns. Except as otherwise set forth herein, nothing in this Agreement, expressed or implied, is intended to confer on any person other than the parties hereto or their respective heirs, successors and assigns any rights, remedies, obligations, or other liabilities under or by reason of this Agreement. lOA Notices. All notices, requests, demands and other communications which are required to be or may be given under this Agreement shall be in writing and shall be deemed to have been duly given when delivered in person or transmitted by telex or facsimile or upon receipt after dispatch by certified, or registered first class mail, postage prepaid, return receipt requested, to the party to whom the same is so given or made: If to the Seller,'to: Saint Paul Regional 'vVater Services Engineering Section 1900 Rice Street St. Paul, MN 55113-6810 Attn.: Bill Tschida -- If to the Buyer, to: City of Centerville 1880 Main Street Centerville, MN 55038-9794 Attn.: Dallas Larson or to such other address as such party shall have specified by notice to the other party hereto. 10.5 Entire Agreement. This Agreement (including the exhibits hereto) supersedes all prior agreements and understandings, oral and written, including, without limitation, between the parties hereto with respect to the subject matter hereof and cannot be changed or terminated orally, and this Agreement, together with related agreements or ancillary documents related hereto executed in connection herewith, constitute the entire agreement of the parties as to the matters set forth herein and therein. 10.6 Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not be deemed to be a part of this Agreement or to affect the meaning or interpretation ofthis Agreement. 10.7 Governing Law. This Agreement shall be construed as to both validity and performance and enforced in accordance with and governed by the laws of the State of Minnesota. Any legal action relating to this Agreement shall only be brought in a district court of the State of Minnesota. -9- :.' 10.8 Severability. If any term, covenant, condition, or provision of this Agreement or the application thereof to any circumstance shall be invalid or unenforceable to any extent, the remaining terms, conditions and provisions of this Agreement shall not be affected thereby and each remaining term, covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law. If any provision of this Agreement is so broad as to be unenforceable, such provisions shall be interpreted to be only as broad as is enforceable. 10.9 Amendments. This Agreement may not be modified or changed except by an" instrument or instruments in writing signed by the Buyer and the Seller, their respective successors in interest. 10.10 Assignment. There shall be no assignment of this Agreement by Buyer without the prior written ~onsent of the Seller. 10.11 Attorneys' Fees. If a dispute arises among the parties as a result of which an action is commenced to interpret or enforce any of the terms of this Agreement, the losing or defaulting party or parties shall pay to the prevailing party or parties reasonable attorneys' fees, costs and expenses incurred in connection with prosecution or defense of such action. 10.12 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed shall constitute an original, but all of which together shall constitute one agreement. -10- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date fIrst above "Written. SELLER: SAINT PAUL REGIONAL WATER SERVICES By Its By Its BUYER: CITY OF CENTERVILLE By Its By Its -11- EXIDBIT A TO PURCHASE AGREEMENT Leeal Description Parcell: That part of Sections 22 and 23, Township 31 North, Range 22 West, Anoka County, Minnesota, lying within the following described line: Beginning at the northeast corner of said Section 22 (northwest corner of said Section 23); thence North 130 degrees 00 minutes 00 seconds East a distance of 180 feet more or less to the northerly line of Lamotte Drive; thence southwesterly along said riorthedy line a distance of 120 feet more or less; thence North 50 degrees West a distance of 180 feet more" or less; thence northeasterly a distance' of 120 feet more or less to the point of beginning. ..,- And Parcel 2: That part of Sections 22 and 23, Township 31 North, Range 22 West, Anoka County, Minnesota, lying mthin the following described line: Commencing at the northeast comer of said Section 22 (northwest comer of said Section 23); thence North 130 degrees 00 minutes 00 seconds East a distance of 180 feet more or less to the northerly line of Lamotte Drive; thence southwesterly along said northerly line a distance of 120 feet more or less to the point of beginning; thence continuing southwesterly along said northerly line of Lamotte Drive a distance of 100 feet; thence North 50 degrees West a distance of 180 feet more or less; thence northeasterly parallel with the northwesterly line of Lamotte Drive a distance of 100 feet more or less; thence North 130 degrees East a distance of 180 feet more or less to the point of beginning. And Parcel 3: All that part of Sections 22 and 23, Township 31 North, Range 22 West, Anoka County, " Minnesota, lying southeasterly of the shoreline of.Centerville Lake, and northwesterly of Parcels 1 and 2 described above and northeasterly and southwesterly of the northwesterly extensions of the southwest and northeast lines of said Parcels 1 and 2 described above. City Council 09-14-05 Summary of Meeting The Council meeting. 1. Council accepted, with regret, the resignation of Wayne LeBlanc from the Park Board. 2. Council approved pay request #7 to Northland Construction for the Hunter's Crossing 2nd Addition. 3. City Council approved the preliminary budget and tax levy for 2006. The budget will increase by about 3.5%, the levy went up about 6%, but the tax rate will drop about 5%. The budget hearing will be November 30th. 4. Council approved the Park Board budget. 5. Council approved making the applications for Corp of Engineers and Rice Creek Watershed permits for the backage road project between 20th and 21 st Avenues. 6. The Council changed its second meeting in November to November 30 at 7:00 p.m. - 7. The Council approved a resolution relating to handling of banking transactions. The finance director will be removed from check signing to comply with the internal contrQl- .' segregation of duties recommendations in the annual audit, but will be authorized to move funds between city accounts within the bank. 8. The COlillcil reviewed the correspondence from Anoka County regarding the MOD. Significant issues remain. The Council asked that we invite the County Board member from this district to the next meeting to discuss the matter. 9. A long discussion with property owners took place regarding decks and bridges in easements. The Council is willing to look at adopting a standard that will allow bridges in limited circumstances but is cool to the idea of allowing the docks. Staff will develop some guidelines for bridges and will gather the information regarding regulating st~~tures i~e~sel1.leIl~s.aIl?as,Zo~i(lt~dli~~~lityiss~e~ ~~rth~.. Il~~t.We.~tipg. ~~~'l~1~:1~Jltil}1~~li!~f~~j~~]~~~~~~rr~~~~r4f~ff~~~;~~, " 11. The-Council discussed the developer agreement for Pheasant Marsh 3 Addition. Directions were given on terms for the agreement. 12. The Council approved final payment and close-out ofthe contracts with Holte Contracting for the pond cleaning and with Dresel Contracting for the 2004 Street Improvements. 13. The Council briefly discussed a request for waiving a parking ticket from a resident. The Council declined to consider the matter. 14. The Council went into closed session to consider an offer of settlement from Royal Oaks. The offer was declined. The Wark Session. 1. The Council discussed the draft city code and requested some draft language that might provide additional regulation of dances and concerts. Due to the later hour, they deferred additional review to a work session that will follow the next regular meeting. Dallas Larson City Administrator . I TO: Parks & Recreation Committee Members FROM: Kim Stephan SUBJECT: Draft Purchase Agreement - 1601 LaMotte Drive DATE: September 26, 2005 Attached is a copy of the purchase agreement submitted to the St. Paul Water Utility for 1601 LaMotte Drive. The purchase agreement has been submitted and will go before the St. Paul Water Utility's Board of Directors on Tuesday, October 11,2005. Mr. John Meyer, Finance Director and Mayor Mary Capra will be in attendance at the meeting. City Council has directed Mr. Hoeft, City Attorney, at the September 28, 2005 City Council Meeting to prepare the paperwork to begin the eminent domain process if the purchase agreement offer is not accepted The following excerpt is from the September 14, 2005 City Council Meeting Minutes regarding the Draft Purchase Agreement - 1601 LaMotte Drive. Draft Purchase Agreement - 1601 LaMotte Drive City Administrator Larson reviewed the specifics of the draft Purchase Agreement with Council noting that a $10,000 earnest money check would be sent with the Purchase Agreement. Mayor Capra asked Staff to verify the appraisal amount and make sure the correct amount is listed in the Purchase Agreement. Staff agreed to do so. Council reviewed the terms of the Purchase Agreement and had no objections. I I I RICIE ~RIEIEK WATERSHED DISTRICT V Vcv~lNe/ Rake for Lakes' Sakel Autumn has arrived with its cool crisp nights, bright days, and falling leaves. Did you know that tree leaves are a source of phosphorus, the nutrient that turns our lakes and rivers green with algae? In natural settings, phosphorus in fallen leaves is recycled back into the soil. But in urban areas, where much of the land is covered by pavement, tree leaves that fall or are raked into the street loose phosphorus into rainwater which is carried to lakes and rivers through storm sewers. Excessive algae growth looks bad, smells bad, and is no fun to swim or boat in. Steps residents can take to reduce the runoff of phosphorus that spurs algae growth are: · Be your storm drain guardian. Rake or sweep leaves from your street and storm drains. · Compost leaves and grass clippings on location or at a community yard waste collection site. · Keep the street clean of other materials that contain phosphorus, such as grass clippings and eroded soil. . Keep shorelines vegetated More clean water tips are available at w\vw.cleanwatermn.org, a resource of Metro WaterShed Partners, a collaboration of over forty water resource organizations and agencies. RIC:E ~REEK WATERSHED DISTRI<<:T V VCV~UIe/ "Enjoying tbe Outdoors" Photo Contest! Rice Creek Watershed District is announcing the "Enjoying the Outdoors" Photo Contest! Enter as often as you'd like by submitting photos taken within the boundaries of Rice Creek Watershed District that depict the theme "Enjoying the Outdoors." Contest winners will be featured in the 2006 RCWD calendar, on the RCWD web site and in various RCWD publications. Submit your entries (either 35mm or digital photos) to: Dawn Dubats, RCWD Environmental Education Coordinator, 4325 Pheasant Ridge Dr. NE #611, Blaine, MN 55449-4539 by October 21,2005. To obtain a copy of the contest rules, check out our website: www.ricecreek.orgorcall Dawn Dubats 763.398.3078. ~ Anoka County Department of Parks and Recreation 550 Bunker Lake Boulevard NW . Andover, Mirmesota 55304 Telephone (763) 757-3920 . FAX (763) 755-0230 John K. VonDeLinde Director L'"LJ Li.E: IVE D September 26, 2005 ::oc ?J " i,.' Mr. Dallas Lorson City Administrator City of Centerville 1880 Main Street Centerville, Minnesota 55038 Dear Mr. Lorson: Re: Regional Pork System Plans I Local Comprehensive Plans In June 2005, the Metropolitan Council approved the 2030 Regional Parks Policy Plan. This is 0 newly revised and visionary park system plan for the seven county metropolitan area. The plan will be implemented by the 10 regional agencies who manage the regional pork system, which includes Anoka County. I am forwarding to you from the Metropolitan Council the enclosed "Regional Park System Statement" sheet which outlines the existing regional parks and trails in your community, and any future plans for additions or changes to the regional system that might affect your local planning process. This information comes directly from the new 2030 Regional Parks Policy Plan. As you might be aware, the Anoka County Parks and Recreation Deportment has also been revising the comprehensive county pork system plan. The plan is scheduled for County Board approval In January 2006. The county is updating its park system plan to be consistent with the Regional Park Policy Plan. To that end, the county has been working closely with the Metropolitan Council in defining future trail and park needs in Anoka County. In accordance with Section 473.864 of the Metropolitan Land Planning Act, all metropolitan area cities must review and amend their local comprehensive plans to conform to metropolitall system plans including the Metropolitan Regional Parks Policy Plan. The enclosed Park System Statement is intended to assist you in identifying and incorporating the appropriate regional park and trail plans into your comprehensive land planning process. Please tRke a moment to review the materials and forward them to the appropriate staff person in your organization. If you or yout taff has any questions, please feel free to contact me and I would be happy to assist you. My direcl line is 763.7 f .2860. Thanks for your assistance. John K. onDeLinde Director of Parks and Recreation Encl: Metropolitan Council letter Regional Park System Statement . . ~ Metropolitan Council September 14, 2005 Mr. John V onDeLinde Anoka County Parks & Recreation 550 Bunker Lake Blvd. Anoka, MN 55304 Re: Regional Park System Statements Dear Mr. VonDeLinde: Section 473.864 of the Metropolitan Land Planning Act requires all metropolitan-area cities to review, and if necessary, amend their entire local comprehensive plans and fiscal devices and official controls at least once every ten years to ensure local plans and official controls conform to metropolitan system plans. Enclosed for your information are copies of the regional park system statements of the applicable cities, townships and county that are within the jurisdiction of your park agency. Please note that the final boundary ofa park unit or alignment for a trail unit will be determined through the preparation and adoption of a master plan for that unit, in cases where park system units are proposed to be expanded through boundary adjustments, or ne\\' park/trail units do not yet have a master plan. Local governments are asked to \\lork \\lith YOll in the master planning process, and in turn reflect the park/trail unit master plan as appropriate in their local comprehensive plan. If you have any questions about the regional park system statements, please contact Ame Stefferud, at 651-602-1360. Sincerely, Ot~l~'t t~~~Lr Mark Vander Schaaf Director Planning and Growth Management www.metrocouncil.org Metro Info Line 602-1888 U\UINIJ~~d~~~iftl; S~~~ I ~ S~~;~I~k.1i~~~~~t~'55Ifol~IL626L ~."Y651) 60tlOtO~JCFax 602-1550 . TTY 29Hl904 An Equal Opportunity Employer Regional Parks System Statement City of Centerville Key Changes in the Plan The 2030 Regional Parks Policy Plan adopted by the Metropolitan Council in June 2005 is the metropolitan system plan for regional recreation open space with which local comprehensive plans must conform. This system statement summarizes significant elements of the metropolitan system plan and highlights those elements that apply specifically to your community. In addition to reviewing this system statement, your community should consult the entire 2030 Regional Parks Policy Plan, the 2030 Regional Development Framelt'ork and other pertinent regional planning and policy documents to ensure your community's local comprehensive plan and plan amendments conform to the metropolitan system plans. A PDF file of the entire 2030 Regional Parks Policy Plan, the 2030 Regional Development Framework, the Local Planning Handbook and other regional planning and policy documents of the Metropolitan Council are available online at the Metropolitan Council's website: http:/'\v\vw.metrocouncil,org/planningifrumc\vork/timeline.htm, To meet the needs of the region in 2030, the 2030 RCRional Parks Policy Plan includes the following changes to the current regional parks system. ./ Designate two existing county parks and three trails as "regional." · In Washin!,rton County, Pine Point Park · In Ramsey County, Tony Schmidt Park · In Ramsey County/St. Paul, three regional trails - Trout Brook, Summit Avenue, and Lexington Parkway ./ Acquire and develop three new parks. Search areas include: · Northwestern Anoka County · Empire Township in Dakota County. Please note that the Metropolitan Council approved a park master plan and a boundary for the park has been established. · Blakeley Township in Scott County ./ Acquire and develop seven new trails. Search areas include: · The Crow River, in Carver County and Three Rivers Park District · Both a north/south and an east/west trail traversing Dakota County · An east/west trail traversing Scott County · In Three Rivers Park District, a trail connecting parts of Baker Park Reserve; a trail connecting Baker and Crow-Hassan Park Reserves; and a trail connecting Crow-Hassan and Elm Creek Park Reserves ./ Acquire land within the current boundaries of 30 existing parks and four trails. P-I ./ Acquire natural-resource lands adjacent to six existing parks and six existing trails. To meet the needs of the region beyond 2030, the Council proposes four new regional parks or reserves and three new trails be acquired. These parks and trails would not be developed until after 2030, but the opportunity to acquire them will likely be lost if the lands aren't identified and purchased before 2030. The goal is to complete the acquisition of the regional park system and secure opportunities for future generations. Search areas include: ./ Parks - Miller Lake area and Minnesota River Bluff and Ravines in Carver County; southwestern Dakota County; and Cedar Lake area in Scott County. ./ Trails - northwestern Anoka County; central to south Carver County; and Minnesota River to Spring Lake in Scott County. P-2 Figure 1: All additions and changes to Regional Park System Plan Figure 1. Regional Paries System Statement July 2005 2030 Regional Parks Policy Plan ] I --r I , .... ) " ~tf=t~k. \~--,"-- "''1' . I ' \ 71"' :. i ( : "", I ..,; , ,;,j::J..'\, ( ," I 'I '.. ';;~-~-'~j' \ .-'-'''-;''':'~T / ':~n.~""'o'~ f ..., 1i f.' .. 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S..,ch A'''. ..~ {-- , j ~:=~:_==-==J R~ Pari< SeMCh A.... . ReQional Trail S..ch Contdor!l . Bou>dary A~""" BoLndary AdIuS,mort Parks and Pr..erves Feder OIl Land p,.i\late No......PloM Roglona' State Land L>>es and Majof Rj\lefS 2020 MUSA o () . Rocogntoon 0' Rogoonal Status Rtcognltion 01 R.gionaI Stalus New Unit Rovi-al Tral" Exisling Plamod Proposed SIal. E'lsdrq . ~ilrcfl il/to..1S O"UksJ aod (~mid("s malls) i'lS ShuWrl al9 (VI /liannJlHJ pillp(J...~S 011/)' and Jle 001 itKPcahve 01 SfJf!C1Iic proposp(J par/( (JIJtUIl:J,i)H@SOt r'd" .lJIqlllUfitflts NtwlJnll ~Iing tho Syslem Cofr1>Iobng tho S.....m A..A.... Mdrop(JU..~\\'. CQuncII ........ ..... .__m._ ........ P-3 l. Regional Park System Plan Considerations Affecting Your Community Regional parks and trails in your community The following regional parks and trails within Centerville as contained in the adopted 2030 Regional Parks Po!ic:v Plan are listed below. Table 1: Regional Park System Units in Centerville Regional Park System Unit Master plan boundary of Master plan boundary is not Name unit is set. Comprehensive set. Comprehensive plan plan should acknowledge should acknowledge general boundary location with final boundary or alignment subject to park or trail master plan Rice Creek Chain of Lakes X Regional Park Reserve Central Anoka Count Regional X Trail Rice Creek Chain of Lakes - X Bald Eagle Regional Trail Rice Creek Chain of Lake Regional Park Resene - This unit has an approved master plan. A portion of the Park Reserve is located in the eastern part of the city. The park's boundary as shown in Figure 2 should be acknowledged in the city's comprehensive plan. John Von De Linde, Anoka County Parks Director, can be contacted for further information at 763-767-2860. Central Anoka County Regional Trail- This trail is an east-west trail that is located in the central part of the county. In CenterviIle it will connect Rice Creek Chain of Lakes on the west with the Hardwood Creek Regional Trail in Washington Counthy to the east. A general alignment of the trail as shown in Figure 2 should be acknowledged in the city's comprehensive plan. John Van De Linde, Anoka County Parks Director, can be contacted for further information at 763-767-2860. Rice Creek Chain of Lakes - Bald Eagle Regional Trail- This trail will connect these two Regional Park System Units. A general alignment of the trail as shown in Figure 2 should be acknowledged in the city's comprehensive plan. John Van De Linde, Anoka County Parks Director, can be contacted for further information at 763-767-2860. Figure 2 shows the location of all parks and trails listed above in Centerville, plus any parks and trails adjacent to the city's border. P-4 Figure 2: Map of Centerville with Regional Park System units in the city and adjacent to the city Figure 2. Regional Parks System Statement Map Centerville July 2005 AA...4 Mi:h'opolita n Council ........ ... .---..,...-..-, """'. ....-_. ........ .'?f,,'Y[p ~~i~~'!ij;_r .- ~'::'--, ';..;; ;f: A .;~.I:;..~--;.--~;i;;O~.t~;'.2~.~~.\,;- ..____.._n_.._.._..____.._n_.._.._n_.._.._..____.._.,_.._..-"---1 -~-~~", \ ?!-:,' ." .' , ..-,. '.' , .. '. ! ~~ ! 1 ! 'j i , L.__'_"_"_"_'.__._.._n____..__._.._.._.._.._.._ i.._.._.._n_.. : I I : : I I : : I I : : 1 I Cellterville Contral AIlaka CO<inry ; . I ! i i i i i i ~-:.r"",,'''-.1(' ! ! i ! ! \ I i -- .-..-.. - ..-.- -..----.--, ! i i L_ _. _.._.. _..__._.._' - _ .._.._.._ .._.._~ < j i i i ;;:: L. L k RIce C/."" CIWn otL,"..es ~;--~ , 1110 a cs-_ -~ ; " ~r ~-J i ., iI'!_,,;,<;~ -3 05 15 ~ tM.s ROG09!*>n 01 Regoonal 5bIv.l Netwl..Inlt Parts and PrHefVH Federal Und Private f~rolll Regionel St.;:at. Lard Locol and CouRy Land Wetlonds <I-MII) lak." 3M Maioi' Riv~'i MInor Fbvers and Str&.1rm. Trot.C Streams _\ ,- ~ Park Search Ar.as . Re90naI Tr.' S..ch Corridors a o o ~.'."."..,' \.JiI I!wndary ~~'" Bomd;u'j A~tmeft R~ 01 Regional 51..... NewUnili Co~!he S".lem R.gionoI Trails EXl'Shng P1amed P'lopo~ State Existing 2020 MUSA TLG Stteet Conlerines (20051 . Completing !he Syslotm . SHJfCh tJrNS (parks) iJnd comcbrs l"illlSf as .sttoMJ 8/'V for plamung pu'1JOSf!JS Of/It alld ar9 not pdlcatttw or sPf"CdIc P'OfX)~/ p.att boundm.s Of rutll aJrgnmeonts PropoSJfld bOllnG/trl"s witt/in Pelf1t SJAlrr;h ~ P8'0dfn.g me*'r plan epprovllllllre !Jig~iIl/hf<od '" )'fHIoW P-5 . I TO: Parks & Recreation Committee Members FROM: Kim Stephan SUBJECT: Review Draft of Memorandum of Understanding on CSAH 14 DATE: September 26,2005 Attached is correspondence from the City Council Packet concerning the Memorandum of UnderstandinglCSAH14. This is an FYI to the Parks & Recreation Committee as trails are discussed. The following excerpt is from the September 14, 2005 City Council Meeting Minutes with City Council's response. City Administrator Larson and Council discussed the County's response to the draft MOU and Council agreed Members are not ready to sign at this time. Mayor Capra indicated that she does not agree that the City should pay more due to increased costs through the County Park. Dallas Larson From: Sent: To: Cc: Subject: Doug Fischer [Doug.Fischer@co.anoka.mn.us] Wednesday, September 14, 2005 3:59 PM DLarson@Centervillemn.com John VonDeLinde; Lyndon Robjent; Rhonda Sivarajah Re: MOU The "subject to negotiation with affected property owners" refers to that when we have excess property from a total buyout that is surrounded or adjacent to a parcel that we also need to buy property from, we many times perform an "equal exchange". This is a common practice and we're actually doing this now on the 14 project in Lino Lakes on the other side of the interchange. If you need a definitive answer on the crosswalk today, the answer is "No" there will be not be any other crosswalks other than at Centerville Road and 20th Avenue. We will, how~ver, as a part of final design evaluate any other intersectio0s the city wants to . consider, but short of performing that analysis, the answer is "No". I do not have any resources to commit to this effort outside of consultants to perform this analysis at this time. Because the cost of the entire project has risen substantially and the federal funds are fixed, every entity in the project that would qualify for federal funds now has a higher local share. The county's cost in this project is becoming very substantial as well for all of the other items in this project and we are concerned about our ability to fund our share of the project. I've left a voicemail message for John VonDeLinde our Parks Director, but don't anticipate that they have any funds budgeted for participation in this proj ect . I will let you know if I hear anything differently. Douglas W. Fischer, P.E. County Engineer' Anoka County Highway Department 1440 Bunker Lake Boulevard NW Andover, MN 55304 Phone: Fax: E-mail: 763-862-4213 763-862-4201 doug.fischer@co.anoka.mn.us >>> "Dallas Larson" <DLarson@Centervillemn.com> 09/09/2005 3:55 PM >>> Doug & Lyndon: I have reviewed your letter and noticed that you slipped in an additional condition on the transfer of property. You now include: "subject to negotiation with affected property owners." This isn't going to be acceptable. You need to give us a definite answer on the crosswalk issue. As I said at the meeting, if you can figure out what is needed for a new interchange that will not be constructed for years, you certainly should be able to determine now if a crosswalk can be included. This is an important issue. The cost of the trail is substantial. It may be that the Council will decide it is unaffordable at this time and will ask to remove it from the plan. Originally the cost to Centerville would have been 20%, now it is almost 55%. This trail connects to Hugo and Lino Lakes and should be part of the regional trail system. The best solution may be for the County Park Department to fund this cost and get reimbursed from Metro Trail grants. 1 I plan to review all of the issues related to the MOD with the Council next Wednesday. If you have any additional information or suggestions, please let me know before the end of the day on Wednesday. Thanks. Dallas Larson, Administrator City of Centerville 651-429-3232 2 COUNTY OF ANOKA Public Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304-4005 (763) 862-4200 FAX (763) 862-4201 September 8, 2005 Mr. Dallas Larson Administrator City of Centerville 1880 Main Street Centerville, MN 55038 Dear Mr. Larson: This letter is in response to your letter dated August 10, 2005 that pertained to questions on the revised Memorandum of Understanding (MOU) that I forwarded to you on July 29,2005. With regards to right-of-way issues, we would define the term "uneconomic remnant" to be a parcel of land that is not large enough to be buildable under current zoning regulations. For example, if we need to purchase an entire parcel even though our highway right-of-way needs are only across a portion of the property, we will keep the portion of the property we need for highway purposes and dispose of the excess portion. Generally, ifthe excess portion is so small that no reasonable building could be constructed on it under zoning regulations, then this excess property will be conveyed to the City subject to specific negotiations with affected property owners. If the excess portion of the property is large enough for a reasonable building improvement, then Anoka County will remarket the property. In this case, we would offer the City the rights to buy this property at appraised market value before we offer this to the public. The second paragraph under the "Traffic Signals" section of the MOU has been revised to show that the intersection of 21 st Avenue with CSAH 14 will operate as a "% -access" intersection until such time that a new interchange at I-35E is constructed. The % -access will allow both left and right turning movements from CSAH 14 onto 21 st Avenue in both directions. Turning movements for both southbound and northbound 21 st Avenue onto CSAH 14 will be limited to right-out only. Upon the construction of a new or partially new interchange at I-35E, the access at CSAH 14/21 st Avenue will be limited to right-inlright-out only. Determining whether or not the County would participate in a backage road between 20th and 21 st Avenues can only be determined during final design of our project and after an analysis of the construction staging for CSAH 14 has been completed. If there are cost savings to the Affirmative Action I Equal Opportunity Employer ivir. Dallas Larson September 8, 2005 Page 2 County by having the backage road available for traffic, we would consider applying a portion of these savings to the City's cost in constructing the backage road. Because we have not yet begun the final design on the construction staging plan, we cannot commit to any actual financial contributions at this time. As shown on the enclosed layout, the medians on 20th Avenue will extend past the property located at #7129 north of CSAH 14 and just short of the entrance located at #7091-7097 south of CSAH 14 as a part of this proj ect. While these are the extents of the medians under this particular project, it should be noted that these medians are very likely to be extended with future improvements to CSAH 21 or CR 54. While the MnJDOT Traffic Engineering Manual and the Minnesota Manual of Uniform Traffic Control Devices (MnMUTCD) are explicit in how crosswalk signage and pavement markings are to be installed, there is little direct guidance provided on the placement of crosswalks at locations other than controlled intersections (signalized or all-way stop) or at school zones. It is my understanding that the City is requesting crosswalks at locations other then Centerville Road and 20th Avenue. Crosswalk placement needs to be based on good engineering judgment after considering pedestrian volume and generating sites, roadway speed limits, and capacity/gap study analysis. The evaluation of potential crosswalks that the City would like to consider will be done as a part of our final design process. The County was not under the assumption that your enhancement grant application was for urban appurtenances such as street lighting, landscaping, etc. With regards to funding the trail itself, the County has offered to municipalities where trails have been funded by the city as a part of the highway construction project, is to apply for Met Council Trail funds, and ifreceived, to reimburse the city for their actual costs. Again the city would pay for the initial cost of construction, but could be repaid at an undefined later date if funds became available. We would agree to apply for these funds. This project is escalating into a very expensive project and we are not extending side- street limits any further than necessary to provide reasonable termini. Therefore, we would extend construction on Centerville Road only at 100% City's cost. This is consistent with recent projects in other communities. Enclosed, please find the following attached items: · Plan Layout "Exhibit A" dated July 29,2005 . Flap "A" Interchange Layout dated July 29,2005 · Estimate of Cost "Exhibit C" · Standard Cost Sharing Policy "Exhibit DOl Mr. Dallas Larson September 2, 2005 Page] I hope this response adequately addresses your questions. Please let me know when the City Council is planning to take action on this MOD and if you would like me or any County Board members to be there. Thank you for your patience in waiting for my reply to your questions. lfyou have any other concerns, please let me know. Doug sW. Fischer,P.E. 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"'''' ;:: ?< \,: CD .. '" '" '" 0 ,.(1) ..~ JOY' '" " I~ "'''' "'~ l~ ~I m '" ~ -'0 '" .. '" .. .. .. '" .. .. "' -' 00 0 0 0 0 0 0 0 0 0 0 0 a~ ~~ o~ ~.Q. ~~ J!!~ DJ~ t B ~ [ ~ ~ 1l " i:! " ~ o CIl ~ ~::r (J)z..... "tIO",," m o ~ I >< ~~, ::r chow iii ......OCll - f'c::E -I ~Z-l 0 """~O W Cll m o ~ ~ BOARD OF- WATER COMMISSIONERS President: Patrick Harris + Vue President: John Zanmiller Commissioners: Matt Anfang + Bob Cardinal + Gregory KJeindI + Debbie Montgomery + Dave Thune September 30, 2005 Mr. John Meyer, Finance Director City of Centerville 1880 Main Street Centerville, Minnesota 55038 Re: City of CentervilIe proposed purchase of Board of Water Commissioners property at 160 1 Lamotte Drive Dear Mr. Meyer: On September 23,2005, you delivered a proposed Purchase Agreement (Centerville PA) along with an earnest money check in the amount of $10,000 to Mr. Bill Tschida. The Board of Water Commissioners (Board) did not, however, offer the property on the terms reflected in Centerville's P A. It does not reflect the results of the meetings and negotiations that have taken place over the past year. I have discussed the situation with Mr. Tschida and with the Board's attorney, and determined that we will not be able to accept the earnest money, which is enclosed and returned to you herewith, nor present this Centerville P A to the Board. The fundamental flaws- in the Centerville P A are: 1) The purchase price is not what the Board offered. Centerville's PA sets forth a purchase price of $280,000. Centerville appeared before the Board on May 10, 2005 to request that the Board lower its price from $322,000 to $280,000_ The Board made it clear to Centerville that the asking price would remain the same, but that a closing date and payment schedules could be negotiated. Centerville's P A fails to reflect the Board's offer. 2) The required Ponding Easement and Raw Water Conduit Easement, which were set forth in the Board's Purchase Agreement (Board PA) that was sent to Teresa Bender on July 24, 2004, and then discussed, revised to reflect modifications to the required easements, and agreed to by Centerville's attorney at a meeting on January 18,2005, are not included in Centerville's PA. SAINT PAUL REGIONAL WATER SERVICES Stephen P. Schneider, General Manager 1900 Rice St. Saint Paul MN 55113-6810 . TrY: 651-266-6299 Saint Paul Regional Water Services provides quality water services to the following cities: Arden Hills.Falcon Heights.Lauderdale.Little Canada-Maplewood.Mendota-Mendota Heights.Roseville.Saint Paul.West SI. Paul AA-ADA-EEO Employer ,=, @ printed on recycled paper ~ II. Mr. John Meyer September 30,2005 Page 2 3) Centerville's PA specifies the delivery of a Warranty Deed at closing. The Board delivers only Quit Claim Deeds in any and all real estate transactions, and this term was also set forth in the Board's PA. After Mr. Tschida sent a proposed PAin July 2004, he and the Board's attorney met with Centerville's attorney in January of 2005 to negotiate the terms of the Board's PA. Though Centerville chose not to attend the meeting, its attorney Jim Hoeft had the opportunity to raise any issues Centerville might have with the Board's PA. This he did, and since that time neither Centerville nor Mr. Hoeft indicated there might be any additional outstanding terms to negotiate. Then, whenCenterville appeared at the May 10, 2005 Board meeting, the only issue it raised was the purchase price. The Board made its position on that price very clear, but agreed to allow Centerville an additional six months to secure financing and execute a purchase agreement. The six-month extension has not expired, so this letter comes to reiterate that the Board is willing and available to discuss and negotiate payment plan options and terms of the Board's P A. The deadline does not expire until November 8, 2005, and ifCenterville wishes to discuss these matters, please have the appropriate Centerville staff contact Mr. Tschida as soon as possible to complete such negotiations. Sincerely, Stephen P. Schneider General Manager WLT/L V /jml Enclosure: Earnest money check cc: Bill Tschida, SPRWS Pat Harris, President - Board of Watcr Commissioners Lisa Veith, Assistant City Attorney . ,;:;.:".':.-' ;-:~~~..st~.~n>.t.;:~..-,~..... n. .,. -'ffl.~7-'-1~_ -J ""~.'.d~ ,,::.~';::'i::,:;.;::... ..~ _ '. ,,'-..', '.<:;: . 'U'\:\J,:~",<,,'~;;-" ":"'<-,:::,'i'\:O:I~;b~6~~TERVj[L~',:;:;'-':,_~,- '., ; " '.:,'::':-"'1880MAINSTREET,"'. ,'., , .' ".,' ......._.. t::~ER.VILLE.MN55:O'S~:::: ,-' , ~:loi r, 'E ;,.... ;:':~~i~~:~i~~~~"SANK" .."7.11-1. ,21ST AVE. N, ,'. .,. '.' ;,<!~~~f~~1c~E;~N!?,50~."'" ":-:"--" :.' """ ':"-.' ",' . ...., DATE : 9/1 $/~005 -." -~ . . . TenYf1ous8n.d Dol/a,rs and 0 Cents' ',$10,000:00 . -. ...... .' . . . - . . ." ..... . ., ...'. ". . . <.PAY .... "$T.PAUL REGIONAL WATER SERVIC' . TO THE .' ORDER. OF, _ . . " ~ J . .';;L<c:_~ ,:);,;'}. -',':'JTg~fu."'6".:.-t?9.',' <:; :-'<7s-easIc" ",919:.'." .. ,....-, .,.\: ..:;.. AMOUNT .11-0,01;1.'111- 1:0'11.'10b8381: 3011I1.11.1.511- ~lJ:.... MAYOR CITY RATOR / _,:"~~.,n_.__._.=.:.:~:,_;;:.;:::._'_........_.___._~__.;u:;::;~"~;,,::,;,,:~~~"~~~,.;"'__"~ MP "--"'~-'-'-''''-- - ~i'~~l"~,' ~ i . E 402-46000-500 EARNEST MONEY FOR 1601 LAMOT l ! ~ ; r L:l!Y.. CITY OF CENTERVILLE CENTERVILLE. MN 55038 5t'~jP,~lJd~iRY~t ~. - ~ ~ . ~ ., . l , " t I ~ ~ ~ ~ " ~ , f/ ~ g : ! $10,000.00 i ~ ~ ; ! 1 ~ , t ~ i\ i ~ I . !; i i . ~ ~ ~ ~ ~ ~ RECEIVED ~.~~s Saint Paul Regio Wat'r Services Engineering Division OffICe f; f ~ ~ I , I ~ , C~T~I ~ , ~ , , l j ~ , i ~ ~ ~ '. > \ J" 20619 ~~lC~~~!r;>.~ $0.00 ~. $10,000.00 ~ . i i . I t ~ ~ '. i 1 ~ I * -1------ t $10,000.00 << ~ ib:'Xf;~JN~;;~~~T~"'" ~~~~~2mm!~~liS~~_1#i~Y~~ . . ~ :: . . ~. ~. ~ ~ ~ ~ f' , l j ~ " ~ t ~ ~ '. ~ , $~O,ooo.oo ~ j E 402-46000-500 EARNEST MONEY FOR 1601 lAMOT i' $o.oo! $10,000,00 "I " f ~ Check Total FORM NO_ 451 $10,000.00 -- " County Fund # Internal Fund#312 Project 2004 Street Project Project No.: Parcel: 23-31-22-32-0011 Street Address: 1601 laMotte Drive Owner: City of St. Paul Interest Start Date: Repayment Period (years): Interest Rate: Assessments: Street Project ASSESSMENT SCHEDULE Constant Annual Payment Method Lot Block: Addition: December 31,2004 15 6.40% Unit Measure LS SCHEDULED PRINCIPAL INTEREST PRINCIPAL No, YEAR PAYMENT PAYMENT PAYMENT REMAINING ) 1 2005 $2,370.51 $934.80 $1,435.71 $21,498.21 2 2006 $2,370.51 $994.62 $1,375.89 $20,503.59 3 2007 $2,370.51 $1,058.28 $1,312.23 $19,445.31 4 2008 $2,370.51 $1,126.01 $1,244.50 $18,319.30 5 2009 $2,370.51 $1,198.07 $1,172.44 $17,121.22 6 2010 $2,370.51 $1,274.75 $1,095.76 $15,846.47 7 2011 $2,370.51 $1,356.34 $1,014.17 $14,490.14 8 2012 $2,370.51 $1,443.14 $927.37 $13,047.00 9 2013 $2,370.51 $1,535.50 $835.01 $11,511.49 10 2014 $2,370.51 $1,633.77 $736.74 $9,877.72 11 2015 $2,370.51 $1,738.34 $632.17 $8,139.39 12 2016 $2,370.51 $1,849.59 $520.92 $6,289.80 13 2017 $2,370.51 $1,967.96 $402.55 $4,321.83 14 2018 $2,370.51 $2,093.91 $276.60 $2,227.92 15 2019 $2,370.51 $2,227.92 $142.59 $0.00 $22,433.01 $13,124.63 $35,557.64 Total Scheduled Payment End Construction: Assessment Start Date: Pre-assessment Interest Due $119.01 Assessment Unit Price Amount $22,314.00 $22,433.01 :a: .- ::: .- // Fax Memo From: Dave Phipps, Circle Pines Park Superintendent (763-785-2859) Linda Pitchford, Lexington Assistant City Manager (763.785-6951) Kim StephanfTedd Peterson, Chairman Park & Recreation (-651-.A?Q~29) :?..?~- :<:3 9~ To: Laurie Powers, CYHA Outdoor Ice Coordinator Date: October 4. 2005 Re: Dry Land Practice Scheduling Memo Dear. Dave, Linda, Kim and Tedd, Attached you will find a copy of the "Dry Land Practice Scheduling Memo>> that was given to all Centennial Youth Hockey Association (CYHA) coaches, committee members and board members on October 3,2005. Please review thelnfonnatlon "As Soon As Possible", and contact me with any changes/addttloM, .5 appropriate. If you have any questions, I can be reached at #651-407-9557 or Qlenlayriepowers@comcast.net. Thanks for your help_ (Please make sure the lock boxes and parks are available. A phone call indicating the park is ready and available and the lock box combo would be most appreciated.) I will send coaches names with numbers and scheduling as soon as the try-out process is complete. which should be by the end of the week for all teams but Initiation/Mini-MitesJU8 girls. Linda, I look forward to hearing from you directly after you October city council meeting. Th.nk you. Laurie . (attach - 2 pgs.) September 15, 2005 The foJJowing waiver js in regards to the use of the Laurie LaMotte Memorial Park ice rink and access to the utility room for the purpose of using the rink lights- The Centennial Youth Hockey Association (CYHA) will take aU responsibility for any damages which may occur to the above mentioned property andior equipment during the scheduled usage. The coach responsible for each designated time period will ensure the lights are off and the building and nets are secure. The City of CenterviIle requests the CYHA notice the city at the termination of the dry land portion of time so a walk through can be done and both parties will agree on the condition of the property at the end of the usage. The CYHA will provide a schedule of use and a list of coaches using the property to the city before use begins. O.li._~ - Mr. Dallas Larson ~)mini'lr.lor. ~j~_~f CenleIVille ~~l~\'J .,~;t\ /-l.f.J Centennial Youth Hockey ,Association /" ,.... k Association Centennial Youth Hoc ey To: All CYHA 2005~2006 Coaches from: Laurie powers. Outdoor Ice Coordinator Date: October 3,2005 Re: Dryland Practice Scheduling Memo CC~ Dave Phipps, Circle Pines Park super Tedd Peterson & l<im Stephan, Centerville Linda Pitchford, Lexington Assist. City Mgr. Dear Coaches, CYHA h elved pennl55ion to use the paved "ice" rinks at Inner Park in Circle Pines a.nd Lau~~ ~Motte Memorial Park In Centervl!le. (Lexington Memorial Park In Lexington will not be available for dry land practices until after October 8, 2005.) Coaches Interested In scheduling time should note the following: Contact me, Laurie Powers, at #651-407--9557 to set up practice time. If I am not available, leave a voice mall message and I will call you back to confirm dates and times. Rules for Inner Park, Circle Pines: 1, The keys for the shelter building at Inner Park (2 keys) are kept In a lock box found on the shetter door handle. The combo will be given to you when you contact me to schedule practice times. 2. At Inner Park, it is the coach's responsibility to tum rink lights off by 9:00 p.m., secum the building (entrance and restroom doors) and return the keys to the lock box when done. Rules for Laurie Lamotte Memorial Park, Centerville: 1. The keys for the shelter building at Laurie Lamotte Memorial Park (2 keys) are kept in a lock box around the shelter door handle. The combo will be given to you when you Contact me to schedule practice times. 2. At Lamotte park, It Is the coach's responsibility to turn the rink lights off by 9:00 p.m., secure the buildIng (access to light room only), and chain the nets to the hockey boards. Return keys to the lock box when done. Rules for Lexington Memorial Pa.rI<, Lexington: 1. The key for the shelter building at Lexington Memorial Park is kept in a lock box found on the shelter door handle. The combo will be given to you when you contact me to schedule practice times. 2. At LexIngton memorial Park, the lights are automatic. . make sure the building Is secure and the key Is returned to the lock box when done. 3_ The nets at Lexington Memorial Park can be found in the shetter. For security reasons, please return them to the shelter when practice Is done. We all need to do our part to keep the rinks clean and usable. If you arrive for practice and the rink needs Cleaning and/or BW8eplng, please take a few minutes to do this. If we all help out, the rinks will be In great shape for everyone. (OVER FOR SCHEDULING GUIDELINES) SCHEDULING GUIDELINES: . The hours available at each rink are one hour time blocks Monday - Friday from 5-9 p.m. (5, 6, 7, & 8 p.m.), and two hour time blocks all day on Saturday and Sunday. . Lights at Inner Park and Laurie LaMotte Park MUST BE turned off by 9:00 p.m.. If this is not adhered to, Circle Pines and Centerville will revoke the use of lights at the parks. · Each team may schedule a maximum of two weekday hours and four weekend hours per week between now and November 30th, or whenever outdoor ice is available. If you want to pick up additional hours (more than the weekly maximum), you may call me starting the Friday the week before the date(s) you want to add. · Monthlv I will post the upcoming month's schedule (Oct, Nov, Dee) in the shelter buildings so you can verify your scheduled time and pick up additional hours as available. Contact me regarding dates you would like to add/change. I will update the schedules and post new ones as necessary. COACHES, dry land practices MUST BE SCHEDULED by contact me. Changes directly to the schedule at the park location are no longer permitted. For liability reasons, the parks need a contact name and phone number before you are allowed to use the -facility. DO NOT use the park if it appears available, without calling me firstlJ Thanks for your cooperation!