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Home My WebLink About2005-10-26 CC Packet tervi{{e 'EstaEiisfted 1857 CITY COUNCIL WORK SESSION & MEETING Wednesday, October 26, 2005 6:30 P.M. Set Agenda = Red Work Session will follow the Regularly Scheduled Meeting COUNCIL MEETING L CALL TO ORDER 1. Roll Call n. APPROVAL OF AGENDA m. APPROVAL OF COUNCIL MINUTES 1. October 12, 2005 City Council Meeting Minutes (page 1 -12) 2. October 12, 2005 City Council Closed Work Session Meeting Minutes (Page 13) 3. October 24,2005 City Council Special Meeting Minutes (Page 13a-13b) IV. CONSENT AGENDA 1. City of Centen'ille October 13, 2005 through October 26, 2005 Claims (Page 14 & 14a) 2. Centennial Fire District October 13, 2005 Claims (page 15) 3. Telemetry Process Control, Inc. Pay Request #2 for Supen'isory Control and Data Acquisition Project - $30,185.68 (page 16 - 19) 4. Telemetry Process Control, Inc. - Change Order #1 for Supervisory Control and Data Acquisition Project - $,2.355.00 (Page 20 - 21 ) 5. Maquire Iron Inc. Pay Request # 12 for 500,000 Gallon Elevated Water Tower - $5,951.75 (Page 22 - 24 ) 6. Parks & Recreation Committee Recommendation to Advertise and Hire for the Position of Part-Time Ice Rink Attendants (page 25 - 26 ) 7. Res. #05-049 - Assessing Fees Associated with 6923 Tourville Circle Cleanup (Housekeeping) (Page 27) 8. City Administrator's Attendance of the League of Minnesota Cities Annual Conference (December 1, 2 & 3, 2005) - $300 (Page 27a-27c) V. AWARDSIPRESENTATIONS/APPEARANCES 1. Mr. Roger Womer, Centennial School District Superintendent VL PUBLIC BEARINGS vn. NEW BUSINESS 1. Purchase of Topo Maps from Lino Lakes ($4,200) - Entire Centerville (Page 28) 2. Res. #05-050 - The City Council Promoting the Use of Intrastate Mutual- Aid Agreement (page 29 - 30) 3. Res. #05-051- The City Council Designation of the National Incident Management System (NIMS) as the basis for All Incident Management in Centerville (page 31-32) 4. Ordinance #6 & Ordinance #6-A (Nuisance & Nuisance Abatement/Ordinance #39 (Sign age) - Enforcement (Page 32a-32r) 5. Evaluate Traffic Speeds on Mill Road vm. OLD BUSINESS 1. CSAH 14 Widening Project (Memorandum of Understanding) (Page 33 -37) 2. Possible Oosed Meeting to Discuss Outstanding Litigation (R. Hugger Case) 3. 1601 LaMotte Drive - (Page 38 - Update) 4. Approval of Settlement Agreement (Page 38a-38d) 5. Economic Development Committee (EDe) - Request for Disbanding and Turning Over Duties to Council (Page 38e) IX. ANNOUNCEMENTSIUPDA TES 1. City Administrator, Mr. Dallas Lanon 2. Downtown Redevelopment Planning (Update) 3. Correspondence 4. Successful Completion of Alcohol Sales Compliance Check (Page 39) 5. 2006 Liquor and Tobacco Licensing (page 40 - Update) x. ADJOURNMENT COUNCIL WORK SESSION L CALL TO ORDER 1. Roll Call II. DISCUSSION ITEMS 1. Personnel Policy III. ADJOURN **REMINDERS** Downtown Taskforce/Steering Committee (Downtown Redevelopment) - October 25, 2005 (6:30 p.m.) (Council Chambers) Downtown Taskforce/Steering Committee (Downtown Redevelopment) - November 15, 2005 (6:30 p.m.) (Elementary School) Downtown Taskforce/Steering Committee (Downtown Redevelopment) - December 20, 2005 (6:30 p.m.) (Elementary School) CITY OF CENTERVlLLE SPECIAL CITY COUNCIL MEETING October 24, 2005 9:00 a.m. Pursuant to due call and notice thereof, the City of Centerville held a special meeting scheduled on October 24, 2005, at the Anoka County Court House, 2100 Third Ave., Anok~nnesota 55303. II PRESENT: Mayor Mary Capra t p~ f Council Member Tom Lee I . Council Member JeffPaar ABSENT: Council Member Michelle Lakso Council Member Richard Terway STAFF: Litigation Attorney Joan Quade Litigation Attorney Susan Sheely L CALL TO ORDER Mayor Capra called the October 24, 2005, Special Council meeting to order at 9:08 a.m. n. SET AGENDA Agenda approved Motion bv Council Member Lee seconded bv Council Member Paar to aoorove the ae:enda as oresented. All in favor. Motion carried unanimouslv. ID. PUBLIC HEARING(S) None. IV. APPEARANCES/AWARDS None. v. CONSIDERATION OF MINUTES None VL PETmONS AND COMPLAINTS VB. OLD BUSINESS /3~ City of Centerville Special Council Meeting Minutes October 24, 2005 vm. EXECUTIVE SESSION (CLOSED) Royal Oaks Realtv Liti2ation 9: 10 a.m. - Mayor Capra recessed the council to executive session for discussion of settlement with Royal Oaks Realty. 9:30 a.m. - Mayor Capra reconvened the regular session of the meeting. During the executive session the council discussed a settlement offer to be presented to Royal Oaks Realty by the attorney representing the City of Centerville, Ms. Quade in the amount of $80,000.00 payable today. Motion by Council Member Lee seconded by Council Member Paar to otTer a settlement amount of $80.000.00 to Royal Oaks Realtv oavable today. All in favor. Motion carried unanimouslv. 9:45 a.m. - Mayor Capra recessed the special meeting and council moved into the courtroom. 10:10 a.m. - Mayor Capra reconvened the special meeting and recessed to executive session for settlement negotiation with Mr. Marcel Eibensteiner of Royal Oaks Realty per the request of Judge Maas. 10:41 a.m. - Mayor Capra reconvened the special meeting. During the executive session the council discussed with Mr. Marcel Eibensteiner a settlement of $65,000.00 to be paid by cashier check to the City of Centerville no later than Wednesday, October 26, 2005 before the close of the business day. The City of Centerville would dismiss the case following the receipt of the check. Motion bv Council Member Paar seconded bv Council Member Lee to otTer a settlement amount of $65.000.00 to Roval Oaks Realtv oavable in the form of a cashier check to the City of Centerville bv close of business day Wednesdav. October 26. 2005. Once the City has the oavment has been received the City of Centerville wiD move that the case a2ainst Roval Oaks Realty will be dismissed. All in favor. Motion carried unanimousl~. IX. NEW BUSINESS x. ADJOURNMENT Motion bv Council Member Lee seconded bv Council Member Paar to adiourn the October 24.2005 City Council Soecial Meetin2 at 10:43 a.m. All in favor. Motion carried unanimouslv. Respectfully Submitted by: Mayor Mary Capra /3b Search Name CORNER EXPRESS E. H. RENNER & SONS HEIRS, JAMES KJOHLHAUG ENVIRONMENTAL SERVIC MCCOMB GROUP, L TO ME NARDS - FOREST LAKE METRO SALES INCORPORATED PRESS PUBLICATIONS QWEST Check Chk# 020738 020739 020740 020741 020742 020743 020744 020745 020746 ervi[{e tEstab{isnea lB57 CITY OF CENTERVILLE Check Summary UPDATE OCTOBER 2005 Date 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 Amount Comments $416.58 FUEL - OCT - SEPT 2005 $24,654.00 WELL # 1 & WELL # 2 $120.00 REIMBURSE FOR SOD - STORM DRAIN RESTORATION $2,847.70 PROFESSIONAL SERVICES - CENTERVILLE - DRILLING $4,596.25 CENTERVILLE MARKET ANALYSIS $16.57 PREMIX CONCRETE $130.00 SERVICE ON COPIER $41.40 MEETING DOWNTOWN REDEVELOPMENT $512.07 429-4750 SERV THRU NOV 15 $33,334.57 /1tv LMC 2005 Annual Conference and Marketplace: Registration Options Page I of3 fi]WJuC1:jl Training &. .--t; . I~""""", , 'Ii\....('~~, If..,. . ",.,"./. '. ,}m,",.., ~. "' f".(l!~ (} ..... ',' 't"'::I. I'" 1:; ,'1,...'1; I , _ u f. 'J ,',\-,1' ---.J'.f" F.._" LMC Search Tools Conference Home LMC 2005 Annual Conference & Marketplace Conference Registration Registration options and information Reserve your spot today by choosing the registration option listed belm\< best suits your needs. Conference Calendar For city officials. City officials have two options for conference registra Please visit the links below for a full description of the registration choi( then register online. After completing the registration for city officials, ) will automatically be given the option to register guests/spouses. Staff Directory . Option 1: Full-Conference Registration . Option 2: Friday-Only Registration For families and guests. Families and guests are welcome to attend the functions, networking, and events specially designed for guests. Family members and guests must register through a participating city official. E for conference meals, there is no cost associated with Family and Guest registrations, and the special activities for family and guests are free of charge. Learn more about Family and Guest activities. Option 1: Full-Conference Registration Choose this option to register for the full Annual Conference, Dec. 1-3, : Register online for the Full-Conference option. Full-Conference Registration Includes: . Admission to all conference sessions (keynotes, general sessions, anc concurrent sessions) . Admission to Marketplace 2005: -- Marketplace Grand Opening -- City Night -- Marketplace Grand Finale . Admission to all networking and meal events: -- Thursday: City Night -- Friday: Continental Breakfast -- Friday: Mayors' Association Luncheon & LMC Annual Meeting -- Friday: LMC Reception & Awards Banquet ~l"Joh'1....A"n7. ,...,,..."'''\.,.;...,0.....+011 n....t::.,."lr.f'4'lC"+ l-1~ 10/26/2005 http://www.lmnc.org/ conf/annconfD5regoptions.cfm LMC 2005 Annual Conference and Marketplace: Registration Options Page 2 of3 -- IJalUluay. ,"-,VUUU\.-Ulal Ul\.-Cl&.la..l -- Saturday: Closing Keynote Luncheon Full-Conference Registration Costs: . Early registration: $300 (through 4:30 p.m., Oct. 31) . Regular registration: $315 (through 4:30 p.m., Nov. 18) . On-site registration: $335 (after 4:30 p.m., Nov. 18) . Youth delegate: $105 (14-18 year olds; no specific youth program planned) . Company representative: $520 Option 2: Friday-Only Registration Choose this option to register to attend the Annual Conference on Frida) Dec. 3,2005. Register online for the Friday-Only option. Please note: . Friday-Only registrants will be issued a special Friday-Only name ba Friday-Only Registration DOES NOT include the LMC Reception ar A wards Banquet. To take full advantage of all conference offerings, please register for the full conference. . Friday-Only Registration is available for elected and appointed city officials. Company representatives must register for the Full-Confere at a cost of $520. Friday-Only Registration Includes: . Admission to most Friday conference events, including: -- Continental Breakfast -- Minnesota Women in City Government Breakfast Meeting -- Concurrent Sessions I, II, and III -- Cities Forum: Understanding the Mood of the Voters -- Mayors Association Luncheon and LMC Annual Meeting .- Admission to Marketplace Friday-Only Registration Costs: Friday-Only Registration is available for elected and appointed city offi( Company representatives must register for the Full-Conference Option a cost of $520. . Early registration: $200 (through 4:30 p.m., Oct. 31) . Regular registration: $215 (through 4:30 p.m., Nov. 18) . On-site registration: $225 (after 4:30 p.m., Nov. 18) Cancellation policy If you are registered and cannot attend, please send a substitute. If you c send a substitute, a cancellation fee will be applied if written cancellatio faxed, e-mailed or postmarked by 4:30 p.m., Nov. 18, 2005. Cancellatil will not be accepted by phone. Cancellation fee is $85 for full conference; $50 for Friday-only. No refll _"" J.. -.... ....- 4.,a - - N... .. ,IVU: T<U^u....;"~~.j1h http://www .1mnc.org/ conf/ annconf05regoptions.cfm 10/26/2005 LMC 2005 Annual Conference and Marketplace: Registration Options Page 3 of 3 ".In ..,"" .l.l.lAU"" A.lL"".I ".JU p..l.l.l., i"lU1'. ..10, ,""UU..J. ii J'VUJ. i\'oi"uauvu pClJ'LU' has been received, the League will reimburse you the fee minus the hane fee. If your registration payment has not been received, you will be bille conference fee less the handling fee. Questions? If you have questions ?r need registration assis~ce, contact: . LMC Administrative Assistant Rebecca Erickson. E-mail: rerickso@lmnc.org. Phone: (651) 281-1222 or (800) 925-1122. Return to LMC 2005 Annual Conference and Marketplace page Conference Calendar I Conference Registration City Tools I Legislative Advocacy I Research Bt Analysis LMCIT I HR Bt Benefits I Library I Training Bt Conferences Other Services Home I Site Features & Tips I Web Site Policy I Site Search LMC Staff I What We Do I Press Room Sponsorship & Advertising Opportunities I Cities Vendor Guide other Links I Listserv Sign Up Copyright @2005 League of Minnesota Cities 145 University Ave. West, St. Paul, MN 55103 Phone:651-281-1200 I Toll Free: 1-800-925-1122 Fax: 651-281-12991 TDD: 651-281-1290 Comments about the Site? Contact the Webmaster This site is secure USing Verisign http://www.lmnc.org/conf/annconf05regoptions.cfm ~1~ 10/26/2005 Effective 11123n3 City of Centerville - Ordinance #6 STATE OF MINNESOTA COUNTYOFANOKA CITY OF CENTERVILLE ORDINANCE ~ AN ORDINANCE PROHIBITING THE MAINTAINING OF NUISANCES WITHIN TIlE VILLAGE OF CENTERVILLE, MINNESOTA; DEFINING NUISANCES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF: THE VILLAGE COUNCIL OF THE VILLAGE OF CENTERVILLE ORDAINS: SECTION 1. No person, firm or corporation shall cause or permit any nuisance as hereinafter defined to be maintained or permitted upon private or public property within the Village of Centerville, Minnesota. SECTION 2. Nuisance is hereby defined and constitutes the following: I. Accumulation of tin cans, bottles, trash, ashes, or debris of any nature of description. 2. The parking, keeping, placing or storing of, or the permitting of parking or storage of old machinery or junk cars on public street or alley, or on any private lands or premises which are owned, occupied or controlled by the one so doing, or so permitting, except where such is being pursued in accordance with existing zoning and the issuance of a special use permit therefore. This shall also apply to anyone who shall park, keep, or place such vehicle even ifhe be not the owner of the lands upon which such vehicle is parked, kept, or placed. For the purpose of this section, ajunk car means any motor vehicle which is not in operable condition, or which is partially dismantled, or which is used for sale of parts or as a source of repair of replacement parts for other vehicles, or which is kept for scrapping, dismantling, or salvage of any kind, or which is not properly licensed for operation within the State of Minnesota by the State of Minnesota. An application for a special permit may be made by the property owner on which the vehicle will be stored. The special permit can be issued by the Clerk! Administrator if the following conditions are met: - There is only one non-registered/non-operable vehicle on the property. Page 1 of3 3~ Effective 11123n3 City of Centerville - Ordinance #6 _ All property owners within 150 feet of the property on which the vehicle is proposed to be stored will be mailed a notice informing them of the permit application and given the opportunity to comment. (City staff will make the determination of which property owners are within 150 feet of the applicant's property). - The City has not received more than one (1) documented negative comment from the property owners within 150 feet of the applicant's property. _ The Public Works Director has reviewed the site and submitted a recommendation that the outside storage of the vehicle appears to not be disruptive to the surrounding area and does not interfere with easements and street right of ways. _ The vehicle does not appear to pose a hazard as determined by the Public Works Director. Such special permit will expire on December 31 of each year. Special permits must be renewed annually and shall be non transferable. Permits taken out during the year will not be prorated. Should the applicant meet the above requirements and the Clerk! Administrator grants the permit the applicant shall pay an annual fee to the City of Centerville. The fee shall be as determined in the City Fee Schedule which shall be reviewed annually. Special conditions which are unique to the individual application may be imposed. Application denied by the Clerk! Administrator may appeal to the City Council. Properties which have more than one non-registeredlnon-operable vehicle and request a special permit shall make application to the City Council versus the Clerk/Administrator. 3. Placing the contents of any cesspool, septic tank, privy vault or garbage can upon the surface of the ground. 4. Placing paper, litter or debris upon open ground. 5. Causing or allowing any unnecessary noises or annoying vibrations. SECTION 3. Any person who shall violate any of the provisions of this ordinance shall be guilty of misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $300 or by imprisonment in the County Jail for not more than 90 days. SECTION 4. This ordinance shall be in full force and effect from and after its publication. Amended 3/14/90 Page 2 of 3 3JJ Passed by the Village COlIDcil this 14th day of November, 1973. Effective 11123n3 City of Centervil1e - Ordinance #6 (Sienature on File) Mayor, Walter Prachar (Signature on File) Lu Marcello, Clerk-Treasurer Published in the Spring Lake Park Life on November 23, 1973 Page 3 of3 32~ Effective: 03/04186 City of Centerville - Ordinance #6-A CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE # 6-A AN ORDINANCE PROVIDING AN ABATEMENT PROCEDURE FOR NUISANCES The City Council of the City of Ceoterville does hereby ordain: SECTION 1. Declaration of Policy. The City Council of the City ofCenterville has detennined that the health, safety, good order, general welfare, and convenience of the public is threatened by certain public nuisances on property within the City limits. It is declared to be the intention of the Council to abate these nuisances, and this ordinance is enacted for that purpose. SECTION 2. Whoever, by his act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance and may be ordered to abate the nuisance as provided herein, charged with a misdemeanor, or both: 1. Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public. 2. Interferes with, obstructs, or renders dangerous for passage any public highway or right of way, or waters used by the public. 3. Willfully opposes or obstructs a health officer of physician charged with the enforcement of the health laws in perfonning any legal duties. 4. Is guilty of any other act or omission declared by state law or City ordinance to be a public nuisance. SECTION 3. Hearing: Examiner. 1. Position Created. The position of Hearing Examiner is hereby created. The City Council may contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this ordinance and set the rate of compensation therefore. 2. Duties of the Hearin2 Examiner. The Hearing Examiner shall have the following duties: Page 1 of 4 32d Effective: 03/04/86 City of CenteJ.ville - Ordinance #6-A 1. Set dates and hear all contested cases following appeals of orders of the Zoning Administrator or Chief Building Offi cial. 2. Take testimony from all interested parties. 3. Make a complete record of all proceedings. 4. Affinn, repeal or modify the order of the Zoning Administrator or Chief Building Official and prepare written findings of fact. SECTION 4. Inspection and Investig;ation. 1. Periodic Insoection. The Zoning Administrator or Chief Building Official shall cause to be inspected all public and private places within the City which might contain a public nuisance as defined in this Code as often as practicable to determine whether any such conditions exist. The Zoning Administrator or Chief Building Official shall also investigate all reports of public nuisances located within the City. 2. Entrv on Public and Private Places. The Zoning Administrator, Chief Building Official or their duly authorized agents may enter upon all public and private places at any reasonable time for the purposed of inspecting those places for public nuisances. SECTION 5. Abatement of Nuisances. Upon a determination by the Zoning Administrator or Chief Building Official that a public nuisance exists on any public or private property within the City, the Zoning Administrator or Chief Building Official shall order the public nuisance to be abated in a manner consistent with the City Ordinances and state law. SECTION 6. Procedure for Removal of Public Nuisances. 1. Whenever the Zoning Administrator or Chief Building Official finds with reasonable certainty that a public nuisance exists on any public or private property in the City of Centerville, he shall notify the affected property owner by personal service or by certified mail that the nuisance must be abated within a reasonable time, not less than twenty (20) days from the date of service of the notice. Service by certified mail shall be deemed complete upon mailing. The order shall state with specificity the nature of the violations and the requirements for compliance. The order shall also state that the property owner may, within twenty (20) days of the date of the order request a hearing before the Hearing Examiner and shall set out the procedure by which that hearing may be requested. The order shall also state that failure to abate the nuisance or request a hearing within the Page 2 of 4 3Je Effective: 03/04/86 City of Centerville - Ordinance #6-A applicable time periods will result in summary abatement procedures, and that the cost of abatement will be assessed against the subject property. Upon expiration of the time required by the notice, the Zoning Administrator or Chief Building Official may abate the nuisance unless a request for a hearing has been timely filed. 2. Any property owner who feels aggrieve by an order of the Zoning Administrator or Chief Building Official issued pursuant to this ordinance may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the City Clerk within twenty (20) days after service of the notice by the Zoning Administrator or Chief Building Official. The City Clerk shall notify the Hearing Examiner who shall notify the property owner of the date, time and place of the hearing. The hearing shall be conducted no more than ten (10) days after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the property owner and the City. Bother the property owner and the City may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. The Hearing Examiner's order shall be accompanied by written findings of fact. Any person aggrieved by the decision of the Hearing Examiner may appeal that decision to the City Council by filing notice of such appeal with the office of the City Clerk. At its next available regular meeting, following the filing of a notice of appeal, the Council shall review the decision and findings of the fact of the Hearing Examiner and shall affirm, repeal or modify that decision. The city shall take no action to abate any nuisance while the matter is still pending before the Hearing Examiner or the City Council. 3. The Zoning Administrator of Chief Building Official shall keep a record of the costs of abatements done under this ordinance and shall report monthly to the City Clerk or other appropriate officer all work done for which assessments are to be made, stating and certifying the description of the land, lots or parcels involved and the amount assessable to each. 4. On or before September 1 of each year, the City Clerk shall list the total unpaid charges for each abatement, against each separate lot or parcel to which they are attributable under this ordinance. The Council may then spread the charges or any portion thereof against the property involved as a special assessment ooder other pertinent statutes, for certification to the Coooty Auditor and collection the following year along with current taxes. Such assessment shall be payable in no more than ten (10) equal annual installments, pursuant to Minnesota Statutes, Section 429.01, Subdivision 2. Page 3 of 4 3J,wf Effective: 03/04/86 City of Centetville - Ordinance #6-A SECTION 7. Interference Prohibited. No person shall prevent, delay or interfere with the Zoning Administrator, Chief Building Official or their agents while they are engaged in the performance of duties set forth in this ordinance. SECTION 8. Validity. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. SECTION 9. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor as defined by state law and subject to the penalties thereof SECTION 10. Effective Date. This ordinance shall take effect and be in force upon its passage and publication required by law. Adopted by the Centerville City Council on the 12th day of February, 1986. (Signature on File) Leon R. L' Allier, Mayor ArrEST: (Signature on File) Debra K.. Gonsior, Clerk Published in the Quad Community Press March 4, 1986 Page 4 of 4 3~J Effective 05-01-01 City of Centerville Ordinance #39 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE # 39 An ordinance regulating signs in the City of Centervtlte, Minnesota and providing for the administration and enforcement of such regulations. The City Council of the City of Centerville ordains as follows: DIVISION 10: General Provisions Section 010-010: Title. This ordinance shall be known as Ordinance #39, City of Centerville Signage Ordinance except as herein referred to as "this Ordinance". Section 010-020: Purpose and Intent. It is the purpose of this Ordinance to: . Establish a set of standards for the fabrication, erection, use and maintenance for signs, symbols, markings, advertising devices or other items that serve as visual communication media. . Allow creativity in sign design while at the same time ensuring that the public is not endangered, annoyed, distracted or displeased by unsafe, disorderly, indiscriminate and unnecessary use of visual communication media. . Administration and procedures for requiring permits, payments of fees and providing for penalties for non-compliance. Section 010-030: Repeal of Conflicting Ordinances. Those parts of Ordinance #4 (Zoning Ordinance) or any parts of other Ordinances inconsistent herewith are hereby repealed. In all other respects said Ordinance #4 (Zoning Ordinance) and other Ordinances shall remain in full force and effect. Section 010-040: Definitions. Advertising Sign - An Ie Advertising Sign" is a sign, which directs attention to a business commodity, service or entertainment not exclusively, related to the premises where such a sign is located or to which it is affixed. Area Identification Sign - A freestanding sign that identifies the name of a residential subdivision, commercial or industrial development. Billboard - A sign erected for the purpose of advertising a product, event, person or subject not entirely related to the premises on which the sign is located. Page 1 of 11 3:Z~ Effective 05-01-01 City of Centerville Ordinance #39 Business Frontage - The linear frontage of that portion of a building facing the right-of-way and occupied by one separate business. Business Sign - A "Business Sign" is any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, induding entertainment, offered or sold upon the premises where such sign is located. Canopy - A permanent roof structure attached to and supported by the building. Changeable Copy Sign - Any sign that is characterized by changeable copy, letters or symbols, regardless of method of attachment. Directional Sign - An on-premises sign designed to guide or direct pedestrian or vehicular traffic. Flags - Devices generally made of flexible materials, such as cloth, paper of plastic, and displayed on poles, strings or wires, but exduding the flag of any country or state. Flashing Sign - An illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. Freestanding Sign - Any sign supported by structures or supports that are permanently anchored in the ground and that are independent from any building or structure. Historical Identification Symbols - Those symbols which have historically been identified with the service the establishment provides, are common to similar enterprises in all other localities and are not a particular trademark or business identification. Illuminated Sign - A sign that has an artificial light source directed upon it or which has an interior light source. Major Anchor - A single tenant in a shopping center that is at least 20% of the total square footage and in excess of 50,000 square feet. Motion Sign - A sign that revolves, rotates or moves. Political Sign - Any sign which states the name or picture of an individual seeking election or appointment to a public office, or pertaining to a forthcoming public election or referendum, or pertaining to or advocating political views or policies erected on private property, which is erected by a bona fide candidate for political office or by a person or group supporting such a candidate and which contains the name of the person or group supporting such a candidate and which contains the name of the person or group chairman responsible for the erection and removal of the sign. Page 2 of 11 32~ Effective 05-01-01 City of Centerville Ordinance #39 Portable Sign - Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A- or T -frames; menu and sandwich board signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right of way, unless said vehicle is used in the normal day-to-day operations of the business. Setback - The minimum horizontal distance between a lot line and a building line or use. Sign - The term "Sign" shall mean a name, identification, description, display, illustration structure or device which is affixed to, or painted on, or represented directly or indirectly upon a building or other outdoor surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. Sign Area - The entire area within a continuous perimeter enclosing a sign, exclusive of sign embellishments, which may extend beyond said perimeter as regulated herein; such perimeter shall not include any structural elements lying outside of said sign and is not an integral part of the display. Double-faced signs are permitted with the maximum square footage allowed on each face as that allowed for a single face sign; multi-faced sign areas may not exceed the area permitted for a single faced sign. Sign Height - Height shall be measured from grade to the uppermost points or level of sign surface. Temporary Sign - A sign that is not permanently affixed. All devices such as banners, pennants, flags (not intended to include flags of any nations) searchlights, twining or sandwich type signs, sidewalk or curb signs and balloons or other air or gas filled figures. Wall Advertising Sign - An advertising sign attached to or erected against the wall of a building or structure with the exposed face to the sign in a plane approximately parallel to the face of said wall and extending not more than fifteen (15) inches from the building wall face. Window Sign - A sign affixed to or inside a window in view of the general public, but excluding merchandise on display. DIVISION 15: General Regulations A. Signs are prohibited within the public right-of-way or easements except that the City Council may grant a Special Use Permit to locate signs and decorations on or within the right-of-way for a specified period of time. Page 3 of 11 32' J Effective 05-01-01 City of Centerville Ordinance #39 B. Flashing signs, motion signs or similar devices shall be prohibited in all districts except commercial district signs that meet the criteria detailed in the commercial district standards. Approved traffic signs are exempt from this provision. C. Unless specifically allowed in this Ordinance, interior illuminated signs are permitted in all districts except Residential. All illuminated signs shall have a shielded light source. D. Business signs shall not be painted, attached, or in any manner affixed to trees, rocks or similar natural surfaces. No signs of any type shall be painted directly on to the roof or the sides of a building. E. Signs that interfere with the ability of vehicle operators or pedestrians to see traffic signals, or which impede the vision of traffic by vehicle operators or pedestrians are prohibited. F. Signs shall not project above the roofline of any structure without the issuance of a Special Use Permit. G. No sign shall physically obstruct any window, fire escape or opening intended to provide entry or exit to any structure or building or public way. H. All signs and sign structures shall be properly maintained in a safe, orderly condition at all times, including the replacement of defective parts, cleaning and other items required for the maintenance of the sign. Vegetation within ten feet in any direction of the base of ground signs shall be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. I. No signs may be placed on utility poles in the community. J. There may be no more than one identical sign per lot in a residentially zoned area. K. The changing of the advertising message of a painted or printed sign, or changeable copy sign, and the painting, repainting and cleaning of signs will not require a sign permit, but will otherwise be done in compliance with this Ordinance and any other applicable laws. L. No sign may by reason of its location, color or intensity, create a hazard to the safe and efficient movement of Page 4 of 11 321- Effective 05-01-01 City of Centerville Ordinance #39 vehicles or pedestrian traffic. No private sign may contain words that might be construed as traffic controls, such as "Stop", "Caution", "Warning", or otherwise resemble any official marker erected by a governmental body or agency, unless such sign is a directional sign. DIVISION 20: Pennltted siGns with no oennit reauired Section 020-010: Political Signs. Political signs posted by bona fide candidates for political office or by a person or group promoting a political issue for a candidate may be placed in any district subject to the requirements of the district. Campaign signs may be posted for a period not to exceed sixty (60) days and shall be removed within seven (7) days following the date of the election. Only one sign (1) per candidate will be allowed per lot. Section 020-020: Temporary Signs. A. Temporary banners and pennants shall be displayed for no more than fourteen (14) days. A maximum of six (6) occurrences per year are allowed. Banners or pennants determined to be an integral part of the design or architecture of a building are permitted. B. One temporary identification sign, setting forth the name of the project, architect, engineers, contractors, planners and financing agencies, may be installed at a construction site in any district for the period of construction. The sign area of a temporary identification sign shall not exceed thirty-five (35) square feet. C. In any district, one (1) temporary real estate sign may be erected for the purpose of advertising the lease or sale of property upon which it is placed. Only one (1) such sign shall be permitted per street frontage. Such sign(s) shall be removed within seven (7) days following the lease or sale of the property. The maximum size of such signs for each district is as follows: Residential Districts - Ten (10) square feet Commercial Districts - Thirty-two (32) square feet Industrial Districts - Thirty-two (32) square feet Mixed-Use Districts - Sixteen (16) square feet AgriculturallRural Residential - Thirty-two (32) square feet In any district, one (1) temporary "help wanted" or "now hiring" sign may be erected for the purpose of advertising employment positions. Only one (1) such sign shall be permitted per street frontage. Such sign Page 5 of 11 32L Effective 05-01-01 City of Centerville Ordinance #39 shall be removed upon filling the employment position. The maximum size of such signs for each districts are as follows: D. Commercial District - Thirty-two (32) square feet Industrial District - Thirty-two (32) square feet Mixed-Use District - Sixteen (16) square feet Agricultural/Rural Residential - Thirty-two (32) square feet E. Signs pertaining to drives or events of civic, philanthropic, educational or religious organizations, provided permission of the Council must be obtained to erect such signs upon or over public property and provided further that such signs shall not be erected or posted for a period of more than fourteen (14) days prior to the date of the event and must be removed within three (3) days after the event. Section 020-030: Directional Signs. Directional signs having a surface area not greater than five (5) square feet. Section 020-040: Memorial Signs. Memorial signs or tablets, or names of buildings and date of erection when cut into a masonry surface of constructed of metal, wood or stone and attached to the building not exceeding a sign surface area of four (4) square feet. Section 020-050: Freestanding Signs. Freestanding signs for garage sales or similar events occurring within the corporate limits of the City, not exceeding four (4) square feet in sign surface area, erected on private property with permission of the landowner, and displayed for not more than three (3) consecutive days. Section 020-060: Window Signs. Temporary or permanent window signs duly authorized by zoning and other laws of this City, provided that all such signs on a frontage shall not have a total sign surface area greater than 50% of the glass area, eXCluding doors, on such frontage and provided that a minimum of one-half of the open window space must be below a horizontal line which is five (5) feet above the interior floor of the commercial establishment. Merchandise displays in windows shall not be considered a part of the sign area if such display is not to be continued for a period of more than eight (8) weeks. DIVISION 25: Portable Signs Portable signs are prohibited in residential districts. Portable signs in all other districts are allowed with permit as specifically authorized below. Portable signs used for the purpose of directing the public will be permitted subject to the following conditions: A. Said sign is coincidental to or used in conjunction with a public function; and Page 6 of 11 32m Effective 05-01-01 City of Centerville Ordinance #39 B. Said sign is used for a special business promotion or event; and C. The period of use for such a sign shall not exceed fourteen (14) consecutive days; and D. No business may have more than six (6) special promotions or events per year; and E. Portable signs may not exceed eighty (80) square feet. DIVISION 30: District Regulations Section 030 - 010: Residential/Public Districts (R1,R2, R2A, R4, R5, P1) Permitted Signs A. Residential Identifications - Not more than two (2) square feet per nameplate or six (6) square feet in area for each multiple-family building. B. Institutional Identifications - Churches, schools, parks etc. allowed up to thirty-two (32) square feet; not taller than eight (8) feet. C. Business Signs - Home-based businesses may have a sign that is no larger than four (4) square feet. The sign may not be an interior-illuminated sign. Section 030 - 020: Commercial District (B1) Permitted Signs A. Wan Signs - Wall signs are permitted on each public street exposure or public parking exposure provided said signage does not exceed ten percent (10%) of said wall area. B. Free Standing Signs - One (1) free standing sign per business or business complex provided, however, said sign does not exceed two hundred (200) square feet in area and thirty-five (35) feet in height. C. Area Identification Signs - One (1) area identification sign is permitted per street frontage, however said sign does not exceed sixty four (64) square feet in area and twenty (20) feet in height, and is not placed within ten (10) feet of any street right-of-way. Section 030-030: Industrial District (11) Page 7 of 11 3J.n Effective 05-01-01 City of Centerville Ordinance #39 Permitted Signs A. Wall Signs - Wall signs are permitted on each public street exposure or public parking exposure provided said signage does not exceed ten percent (10%) of said wall area. B. Free Standing Signs - One (1) free standing sign per street frontage provided, however, said sign does not exceed two hundred (200) square feet in area and thirty-five (35) feet in height. C. Area Identification Signs - One (1) area identification sign is permitted per street frontage, however said sign does not exceed sixty four (64) square feet in area and twenty (20) feet in height, and is not placed within ten (10) feet of any street right-of-way. Section 030-040: Mixed-Use District (M1) Permitted Signs A. Wan Signs - Wall signs are permitted on each public street exposure or public parking exposure provided said signage does not exceed ten percent (10%) of said wall area. B. Canopy Signs - Signs on these structures are allowed as long as the sign area does not exceed ten percent (10%) of said wall area. C. Ground Signs - One (1) ground sign is permitted per street frontage; however, said sign does not exceed eight (8) feet in height and thirty-two (32) feet in area. DIVISION 36: Comprehensive Sian Plan Reauired A comprehensive sign plan is required at the time of Planning and Zoning Commission review of any proposed new commercial or industrial development. Said plan shall indicate the location, size, height, color, lighting and orientation of all proposed signs and shall be submitted for approval pursuant to the regulations of the City of Centerville. Building permits and inspections are necessary as required by building and electrical code. Fees for required permits or hearings shall be set by approved annual resolution of the City Council. Section 036-010: Application for Permit. Every application for a sign permit must be accompanied by a plan drawn to scale and including the following: A. The dimensions of the sign and where applicable the dimensions of the wall surface of the building to which it is to be attached. Page 8 of 11 32 () Effective 05-01-01 City of Centerville Ordinance #39 B. The maximum and minimum height of the sign. C. The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. D. The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. E. If the sign is to be illuminated, the technical means by which this is to be accomplished and the hours of illumination. , F. Where the sign is to be attached to any existing building, a diagram or photograph of the face of the building to which the sign is to be attached. G. The name and address of the owner of the sign and the address of the property where the sign is located. H. Where a ground level sign is proposed with berming, a diagram showing grade level and dimensions of the berm. I. When a multi-tenant comprehensive sign plan is submitted, the plan must indude the location, size, height, color lighting and orientation of all signs. J. Where a ground sign plan is submitted, the plan must in dude the location of the sign in relation to the lot lines and the building height, induding any difference from the established grade, size, color, lighting and hours of illumination. DIVISION 40: Adiustments and Appeals The commission of adjustments and appeals will be comprised by all members of the Planning and Zoning Committee. The Planning and Zoning Committee will hear and make recommendations to the City Council regarding: A. Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the City in the enforcement of this Ordinance. B. Petitions for variances from the literal provisions of this Ordinance in instances where their strid enforcement would cause hardship because of circumstances unique to the individual property under consideration. Criteria for granting a variance will be the same as the criteria for granting a variance in the City's zoning ordinance. Page 9 of 11 3L} Effective 05-01-01 City of Centerville Ordinance #39 DIVISION 45: Non-Confonnina Signs Section 045-010: Legal, Conforming. All signs existing as of the adoption date of this ordinance conforming to the requirements of this ordinance and not requiring a permit under the provisions of this ordinance, may be maintained so long as the sign continues to comply with the provisions of this ordinance, as it may from time to time be amended. Section 045-020: Legal, Non-Confonnlng, Signs. All signs existing as of the adoption date of this ordinance which would be prohibited by ordinance or which would require a permit under this ordinance but have not received a permit, will be deemed to be legal non-conforming signs. Legal non-conforming signs may continue to exist without a permit and without constituting a violation of this ordinance until one or more of the following occurs: A. The sign is structurally altered (except for normal maintenance) in a way that makes the sign less in compliance with this ordinance than it was before the alteration. B. The sign is relocated to a position making it less in compliance with this ordinance than it was before the relocation. C. The sign is replaced. D. Any new primary sign is erected or placed in connection with the enterprise using the legal non-conforming sign. DIVISION 50: Enforcement If a sign is in violation of this ordinance, or is in danger of falling, or is otherwise a menace to the safety of persons or property, the Building Official may give to the owner of the property on which the sign is located, written notice specifying the violation, ordering the cessation of the violation and requiring either the removal of the sign or remedial work in the time and manner spedfied in the notice. In the event of failure to comply with the notice within thirty (30) days, the Building Official may remove the sign or cause such remedial work to be done. The cost of the work performed by the City, must be paid to the City by the owner of the property on which the sign is located. If payment is not made within thirty (30) days after a statement of costs is sent to the owner, the costs may be assessed against the property by certifying the costs to the County. If a sign that has been removed is not reclaimed and costs paid within thirty (30) days after its removal, the sign may be sold or otherwise disposed of by the City. If a sign is found to be an immediate danger to the public because of its unsafe condition, it may be removed without notice, and written notice of removal and reasons for the removal will be given to the owner of the property on which the sign is located as soon as possible. Page 10 of 11 3J.~ Effective 05-01-01 City of Centerville Ordinance #39 DIVISION 55: EFFECTIVE DATE This ordinance shall take effect the day following the second publication in the city's official newspaper. (Sianature on File) Tim Swedberg, Mayor Attest: (Sianature on File) Jim March, City Administrator Page 11 of 11 3,Zr STATE OF MINNESOTA COUNTY OF ANOKA DISTRICT COURT TENTH JUDICIAL DISTRICT CASE TYPE: OTHER CIVIL City of Centerville, a Minnesota Municipal Corporation, Court File No. C7-03-9616 Plaintiff, vs. SETTLEMENT AGREEMENT AND MUTUAL RELEASE Royal Oaks Realty, Inc., a Minnesota Corporation, Defendant. This Settlement Agreement and Mutual Release is made and entered into this day of October, 2005 by and between the City of Centerville ("Centerville") and Royal Oaks Realty, Inc. ("Royal Oaks") (collectively ''the parties"). WHEREAS, the above-captioned action was instituted by Centerville against Royal Oaks to recover from Royal Oaks unpaid engineering and administrative fees pursuant to the terms of certain Development Agreements entered into by the parties for the benefit of Royal Oaks' Lakeland Hills and Royal Industrial Park real estate developments; and WHEREAS, Royal Oaks denied that it owed Centerville any further engineering and administrative fees pursuant to said Development Agreements; and WHEREAS, the parties in this action wish to release and discharge each other for any and all claims that have been brought in this action or could have been brought in this action; and " .' " " NOW THEREFORE, in consideration of the payments hereunder and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1 3iOJ 1. Royal Oaks shall pay to Centerville the sum of sixty-five thousand dollars and 00/100 ($65,000.00). The funds must be received or before the close of business at 4:00 p.m. on Wednesday, October 26th, 2005 in the form of certified funds, made payable to the City of Centerville. 2. All parties hereby release and forever discharge each other and their agents, representatives, successors and assigns from any and all claims and causes of action of any kind or nature whatsoever that they ever had or now have which arise out of the matters described in the Complaint filed in the above-captioned adion, including but not limited to the causes of action brought, or which could have been brought, in that action. 3. This settlement agreement and mutual release does not, however, affect the parties' rights or obligations regarding actions that may arise out of any continuation of the Lakeland Hills and/or Royal Oaks Industrial Park projects and/or lot development or sales connected with these projects after the date of this settlement agreement and mutual release, or any other projects or developments involving the parties. 4. It is understood by this settlement agreement and mutual release that the parties undersigned do not admit to any liability to each other, but rather expressly deny any such liability. 5. This settlement agreement and mutual release shall inure to the benefit to the parties and bind the parties hereto and their respective heirs, legal representatives, successors and assigns and constitutes the full and final agreement between the parties. 6. This settlement agreement and mutual release shall be governed in all respects by the laws of the State of Minnesota. 7. The parties hereby declare that the terms of this settlement agreement and release have been completely read and are fully understood and voluntarily accepted for the purpose of making a 2 3J~ full and final compromise, adjustment and settlement of any and all such claims, disputed or otherwise. The parties further declare that this settlement agreement and mutual release is freely executed by each of them after full and adequate opportunity to confer with legal counsel. - - - 8. Upon execution of this settlement agreement and mutual release a Stipulation of Dismissal with Prejudice shall be executed by all counsel for the parties and filed with the Court. 9. This settlement agreement and mutual release may be signed in multiple counterparts, each of which shall be an original. .IN WITNESS WHEREOF, CITY OF CENTERVILLE Dated: By: Its: Subscribed and sworn to before me this _ day of , 2005 Notary Public ROYAL OAKS REALTY, INC. Dated: By: Its: Subscribed and sworn to before me this _ day of , 2005 Notary Public 3 3ic, ~ ~ .N t ~ REMIITER p.n.....'~l "- co \.r, g;> '" ~ tg& ~ ~ co ~ ~ '" ~ "~ ~ ~--a s E~ ~~~ tf N ~ ::{ "'''[\ " '" '~ '" ~~ O~ co ........ ~ I- Z 0 ::;) 0 0 ci 0 :E 0 c:t I{) (0 ~ 0> ii (0 1- ~ ~ ~ ~ <( Ii: z ~ N LU >- l() N Cl CD 0 0 0 N 0::: N '*l: <( :x:: J: U U LU 0::: J: :::> U C/) Cl/l .n ~ N 0- J: ~ .0 (.) " ~ c E (II ~ 0 ~ Q) ... lL ..li!: (II :t:: (II ll. 0 (II ...J a; Q) C 0::: ... "t: .e .... w Ul .... Ul ~ ::::J > (II C " Q) jjj 0 .. E c U I~ ~ Q) ~ ~ 0 0 i 0 0::: lL C/) 0::: ~~ Good Bankers, Good Friends, WIWI.commuoltynallonal.com 507-645-4441 n.::.~(~ PEAl TV PH:' DATE October 26, 2005 PAY TOTHE ORDER OF env OF GEMTEJ~:V I LLE 1$ E)(~~rL'AI[;~65 ,0 o eJIOC:aL OC)CTS CASHIER'S CHECK III 2 28 2 I; glll:;,I:O g ~ g ~? ~ 1;01: l.? 1;000 :1111 (Ij CI) Q) .t:: Ci5 :;:, .Q I.... :;:, ~ I.... <2 :;:, ~ ~ t:: m ~ N N o N '*l: 0.: 'cu o Q) 0::: 228269 75-1716/919 I IS ~, n fn DOLLARS M' .' 3!J tervi{{e ~ta6{isfid 1857 1880 :Main Street . CentervifCe, :MtJ{ 55038 (651) 429-3232 .:r~ (651) 429-8629 October 26, 2005 Honorable Mayor & City Council Members: It is with mixed feelings that the Centerville Economic Development Committee sends this letter to you. We are informing the Council that as of October 2005, the Centerville Economic Development Committee is disbanding and turning over to the Centerville City Council any tasks or functions that the committee has performed or is slated to perform. The committee has struggled for some time as to what our goals should be and how can we truly benefit the city of Centerville. The City has now formed the Downtown Task Force to work on the redevelopment of the downtown area and there have been discussions at work sessions regarding a formation of an EDA. The majority of the current Economic Development Committee have determined it is best that the committee disband at this time and make room for a more appropriate committee for the development of the economics in Centerville. Again, we are saddened by the committee disbanding, but by doing so, we also now have opportunities to assist in other areas of the community. Sincerely, Eileen Smith EDC Chairperson Scott Ebel EDC Co-Chairperson John Fischbach Committee Member Jennifer Dosch Committee Member Tim Rehbine Committee Member 31 e MARK DAYTON MINNESOTA WASHINGTON OFFICE: COMMIITEES: AGRICULTURE, NUTRITION, AND FORESTRY ARMED SERVICES GOVERNMENTAL AFFAIRS RULES AND ADMINISTRATION tinitnl ~mt(S ~(nat( 123 RUSSELL SENATE OFFICE BUILDING WASHINGTON, DC 20510 (202) 224--3244 FAX: (202) 228-2186 WASHINGTON, DC 20510-2305 October 12, 2005 }\;) tr r~ I,:. ~V.'.' . ~,.i,"." D ~ J4 \,'~ 4.01 UI,; r 2 it l005 Mr. Dallas Larson 1880 Main Street Hugo, Minnesota 55038 Dear Mr. Larson: Thank you'for contacting me regarding the Broadband Investment and Consumer Choice Act (S. 1504). Senate bil11504 would reduce local government's authority to provide oversight of cable and video service providers through franchise agreements. The bill would also require municipalities seeking to build broadband networks for residents to hold a bidding process in which private companies would receive the same treatment in financing ~d access to rights-of- ways as the municipality. This legislation is currently before the Senate Committee on Commerce, Science, and Transportation, of which I am not a member. Please be assured that I will carefully examine this legislation and keep your concerns in mind, should I have the opportunity to vote on this bill in the full Senate. Thank you for taking the time to be in touch with me. Please contact me again, if I can be of assistance in any way. My best regards. 14J~ t:=- r - l~ Dayton / United States Senator MD:jke MINNESOTA OFFICES: FEDERAL BUILDING 1 FEDERAL DRIVE, SUITE 298 FORT SNELLING. MINNESOTA 55111 (612) 727-5220 (888) 224--9043 FAX: (612) 727-5223 Health Care Help Line: (8661296-4319 401 DEMERS AVENUE EAST GRAND FORKS, MINNESOTA 56721 (218)773-1110 FAX: (218) 773-1993 222 MAIN STREET. SUITE 200 POST OFFICE Box 937 BIWABIK. MINNESOTA 55708 (218) 865-4480 FAX: (218) 865-4667 POST OFFICE Box 608 RENVILLE. MINNESOTA 56284 (320) 905-3007 PRINTED ON RECYCLED PAPER ~ "- 00 L """ ~ i;' 0) ~ ""'""IIJ)N .-.. '"'=:l ~~ .,.... ~ ~ .;, ~ <~ "~ ~ ~~? ~ Si .~~ ~ ~ ~~ tfN ~~ "''[' .E g; ~~ o::[} oo~ ~ REMllTER p.n.....'~1 I- Z 0 :J 0 0 ci 0 :E 0 <( 1D . (0 ~ m ~ (0 1- ~ ('II ~ ('II 4: Ii: z L< N W >- to N al 0 0 C> 0 N 0:: ('II =tI: 4: ~ :r: <.) <.) UJ 0:: :r: ::> <.) en Cl/J .n Jg N ... I GJ .a c.> "C ~ c E l\J ~ 0 Q) .... 'if l\J u.. oX a. l\J 0 l\J ....J (ij GJ C 0:: .... 'C .g 1ii W ~ - ::J > tV C "C Q) [j 0 .. E c 0 i~ ~ Q) ~ w 0 0 ~ 0 r:r: 0:: u.. en 0:: ~~. Good _. Good Friends. www.communitynatlonal.com 507-645.4441. n~I.(S ~f:~1 TV TN\' D~E Octob~r 26. 2005 PAY TOTHE ORDER OF CITV 01= CEMTEI':VIll.E 1$ ~)(~~~:rL'I'(;~65 ,OOOOC:)L OC:JIC1rS CASHIER'S CHECK III 2 2 B 2 b ~ III <I: 0 ~ ~ ~ ~ ? ~ b 0 I: l.? bOO 0 Jill (Ij CI) Q) .c:: Ci) =:3 ..Q to..... =:3 g, to..... .E =:3 g, ..::c: c:: <tl ~ N N o N :J:l:: A.. 'Qi (,) Q) 0:: 228269 75-1716/919 J !~ !. Ii DOLLARS {D M> .' (i,.. ::~. tervifCe 'Estafiislid 1857 CITY COUNCIL WORK SESSION & MEETING Wednesday, October 26, 2005 6:30 P.M. COUNCIL MEETING L CALL TO ORDER 1. Roll Call Work Session will follow the Re~ularly Scheduled Meetin~ n. APPROVAL OF AGENDA m. APPROVAL OF COUNCIL MINUTES 1. October 12, 2005 City Council Meeting Minutes (page 1-12) 2. October 12, 2005 City Council Closed Work Session Meeting Minutes (page 13) IV. CONSENT AGENDA 1. City of Centerville October 13, 2005 through October 26, 2005 Oaims (page 14) 2. Centennial Fire District October 13, 2005 Claims (page 15) 3. Telemetry Process Control, Ine. Pay Request #2 for Supervisory Control and Data Acquisition Project - $30,185.68 (page 16 - 19) 4. Telemetry Process Control, Inc. - Change Order #1 for Supervisory Control and Data Acquisition Project - $,2.355.00 (page 20 - 21 ) 5. Maquire Iron Inc. Pay Request # 12 for 500,000 Gallon Elevated Water Tower - $5,951.75 (page 22 - 24 ) 6. Parks & Recreation Committee Recommendation to Advertise and Hire for the Position of Part-Time Ice Rink Attendants (page 25 - 26 ) 7. Res. #05-049 - Assessing Fees Associated with 6923 TourviUe Circle Cleanup (Housekeeping) (page 27) V. AWARDSIPRESENTATIONS/APPEARANCES 1. Mr. Roger Womer, Centennial School District Superintendent VL PUBLIC BEARINGS VIL NEW BUSINESS 1. Purchase of Topo Maps from Lino Lakes (54,200) - Entire CenterviUe (page 28) 2. Res. #05-050 - The City Council Promoting the Use of Intrastate Mutual- Aid Agreement (page 29 - 30) 3. Res. #05-051- The City Council Designation of the National Incident Management System (NIMS) as the basis for All Incident Management in Centerville (page 31-32) vm. OLD BUSINESS 1. CSAH 14 Widening Project (Memorandum of Un den tanding) (Page 33 -37) 2. Possible Closed Meeting to Discuss Outstanding Litigation (R. Hugger Case) 3. 1601 LaMotte Drive - (page 38 - Update) IX. ANNOUNCEMENTSIUPDA TES 1. City Administrator, Mr. Dallas Lanon 2. Downtown Redevelopment Planning (Update) 3. Correspondence 4. Successful Completion of Alcohol Sales Compliance Check (page 39) 5. 2006 Liquor and Tobacco Licensing (page 40 - Update) x. ADJOURNMENT COUNCIL WORK SESSION I. CALL TO ORDER 1. Roll Call II. DISCUSSION ITEMS 1. Penonnel Policy m. ADJOURN * * REMINDERS * * Downtown Taskforce/Steering Committee (Downtown Redevelopment) - October 25,2005 (6:30 p.m.) (Council Chambers) ------,.---T -~---.,---- i J CITY OF CENTERVILLE CITY COUNCIL MEETING OCTOBER 12, 2005 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on October 12,2005, at City Hall, 1880 Main Street. STAFF: Mayor Capra Council Member Lee Council Member Lakso Council Member Paar (6:37 p.m.) Council Member Terwa t None. 0 City Attorney Mr. Hoeft City Engineer Mr. Peterson City Administrator Mr. Larson ed PRESENT: ABSENT: I. CALL TO ORDER Mayor Capra called the October 12,2005, City Council meeting to order at 6:30 p.m. II. SET AGENDA The following items were added to the Agenda: Correct date for both Minutes to September 28, 2005. Correct Consent Agenda item 1, claim dollars. Correct Consent Agenda item 6, dollars to $5,951.75. New Business: Add Mound Trail water main extension $6,439; Supporting the requirement of a holding a Referendum for the funding of a sports stadium; and Establishing hook-up charges for the Mound Trail water and/or sewer mains. Executive Session following approval of the agenda for legal counsel, items to be discussed are pending litigation: Royal Oaks Realty and forfeiture ofFord F350 truck. Motion bv Council Member Lee. seconded bv Council Member Lakso to aoorove the A2enda as amended. All in favor. Motion carried unanimouslv. Council recessed to closed session at 6:35 p.m. , City of Centerville Council Meeting Minutes October 12, 2005 Council reconvened the meeting at 7:30 p.m. m. APPROVAL OF COUNCIL MINUTES 1. September 28. 2005 City Council Meeting Minutes This item was considered later in the agenda. 2. September 28. 2005 City Council Work Session Meeting Minutes This item was considered later in the agenda. IV. CONSENT AGENDA 1. City ofCenterville September 29,2005 through October 12,2005 Claims 2. Centennial Fire District September 29, 2005 Claims 3. Centennial Fire District Quarterly Claim 4. State Fire Aid Disbursement to Centennial Fire District - $149,114.00 5. Attendance of the Financial Management Training - Finance Director - $20 6. Maguire Iron Pay Request #12 - $8,552.53 (Water Tower Project) These items were considered later in the agenda. V. AWARDS~RESENTATION~APPEARANCES 1. Anoka County Commissioner Rhonda Sivgarajah (CSAHI4 Widening Project- MOD) This item was considered later in the agenda. 2. Mr. Terry Sweeney - Use of 1694 Sorel Street (Lions Haunted House) Mr. Sweeney stated he is present on behalf of the Centerville Lions Club and is requesting permission to use the building at 1694 Sorel Street for this years haunted house. Council Member Lakso asked if they are also asking to use the area for a hayride. Mr. Sweeney replied correct and if any damages occur they will be taken care of Motion bv Counell Member Lee- seconded bv Counell Member Terwav to aoorove the CenterviUe Lions Club's use of 1694 Sorel Street for oumoses of eonduetin2 their haunted house and hayrides for October 21. 22 28 & 29. 2005. All in favor. Motion carried unanimouslv. 1. Anoka County Commissioner Rhonda Sivgarajah (CSAHI4 Widening Proiect- MOD) Page 2 of 12 Z- City of Centerville Council Meeting Minutes October 12, 2005 Ms. Sivgarajah stated the MOD is a concept plan and the joint powers agreement binds the City and County. Council Member Lee asked if a non-signature on the agreement would prevent the City from going ahead with the plans. Ms. Sivgarajah replied if the final design is not approved, the County could move ahead to the next phase but would have to go through an arbitration process and it could eventually be abandoned. She added all details are not possible until the final design phase because it fine-tunes all the details in the project. Mayor Capra stated the City needs to put in items that state if they change; the City needs notification before signing the joint powers agreement. Ms. Sivgarajah replied they are hoping the process moves forward quickly because there are parcels of land that need to be acquired by September 1 of next year; otherwise federal funds are at risk. Mayor Capra asked for an explanation of economic remnants. Ms. Sivgarajah replied an adjacent property owner could make a swap with land depending on the property value. Mayor Capra asked about stormwater runoff. Ms. Sivgarajah replied the issue has previously been discussed and the County is willing to work with the City. Mayor Capra asked about the cost of the trail. Mr. Larson replied he asked Anoka County Parks to take over the trail; however, they indicated they are not prepared to do so but will help the City in applying for grant funds. Mayor Capra asked about the property behind City Hall. Mr. Larson replied the County was going to initiate an appraisal and hopefully it can still be a part of the mix. Ms. Sivgarajah replied the County has asked for that parcel to be given for the project. Mayor Capra asked about the crossing of Main Street. Ms. Sivgarajah replied if there is a trail to Main Street they would be open to having a sign and striping. Council Member Terway commented with the fuel costs increasing and the longer that there is a disagreement; the greater the cost of the project and the less funding that will be received. Ms. Sivgarajah replied as the project has developed, costs have increased. She added the County should have responded in a timely manner. Council Member Lakso asked if she sees any significant changes with 21 st Avenue or medians. Ms. Sivgarajah replied she does not see the medians changing or a stoplight at 21 st Avenue. Council Member Lee stated the project is being done to move traffic from A to B, but there needs to be significant changes to the MOD. He added the project is happening to the City not for the City. Page 3 of 12 3 City of Centerville Council Meeting Minutes October 12, 2005 Council Member Paar stated Centerville is the most affected City of the project. He added he is in favor of the project but feels it will be redone in the future. Ms. Sivgarajah stated the scope of the project has changed drastically and it will impact the City; however, benefits include cost savings on items such as water and sewer. She added the MOD needs to be signed in order to start the final design. VL PUBLIC HEARINGS 1. Mr. Don Martin - 6923 Tourville Circle - Yard Cleanup/Special Assessment - $627.50 Motion bv Council Member Lakso. seconded bv Council Member Pur to ooen the Dublic heannS! at 8:10 D.m. All in favor. Motion carried unanimouslv. There was no one wishing to speak. Motion bv Council Member Lee. seconded bv Council Member Lakso to close the Dublic hearinS! at 8:11 D.m. All in favor. Motion carried unanimouslv. Motion bv Council Member Terwav. seconded bv Council Member Lee to aDDrove the soecial assessment of $627.50 as Dresented. All in favor. Motion carried unanimouslv. VII. NEW BUSINESS 1. Resolution #05-045 - Appointment of Police Chief This item was considered later in the agenda. 2. Resolution #05-046 - Fund Closeout 2005 This item was considered later in the agenda. 3. Planning and Zoning Commission Recommendation Regarding Snowmobile Use (Ordinance #17-A) Ordinance #87 This item was considered later in the agenda. 4. Change Order # 1 - Mound Trail Water Main Extension This item was considered later in the agenda. 5. Resolution #05-047 - Supporting the Requirement of Holding a Referendum for the Funding ofa Sports Stadium (Vikings) This item was considered later in the agenda. Page 4 of 12 LI City of Centerville Council Meeting Minutes October 12,2005 6. Resolution #05-048 - Establishing Hook-Up Charge to Mound Trail Water and/or Sewer Mains This item was considered later in the agenda. VIII. OLD BUSINESS 1. DocklBridges - DrainagelUtility Easements (Reconsider?) Council Member Paar stated this issue was discussed at the last meeting, noting the consensus was to consider bridges the same as docks. Motion bv Council Member Paar_ seconded bv Council Member Lee to recall the orisdnal motion for the removal of brid2es in draina2e1utilitv easements. All in favor. Motion carried unanimouslv. Council Member Paar stated bridges must be accessed for drainage/utility easements, but they need to have a permit and an inspection by Public Works. He added bridges should be downscaled such as with no railings. Council Member Lee suggested the problem might lie with the size of the easement. Mr. Peterson replied usually the amount of easement granted is due to the depth or width. Mr. Larson stated an agreement needs to be signed that if the bridge needs to be moved for the City, the property owners would it. Mayor Capra replied Council could write guidelines to protect the City. Council Member Terway stated a structure is fine if that is the only way to access land but the City needs to ensure bridges are not popping up allover town. He added they should be allowed only with a written agreement and permit, noting the owner pays all costs incurred if the City has to go in and maintain. Council Member Paar stated Public Works could verify the necessity. Mr. Larson stated if insurance is required, permits should be renewed annually to ensure owners have insurance. Council Member Paar asked what if the property owner sells their property. Mr. Larson replied the encroachment agreement should be recorded. Council Member Lakso how many accommodations will the City be making. Mr. Larson replied he believes there is less than a dozen. Council Member Lee asked of the dozen, how many are a necessity? Mayor Capra replied all of them that she is aware of Page 5 of 12 5 City of Centerville Council Meeting Minutes October 12, 2005 Mayor Capra stated there needs to be proof of necessity guidelines, an encroachment agreement, an annual permit, and insurance requirements. Motion bv Council Member Terwav~ seconded bv Council Member Pur to direct Plannin2 & Zonin2 Commission to prepare 2uidelines re2ardin2 brid2es - draina2e1 easements. AD in favor. Motion carried unanimouslv. Motion bv Council Member ~ seconded bv Council Member Terwav to defer anv action until further notice. AD in favor. Motion carried unanimouslY. 2. Mr. Richard S. Carlson & Assoc. Request for Reduction of Letter of Credit (}lunters Crossing 2nd Addition) This item was considered later in the agenda. 3. Sedona Homes (Centerville Office Park) - Comprehensive Sign Plan This item was considered later in the agenda. 4. Sedona Homes (Centerville Office Park) - Boundary Landscaping Mr. Larson stated the proposal was reviewed and approved providing they stop at the back of the building so there is room for grading and drainage. The property will be fenced at a later date. Mr. Larson added that Sedona Homes is doing the landscaping at their own expense; therefore, the motion should include that they need to maintain the drainage. Council Member Lakso stated the developer should maintain trees. Mr. Hoeft replied concerns are maintenance and upkeep, and space assessment needs. Mayor Capra stated if encroaching on City property, there must be some kind of agreement. Motion bv Council Member Terwav~ seconded bv Council Member Lee to direct StafT to prepare an a2reement aBBrovin2 Sedona Homes CCenterville Office Park) boundary landsC8Bin2 with the stiBulation the develooer maintains draina2e and trees at their exoens~ and then to the association~ as oresented. AD in favor. Motion carried unanimouslY. 3. Sedona Homes (Centerville Office Park) - Comprehensive Sign Plan Mr. Larson stated the Planning Commission recommended approval of a proposed internally lit, monument type sign with a changeable board, a second sign in phase IT; and a sign on each building space with the name of the tenant. Page 6 of 12 ~ City of Centerville COlDlcil Meeting Minutes October 12,2005 Motion bv Council Member Terwav. seconded bv Council Member Paar to aoorove Sedona Homes (Centerville Office Park) comorehensive sit!n olan as oresented. AD in favor. Motion carried unanimouslY. Council Member Lakso asked if there would be a sign stating the management contact information. Sedona representative replied any tenant could provide this information. IX. ANNOUNCEMENTS/UPDA TES 1. City Administrator. Mr. Dallas Larson This item was considered later in the agenda. 2. 1601 LaMotte Drive - (Update) This item was considered later in the agenda. 3. Downtown Redevelopment Planning (Update) This item was considered later in the agenda. 4. Correspondence This item was considered later in the agenda. ID. APPROVAL OF COUNCIL MINUTES 1. September 28. 2005 City Council Meeting Minutes Mayor Capra requested the following changes: On page 3 of 9, 12th paragraph, change do to does. On page 5 of9, 5th paragraph, change the Mayor to a Council Member. On page 6 of 9, paragraph 2, add these between allowing and docks. On page 8 of 9, 15th paragraph, change EDA to EDC. Motion bv Council Member Lee. seconded bv Council Member Paar to aoorove the Seotember 28. 2005 City Council Meetint! Minutes as amended. All in favor. Motion carried. 2. September 28. 2005 City Council Work Session Meeting Minutes Motion bv Council Member Lee. seconded bv Council Member Pur to aoorove the Seotember 28. 2005 City Council Work Session Meetint! Minutes as oresented. All in favor. Motion carried (Terwav abstained). Page 7 of 12 1 City of Centerville CoWlci1 Meeting Minutes October 12, 2005 IV. CONSENT AGENDA 1. City ofCenterville September 29,2005 through October 12,2005 Claims 2. Centennial Fire District September 29,2005 Claims 3. Centennial Fire District Quarterly Claim 4. State Fire Aid Disbursement to Centennial Fire District - $149,114.00 5. Attendance of the Financial Management Training - Finance Director - $20 6. Maguire Iron Pay Request #12 - $8,552.53 (Water Tower Project) Council Member Lakso requested that claim check 20693 be removed for discussion. Motion bv Council Member Lakso. seconded bv Council Member Pur to aoorove Consent A2enda Items 2 throu2h 6 as oresented. AD in favor. Motion carried unanimouslv. Council Member Lakso asked what is the City paying for. Mr. Larson replied the company provides a service to the City. Motion bv Council Member Lakso. seconded bv Council Member Terwav to aoorove Consent A2enda Item 1 as oresented. All in favor. Motion carried unanimouslv . VII. NEW BUSINESS 1. Resolution #05-045 - Appointment of Police Chief Council Member Lee stated Council was previously asked if they would like to consider and appoint the interim police chief as police chief. He added the Centennial Lakes Joint Powers Governing Board unanimously would like to approve the appointment. Motion bv Council Member Terwav. seconded bv Council Member Paar to aoorove Resolution #05-045 as oresented. AD in favor. Motion carried unanimouslv. 2. Resolution #05-046 - Fund Closeout 2005 Mr. Larson stated this resolution provides the opportunity to close funds that have been on the books for several years; all requirements have been met. He added the reason some funds have minus dollars is because the project ran over but assessments were already established so there is no opportunity to recover these dollars. Motion bv Council Member Lee. seconded bv Council Member Pur to aoorove Resolution #05-046 as oresented. AD in favor. Motion carried unanimouslv. Page 8 of 12 8 City of Centerville Council Meeting Minutes October 12,2005 7. Planning and Zoning Commission Recommendation Regarding Snowmobile Use (Ordinance #17-A) Mr. Larson stated this ordinance is an amendment by the Planning & Zoning Commission. He noted a sub-committee was created to resolve conflicts between property owners and snowmobilers and they came back with recommendations after a public hearing. Specifically, the ordinance notes a direct route in and out and the banning of studs. Another recommendation suggests the City help in enforcing the rules by provide pamphlets with rules and signage. Council Member Lakso asked about hours of operation and if the concern is noise. Mr. Larson replied use is restricted after certain hours; noise is one of the issues. Council Member Paar noted this ordinance is one step closer to banning snowmobiles. Motion bv Council Member Pur. seconded bv Council Member Lee to aoorove Ordinance #87 amendinf! Ordinance #17-A {Snowmobiles}. AD in favor. Motion carried unanimouslv. 8. Change Order #1 - Mound Trail Water Main Extension Mr. Peterson stated this change order enables the pipeline to be increased. Motion bv Council Member Lee. seconded bv Council Member Terwav to aoorove Chane:e Order #1 as oresented. AD in favor. Motion carried unanimouslv. 9. Resolution #05-047 - Supporting the Requirement of Holding a Referendum for the Funding of a Sports Stadium (Vikings) Mayor Capra stated the resolution supports holding a referendum, as stated by law, for the funding of a sports stadium. She suggested only the City of Blaine look at doubling their sales tax to 1.5% and vote on the referendum because they would benefit. Council Member Paar requested on Now Therefore Be It Resolved, government be changed to governing. Motion bv Council Member Lakso. seconded bv Council Member Paar to aoorove Resolution #05-047 as oresented with the one minor word chane:e. AD in favor. Motion carried unanimouslv. 10. Resolution #05-048 - Establishing Hook-Up Charge to Mound Trail Water and/or Sewer Mains Mr. Larson stated the project is moving forward as planned. A few property owners asked what hooking on costs would be. The proposed final cost is $4,850 in lieu of an Page 9 of 12 q City of Centerville Council Meeting Minutes October 12,2005 assessment, which does not provided a service line to the property line; the property owners will have to pay for this as an additional cost. Motion bv Council Member Terwav. seconded bv Council Member Lee to aoorove Resolution #05-048 as oresented. All in favor. Motion carried unanimouslv. vm. OLD BUSINESS (Continued) 2. Mr. Richard S. Carlson & Assoc. Request for Reduction of Letter of Credit (Hunters Crossing 2nd Addition) Mr. Larson stated the development agreement provides for a letter of credit for completed items. He added some items were not completed; therefore, the numbers were adjusted and agreed upon with the developer. Mr. Peterson stated he is comfortable with the credit amount. Mayor Capra asked what is the actual dollar amount. Mr. Peterson replied $135,450.00. Motion bv Council Member Lee. seconded bv Council Member Paar to aoorove Mr. Richard S. Carlson & Assoc.. roouest for reduction of letter of credit as oresented. All in favor. Motion carried unanimouslv. IX. ANNOUNCEMENTSIUPDA TES 1. City Administrator. Mr. Dallas Larson Mr. Larson stated a Rice Creek permit has been submitted for the backage road. There is a list requesting items to be done, whereby, one is soil borings in the amount of $1980, which dollars were previously authorized to covers this. He added they would like to do borings before the ground freezes. Mayor Capra asked about a time frame. Mr. Larson replied hopefully by the end of the year. He added if Council wants to authorize up to an additional $15,000 the rest could be completed and the City would be able to recover these costs. Motion bv Council Member Lee. seconded bv Council Member Lakso to aoorove an additional $15.000 in exoenditures as oresented. All in favor. Motion carried unanimouslv. 2. 160 1 LaMotte Drive - (Update) Mr. Larson stated at the last meeting Council authorized the submittal of a purchase agreement. The check was sent back noting they gave the City their price and that there were items in the agreement they did not like, such as the deed. There is the perception if Page 10 of 12 ,0 City of Centerville COlmcil Meeting Minutes October 12,2005 the City bUls the lot it reduces the lot next door. He added he would like to meet on October 18 and see if they are able to negotiate. Mayor Capra stated she is comfortable with the meeting. Council Member Lee asked if the City is moving forward with eminent domain. Mr. Larson replied it would be deferred. 3. Downtown Redevelopment Planning (Update) Council Member T erway stated there were definite opinions discussed during the meeting; there will be controversy but the redevelopment needs to move forward. Mr. Larson stated the strongest opinions given were by those who live closest to the proposed development area and should be weighed heavily. Council Member Lakso stated this is grant money; it is not coming out of the general fund. Council Member Lee stated this is a decision for the community as a whole. Council Member Lakso stated the Park and Rec Commission is looking at play structures. Council Member Lee stated the Police Commission talked about not getting a grant but still need a back up generator. Council Member Paar stated the EDC still has not met. 4. Correspondence Mayor Capra reviewed correspondence with Council and Staff Council recessed to closed session at 9:38 p.m. x. CWSED EXECUTIVE SESSION- PERFORMANCE APPRAISAL (6 MONTH)- CITY ADMINISTRATOR Transcribed by: Cheryl Felix, Recording Secretary TimeSaver Off Site Secretarial, Inc. The City Council of Centerville, Minnesota met in a closed session on Wednesday, October 12, 2005, at 10:00 p.m. in City Hall. Present were Mayor Mary Capra, Council members Richard Terway, Michelle Lakso, Tom Lee and JeffPaar. Also present were Administrator Dallas Larson and Jim Hoeft, City Attorney. The purpose of the closed meeting was to complete a six-month personnel evaluation of City Administrator Dallas Larson. Page 11 of 12 1\ City of Centerville Council Meeting Minutes October 12, 2005 The Council discussed their impressions of City Administrator, Dallas Larson during the employment interview and asked for feedback from Mr. Larson on how things have been going. Mr. Larson indicated that he felt that the position was a good fit and thought that things have gone very well. Mr. Larson was excused from the meeting. The Council completed their written evaluation forms and discussed the evaluation process. The meeting was reopened to the public at 10:15 p.m. The Council reported the results of its review to City Administrator Larson, each in turn expressing their opinions on how he had met their expectations. Motion bv Council Member Terwav. seconded bv Council Member Paar that City Administrator Larson be sdven a satisfactory review and that due to exemolarv oerformance and in recHnition of Council's satisfaction with Mr. Larson's work. his salary be increased to an annual rate of $77.500 effective with the next Day oeriod and receive cost of livinS! adiustments commencinS! 2006 similar to other staff. All in favor. Motion carried unanimouslv. XL ADJOURNMENT The meeting was adjourned at 10:20 p.m. Dallas Larson, City Administrator Page 12 of 12 12... The City Council of Centerville, Minnesota met in a closed session on Wednesday, October 12, 2005, at 6:30 p.m. in City Hall. Present were Mayor Mary Capra, Council members Richard Terway, Michelle Lakso, Tom Lee and Jeff Paar. Also present were Administrator Dallas Larson and Jim Hoeft & Joan Quade of City Attorney's office. The purpose of the closed meeting was to hear a proposal for settidem relating to the lawsuit with Royal Oaks Realty, Inc. and to review the status ~ . relating to Ronald S. Hugger and related vehicle forfeiture. ~I n r u Joan Quade reported that th g IE: filed a Rule 68 settlement offer of $50,000. This means that if_awar were less than $50,000 the opposing party could be awarded their costs. The Council was not interested in settling for such a low amount, especially given that we are now prepared for trial. The attorney reviewed the procedures that will be followed by the court and noted that it is likely the council members that have been subpoenaed can be excused by the judge until their testimony is required. The notice will be posted of a special meeting at 9:00 a.m. at the Court House. Jim Hoeft reported that the attorney for Ronald Hugger has asked that his client be paid the value of the vehicle that was forfeited in error and sold to Lexington Fire Department. Since the proceeds of sale went to the Centennial Lakes Police Department, any refund should be paid from Police Department Funds. This will need to be approved by the Joint Powers Governing Board. Attorney Hoeft will advise Hugger's attorney of this fact. The meeting was reopened to the public at 7:25 p.m. Dallas Larson, City Administrator 13 Check 020703 020704 020705 020706 020707 020708 020709 020710 020711 020712 020713 020714 020715 020716 020717 020718 020719 020720 020721 020722 020723 020724 020725 020726 020727 020728 020729 020730 020731 020732 020733 020734 020735 020736 020737 Search Name POSTMASTER ALL STATE COMMUNICATIONS, ASSURANT EMPLOYEE BENEFITS AVLlC BARNA, GUZY & STEFFEN L TO BLAINE BROTHERS, INC. CENTERPOINT ENERGY CINGULAR WIRELESS CITIES DIGITAL CITY OF ST. PAUL GREENE, JON HERBSTER, DAVID & KELLY HESKETH, JAMES INSIGHT PUBLIC SECTOR INSTRUMENTAL RESEARCH INC KIEFER, RICHARD MAGUIRE IRON INC MENARDS - FOREST LAKE MET. COUNCIL ENV. SERVo (SDS) MINNESOTA DEPT OF PUBLIC NATIONWIDE RETIREMENT NOVAK ON SITE SANITATION OTTER LAKE ANIMAL CARE PUBLIC EMPLOYEES INS PUBLIC EMPLOYEES RETIREMENT ROSLANSKY,ROBERT SEH SOLHEID, WARREN STEPHAN, KIM TELEMETRY PROCESS CONTROLS, TIME SAVER TRU GREEN - CHEM LAWN US BANK* XCEL ENERGY erviLle 'f~5ti1ii(~4id .is');' CITY OF CENTERVILLE Paid Check Register October 2005 ChecK Amount $475.55 $3,476.56 $121.50 $485.00 $665.00 $2,466.46 $112.59 $130.77 $252.25 $107.77 $86.58 $2.23 $0.09 $357.13 $36.00 $75.18 $5,951.75 $111.93 $11,457.76 $25.00 $812.88 $37.48 $358.47 $48.38 $18,030.20 $1,937.51 $39.88 $1,516.25 $2.53 $24.30 $30,185.68 $195.25 $1,610.29 $1,218.27 $3,661.59 $86,076.06 Date 1 0/14/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 Comments 3RD QTR UTILITY BILLING POSTAGE WIRING CITY HALL - COMPLETION VOLUNTARY SHORT TERM DISABILITY - SERV THRU DEF COMP W/H 10-20-05 ST. PAUL REGIONAL WATER SERV - PURCHASE SERVICE 1986 FORD L8000 1694 SOREL ST - SERV THRU 10-14-05 - METER #1308068 B.1. CELL PHONE CHGS - SERVTHRU 10-9-05 DOCUMENT SCANNER CHECK SIZE ASPHALT OVER PAID FINAL UTILITY BILL - REFUND REFUND ON UTILITY ACCOUNT REFUND ON FINAL UTILITY BILL - OVER PAID CABLE-FREE DIGI WRLS CONNECTIV SEPTEMBER 2005 TESTING REFUND ON FINAL UTILITY BILL - OVER PAID -1850 FOX 500,000 GALLON ELEVATED WATER TOWER - PAY SUPPLIES SERV THRU NOVEMBER 2005 HAZARDOUS CHEMICAL INVENTORY FEE DEF COMP W/H 10-20-05 REPAIRS - 05 GMC - TEST ELECTRICAL SYSTEM TRACY MCBRIDE MEMORIAL PARK - SERV THRU 10-7-05 ANIMAL CARE 10-5-05 CLIENT # 24155 NOVEMBER 2005 HEALTH INS. PAYROLL W/H 10-20-05 REFUND ON FINAL UTILITY BILL - OVER PAID - 7068 EAGLE PROF. SERV - THRU 9-30-05 REIMBURSE FOR VAC. BELT FOR PW. REIMBURSE FOR MILEAGE - SEPTEMBER 2005 SCADA - PAY REQUEST #2 P & Z MEETING OCT 4 2005 LAWN CARE - TRACIE MCBRIDE MEM. PARK PARTS FOR JACK HAMMER 1600 LAMOTTE DR - BALLFIELD LIGHTS - SERV THRU PLEASE NOTE: There will be an updated list of disbursements for approval on October 26, 2005. Itf Centennial Fire District Check Register 10/13/2005 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME ACCOUNT AMOUNT 10/13/2005 14919 Aspen Mills 42120 - Uniform Expense 210.32 10/1312005 14920 Centennial Firefighter's Relief A.sscc. 43010 - Relief Association 6,935.00 10/13/2005 14921 City of Uno Lakes 41000 - Payroll Expenses 66,450.20 10/1312005 14922 Comcast 42180 - Office Supplies Expense 95.00 10/13/2005 14923 Emergency Apparatus Mainlenance 42000 - Vehicle Maintenance 2,483.62 10/1312005 14924 Fratlallone's Hardware 42230 - Cleaning Supplies 78.74 10/1312005 14925 Kelly Demarest 42120 - Uniform Expense 119.48 10/13/2005 14926 LofIler Business Systems 42180 - Office Supplies Expense 14.79 10/13/2005 14927 Lynn CarcI Company 42180 - Office Supplies Expense 132.04 10/1312005 14928 Main Floral 42280 - Miscellaneous Expense 74.56 10/1312005 14929 McLeod USA 42240 - Telephone 361.08 10/1312005 14930 Metro Fire 42130 - Equipment Expense 464.27 10/1312005 14931 Mike T. PeIBrson 42190 - Fire Prevention Supplies 33.79 10/1312005 14932 Nextel 42240 - Telephone 145.52 10/13/2005 14933 Qwest 42240 - Telephone 221.52 10/1312005 14934 Summit Fire Protection 42110 - Other Maintenance 365.00 10/1312005 14935 Verizon Wireless 42240 - Telephone 94.21 10/13/2005 14936 XcelEnergy 42254 - Station 2 - Electric 648.74 10/13/2005 14937 Arthur Mohler 45010 - Safety Camp Expense 65.98 10/13/2005 14938 City of Uno Lakes 45010 - Safety Camp Expense 90.00 10/13/2005 14939 Meghanpage 45010 - Safety Camp Expense MJiQ Total 79,168.36 1 of 1 15 . n. Bonestroo R Rosene 1iI Anderlik & . u. Assodates Engineers & Architects Owner: City of Centerville, 1880 Main St., Centerville, MN 55038 Date: October 13, 2005 For Period: 7/1/2005 to 10/13/2005 Request No: 2 Contractor: Telemetrv Process Controls Inc., 5660 Memorial Ave. N., Stillwater, MN 55082 CONTRACTOR'S REQUEST FOR PAYMENT SUPERVISORY CONTROL AND DATA ACQUISITION PROJECT BRA FILE NO. 000616-04136-0 SUMMARY 1 Original Contract Amount $ 156,437.00 2 Change Order - Addition $ 2,355.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 158,792.00 5 Value Completed to Date $ 158,792.00 6 Material on Hand $ 0.00 7 Amount Eamed $ 158,792.00 8 Less Retainage 5% $ 7,939.60 9 Subtotal $ 150,852.40 10 Less Amount Paid Previously $ 120,666.72 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 $ 30.185.68 Recommended for Approval by: BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC. (~~-~ Approved by Contractor: TELEMETRY PROCESS CONTROLS INC. 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C') o co ....: .... o r-: N .... t.9- o o N m I'- cO 10 ..- t.9- iii 15 I- \~ PROJECT PAYMENT STATUS OWNER CITY OF CENTERVILLE BRA FILE NO. 000616-04136-0 CONTRACTOR TELEMETRY PROCESS CONTROLS INC. CHANGE ORDERS No. Date Description Amount 1 7/6/2005 This Change Order provides for the Contractor to furnish and $2,355.00 install a transducer for the new water tower. See ChanQe Order. Total Change Orders $2,355.00 PAYMENT SUMMARY No. From To Payment Retainage Completed 1 06/08/2005 06/30/05 120,666.72 6,350.88 127,017.60 2 07/01/2005 10/13/05 30,185.68 7,939.60 158,792.00 Material on Hand Total Payment to Date $150,852.40 OriQinal Contract $156,437.00 Retainage Pay No. 2 7,939.60 Change Orders $2,355.00 Total Amount Earned $158,792.00 Revised Contract $158,792.00 61604136REQ2.xls 19 JLlj Bonestroo -=- Rosene 'I\lI Anderlik & . \J. Associates Engineers & Architects Owner: City ofCentervilIe, 1880 Main St., CentervilIe, MN 55038 Date July 25, 2005 Contractor: Telemetry Process Controls Inc., 5660 Memorial Ave. N., Stillwater, MN 55082 Bond No: Bond Company: Granite Re Inc. ,14001 Quail Plaza Dr., Oklahoma City, OK 73134 GRMN23144A CHANGE ORDER NO. 1 SUPERVISORY CONTROL AND DATA ACQUISITION PROJECT B-RAFILE NO. 000616-04136"-0 Descriotion of Work This Change Order provides for the Contractor to furnish and install a pressure transmitter for the new water tower. A pressure transmitter measures the water system pressure and regulates the water level in the tower. The transmitter was not included in the original contract documents for the water and was overlooked during the design of the SCADA system. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO.1 FURNISH AND INSTALL PRESSURE LS $2,355.00 $2,355.00 TRANSMITTER AT THE NEW TOWER TOTAL CHANGE ORDER NO.1: $2,355.00 ;~" 6 I 604 136CHO1.xJs d\) Ori~alCoutractAmount Previous Change Orders This Change Order Revised Contract Amount (including this change order) $156,437.00 $0.00 $2,355.00 $158,792.00 . CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for [mal Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for [mal Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 14 wlL =---. Date: /o!t7 ~5- ! / Approved by Own~r: CITY OF CENTERVILLE -us Date Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 61604136CHOLxls ~\ " ~ Bonestroo -=- Rosene n Anderlik& lUl Assodates Engineers & Architects Owner: City of Centerville, 1880 Main St., Centerville, MN 55038 Date: October 7,2005 For Period: 8/1/2005 to 10/7/2005 Request No: 12 Contractor: Maauire Iron Inc., 1610 N. Minnesota Ave., Sioux Falls, SO 57104 CONTRACTOR'S REQUEST FOR PAYMENT. 500,000 GALLON ELEVATED WATER TOWER BRA FILE NO. 000616-03130-0 SUMMARY 1 Original Contract Amount $ 943,115.35 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 55,500.00 4 Revised Contract Amount $ 887,615.35 5 Value Completed to Date $ 870,031.10 6 Material on Hand $ 0.00 7 Amount Earned $ 870,031.10 8 Less Retainage 5% $ 43,501.56 9 Subtotal $ 826,529.55 10 Less Amount Paid Previously $ 820,577.79 11 liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 12 $ 5,951.75 Recommended for Approval by: BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC. Approved by Owner: CITY OF CENTERVILLE Specified Contract Completion Date: July 17, 2005 Date: 61603130 Req 12.xls d.;). Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date PART 1: BASE BID B - PEDESTAL SPHEROID CONSTRUCTION: 1 DESIGN DRAWINGS LS 1 25000.00 1 1 $25,000.00 2 FOUNDATION LS 1 210000.00 1 1 $210,000.00 3 STEEL FABRICATED TO SITE LS 1 235895.00 1 1 $235,895.00 4 FIELD ERECTION LS 1 138000.00 1 1 $138,000.00 5 FIELD PAINTING LS 1 190000.00 1 1 $190,000.00 6 FIELD ELECTRICAL LS 1 30000.00 1 1 $30,000.00 7 CATHODIC PROTECTION LS 1 8300.00 1 1 $8,300.00 TOTAL PART 1: BASE BID B - PEDESTAL SPHEROID CONSTRUCTION: $837,195.00 PART 2: FOUNDATION PILING - BASE BID B - PEDESTAL SPHEROID PILING: 8 9 - 5/8" D1A. CAST-IN-PLACE CONCRETE TEST PILE EA 2 1600.00 2 2 $3,200.00 9 9 - 5/8" D1A. CAST-IN-PLACE CONCRETE PILING, DRIVa LF 2080 17.00 2061 2061 $35,037.00 TOTAL PART 2: FOUNDATION PILING - BASE BID B - PEDESTAL SPHEROID PILING: $38,237.00 PART 3 - SITE WORK: 10 SALVAGE AND REINSTALL CHAIN LINK FENCE LF 24 29.15 24 24 $699.60 11 SALVAGE, STOCKPILE, AND RESPREADTOPSOIL LS 1 100.00 1 1 $100.00 12 REMOVE WATER MAIN LF 114 10.00 114 114 $1,140.00 13 REMOVE STREET SWEEPING MATERIAL CY 220 5.00 453 453 $2,265.00 14 SILT FENCE, REGULAR LF 600 3.00 588 588 $1,764.00 15 6' HIGH CHAIN LINK FENCE LF 135 18.45 $0.00 16 20' WIDE DOUBLE SWING GATE EA 1 1030.00 $0.00 17 TYPE 41 BITUMINOUS FOR DRIVEWAYS TN 40 40.00 $0.00 18 TYPE 31 BITUMINOUS BASE COURSE TN 50 40.00 $0.00 19 AGGREGATE BASE, CLASS 5,100% CRUSHED TN 700 20.00 $0.00 20 GEOTEXTILE FABRIC, TYPE V SY 360 2.00 $0.00 21 CONNECT TO EXISTING WATER MAIN EA 2 500.00 2 2 $1,000.00 22 16" PVC WATER MAIN LF 270 45.00 286 286 $12,870.00 23 16" DIP WATER MAIN, CLASS 52, INCL. POL YWRAP LF 115 40.00 110 110 $4,400.00 24 6" DIP WATER MAIN, CL. 52, INCL. POL YWRAP LF 10 25.00 18.5 18.5 $462.50 25 6" GATE VALVE AND BOX EA 1 650.00 2 2 $1,300.00 26 12" GATE VALVE AND BOX EA 1 1500.00 1 1 $1,500.00 27 16" GATE VALVE AND BOX EA 1 4000.00 1 1 $4,000.00 28 CAST IRON FITTINGS LB 2065 2.00 3089 3089 $6,178.00 29 INSTALL HYDRANT EA 1 1800.00 1 1 $1,800.00 30 OVERFLOW MANHOLE EA 1 2500.00 1 1 $2,500.00 31 15" RCP STORM SEWER LF 120 30.00 104 104 $3,120.00 32 15" RCP FLARED END SECTION EA 1 500.00 1 1 $500.00 33 CLASS III RIPRAP, PLACED AT FLARED END SECTION CY 5 100.00 5 5 $500.00 34 MNDOT SEED MIX 70A AC 0.2 5000.00 $0.00 35 WOOD FIBER BLANKET SY 500 5.00 800 800 $4,000.00 TOTAL PART 3 - SITE WORK: $50,099.10 CHANGE ORDER NO.1 1 ELIMINATE TANK EXTERIOR ILLUMINATION LS -7500.00 ($7,500.00) 2 ELIMINATE TANK CONTAINMENT REQUIREMENTS LS -48000.00 ($48,000.00) TOTAL CHANGE ORDER NO.1 ($55,500.00) TOTAL PART 1: BASE BID B - PEDESTAL SPHEROID CONSTRUCTION: TOTAL PART 2: FOUNDATION PILING - BASE BID B - PEDESTAL SPHEROID PILING: TOTAL PART 3 - SITE WORK: TOTAL CHANGE ORDER NO.1 TOTAL WORK COMPLETED TO DATE $837,195.00 $38,237.00 $50,099.10 ($55,500.00) $870,031.10 . 61603130 Req 12.x1s d) PROJECT PAYMENT STATUS OWNER CITY OF CENTERVILLE BRA FILE NO. 000616-03130-0 CONTRACTOR MAGUIRE IRON INC. CHANGE ORDERS No. Date Description Amount 1 2/9/2005 This Change Order provides a deduct for the Eliminating Tank ($55,500.00) Containment Requiriements and the removal of exterior illumination of the water tower at the Owners request. See Change Order. Total Change Orders ($55,500.00) PAYMENT SUMMARY No. From To Payment Retainage Completed 1 05/03/2004 05/31/04 64,825.15 3,411.85 68,237.00 2 06/01/2004 08/31/04 96,758.48 8,504.40 170,088.03 3 09/01/2004 09/30/04 325,200.20 25,620.20 512,404.03 4 10/01/2004 10/31/04 104,083.96 31,098.31 621,966.10 5 11/01/2004 12/31104 39,330.00 33,168.31 663,366.10 6 01/01/2005 01/31/05 19,665.00 34,203.31 684,066.10 7 02/01/2005 02/28/05 6,555.00 34,548.31 690,966.10 8 03/01/2005 04/30/05 33,725.00 36,323.31 726,466.10 9 05/01/2005 05/31/05 33,250.00 38,073.31 761,466.10 10 06/01/2005 06/30105 40,945.00 40,228.31 804,566.10 11 07/01/2005 07/31/05 56,240.00 43,188.31 863,766.10 12 08/01/2005 10107/05 5,951.75 43,501.56 870,031.10 Material on Hand Total Pavment to Date $826,529.55 OriQinal Contract $943,115.35 Retainaoe Pay No. 12 43,501.56 Chanoe Orders ($55,500.00) Total Amount Eamed $870,031.10 Revised Contract $887,615.35 61603130 Req 12.xls dL\ . TO: Honorable Mayor & City Council Members FROM: Kim Stephan SUBJECT: Hiring of Ice Rink Attendants for Laurie LaMotte Memorial Park DATE: October 17, 2005 The following recommendation was made by the Parks & Recreation Committee at the October 5, 2005 regularly scheduled committee meeting. Hirinl! of Ice Rink Attendants for Laurie LaMotte Memorial Park The posting from the 2004-2005 season for the Ice Rink Attendant's position was included in the packet for the committee's review. Chairperson Peterson questioned whether the committee felt anything needed to be changed. The committee went over the schedule, when to post, what to pay and how to interview. Chairperson Peterson had previously met with City Administrator Larson to determine how he would like the interviewing process to work. In previous years Chairperson Peterson was involved in the process and supervised the rink attendants once hired. This has worked well in the past and if the committee and City Administrator are in agreement, Chairperson Peterson would like to continue being part of the interview process, as well as supervising the rink attendants. The rink hours will remain the same as in previous years, with dedicated Centennial Hockey Association time also remaining the same. It will be recommended to City Council that five (5) attendants be hired as this number has worked well in previous years. The starting wage would be $8.50 an hour, with those who are returning for a second or third year receiving a .25 per hour increase per year of employment as a rink attendant. Staff will post the notice in the Quad Community Press as taking applications from November 23 to December 13, 2005. Motion was made by Committee Member Peil, seconded by Committee Member Seeley to recommend to City Council that five (5) part-time Ice Rink Attendants be hired for a seasonal position, starting pay at $8.50 per hour, with no benefits. All in favor. Motion carried unanimously. J5 Part-Time Ice Rink Attendants Wanted The City of Centerville will be accepting applications for Ice Rink Attendants from November 23, 2005 through December 13, 2005. 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. ":<'0 -- ----------------- tervi{{e T-sta6{isliei 1857 1880 :Main Street . Centerviffe,:MJ{ 55038 (651) 429-3232 . PClJ( (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION # 05-049 A RESOLUTION ASSESSING FEES ASSOCIATED WITH THE CITY RECOUPING ITS COSTS FOR PUBLIC WORKS' CLEANUP OF THE PROPERTY KNOWN AS 6923 TOURVILLE CIRCLE, CENTERVILLE, MINNESOTA (pIN #R23-31-22-31-0018) WHEREAS, the City requested that the property owner abate debris (ladders, hoses, lawnmowers, etc.) (Nuisance) from the property on numerous occasions (January 21, 2005, December 14, 2004, and July 30,2004); and WHEREAS, the City provided proper notification of the above requests along with the appeal process (via certified mail); and WHEREAS, the City provided proper notification of its right to reimburse itself for the associated cleanup costs through the 429.101 process if said violation was not abated within its given timeframe and Council ordered its cleanup on February 11,2005; and WHEREAS, the owner of the property was given proper notification of a public hearing (October 12, 2005) to consider the assessment of $627.50 to be placed on the property taxes of PIN #R23-31-22-31-0018 payable in 2006. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA: 1) That the Finance Director or the City Clerk of the City of Centerville forward this resolution to the Anoka County Property Tax Division for the assessment of $627.50 to be placed on PIN #R23-31-22-31-0018 payable in 2006 for expenditures associate with the cleanup at the residence on February 11, 2005. Adopted by the City Council of Centerville on October 26, 2005. Mayor, Mary Capra Attest: City Clerk, Teresa Bender ;).7 Page 1 of 1 Dallas Larson From: Michael Grochala [michael.grochala@ci.lino-Iakes.mn.us] Sent: Friday, August 26, 20054:20 PM To: Dallas Larson Subject: RE: Topo maps Dallas, I'm still verifying everthing but at this point our total estimated cost for the topo is approximately $60,000. This comes to approximately $1,670 per sq. mi. I think Centerville is approximately 2.5 sq. mi. +/- so we'd be looking at approximately $4,200 for your cost. The product is 2 ft.dtm/contour mapping. Delivery will be in the form of AutoCad.dwg and/or ARC files with 3d contours and a 3d-dtm file (I don't really know what all that means but my engineers tell me thats what we want). The mapping will merge directly with the 1/2 ft. color orthos now under production for Anoka County. Costs for the orthos will be set by the county and are not included in the number. I follow up next week but I think this is good for budgeting purposes Michael Grochala Community Development Director City of Lino Lakes 600 Town Center Parkway (651) 982-2427 michael.grochala@ci.lino-Iakes.mn.us From: Dallas Larson [mailto:dlarson@centervillemn.com] Sent: Thursday, August 18, 2005 9:50 AM To: Michael Grochala Subject: Topo maps Mike, You were going to send me the information on your topo mapping project. Please do so, I want to make sure that I have funds available in my budget to acquire the Centerville portion and about 1000 feet beyond our borders. Thanks. Dallas .~~ 10/12/2005 tervi{{e 'Estab{ished 1857 1880 :Main Street . CentervilIe,:M:N 55038 (651) 429-3232 . PaJ( (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION NO. 05-050 RESOLUTION OF THE CITY COUNCIL PROMOTING THE USE OF INTRASTATE MUTUAL-AID AGREEMENTS WHEREAS, Chapter 12, Section 12.331 allows for Intrastate Mutual Aid, and direct, timely assistance between jurisdictions is critical~ and WHEREAS, the possibility of the occurrence of natural and other disasters of major size and destructiveness exists and is increasing~ and WHEREAS, there is a need to ensure that preparations of City of Centerville will be adequate to deal with disasters~ generally protect the public peace, health, and safety~ and preserve the lives and property of the people of the state~ and WHEREAS, it is necessary to provide for the rendering of mutual aid among the political subdivisions of the state and to cooperate with the federal government with respect to carrying out emergency management functions~ and WHEREAS, it is the policy of Minnesota that all emergency response functions of this state be coordinated to the maximum extent with the comparable functions of the state government, including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparations and uses may be made of the state's labor supply, resources, and facilities for dealing with any disaster that may occur~ and WHEREAS, the director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual-aid arrangements for reciprocal emergency management, aid and assistance in an emergency or: disaster too great to be dealt with unassisted. These arrangements must be consistent with the local " emergency operations plan and, in time of emergency, each local organization for emergency maIlY:g~ment and its members shall render assistance in accordance with the provisions of the "mutual-aid arrangements; and NOW, THEREFORE, be.:it resolved that the City of Centerville promotes the efficiency and effectiveness of intrastate mutual aid by designating the Governmental Services, Division Manager or his ~~llf;W, who, exercising discretion and considering the needs of the political subdivision and its inhabitants, to dispatch equipment and personnel as ~q considered necessary if a danger of fire, hazard, casualty, or another similar occurrence exists outside the political subdivision and by its suddenness it would be impractical for the governing body of the City of Centerville itself to authorize the dispatch of equipment and personnel to combat that emergency or disaster. . Adopted this _ day of October, 2005. Mary Capra, Mayor ATTEST: Teresa Bender, City Clerk (SEAL) 30 tervi{{e Tsta6{isliecf 1857 1880 :Main Street . Centerviffe,:MJV 55038 (651) 429-3232 . PaJ( (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION NO. 05-051 RESOLUTION OF THE CITY COUNCIL DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN CENTERVILLE WHEREAS, the President of the United States of America issued Homeland Security Presidential Directive 5 to enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive National Incident Management System (NIMS);and WHEREAS, the President, in Homeland Security Presidential Directive 5, tasked the secretary of the U.S. Department of Homeland Security to develop and administer a National Incident Management System; and WHEREAS, the secretary of the U.S. Department of Homeland Security developed and administered the National Incident Management System (NIMS) to provide for interoperability and compatibility among federal, state, and local capabilities, the NIMS will include: a core set of concepts, principles, terminology, and technologies covering the incident command system; multi-agency coordination systems; unified command; training; identification and management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources; and WHEREAS, Minnesota Governor Tim Pawlenty issued Executive Order OS-02: designation of the National Incident Management System (NIMS) as the basis for all Incident Management in the State of Minnesota; and WHEREAS, the collective input and guidance from all federal, state, local, and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation, and utilization of a comprehensive NIMS; and WHEREAS, it is necessary and desirable that all Centerville agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and 3\ WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, arid resources will improve the ability, of Centerville to utilize federal funding to enhance local and state agency readiness, maintain fIrst responder safety, and streamline incident management processes; and WHEREAS, the Incident Command System components of the NIMS are already an integral part of various incident management activities throughout Centerville, including current emergency management training programs; and WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System; arid NOW, THEREFORE, the Council of the City of Centerville does hereby establish the National Incident Management System (NIMS) as the City of Centerville standard for incident management. Adopted this _ day of October, 2005. Mary Capr~ Mayor Attest: .>~g:r.er,esa Bender, ~\W Clerk 3~ DATED July 29, 2005 MEMORANDUM OF UNDERSTANDING FOR THE RECONSTRUCTION OF COUNTY STATE AID HIGHWAY 14 (MAIN STREET) BETWEEN 1-35 WAND 1-35 E IN THE CITIES OF CENTERVILLE AND LINO LAKES, MINNESOTA (S.P. 02-614-24) This Memorandum of Understanding (MOD) is between the County of Anoka, State of M.~$'ota, a political subdivision of the State of Minnesota, 2100 Third Avenue North, Anoka, Minnesota, 5 3, hereinafter referred to as "County", and the City of Centerville, a municipal cOIporation und aws of the State of Minnesota, 1880 Main Street, Centerville, Minnesota 55449 hereinafter as the "City". The parties to this MOU agree in principle that construction of County State PlI, .ect No. 0 Project No. collectively referred to as the "Project" is in t interest of th and that the Preliminary Layout as shown in Exhibit "A" defines the the Project. E Street Mound Trail Peltier Lake D Lavalle Drive (private Lakeland. oth co Cent Pr vi and accepted by the parties nstruction documents. Any "A" ayout will require approval ers Agreement (JP A) that st share to include any It is agreed that the Exhibit "A" Layout dated July 29,2005 ha except as identified in this MOU and is suitable for preparati significant changes made hereafter to the design as presented in the by the parties as an amendment to this MOU or addressed in a separate will formalize this MOU. These same changes will require a change in the additional design engineering cost that may occur. INTERSECTIONS: As agreed by the parties, improvements to following Exhibit "A" Layout design: Street intersections have been incorporated in the 11. S11 12. Brian 13. Cotton 14. 21st A It is understood that future improvements may be required at the CSAH 14 and 21st Avenue N intersection to accommodate improvements for the future interchange at 1-35 E. It is understood that improvements will need to be made to CSAH 21 and County Road 54 in the future as development occurs. Improvements may include but are not limited to: tum lanes, through lanes, extension of concrete medians. The parties will meet jointly to consider any future improvements. The costs of these improvements will be determined at the time of construction and may be shared by the County, City and Developer. Page 1 ofS H:\Highway 14 Project\Centerville02-614-24MOU7-29-05.doc 33 RIGHT OF WAY: The parties agree that the County will acquire all necessary right-of-way and easements for the Project. Acquisition of any additional right-of-way and/or easements needed for the improvements to the City street intersections beyond what is defined in the Exhibit "A" Layout will be the responsibility of the City. The parties agree that parcels required for the project that are owned by the City will be conveyed to the County at no cost to the County. The parties agree that any properties acquired by the County within Centerville that are in excess of the right-of-way needed for the pr~jeg~and are-"uneco*o:rnic remnants" shall be conveyed to the city. The city shall have the first right of refu~U!QPurchase marketable excess property at appraised market values that the county has purchased. It is agreed by the parties that the City shall . Qrm all special assessment searches required for the Project at no cost to the County. It is agreed by th~ arties that all necessary right of way and easements will be in legal possession of the County prio ../if ceptance of bids for the project. .. BITUMINOUS TRAIL AND CONCRETE SIDEWALK: The parties agree that the construction of the bituminous trail and con te sidewalk are eligip for federal funds and that all matching funds will be contributed by the City. e parti derstand that the cost for the trail and walk includes: bituminous and concrete surfacing, ag - rains if required, soil correction, excavation, borrow material (granular and topsoilYo' lishment. The parties agree that the County will pay for the design of the trail and walk, wetland miti quired by impacts caused by the trail and walk, the additional right of way and easements required to con e trail and walk at the proper location, and any removal items, wi~ the except~~ll()f,~oils, required to c ~~ ru~t.the trail and walk. Anoka County will apply for funds through the Metro "Parlcs{1ti"ail Pro am for ossibler~imbursement to the City after construction. A traffic signal is anticipated at the the signal will be installed with constructed at CSAH 14/Ce stop condition will be m . population, the costs of the si . TRAFFIC SIGNALS: ~Oth Avenue N) intersection. The parties agree that s are met. The parties agree that conduit will be intersec . for a future signal; howe~~!, the existing four-way ed. un...........................'......al............,....l..:..s..... installed. Because Cen....t.e...rv.' ille is a City under 5,000 als on this projec:tip-~;~9Iely the County's expense. The intersection at in reconstruct achieved i ,rtfited to a right-in, right-out condition until the interchange at 1-35E ttache he layout presents how access to the south of Main Street will be mple on of the 1-35E interchange. The partie perform soil Lake and Cent correction and. d agree that CSAH 14 will be closed with traffic detoured for a period of time to n, construct the new bridge over Rice Creek, and possibly a land bridge between Peltier e Lake. The closure will be limited to the period of time required to complete the soil onstruct two paved lanes in the area requiring soil correction and construct the bridge(s). DRIVEWAYS: The parties agree that all driveways affected by the Project will be reconstructed in kind with the cost of any upgrades requested by the City including concrete aprons to be the responsibility of the City. Tum-arounds on driveways will be paid for by the County. LANDSCAPING/STREETSCAPING: Page 2 of 5 H:\Highway 14 Project'Centerville02-614-24MOU7-29-05.doc 3Y The parties agree that if the City wishes to include landscaping/streets cape features in the Project, they shall be designed in accordance with Anoka County Highway Department Landscape/Streetscape Guidelines. The cost of the design and construction of these features will be the responsibility of the City. The City shall provide all construction documents including plans, specifications, and estimated quantities and cost to the County for inclusion in the project bid documents. All construction documents must be submitted to the County by April 30, 2006. UTILITIES: The parties agree that the Exhibit "A" Layout does include specific proposed uti!" ns. The City will be responsible ,for the design of any sanitary sewer and water main improveme~/s, w IC in the project bid documents. The cost of the design and construction of thes~'f~atures wil responsibility ofthe City. The City's design of the sanitary sewer and w in utilities are clude plans, specifications, and estimated quantities and cost. All construc . documents must be subInitted to the County by April 30, 2006. CROSSWALKS AND PARKING: .e~t. The City agrees to Watershed District. The City e City including utilities, and PERMITS: Crosswalks will be evaluated and installed onlyif~er~weet warrants ofan engineering study. On-street parking in the downtown area shall be preserved and e@anced to the maximum extent possible. PONDS: The ponds north of Main Street and east of 20th.A.~e~~~;'represent a "placeholder" fot the stormwater ponding needs at that end of the project. The County will~Pft~th the City to explore alternate ponding locations either with the project or at a later date if the reloq~ti?~iS cost effective and provides the quantitative and qualitative needs of the required stormwater manag~Iii~Qt. HAC 1f,S:f,. ..-7' '" The Coun d s rt the city's effort to construct a backage road between 20th and 21 st Avenues approximate t south of CSAH 14. The c~~t~!~e right-of-way acquisition, engineering and construction wo,,;. be solely that of the City. Th€;\,~i~ty would consider a share of this cost if this route could be used to the County's benefit as a detour ()f byPass route to aid in the construction of CSAH 14. SUMMARY: Upon acceptance and signatures by the parties of this MOU, a separate joint powers agreement for cost share and maintenance will be prepared by the County for execution by the City and the County prior to acceptance of bids for this project. The joint powers agreeme~t tp,follow will formalize all estimated and actual cost shares. The parties recognize the difficult nature ()ftQjs project and every effort will be made to reduce the impacts to adjoining properties. Construction work will be staged to continue daily access to the properties that do not have alternate access. Page 3 of 5 H:\Highway 14 Project'CentervilIeOZ-614-24MOU7-Z9-05.doc 35 In the interim, the attached Exhibit "C" provides an estimate of the c~nstruction cost share of the Project and Exhibit "D" outlines County policy for cost splits on construction projects. \ Page 4 of 5 H:\Highway 14 Project\CentervilIe02-614-24MOU7-29-05.doc 3\0 1" , t '. COUNTY OF ANOKA CITY OF CENTERVILLE By: By: Margaret Langfeld, Chair Anoka County Board of Commissioners Mary Capra Mayor Dated: Dated: Dated: ATTEST: By: By: John "Jay" McLinden Anoka County Administrator By: By: Name By: By: Name Page 5 of5 H:\Highway 14 Projecl'Cenlerville02-614-24MOU7-29-05.doc 31 ervi[[e 1880 ;,Wain Street, Ccntcroille. 'M'N 55038 651-429-3232 or <F~ 651-429-8629 'Esta6[L4ied"lB57 October 21,2005 Memo to CouIlcil arid Park Board: On October 20,2005, John Meyer and I met \\<,th representatives ofSt. Paul Regional Water Services, Steve Schneider-General Manager, Bill Tschida-Unit Supervisor and Matt Anfang- Board Member. We disc\.lssed the outstanding question of the City OfCenterville purchasing the surplus property south of the water pumping station on Centerville Lake. As you know, we were not getting anywhere with them in trying to buy the northerly portion of the property (1601 Lamott) due to their contention that the remaining parcel would be diminished in value if we created a park on the portion we have been considering. As an alternative, we discussed purchasing the entire surplus property, which is basically two lots. Their appraisal indicated a "ready to build" residential value of $336,000 each for a total value of $672,000. It is clear that they would need to do certain things to make the lots ready to build, including relocating a watermain and removal of an existing dwelling. The cost of those two items is roughly $60,000 for the pipe relocation and $30-$40,000 for the removal ofthe dwelling. That would net the Water Board around $572,000. We suggested that the City OfCenterville might be willing to purchase all of the propeIty for $500,000. After some discussion, they thought they could support a "split the difference" price of$536,000. They also agreed that they will accept one-third down ($178,667) and two equal annual payments of one-third each with interest at 6% on the outstanding balance. They will provide a title insurance commitment at their expense. The City Of Centerville would need to do the demolition at its expense, but could probably get a better cost if rolled together with the demolition on the East Block 7 redevelopment. The Water Board wiII retain easements on the pipeline in its current location, but will work with us if the City later decides to relocate the pipelines and will adjust the easements accordingly. They will retain the flowage easement along the shoreline, but the City will have ownership of the land to the ordinary high water mark. The only conditions that they expressed were that they would want to see the home torn down within a reasonable time after the city takes possession (six months+-) and that the property not be used as a "dog park." This is a very nice piece of property and one that the City should probably not allow to get away. The opportunity to get public access lake frontage in the city will soon pass and may not ever present itself again. The payment schedule would offer a chance to see what park fees will be available over the nexi year or so and if the city decided it could not afford to keep the entire parcel, a lot could be sold and the City could recover at least half its costs. Dallas Larson, City Administrator 3~ Officer Dale N. Bernardy Centennial Lakes Police Department 200 Civic Heights Circle Circle Pines MN 55014 763-784-2501 October 18, 2005 Dallas Larson City Administrator 1880 Main 8t. Centerville MN 55038 Mr. Larson, During the alcohol sales compliance check that was conducted on October 3rd all of the businesses in your city that are licensed to sell alcohol passed the check. The checks of the alcohol businesses were checked at the request of the Centennial Lakes Police Governing Board. I directed an underage buyer into these businesses for the purposes of ensuring that the businesses are taking the appropriate measures to sell their alcohol products to adults. I am pleased by the results of the past alcohol checks and hope that the additional check that will be conducted in the near future will have the same success rate. Sincerely, <-~.. ..... UI~l.\\' D. Bernardy #117 CLPD Alcohol Compliance Officer 3<1 Memo. .' TO: Honorable Mayor and Council Members FROM: Teresa Bender, City Clerk y:,f-;., . SUBJECT: 2006 Liquor and Tobacco Licensing (Update) DATE: October 17,2005 On October 3, 2005 the City received liquor renewal forms from the Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety. On October 5, 2005 staff forwarded, to current licensees, the appropriate applications and a cover letter requesting that the completed forms be turned into City Hall by October 31, 2005. It is anticipated that the proper background checks will be completed by the Centennial Lakes Police Department by your 1 st meeting in November. 4Q