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Home My WebLink About2004-08-25 WS & CC Meeting eroil{e CITY WORK SESSION & COUNCIL MEETING Wednesday, August 25, 2004 5:30 p.m. & 6:30 p.m. (Respectively) WORK SESSION L CALL TO ORDER 1. Roll Call n. ITEMS OF DISCUSSION 1. Finance Director Position 2. Personnel Policy (Bring your copy) III. ADJOURN COUNCIL MEETING L CALL TO ORDER 1. Roll Call APPROVAL OF AGENDA n. III. APPROVAL OF COUNCIL MINUTES M-Ofuiy...,-R>r AI jt'Clr](l~.,J- ~ Gi<e~ 'Sx-. c..r,.<<:iY'- August 11, 2004 City Council Meeting Minutes 1. .~ I.' ;. ~pv' 1. ~~ 2. 3. 4. 5. CONSENT AGENDA City of Centerville August 12, 2004 through August 25, 2004 Oaims Centennial Fire District Claims through August 16, 2004 Stork Twin City Testiug - $1,334.50 (Hunters Crossing 2"'" Addition) Stork Twin City Testing - 52,589.00 (2004 Street Project) Stork Twin City Testing - $177.00 (peltier Preserve) V. A W ARDSIPRESENTATIONSlAPPEARANCES f~!~~ VL 1. M~"P~"lll~'1~! ,.It ~i11 B1ek ~t~.. dlkdC\'e19pmellt - v':f - 7 ,. , D.. PUBUC H .f~Gs- 3-' Pf:.1;XA"k-t-ReP3 ~I vn. NEW BUSINESS , ^ ~/ Q~ Qwest Lease/Agreement (1875 Fox Run) C[~ ~ Res. #04-041 - ICMA (Legislative Body - 457 Deferred Compo Plan) 3. Color Scheme - Water Tower 'i-: tx.J-rL 0W\ ~S€.>.L.e.. Ln' /'. . ii. ,? LOC~4 . '1TOJ-<..-; C-<<'lPI.aj5. CloJfLy. ~'t'h~r-- eyn.e....+- ~ reL-/u-v l."-~ - v (0- kJ(uv ru.j&r 3D <=h:-<fS --~ vm. OLD BUSINESS American PublishinglLMC Codification Service - Ordinance Codification Gassen Companies Request to Move Mailboxes Located at 1854 Pioneer Lane to Another Location (Service 1861 Pioneer & 7005 Eagle Trail) , (Tabled from Previous Meeting) ~3.~0Iice Budget (Tabled from Previous Meeting) ~ Purchase Agreement, 1601 LaMotte Drive (Update) W? Storm Drainage on Center Street (Clarification - Staff, Special Assessments?) ~ IX. ANNOUNCEMENTSIUPDATES ~ 2004 Street Project (Tom P.) 12:'"" Eagle Pass - (Tom P. Update) V 1540 Peltier Lake Drive (Update) V Chauncey Barett Gardens, Phase n (Update) ~ S, 2- \lc"p.::;;.."-<:,,,- --r,,?.m 'F':.t&:J F~';"~(-".'s X. ADJOURNMENT ,..;; '? .. L ,;"'" L,,,, <'_c, r. '"""--' 0/~-"".:,v_-n"n._ ........ - - . ',- " Jicc(~U ()at& f!('ui:t:i ~~ Q ~:~ Ie ~J-z4-~ ~ -!v.dc~M 4-1,"~~k , /c'~dlU)~ " '!:x '\ 'YL~' \L~ FLtrb-it i'l1-- (4-(.r-f (Jc2k~t-" , , ; , LJI:y/.fvJ-Yv ~L1 t C L? /JJ JC C.::'-';;:~/[2L '- v~' A~J' ol"-rlCL/ tM~ { .. r (i~= CITY WORK SESSION & COUNCIL MEETING Wednesday, August 25, 2004 5:30 p.m. & 6:30 p.m. (Respectively) WORK SESSION L CALL TO ORDER 1. Roll Call n ITEMS OF DISCUSSION 1. Finance Director Position 2. Personnel Policy (Bring your copy) In ADJOURN COUNCIL MEETING L CALL TO ORDER 1. Roll Call IL APPROVAL OF AGENDA m. APPROVAL OF COUNCIL MINUTES 1. August 11, 2004 City Council Meeting Minutes IV. CONSENT AGENDA 1. City of Centerville August 12, 2004 through August 25, 2004 Oaims 2. Centennial Fire District Claims through August 16,2004 3. Stork Twin City Testing - $1,334.50 (Hunters Crossing 2"" Addition) 4. Stork Twin City Testing - $2,589.00 (2004 Street Project) 5. Stork Twin City Testing - $177.00 (peltier Preserve) V. A W ARDSIPRESENTA nONS/APPEARANCES .; 1. Mr. Paul Burke & Mr. Bill Bisek -Downtown Redevelopment , VL PUBLIC BEARINGS VIL NEW BUSINESS 1. Qwest Lease/Agreement (1875 Fox Run) 2. Res. #04-041 - ICMA (Legislative Body - 457 Deferred Compo Plan) 3. Color Scheme - Water Tower r Kim Moore-Sykes From: Sent: To: Cc: Tom Lee [TomLee@nol-tec.com] Friday, August 20, 2004 1 :58 PM ksykes@centervillemn.com Indyjp1@aol.com; capria@comcast.net; Ibroussardvickers@earthlink.net; terry@sweeneyconstruction.biz Kim, Subject: Kim, Please place the following on the next Council agenda under NEW Business. Request copies of all Drawings, Bid Specifications and related Documents I would like to discuss Boonestoo providing to Public Works, all of the documentation they have created for the city. The city has paid for this information and I would like to see that we have the ability to access it at will. Our former engineering firm did not do this and as a result, we have paid for but are unable to locate drawings of ATLEAST the warming house at LaMotte. Feel free to pretty up what you put on the agenda. Thomas A. Lee Nol-Tec Systems Mechanical Project Manager (651) 780-8600 ext 247 tomlee@nol-tec.com 1 ~ ..-' " '''' 'c. .." ^lvf~-- . .. . . .~ tr; .Jf; 7v"~~'s TBEFOLLOWING TWO (2) ISSUES NEED TO BE PLACE ON COUNCIL'S AGENDA g) /)w - ~ ~~, . 1) 'fyio w~ , j ~' i .~ I -.... -----..... , .. ~ 1 .. , I ~ ~ I' '.... ~?-~ ~I':>" "', ,ii ,........p.:. ;5,tV' I, ,;if--', - ,-.,/-,'" -,' ~.. -:~~. r """.......,...~_..~. , -l1 ' Ii' # r." '~'k j , ";~'''\i-~\, .JF -~"'" ".>11 'Ii ,')' ., ~ ". .....i-__ t;,. --"" --- t: 'i','r t ~ y:r,'--t'k;" '~ , ",,"17 ..;:.;.::... ~:! , ',.. t"'"""~'i.",. ,> ,1,_, "" I.....".. '..Y"" "'..'..'1.'..... ." 'I ..JIi , ~, .~ ....,.1,~. ,<,",." ,.. August 20, 2004 Teresa Bender City Clerk City of Centerville 1880 Main Street Centerville, MN 55038 Dear Ms. Bender, This letter is in response to your request for help, identifying a tree problem at 7052 Dupre Road in Centerville. I have inspected the tree and confirmed that the tree is an American Elm and is dying from Dutch Elm Disease. You have asked for my credentials. I am a graduate from the University of Minnesota with a BS degree from the College of Natural Resources. I have approximately 27 years experience working with urban resource issues, and in particular tree problems and care. Please call with any further questions. Thank you. Sincerely, Marty Asleson CITY OF CENTERVILLE CITY COUNCIL MEETING AUGUST 11, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on August 11, 2004, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Paar Council Member Broussard Vickerst Council Member Capra N Council Member Lee 0 None. . ABSENT: STAFF: City Administrator Ms. Moore-Sykes City Attorney Mr. Hoeft City Engineer Mr. Peterson L CALL TO ORDER Mayor Sweeney called the August 11,2004, City Council meeting to order at 6:30 p.m. II. SET AGENDA Mayor Sweeney added Resolution #04-040 Appointing Election Judges under New Business. Ms. Moore-Sykes requested that the proposal from Visu-Sewer be added under New Business. Motion bv Council Member Paar. seconded bv Council Member Lee to aoorove the agenda as amended. All in favor. Motion carried unanimouslv. IlL APPROVAL OF COUNCIL MINUTES 1. Julv 28. 2004 Council Meeting Minutes Council Member Capra requested the following changes: On Page 9, insert storm before the word sewer. On Page 10 change cable conunittee to commission. On Page 3 add that the lighted vests cost $200.00 each. City Council August 11, 2004 Meeting Miuutes Motion bv Council Member Canra. seconded bv Council Member Broussard Vickers to annrove the Julv 28. 2004 City Council Meetinl! Minutes as amended. All in favor. Motion carried unanimouslv. Council Member Lee abstained from voting as he was not present at the meeting. IV. CONSENT AGENDA 1. City ofCenterville July 28 through August 11, 2004 Claims 2. Centennial Fire District Claims through August 2, 2004 3. Pay Estimate #3, Drese\ Contracting (2004 Street Project) - $343,403.46 4. Pay Estimate #4, Northdale Construction Company (Hunter's Crossing, 2nd Addition, Phase I) - $112,494.07 5. Pay Estimate #4!R.evised, Dave Perkins Contracting, Inc., (peltier Preserve) - $39,894.78 6. Acceptance of Resignation of Ms. Bridget Backman, Economic Development Committee Council Member Lee requested that Item 3 be removed for discussion. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to annrove Consent Al!enda Items 1. 2. 4. 5. and 6 as nresented. All in favor. Motion carried unanimouslv. Council Member Lee asked whether the skate park pad had been corrected. Mr. Peterson indicated that it has not been but only a portion of the bituminous has been paid for. He then explained that they intend to correct the pad by heating it up and shaving off some asphalt and then smoothing it down. Council Member Lee indicated that if it looks bad or is rough he would not be in favor of it. Council indicated a willingness to try the recommended fix but said if it does not look right or does not work properly the City would ask that it be redone. Motion bv Council Member Broussard Vickers. seconded bv Council Member Canra to annrove Consent Al!enda Item 3 as nresented. All in favor. Motion carried unanimouslv. V. A W ARDS/PRESENTATIONS/APPEARANCES None. Page 2 of8 City Council August 11,2004 Meeting Mioutes VI. PUBLIC HEARINGS None. Vll. NEW BUSINESS 1. Resolution #04-038 Domestic Violence Awareness Month Motion by Council Member Capra. seconded by Conncil Member Broussard Vickers. to approve Resolution #04-038 as presented. All in favor. Motion carried unanimously. 2. Resolution #04-039 Accepting Bid for the 2004 Street Seal Coat Proiect Motion by Council Member Broussard Vickers. seconded by Council Member Paar. to aDD rove Resolution #04-039 awarding the bid for the seal coat proiect as Dresented and recommended bv the City Engineer. All in favor. Motion carried unanimonsly. 3. PolicylProcedures for City sign. Web Site & Cable Channel Usage (Community Events) Mayor Sweeney commented that, in his opinion, the separation of church and state has been misinterpreted and he interprets it to mean that the state cannot establish a religion and it does not state that the City cannot use its sign to advertise community events that may be held at a church. Council discussed the matter and agreed that Staff should use common sense and good judgment as to whether it is a community wide event and whether advertisement of it would be appropriate. 4. Police Budget A formal budget was not submitted for consideration. Council discussed the police budget briefly as well as discussing some issues that are arising with the three City police group. Council discussed the difficulties with the Police Commission and asked Staff to obtain a quote for police services from Lino Lakes, Anoka County, and provide the information previously prepared by Staff on the City having its own police department. Motion bv Council Member Broussard Vickers. seconded by Council Member Capra to table the Dolice budeet to the next meetine. All in favor. Motion carried unanimouslv. Page3 of8 City Council August 11, 2004 Meeting Miuutes Mayor Sweeney asked Ms. Moore-Sykes to provide the Joint Powers Agreement to Council for review as to whether the City can opt out of the agreement and, if so, how much that would cost the City. 5. Gassen Companies Request to Move Mailboxes Located at 1854 Pioneer Lane to Another Location (Service 1861 Pioneer & 7005 Eagle Trail Council discussed the request from Gassen Companies for relocation of mailboxes and asked Staff to contact them for further information, including a site plan and whether or not the residents affected by this approve of the relocation. Motion by Council Member Broussard Vickers. seconded by Council Member Lee to table this matter until further information is received from Gassen ComDanies. All in favor. Motion carried unanimouslv. 6. Resolution #04-040 Election Judges Ms. Moore-Sykes indicated that Staff recommends that Ms. Stephan be appointed as Interim Deputy Clerk to take filings and f1ling fees in the event that Ms. Bender is not available. Motion bv Council Member Lee. seconded bv Council Member Paar to aDD rove Resolution #04-040 as Dresented. All in favor. Motion carried unanimouslv. 7. Visu-Sewer Mr. Peterson explained that Visu-Sewer has submitted a bid to repair three sewer lines in the amount of$6,015.00. Motion bv Council Member CaDra. seconded by Council Member Paar to aDDrove the bid from Visu-Sewer in the amount of $6.015 as recommended bv the City Eneineer. All in favor. Motion carried unanimously. VITI. OLD BUSINESS 1. Ms. Betsy Scheller. 7389 Old Mill Road (Tabled) It has been determined that the proper governing authority to grant the waiver is Anoka County. This matter can be removed from the Agenda. 2. Personnel Policy Motion by Council Member Broussard Vickers. seconded bv Council Member Paar to table this matter to tbe SeDtember 1. 2004 buded work session. All in favor. Motion carried unanimously. Page 4 of8 City Council August 11, 2004 Meeting Minutes 3. Hiring Procedure (Tabled) Council Member Capra requested that the procedure be amended to indicate that the City Administrator will make a recommendation to Council for approval. Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approve the hirinl! nrocedures as amended. All in favor. Motion carried unanimously. A resident came to the meeting and complained that there are too many police near the 35E area in town because she got a ticket for passing on the right. She then said that not passing on the right is dangerous because you can be rear-ended. She further suggested that the police should target speeders on her road rather than the 35E area and suggested that it is ridiculous that there are five speed limit changes within one mile of her home. Council advised her to contact the Police Department with any speed enforcement suggestions. 4. Storm Drainage on Center Street (Tabled) No discussion. 5. Mr. Palzer Reimbursement Claim (Tabled) Motion bv Council Member Canra. seconded bv Council Member Broussard Vickers to ann rove the insurance reimbursement to Mr. Palzer at $18.80 ner week from January 1. 2003 to date ner his contract. Mayor Sweeney indicated it is his position that these amounts were paid and then some and that this situation was terminated when the City implemented the cafeteria plan. Council Member Broussard Vickers indicated that Council was not crystal clear on the matter and this would take care of the situation once and for all at a minimal expense to the City. VOTE: Aves - 4. Navs 1- (Sweeney). Motion carried. Motion bv Council Member Canra. seconded bv Council Member Paar to terminate the $18.80 ner week insurance reimbursement contract with Mr. Palzer effective immediatelv. All in favor. Motion carried unanimously. Page 5 of8 City Council August 11,2004 Meeting Minutes 6. Proiect Closeout Form (Tabled) Council informed Staff that Members would like to see a complete project management form that lists all the steps that must be completed before the project can be closed out rather than just a brief closeout form. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to table tbis matter to tbe Council Meeting in Mid-November. All in favor. Motion carried unanimouslv. Council asked that Staff have a form to be considered at the November meeting. 7. Ideas to Improve Council/StaffCommunicationlRelations Ms. Moore-Sykes indicated that there are communications issues right now and suggested it may be better to bring in a firm to assist with those before hiring for the new position and brining someone new into the situation. Council asked Staff to obtain two quotes that include price and what services that price includes for Council consideration. 8. Wedding Reception Trio Inn - Liquor License Reconsideration (Approved TemporarylEvent 3.2% Malt Liquor) Proposed Requested Modification to Temporary Event "On Sale" Liquor Ms. Moore-Sykes indicated that there was a misunderstanding between the Applicant and Staff in that Staff thought this was a request for 3.2 malt liquor but the applicants would like to have a full bar at the event and would need an "On Sale" license. Council Member Paar said he thought he remembered that the applicant had said there was a problem with the request and that it was for beer and wine. City Attorney Hoeft indicated that a 3.2 malt liquor license was approved and Council would need to reconsider and then amend the license if that is what it would like to approve. Council Member Capra indicated she was not in favor of changing from the 3.2. Motion bv Mavor Sweeney. seconded bv Council Member Paar to reconsider. Aves - 2. Navs - 3. Motion failed. IX. ANNOUNCEMENTSIUPDATES 1. Apple Tree Square Trailway Page 6 of8 City Council August 11, 2004 Meeting Minutes Ms. Moore-Sykes explained that Apple Tree Square does not have a developer's agreement. City Attorney Hoeft recommended sending a letter to Mr. Drilling indicating what the issue is and asking him to escrow money for the trail. 2. Eagle Pass Mr. Peterson indicated that it is possible to drain the area but that would take excavation and the removal oftrees. Council Member Paar indicated that residents told him that they were told that the trees would remain but that there would be drainage to the north. Council Member Broussard Vickers asked for a site plan that shows where all parties homes are located and where the various trees and drainage being discussed are located. Mr. Peterson explained that the drainage is not as it was planned on the grading map submitted. He then said that there is a high spot in the middle preventing flow. Council Member Broussard Vickers asked that a letter be sent indicating the problem, the solution to the problem, and a time frame for compliance. Council asked that it be done by September 1, 2004 or Council will authorize the work done. 3. Amt Construction (pheasant Marsh 2nd Addition) - $2.408.00 Mr. Peterson explained that the final wear course was to be installed in 2003 but, due to the fact that the development did not build out as planned, that was not done and bituminous costs have increased and Amt Construction is asking to be reimbursed for the extra amount. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to aDDrove the reauest of Am! Construction in the amount of $2.408.00 as recommended bv the City Enl!ineer. All in favor. Motion carried unanimouslv. 4. Construction of Water Tower Tower construction is to begin in early September with the foundation to be finished at the end of August. 5. Met Council Sewer Uodate (MCES) Council Member Capra informed Council that the Met Council is attempting to locate two huge tanks to hold overflow sewer ~ater in Hugo. Page 7 of8 ,- City Council August 11, 2004 Meeting Minutes 6. Purchase of 1601 LaMotte Drive (Tabled) City Attorney Hoeft indicated that he has a meeting set up later in the week to discuss the matter with the attorney for the seller. Council Member Lee asked whether there would be an executive session to discuss possible or pending litigation. City Attorney Hoeft indicated that if Council wishes to do so it is possible but said that the complaint of the City Administrator was discussed after the last meeting. Council Member Capra indicated that Council Member Lee wants to revisit that issue. Council Member Lee indicated he is concerned that it may appear that the City is doing nothing. City Attorney Hoeft indicated the City Council would be recessing to executive session to discuss the complaint of the City Administrator regarding hostile work environment. Mayor Sweeney indicated that Fete des Lacs went very well and thanked everyone who was involved to make the event a big success. Ms. Moore-Sykes provided information to Council from George Eilertson regarding funding a new police facility and on public finance. Ms. Moore-Sykes handed out information to Council from a man who would like to set up a woodworking shop and has asked about renting the Turcotte property. Ms. Moore-Sykes handed out a folder with information from Bill A1lond on entry signs. Ms. Moore-Sykes informed Council she had received a letter from a resident on Dupre concerned about the street project. She then provided a copy of the letter that was sent to them in response. Council recessed to executive session at 8:40 p.m. X. ADJOURNMENT Motion by Council Member XX. seconded by Council Member XX to adiourn the AU2ust 11. 2004 City Couucil Meetin2 at XX:XX D.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 8 of8 eroi[[e CITY OF CENTERVILLE 08/20/04 1 :12 PM Page 1 "Check Summary Register@) Name 10100 MAIN STREET BANK Paid Chk# 019472 ABBA TROPHY Paid Chk# 019473 AID ELECTRIC CORPORATION Paid Chk# 019474 CENTENNIAL LAKES POLICE Paid Chk# 019475 CLAY ALCOCK Paid Chk# 019476 D.J.'S MUNICIPAL SUPPLY CO. Paid Chk# 019477 GOPHER STATE ONE CALL INC Paid Chk# 019478 INSTRUMENTAL RESEARCH Paid Chk# 019479 MENARDS - FOREST LAKE Paid Chk# 019480 MILLS, MYRA Paid Chk# 019481 MINNEGASCO' Paid Chk# 019482 MR SIGN Paid Chk# 019483 PUBLIC EMPLOYEES INS paid Chk# 019494 STORK lWlN CITY TESTING Paid Chk# 019485 TIME SAVER Paid Chk# 019486 XCEL ENERGY Check Date AUGUST 25, 2004 Check Amt 8/25/2004 8/25/2004 8/25/2004 812512004 8/25/2004 8/25/2004 812512004 8125/2004 8/25/2004 8125/2004 8/25/2004 8/2512004 8125/2004 8/25/2004 8/25/2004 Total Checks $67.63 PLAQUE & PLASTIC SIGN - P & Z $125.05 TROUBLE SHOOT SIREN $29,583.69 SEPTEMBER HEALTH INS. $340.82 REFUND ESCROW FEE FOR STREET V $121.91 DRIVERS GLOVES $110.40 JULY SERVICE $34.00 JULY 2004 WATER SAMPLES $61.55 MATERIALS FOR DROP BOX $194.00 REFUND FEE - NO PUBLIC HEARING $11.33 6970 LAMOTTE DR - SERV THRU 8- $47.01 REPLACE BRIAN WAY & BRIAN DRIV $15,477.12 HEALTH & DENTAL & LIFE INS - S $4,100.50 HUNTER'S CROSSING 2ND - $299.00 P & Z MEETING 8-3-04 $1,943.73 1880 MAIN ST - SERV THRU 8-6-0 $52,517.74 .... Note: There will be an update handed out for disbursements on 8-25-04. Centennial Fire District Check Register 8/16/2004 ~, The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE 8/1312004 8/1312004 811312004 8/1312004 8/1312004 8/1312004 811312004 8/1312004 8/1312004 8/1312004 ~ u8/1312OO4 8/1312004 811312004 8/1312004 8/1312004 8/1312004 8/1312004 8/1312004 8/1312004 811312004 8/1312004 811312004 8/1312004 8/1312004 '- CHECK# NAME 14390 14391 14392 14393 14394 14395 14396 14397 14398 14398 14400 14401 14402 14403 14404 14405 14406 14407 14408 14409 14410 14411 14412 14413 Allina Education & Research BoundTree Medical Corneas! Emergency Apparatus Maintenance Fratlalone's Harcfware Lakeside Collision, Inc. Loffler Business Systems Mcleod USA Northern Tool & Equipment Company Qwest Red. RQOsler Auto StorQS XceJ Energy Grafix Shoppe Milo Bennett Brad Racutl Northern Safely Technology, Inc~ Cameron Haapoja Janet Haapoja Laura Louis Mark's Meat Products Viking Office Products Youth's Safely Company David Bruder Janet Haapoja ACCOUNT 42190 - Fire Prevention Supplies 42130 - Equipment Expense 421 SO - Office Supplies Expense 42000 - Vehicle Maintenance 42110 - Other Maintenance 42000 - Vehicle Maintenance 421 SO - Office Supplies Expense 42240 - Telephone Expense 42130 - Equipment Expense 42240 - Telephone Expense 4~ - Vehicle Maintenance 42254 - Station 2 - Electric 42000 - Vehicle Maintenance 421 SO - Office Supplies Expense 11100 - Fixed Asset - Equipment 11100 - Fixed Asset - Equipment 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010-Safety Camp Expense 45010 - Safely Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safely Camp Expense 1 of 1 AMOUNT 81.40 233.86 24.90 6,457.18 27.42 915.33 13~30 358.79 42~58 187.90 64.21 661.00 300.00 28.61 1,110.00 2,343.00 196.00 3.59 120.00 175.00 236.31 419.52 47.93 27.50 14,013.41 ~ - 1\11 Bonestroo Rosene Ander'ik & Associates Bonesfroo, Rosene, AndBrlik and Associates, Jnc. is an Affirmative Action/Equal Opportunity Employer Principals: Otto Bonastroo, P,E. n Joseph C. Anderlik, P.E. n Marvin L. Sorvala, P.E. 11 Richard E. Turner, P.E. n Glenn R. Cook, P.E, n Robert G. Schunichl, P.E. n Jerry A. Bourdon, P.E n RobertW. Rosene, PE and Susan M. Eberlin, C.P.A., Senior Consultants Associate Principals: Howard A. Sanford, P.E. n Keith A. Gordon, P.E. 11 Robert R. Pfefferle, P.E. n RichardW. Foster, P.E. n David O. Loskola, P.E. n Aobert C. Russak, A.IA n Mark A. Hanson, P.E. n Michael 1. Rautmann, P.E. n Ted K. Field, P.E. n Kenneth P. Anderson, P.E. n Mark R. Rolfs, P.E. n Sidney P. WiJ)iamson, P.E., LS. n Robert F. Kotsmith fl Agnes M. Ring Offices:SI. Paul, Rochester, Willmar and St. Cloud, MN n Milwaukee, WI Engineers & Architects August 10, 2004 Mr. Paul Palzer City of Centerville 1880 Main Street Centerville, MN 55038 RE: Invoice No.0043981IN from Stork Twin City Testing Hunter Crossing 2nd File No. 616-03-132 Dear Paul, Enclosed please find the invoice from Stork Twin City Testing for services they provided on the above referenced project. The work involved testing the concrete for the curb and gutter and for sampling the bituminous placed on the street within the development. It is our recommendation to pay Stork Twin City Testing in the amount of $1,334.50 for services rendered. Please call me if there are any questions or concerns. Very truly yours, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. $~/dL~ Daniel S. Schluender cc: Enclosure 2335 West Highway 36 n St. Paul, MN 55113 n 651-636-4600n Fax: 651-636-1311 . .;. .0 - 1\11 Bonestroo Rosene Ander.ik & Associates Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer Principals: Otto Bonestroo, P.E. n Joseph C. Anderlik, P.E. 11 Marvin L. Sorvala, P.E. n Aichard E. Turner, P.E. n Gtenn R. Cook, P.E, II Aobert G. Schunichl, P.E. n Jerry A. Bourdon, P.E. n Robert W. Rosene, P .E. and Susan M. Eberlin, C.P.A., Senior Consu\1an\s Associate Principals; Howard A. Sanford, P.E. n Keith A. Gordon, P.E. II Robert R. Pfefferle, P.E. n Richard W. Foster, P.E. n David Q. Loskota, P.E. n Robert C. Russak, A.I.A. 11 Mark A. Hanson, P.E, n Michael T. Raulmann, P.E. rJ Ted K Field, P.E. n Kenneth P. Anderson, P.E. n Mark R. Rolfs, P,E. 11 . Sidney P. Williamson, P.E., l.S. n Robert F. Kotsmith n Agnes M. Ring Offices: St. Paul, Rochester, Willmar and St. Cloud, MN rJ Milwaukee, WI Engineers & Architects August 10, 2004 Mr. Paul Palzer City of Centerville 1880 Main Street Centerville, MN 55038 RE: Invoice No.0043986IN from Stork Twin City Testing 2004 Street Improvements File No. 616-03-133 Dear Paul, Enclosed please find the invoice from Stork Twin City Testing for services they provided on the above referenced project. The work involved testing the concrete for the curb and gutter on Lamotte and Heritage, compaction tests on Shad and Center Street. It is our recommendation to pay Stork Twin City Testing in the amount of $2,589.00 for services rendered. Please call me if there are any questions or concerns. Very truly yours, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ;j~~~ Daniel S. Schluender cc: Enclosure 2335 West Highway 36 II Sf. Paul, MN 55113 II 651-636-4600 II Fax: 651-636-1311 ---- J{]J - 1\]1 Bonestroo Rosene Anderlik & Associates Bones/roo, Rosene, Anderlik and Associates, Inc. is an Affirmative ActionlEqual Opportunity Employer Principals: Otto BoneSlroQ, P.E. n Joseph C. Anderlik, P.E. 11 Marvin L. Sorvala, P.E. 11 Richard E. Turner, P.E. n Glenn R. Cook, P.E.Il Robert G. Schunicht, P.E. n Jerry A. Bourdon, P.E.ll AobertW. Rosene, P.E. and Susan M. Eberlin, C.P.A., Senior Consultants Associate Principals: Howard A. Sanford, P.E. n Keith A. Gordon, P.E. n Robert R. Pfefferle, P.E. 11 Richard W. Foster, P.E. rr David O. Loskota, P.E. n RobertC. Russak, A.I.A. n Mark A Hanson, P.E. 11 ,Michael T. Aautmann, P.E. II Ted K. Field, P.E. n Kenneth P. Anderson, P.E. n Mark R. Rolfs, P,E. n Sidney P. Williamson, P.E., L.S. n.Robert F. Kotsmithn Agnes M. Ring Offices: $1. Paul, Rochester, WiIlmar and St. Cloud, MN n Milwaukee, WI Engineers & Architects August 10, 2004 Mr. Paul Palzer City of Centerville 1880 Main Street Centerville, MN 55038 RE: Invoice No.0043971IN from Stork Twin City Testing Peltier Preserve File No. 616-03-129 Dear Paul, Enclosed please find the invoice from Stork Twin City Testing for services they provided on the above referenced project. The work involved testing the concrete for the sidewalk on Peltier Circle. It is our recommendation to pay Stork Twin City Testing in the amount of $177.00 for services rendered. Please call me if there are any questions or concerns. Very truly yours, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Daniel S. Schluender cc: Enclosure 2335 West Highway 36 fI St. Paul, MN 55113 fI 651-636-4600 fI Fax: 651-636-1311 NORTHLAND _SEe U RI TI ES 45 South 1h Street Suite 2500 Minneapolis, MN 55402 (800) 851~2920 (612) 851-5900 Fax (612) 851-5917 E X T ERN A L M E M 0 RAN DUM DATE: August 20, 2004 TO: Downtown Redevelopment Group CC: Kim Moore-Sykes, City Administrator FROM: Nick Skarich, Vice President, Partner Northland Public Finance RE: Centerville Downtown Redevelopment This is a response to the question regarding types of cost that would qualify as eligible for tax increment financing. Those costs would include: 1. Land Acquisition 2. Soils Correction 3. Site Preparation 4. Demolition 5. Infrastructure 6. Public Improvements 7. Parking Structures 8. Relocation 9. City Administrative Fees (10% of gross TIF) 10. Assessment Offsets Keep in mind that most public costs, and the need to establish a TIF district, would be driven by the City as they would be responsible for those costs and ultimately decide how they get paid for. Other costs such as parking, demolition, land acquisition, etc. that relate to specific properties would be driven by the private, and! or developers looking to redevelop the sites. Feel free to contact me with any questions at (612) 851-5907 or (800) 851-2920. Thank you. . Qwest Wireless, LL.C. 1801 California Street, 491h Floor DerNer, Co1Clado 80202 , . , Qwest--'2 Spirit of Service August 17,2004 (C(0)~y City of Centerville 1880 Mai n Street Centerville, MN 55038 " Re: I Site Lease Agreement, as amended (the "Agreement") Agreement Date: 2/5/1997 ' Site ID# MIN088 Lease! Agreement ID# MNRW00;21A Site Address: ("Property';)1875 Fox Run, CentervilIe, MN 55038 " , Dear Attn: City Treasurer: As you may know, Qwest Wireless, L.L.C. ("Qwest Wirelessn) recently entered into an agreement to sell substantially all its wireless' assets to Cellco Partnership d/b/a Venzon Wireless ("Verizon Wirelessn). Upon the closing of the transactions contempiated by the agreement, Verizon Wireless will own the transferred assets and Qwest Wireless will cease to operate its cellular telephone network. The transaction is expected to close in late 2004 or early 2005. ' , , In connection with this transaction, Qwest Wireless intends to assign your Lease/Agreement to Verizon Wireless or to an affiliate of Verizon Wireless (''Verizon Wireless Companyn). Qwest Wireless , will also be assigning its FCC license for the market ill which the Property is located to the Verizon Wireless Company. The Verizon Wireless Company will assume all of Qwest Wireless' responsibiliti~ and liabili ties under the Agreement, including the obligation to pay rent in accordance with the terms of the Agreement, to the extent arising after and attributable'to periods flfter the effective date of the assignment. Verizon Wireless has advised us that it expects the assignee to be an affiliate named Verizon Wireless (VA W) LLC. ' Under the terms of the Agreement, your written consent is required to complete lhi& a~signment. Once you have provided your consent, the assignment will become effective upon the closing of the transaction with Verizon Wireiess. Written confirmaiion will be sent to you following the completion of the assignment. ' We, therefore, respectfully request that you sign the attached Landlord's Consent and ret1irn this original document to me before September 7, 2004. Verizon Wireless has approved the attached landlord consent. Please keep the enclosed copy of this consent for your records. For your convenience. we have enclosed a self addressed, stamped envelope in which you may return your signed consent. Thank you in advance for your prompt attention to this request. If you have questions or require additional information, please contact Ken Nielsen at (651) 642-6279 or Tom Mulvey at (651) 642-6527. /ff;g4- Senior Attorney CONSENT TO ASSIGNMENT OF AGREEMENT Re: Site Lease Agreement, as amended (the "Agreement") . , Agreement Date: 2/5/1997 Site ID# MIN088 Lease/Agreement ID# MNRW0021A I Site Address: ("Property")1875 Fox Runl Centerville, MN 55038 The undersigned Landlord I Licensor I Landowner hereby consents to the assignment of the Agreement by Qwest Wireless, L.L.c.. to Cellco Partnership d/h/a Verizon Wireless or to one of Its affiliates, including Verizon Wireless (VA W) LLC, in accordance with the letter from Qwest Wireless, L.L~C. to the Landlord I Licensor I Landowner dated August 17,2004. Date: ,2004 City of Centerville By: Name: Title: By: Name: Title: n. q \Jh \ )\~ ~? 7J . \J. ~.~ ! {/6A.0~-J!l,,J- . ~ ~ ~. \{ ~ Finance Director Position ;fl/1 &,~-t: ,) Personnel Policy (Bring your copy) _ ~ b~. II m. ADJOURN cffi~. 7.3h ~ ~ COUNCIL MEETING /j~/c; M~ &d ervi{{e CITY WORK SESSION & COUNCIL MEETING Wednesday, ilugust25, 2004 5:30 p.m. & 6:30 p.m. (Respectively) WORK SESSION L CALL TO ORDER L Roll Call ITEMS OF DISCUSSION 1. 2. L CALL TO ORDER 1. Roll Call 9 /;HL, ~ ,,(!d/ ?'~ ( APPROVAL OF AGENDA n. m. APPROVAL OF COUNCll. MINUTES L August 11, 2004 City Council Meeting Minutes t!tJ~ -.'- fi, ~ CONSENT AGENDA ~,u ~ c/)uL IV. 1. City of Centerville August 12, 2004 through August 25, 2004 Claims 2. Centennial Fire District Claims through August 16, 2004 3. Stork Twin City Testing - $1,334.50 (Hunters Crossing 2nd Addition) 4. StorkTwin City Testing - $2,589.00 (2004 Street Project) 5. Stork Twin City Testing - $177.00 (peltier Preserve) V. A W ARDS/PRESENTATIONS/APPEARANCES 1. Mr. Panl Burke & Mr. Bill Bisek -Downtown Redevelopment VL PUBLIC HEARINGS vn. NEW BUSINESS 1. Qwest Lease/Agreement (1875 Fox Run) 2. Res. #04-041- ICMA (Legislative Body - 457 Deferred Compo Plan) 3. Color Scheme - Water Tower tervi[[e 'Estabfisfiet{ 1857 1880 Main Street . Centervilfei!M3iL 55038 (651) 429-3232 . 'Fa:( (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVlLLE RESOLUTION #04 - 041 A RESOLUTION APPOINTING ICMA RETIREMENT CORPORATION AS ONE OF THE CITY OF CENTERVlLLE'S 457 DEFERRED COMPENSATION PLAN PROVIDERS Account Number 30-5745 Name of Employer: City ofCenterville Title of Program Coordinator: City Administrator WHEREAS, the Employer has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the ~mployer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and WHEREAS, the Employer desires that its deferred compensation plan be administered by the ICMA Retirement Corporation, and that some or all of the funds held under such plan be invested in the VantageTrust Company, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA: I. Adopts the deferred compensation plan (the "Plan") in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust, referred to as Appendix A as one (1) of the City's deferred compensation plans that employees may choose from. BE IT FURTHER RESOLVED that the Employer hereby executes the Declaration of Trust of the VantageTrust Company, attached hereto as Appendix B, intending this execution to be operative with respect to ny retirement or deferred compensation plan subsequently established by the Employer, if the assets of the Ian are to be invested in the VantageTrust Company. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. BE IT FURTHER RESOLVED that the Plan: 1. Will not permit loans 2. Will not offer a Sidecar IRA program BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Plan. BE IT FURTHER RESOLVED that the City Administrator or hislher designee shall be the coordinator for this program; shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the VantageTrust Company; shall cast, on behalf of the Employer, any required votes under the VantageTrust Company; Administrative duties to cany out the plan may be assigned to the appropriate departments, and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental. to the administration of the plan. PASSED AND ADOPTED by the City Council this 25th day of August, 2004. Attest City Qerk Mayor eik;b.'+ A 457 Plan and Trust Document DEFERRED COMPENSATION PLAN & TRUST As Amended and Restated Effective January 1,2002 Article I. Purpose The Employer hereby establishes the Employer's Deferred Compensation Plan and Trust, heteaftet referred to as the "Plan." The Plan consists of the provisions set forrh in this document. The ptimary purpose of this Plan is to ptovide tetirement income and other deferred benefits to the Employees of the Employer and the Employees' Beneficiaries in accordance with the . provisions of Section 457 of the Internal Revenue Code of 1986, as amended (the "Code"). This Plan shall be an agteement solely between the Employet and participating Employees. The Plan and Trust fotming a part hereof are established and shall be maiotained fot the exclusive benefit of Participants and their Beneficiaries. No parr of the corpus or income of the Trust shall revert to the Employer or be used fot or diverted to purposes other than the exclusive benefir of Participants and their Beneficiaries. Article II. Definitions 2.01 Account: The bookkeeping account maiotained for each Participant reflecting the cumulative amount of the Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market value attributable to the Employer's investment of the Participant's Deferred Compensation, and furthet reflecting any distributions to the Participant or the Participant's Beneficiary and any fees or expenses charged agaiost such Participant's Deferred C~mpensation. 2 (, '\ccounting Date: Each business day that the New York Stock Exchange is open for t. ;, as provided in Section 6.06 for valuing the Trust's assets. 2. . Administrator: The person or persons named to carry out certain nondiscretionary administrative functions under the Plan, as hereinafter described. The Employer may remove any person as Administrator upon 60 days' advance notice in writing to such person, in which case the Employer shall name another person or persons to act as Administrator. The Administrator may resign upon 60 days' advance notice in writing to the Employer, in which case the Employer shall name another person or persons to act as Administrator. 2.04 Automatic Distribution Date: April 1 of the calendar year after the Plan Year the Participant attains age 70-1/2 or, if/ater, has a Severance Event. 2.05 Beneficiary: The person or persons designated by the Participanr in his or her Joinder Agteement who shall receive any benefits payable hereunder in the event of the Participant's death. In the event that the Participant names two or mOre Beneficiaries, each Beneficiary shall be entitled to equal shares of the benefits payable at the Parricipant's death, unless otherwise provided in the Participant's Joinder Agreement. If no beneficiary is designated in the Joinder Agreement, if the Designated Beneficiary predeceases the Participant, or if the designated Beneficiary does not survive the Participant for a period of fifteen (15) days, then .;, . . :f--':',- :"..*.l-;;~i~, -,;.< >_i-:-,:"'f';'~"'!i_'i:'';_~';<~~J,;;'~~@-1?{-e~~f~~~i.?~}f41~..;-;:~*t;::%,j,f.?~~~~-:k :~'i~~tp_:;~<f.~:~E'.:,~;.'1~~,:,,:~t;{~~~f.;~ 1 457 Plan and Trust Document the estate of the Participant shall be the Beneficiary. If a married Participant resides in a community or marital property st'l-te, the Participant shall be responsible for obtaining appropriate consent of his or her spouse in the event the Participant designates someone other than his or her Spouse as Beneficiary. The preceding sentence shall not apply with respect to a Deemed IRA under Article IX. 2.06 Deemed IRA: A separate account or annuity established under the Plan that complies with the requirements of Section 408(q) of the Code and any regulations promulgated thereunder. 2.07 Deferred Compensation: The amount ofIncludible Compensation otherwise payable to the Participant which the Participant and the Employer mutually agree to defer hereUnder, any amount credited to a Participant's Account by reason of a transfer under Section 6.09 or 6.10, a rollover under Section 6.11, or any other amount which the Employer agrees to credit to a Participanr's Account. 2.08 Dollar Limitation: The applicable dollar amount within the meaning of Section 457(b)(2)(A) of the Code, as adjusted for the cost-of-living in accordance with Section 457(e)(15) of the Code. 2.09 Employee: Any individual who provides services for rhe Employer, whether as an employee of the Employer or as an independent contractor, and who has been designated by the Employer as eligible to participate in the Plan. 2.10 Employer: ,which is a political subdivision, agency or instrUmentality of the [State/Commonwealth] of , described in Section 457(e)(1) (A) of the Code. 2,11 457 Carch-Up Dollar Limitation: Twice the Dollar Limitation. -:; .~. ~ i . < , '.,~, .. 2,12 Includible Compensation: Includible Compensation of a Participant means the "Participant's compensation," as defined in Section 415(c)(3) of the Code, for services performed for the Employer. Includible Compensation shall be determined without regard to any community property laws. Includible Compensation shall include any pre-tax contributions to an integral part trust of the employer providing retiree health care benefits. I :1 2.13 Joinder Agreement: An agreement entered into between an Employee and the Employer, including any amendments or modifications thereof. Such agreement shall fIX the amount of Deferred Compensation, specifY a preference among the investment alternatives designated by the Employer, designate the Employee's Beneficiary or Beneficiaries, and incorporate the terms, conditions, and provisions of the Plan by reference. 2.14 Normal Limitation: The maximum amount of Deferred Compensation for any Participant for any taxable year (other than amounts referred to in Sections 6.09, 6.10, and 6.11). ..~ 2.15 Normal Retirement Age: Age 70-112, unless the Participant has elected an alternate N orrnal Retirement Age by written instrument delivered to the Administrator prior to a Severance Event. A Participant's Normal Retirement Age determines the period during 2 457 Plan and Trust Document which a Participant may utilize the 457 Catch-Up Dollar Limitation of Section 5.02(b) hereunder. Once a Participant hM ro any extent utilized the catch-up limitation of Section 5.02(b), his Normal Redremenr Age may hot be changed. A Participant's alternate Normal Retirement Age may not be earlier than the earliest date that the Participant will become eligible to retire and receive immediate, unteduced retirement benefits under the Employer's basic defined benefit retirement plan covering the Participant (or a money purchase pension plan in which the Participant also participates if the Participant is not eligible to participate in a defined benefit plan), and may not be later than the date the Participant will attain age 70-1/2. If a Participant continues employment after attaining age 70-112, not having previously elected an alternate Normal Retirement Age, the Participant's alternate Normal Retirement Age shall not be later than the mandatory retirement age, if any, established by the Employer, or the age at willch the Participant actually has a Severance Event if the Employer has no mandatory retirement age. If the Participant will not become eligible to receive benefits under a basic defined benefit tetirement plan (or money purchase pension plan, if applicable) ma;nwned by the Employer, the Participant's alternate Normal Retirement Age may not be earlier than 65 and may not be later than age 70-112. In the event the Plan has Participants that illdude qualified police or firefighters (as defined under Section 415 (b) (2) (H) (ii) (I) of the Code), a normal retirement age may be designated for such qualified police or firefighters that is not earlier than age 40 or later than age 70-112. Alternatively, qualified police or firefighters may be permitted to designate a normal retirement age that is between age 40 and age 70-112. 2.16 Participant: Any Employee who has joilled the Plan pursuant to the requirements of Article N. For purposes of section 6.11 of the Plan, the term Participant includes a former Employee of the Employer. 2.17 Percentage Limitation: 100 percent of the participant's Induillble Compensation available to be contributed as Deferred Compensation for the taxable year. 2.18 Plan Year: The calendar year. 2.19 Retirement: The first date upon which both of the following shall have occurred wjth respect to a participant: Severance Event and atta;nment of age 65. 2.20 Severance Event: A severance of the Participant's employment wjth the Employer wjtilln the meaning of Section 457(d) (1) (A) (ii) of the Code. In general, a Participant shall be deemed to have experienced a Severance Event for purposes of tills Plan when, in accordance wjth the established practices of the Employer, the employment relationsillp is considered to have actually terminated. In the case of a Participant who is an independent contractor of the Employer, a Severance Event shall be deemed to have occurred when the Participant's contract under which services are performed. has completely expired and terminated, there is no foreseeable possibiliry that the Employer will renew the contract or enter inro a new contract for the Participanr's services, and it is nor anticipated that the Participant will become an Employee of the Employer, or such other events :is may be permitted under the Code. .' ~ ....' ", .~. -~. "..;,'.; ". 3 -=~~~~-"""~":""''':''-~'-----'---------'''--'-~-'-'-----'---- .- .~:"'-~_.-""'-~'--_"':-_. - -- . ,";' ~n;~E::~'':IT 457 Plan and Trust Document , 2.21 Trust: The Trust created under Article V1 oEthe Plan which shall consist of all compensation deferred under the Plan, plus any income and gains thereon, less any losses, expenses and distributions to Participants and Beneficiaries. Article III. Administration 3.01 Duties of the Employer: The Employer shall have the authority to make all discretionary decisions affecting the rights or benefits of Participants which may be required in the administration of this Plan. The Employer's decisions shall be afforded the maximum deference permitted by applicable law. - 3.02 Duties of Administrator: The Administrator, as agent for the Employer, shall perform nondiscretionary administrative functions in connectiori with the Plan, including the maintenance of Participants' Accounts, the provision of periodic reports of the status of each Account, and the disbursement of benefits on behalf of the Employer in accordance with the provisions of this Plan. Article N. Participation in the Plan 4.01 Initial Participation: An Employee may become a Participant by entering into a Joinder Agreement prior to the beginning of the calendar month in which the Joinder _ Agreement is to become effective to defer compensation not yet earned, or such other date as may be permitted under the Code. A new employee may defer compensation in the calendar month during which he or she first becomes an employee if a Joinder Agreement is entered into on or before the first day on which the employee performs services for the Employer. 4.02 Amendment of Joinder Agreement: A Participant may amend an executed Joinder Agreement to change the amount ofIncludible Compensation not yet earned which is to be deferred (including the reduction of such future deferrals to zero). Such amendment shill become effective as of the beginning of the calendar month commencing after the date the amendment is executed, or such other date as may be permitted under the Code. A Participant may at any time amend his or her Joinder Agreement to change the designated Beneficiary, and such amendment shall become effective immediately. Article V. Limitations on Deferrals 5.01 Normal Limitation: Except;lS provided in Section 5.02, the maximum amount of Deferred Compensation for any Participant for any taxable year, shall not exceed the lesser of the Dollar Limitation or the Percentage Limitation. 5.02 Catch-Up Limitations: (a) Catch-up Contributions for Participants Age 50 and Over: A Participant who has attained the age of 50 before the close of the Plan Year, and with respect to whom no other elective deferrals may be made to the Plan for the Plan Year by reason of the Normal Limitation of Section 5.01, may enter into a Joinder Agreement to make elective deferrals in addition to those permitted by the Normal Limitation in an amount not to exceed the lesser of (1) the applicable "'--' .-,.;,. '--"":. :' i . ~.~ '. '.' ~ . ~ . 4 457 Plan and Trust Document dollar amount as defined in Section 414(v) (2) (B) of the Code, as adjusted for the cost-of-living in accor(!ance with Section 414(v)(2)(C) of the Code, or (2) the excess (if any) of (i). the Participant's compensation (as defined in Section 415(c)(3) of the Code) for the year, over (ii) any other elective deferrals of the Participant for such year which are made without regard to this Section 5.02(a). An additional contribution made pursuant to this Section 5.02(a) shall not, with respect to the year in which the contribution is made, be subject to any otherwise . applicable limitation contained in Section 5.01 above, or be taken into account in applying such limitation to other contributions or benefits under the Plan or any other plan. This Section 5.02(a) shall not apply in any year to which a higher limit under Section 5.02(b) applies. (b) Last Three Years Catch-up Contribution: For each of the last three (3) taxable years for a Participant ending before his or her attainment of Normal Retirement Age, the maximum amount of Deferred Compensation shall be the lesser of: (1) the 457 Catch-Up Dollar Limitation, or (2) the sum of (i) the Normal Limitation for the taxable year, and (ii) the Normal Limitation for each prior taxable year of the Participant commencing after 1978 less the amount of the Participant's Deferred Compensation for such prior taxable years. A priot taxable year shall be taken into account undet the preceding sentence only if (x) the Participant was eligible to participate in the Plan for such year, and (y) compensation (if any) deferred under the Plan (or such other plan) was subject to the Normal Limitation. 5.03 Sick, Vacation and Back Pay: If the Employer so elects, a Participant may defer all or a portion of the value of the Participant's accumulated sick pay, accumulated vacation pay and/or back pay, provided that such deferral does not cause total deferrals on behalf of the Participant to exceed the Dollar Limitation or Percentage Limitation (including any Catch- up Dollar Limitation) for the year of deferral. The election to defer such sick; vacation and/or back pay must be made pursuant to a Joinder Agreement entered into before the beginning of the month in which the amounts would otherwise be paid or made available to the Participant, and the Participant must be an Employee in that month. In the case of sick, vacation and back pay that is payable before the Participant has a Severance Event, the preceding requirements. are deemed to be satisfied if the Joinder Agreement providing for the deferral is entered into before the amount is currently available. 5.04 Other Plans: Notwithstanding any provision of the Plan to the contrary, the amount excludible from a Participant's gross income under this Plan or any other eligible deferred compensation plan under Section 457(b) of the Code shall not exceed the limits set forth in Sections 457(b) and 414(v) of the Code. 5.05 Excess Deferrals: Any amount that exceeds the maximum Dollar Umitation or Percentage Limitation (including any applicable Catch-Up Dollar Limitation) for a taxable year, shall constitute an excess deferral for that taxable year. Any excess deferral shall be distributed in accordance with the requirements fat excess deferrals under the Code and Section 1.457-4(e) of the Income Tax Regulations. 5 -I 457 Plan and Trust Document Article VI. Trust and Investment of Accounts 6.01 Investment of Deferred Compensation: A Trust is hereby created to hold all the assets of the Plan (except Deemed IRA contributions and earnings thereon held pursuanr to Article IX) for the exclusive benefit of Participants and Beneficiaries, except that expenses . and taxes may be paid from the Trust as provided in Section 6.03. The trusree shall be the Employer or such other person that agrees to act in thar capacity hereunder. 6.02 Investment Powers: The rrustee or the Administrator, acting as agenr for the trustee, shall have the powers listed in this Section with respecr to investment of Trust assets, except to the extent that the investment of Trust assets is directed by Participants, pursuant to Section 6.05. (a) To invest and reinvest the Trust without distinction between principal and income in common or preferred stocks, shares of regulated investment companies and other mutual funds, bonds, loans, notes, debentures, certificates of deposit, contracts with insurance companies including but not limited to insurance, individual or group annuity, deposit administration, guaranteed interesr contracts, and deposirs ar reasonable rates of inreresr at banking institutions including but not limited to savings accounts and certificates of deposit. Assets of the Trust may be invested in securities that involve a higher degree of risk than investments that have demonstrated their investment performance over an extended period of time. .\ (b) To invest and reinvest all or any part of the assets of the Trust in any common, collective ot commingled trust fund that is maintained by a bank or other institution and that is available to Employee plans described under Sections 457 or 401 of the Code, or any successor provisions thereto, and during the period of time that an investment through any such medium shall exist, to the extent of participation of the Plans the declaration of trust of such commonly collective, or commingled trust fund shall constitute a part of this Plan. ~ :~ ~ (c) To invest and reinvest all or any part of the assets of the Trust in any group annuity, deposit administration or guaranteed interest contract issued by an insurance company or other fmancial institution on a commingled.or collective basis with the assets of any other 457 plan Ot trust qualified under Section 401 (a) of the Code or any other plan described in Section 401 (a) (24) of the Code, and such contract may be held or issued in the name of the Administrator, or such custodian as the Administraror may appoint, as agent and nominee for the Employer. During the period that an investment through any such contract shall exist, to the extenr of participation of the Plan, the terms and conditions of such . conrract shall constitute a part of the Plan. ~~ . ,~" . .~ ( d) To hold cash awaiting investment and to keep such portion of the Trust in cash . or cash balances, without liability for interest, in such amounrs as may from time to time be deemed to be reasonable and necessary to meet obligations under the Plan or otherwise to be in the best interests of the Plan. ':,:'. ,.";",' 6 ,-- ---~ 457 Plan and Trust Document (e) To hold, to authorize the holding of, and to register any investment to the Trusr in the name of the PI\Ul, the Employer, or any nominee or agent of any of the foregoing, including the Administrator, or in bearer form, to deposit or arrange for the deposit of securities in a qualified cenrral depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by any other person, and to organize corporations or trusts under the laws of any jurisdiction for the purpose of acquiring or holding title to any property for the Trust, all with or without the addition of words or other action to indicate that property is held in a fiduciary or representative capacity but the books and records of the Plan shall at all times show that all such investments are part of the Trust. (f) Upon such terms as may be deemed advisable by the Employer or the Administrator, as the case may be, for the protection of the interests of the Plan or for the preservation of the value of an investment, to exercise and enforce by suit for legal or equitable remedies or by other action, or to waive any right or claim on behalf of the Plan or any default in any obligation owing to the Plan, to renew, extend the time for payment of, agree to a reduction in the rate of interest on, or agree to any other modification or change in the terms of any obligation owing to the Plan, to sertle, compromise, adjust, or submit to arbitration any claim or right in favor of or against the Plans to exercise and enforce any and all rights of foreclosure, bid for property in foreclosure, and take a deed in lieu of foreclosure with or without paying consideration therefor, to commence or defend suits or other legal proceedings whenever any interest of the Plan requires it, and ro represent the Plan in all suits or legal proceedings in any court oflaw or equity or before any body or tribunal. (g) To employ suitable consultants, depositories, agents, and legal counsel on behalf of the Plan. (h) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or any nominee or agent of the foregoing, including the Administrator, in any bank or banks. (i) To do any and all other acts that may be deemed necessary to carry out any of the powers set forth herein. 6.03 Taxes and Expenses: All taxes of any and all kinds whatsoever that may be levied or assessed under existing or fuque laws upon the Plan, or in respect to the Trust, or the income thereof, and all commissions or acquisitions or dispositions of securities and similar expenses of investment and reinvestment of the Trust, shall be paid from the Trust. Such reasonable compensation of the Administrator, as may be agreed upon from time to time by the Employer and the Administrator, and reimbursement for reasonable expenses incurred by the Administrator in performance of its duties hereunder (including but not limited to fees for legal, accounting, investment and custodial services) shall also be paid from the Trust. 7 457 Plan and Trust Document 6.04 Paymeut of Benefits: The payment of benefits from the Trust in accordance with the terms of tbe Plan may be made by the Administrator, or by any custodian or otber petson so authorized by tbe Employer to make such disbUrsement. The Adminismitor, custodian or otber person shall not be liable witb respect to any distribution ofT rust assets made at tbe direction of tbe Employer. 6.05 Iuvestment Funds: In accordance witb uniform and nondiscriminatory rules established by tbe Employer and tbe Administrator, tbe Participant may direct his or her Accounts to be invested in one (1) or more investment funds available under tbe Plan; provided, however, tbat the Participant's investment directions shall not violate any investment restrictions established by the Employer. Neitber the Employer, the Administrator, nor any other person shall be liable for any losses incurred by virrue of following such directions or with any reasonable administrative delay in implementing such directions. 6.06 Valuation of Accounts: As of each Accounting Date, the Plan assets held in each investment fund offered shall be valued at fair market value and tbe investment income and gains or losses for each fund shall be determined. Such investment income and gains or losses shall be allocated proportionately among all Account balances on a fund-by-fund basis. The allocation shall be in the proportion that each such Account balance as of tbe immediately preceding Accounting Date bears to rhe total of all such Account balances as of that Accounting Date. For purposes of this Article, all Account balances include the Account balances of all Participants and Beneficiaries. 6.07 Participant Loan Accowits: Participant Loan Accounts shall be invested in accordance witb Section 8.03 of tbe Plan. Such Accounts shall not share in any investment income and gains or losses of the investment funds described in Sections 6.05 and 6.06. 6.08 Crediting of Accounts: The Participarit's Account shall reflect the amount and value of the investments or otber property obtained by the Employer through the investment of the PartiCipant's Deferred Compensation pursuant to Sections 6.05 and 6.06. It is anticipated rhat the Employer's investments witb respect to a Participant will conform to tbe investment preference specified in tbe Participant's Joinder Agreement, but norhing herein shall be construed to require tbe Employer to make any particular investment of a Participant's Deferred Compensation. Each Participant shall receive periodic reports, not less frequently tban annually, showing tbe tben current value of his or her Account. j 1 1 1 6.09 Post-Severance Transfers Among Eligible Deferred Compensation Plans: (a) Incoming Transfers: A transfer may be accepted from an eligible deferred compensation plan maintained by another employer and credited to a Participant's or Beneficiary's Account under the Plan if: (i) in tbe case of a transfer for a Participant, the Participant has had a Severance Event wirh tbat employer and become an Employee of the Employer; (ii) the otber employer's plan provides that such transfer will be made; and (iii) tbe Participant or Beneficiary whose deferred amounts are being transferred will have an amount immediately after tbe transfer at least equal to the deferred amount immediately before the transfer. The Employer may require such documentation from tbe predecessor plan as it deems necessary to effectuate tbe transfer in accordance 8 l _ 457 Plan and Trust Document with Section 457(e)(l0) of the Code, to confirm that such plan is an eligible deferred compensation plan within the meaning of Section 457(b) of the Code, and to assure that transfers ate provided for under such plan. The Employer may refuse to accept a transfer in the form of assets other than cash, unless the Employer and the Administrator agree to hold such other assets under the Plan. (b) Outgoing Transfers: An amount may be transferred to an eligible deferred compensation plan maintained by another employer, and chatged to a Participant's or Beneficiary's Account under this Plan, if: (i) in the case of a transfer for a Participant, the Participant has a Severance Event with the Employer and becomes an employee of the other employer; (ii) the other employer's plan provides that such transfer will be accepted; (iii) the Participant or Beneficiary and the employers have signed such agreements as ate necessary to assure that the Employer's liability to pay benefits to the Participant has been rlischatged and assumed by the other employer; and (iv) the Participant or Beneficiary whose deferred amounts ate being transferred will have an amount immerliatelyafter the transfer at least equal to the deferred amount immerliately before the transfer. The Employer may require such documentation from the other plan as it deems necessary to effectuate the transfer, to confirm that such plan is an eligible deferred compensation plan within the meaning of Section 457(b) of the Code, and to assure that transfers ate provided for under such plan. Such transfers shall be made only under such circumsrances as ate permitted under Section 457 of the Code and the regulations thereunder. 6.10 Transfers Among Eligible Deferred Compensation Plans of the Employer: (a) Incoming Transfers. A transfer may be accepted from another eligible deferred compensation plan maintained by the Employer and crerlited to a Participant's or Beneficiary's Account under the Plan if: (i) the Employer's other plan provides that such transfer will be made; (ii) the Participant or Beneficiary whose deferted amounts ate being transferred will have an amount immerliately after the ttansfer at least equal to the deferred amount immerliately before the transfer; and (iii) the Participant or Beneficiary whose deferred amounts ate being transferred is not eligible for adrlitional annual deferrals in the Plan unless the Participant or Beneficiary is performing services for the Employer. (b) Outgoing Ttansfers. A transfer may be accepted from another eligible deferred compensation plan maintained by the Employer and crerlited to a Participant's or Beneficiary's Account under the Plan if: (i) the Employer's other plan provides that such transfer will be accepted; (ii) the Participant or Beneficiary whose deferred amounts ate being transferred will have an amount immediately after the transfer at least equal to the deferred amount immerliately before the transfer; and (iii) the Participant or Beneficiary whose deferred amounts ate being transferred is not eligible for adrlitional annual deferrals in the Employer's other eligible deferred compensation plan unless the Participant or Beneficiary is performing services for the Employer. 9 457 Plan and Trust Document 6.11 Eligible Rollover Distributions: (a) Incoming Rollovers: An eligible rollover distribution may be accepted from an eligible retirement plan and credited to a Participant's Account under the Plan. The Employer may require such documentation fro'm the distributing plan as it deems necessary to effectuate the rollover in accordance with Section 402 of the Code and to confitm that such plan is an eligible retirement plan within the meaning of Section 402(c)(8) (B) of the Code. The Plan shall separately account (in one or more separate accounts) for eligible rollover distributions from any eligible retirement plan that is not an eligible deferred compensation plan described in Section 457(b) of the Code maintained by an eligible governmental employer described in Section 457(e) (l) (A) of Code. (b) Outgoing Rollovers: Notwithstanding any provision of the Plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (c) Definitions: (1) Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joinr life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Sections 40I(a)(9) and 457(d)(2) of the Code; and any distribution made as a result of an unforeseeable emergency of the employee. For purposes of distributions from other eligible retirement plans rolled over into this Plan, the term eligible rollover distribution shall not include the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). (2) Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in Section 408 (b) of the Code, an annuity plan described in Sections 403(a) or 403(b) of the Code, a qualified trust described in Section 401 (a) of the Code, or an eligible deferred compensation plan described in Section 457(b) of the Code' which is maintained by an eligible governmental employer described in Section 457(e)(l) (A) of the Code, that accepts the distributee's eligible rollover distribution. 10 457 Plan and Trust Document (3) Distributee: A distributee includes an employee or former employee. In addition; the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are distributeeswith regard to the interest of the spouse or' former spouse. (4) Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 6.12 Trustee-to-Trustee Transfers to Purchase Permissive Service Credit: All or a portion of a Participant's Account may be transferred direcdy to the trustee of a defined benefit governmental plan (as defined in Section 414(d) of the Code) if such transfer is (A) fot the purchase of petmissive service credit (as defmed in Section 415(n)(3)(A) of the Code) under such plan, or (B) a repayment to which Section 415 of the Code does not apply by reason of subsection (k)(3) thereof, within the meaning of Section 457(e)(17) of the Code. 6.13 Treatment of Distributions of Amounts Previously Rolled Over From 401 (a) and 403(b) Plans and IRAs. For purposes of Section net) of the Code, a distribution from this Plan shall be treated as a distribution from a qualified retirement plan described in Section 4974(c)(1) of the Code to the extent that such distribution is attributable to an amount transferred to an eligible deferted compensation plan from a qualified retirement plan (as defined in Section 4974(c) of the Code). 6.13 Employer Liability. In no event shall the Employer's liability to pay benefits to a Participant under this Plan exceed the value of the amounts credited to the Participant's Account; neither the Employer nor the Administrator shall be liable for losses arising from depreciation or shrinkage in the value of any investments acquired under this Plan. Article VII. Benefits 7.01 Retirement Benefits and Election on Severance Event: (a) General Rule: Except as otherwise provided in this Article VII, the distribution of a Participant's Accounr shall commence as of a Participant's Automatic Distribution Date, and the disrribution of such benefits shall be made in accordance with one of the payment options described in Section 7.02. Notwithstanding the foregoing, but subject to the following paragraphs of this Section 7.01, the Participant may elect following a Severance Event to have the distribution of benefits commence on a fixed determinable date other than that described in the preceding sentence, but not later than April I of the year following the year of the Participant's Retirement or attainment of age 70-1/2, whiChever is later. The Participant's right to change his or her election with , respect to commencement of the distribution of benefits shall not be restrained by this Section 7.01. Notwithstanding the foregoing, the Administrator, in order to ensure the orderly administration of this provision, may establish a deadline after which such election to defer the commencement of distribution of benefits shall not be allowed. 11 L_ .. 457 Plan and Trust Document (b) Loans: Notwithstanding the foregoing provisions of this Section 7.01, no . election to defer the com41encement of benefits after a Severance Event shall operate to defer the distribution of any amount in the Participant's Loan Account in the event of a default of the Participant's loan. 7.02 Payment Options: As provided in Sections 7.01, 7.04 and 7.05, a Participant may elect to have value of the Participant's Account distributed in accordance with one of the following payment options, provided that such option is consistent with the limitations set forth in Section 7.03. (a) Equal monthly, quarterly, semi-annual or annual payments in an amount chosen by the Participant, continuing until his or her Account is exhausted; (b) One lump-sum payment; (c) Approximately equal monthly, quarterly, semi-annual or annual payments, calculated to continue for a period cettain chosen by the Participant. (d) Annual Payments equal to the minimum distributions required under Section 401 (a) (9) of the Code, including the incidental death benefit requirements of Section 401 (a) (9) (G), over the life expectancy of the Participant or over the life expectancies of the Participant and his or her Beneficiary. (e) Payments equal to payments made by the issuer of a retirement annuity policy acquired by the Employer. (f) A split distribution under which payments under options (a), (b), (c) or (e) commence or are made at the same time, as elected by the Participant under . Section 7.01, provided that all payments commence (or are made) by the latest benefit commencement date under Section 7.01. (g) Any other payment option elected by the Participant and agreed to by the Employer and Administrator. A Participant's selection of a payment option made after December 31, 1995, under Subsections (a), (c), or (g) above may include the selection of an automatic annual cost-of- living increase. Such increase will be based on the rise in the Consumer Price Index for All Urban Consumers (CPI-U) from the third quarter of the last year in which a cost-of-Iiving increase was provided ro the third quarter of the current year. Any increase will be made in periodic payment checks beginning the following January. 7.03 Limitation on Options: No paymenr option may be selected by a Participant under subsections 7.02(a) or (c) unless the amount of any installment is not less than $100. No payment option may be selected by a Participanr under Sections 7.02, 7.04, or 7.05 unless it satisfies the requirements of Sections 401 (a) (9) and 457(d)(2) of the Code, including that payments commencing before the death of the Participant shall satisfY the incidental death . benefit requirements under Section 401 (a) (9) (G). 12 457 Plan and Trust Do~ent 7.04 Post-Retirement Death Benefits: (a) Should the Participant die after he/she has begun to receive benefits under a payment option, the remaining payments, if any, under the payment option shall continue until the Administrator receives notice of the Participant's death. Upon. notification of the Participant's death, benefits shall be payable to the Participant's Beneficiary commencing not later than December 31 of the year following the year of the Participant's death, provided that the Beneficiary may elect to begin benefits earlier than that date. (b) In the event that the Beneficiary dies before the payment of death benefits has commenced or been completed, the remaining value of the Participant's Account shall be paid to the estate of the Beneficiary in a lump sum. In the event that the Participant's estate is the Beneficiary, payment shall be made to the estate in a lump sum. 7.05 Pre-Retirement Death Benefits: (a) Should the Participant die before he or she has begun to receive the benefits provided by Section 7.01, the value of the Participant's Account shall be payable to the Beneficiary commencing not later than December 31 of the year following the year of the Participant's death, provided that the Beneficiary may elect to begin benefits earlier than that date. (b) In the event that the Beneficiary dies before the payment of death benefits has commenced or been complered, the remaining value of the Participant's Accounr shall be paid to the estate of the Beneficiary in a lump sum. In the event that the Participant's esrate is the Beneficiary, payment shall be made to the estate in a lump sum. 7.06 Unforeseeable Emergencies: (a) In the event an unforeseeable emergency occurs, a Participant or Beneficiary may apply to the Employer to receive that part of the value of his or her Account that is reasonably needed to satisfy the emergency need. If such an application is approved by the Employer, the Participant or Beneficiary shall be paid only such amount as the Employer deems necessary to meet the emergency need, but payment shall not be made to the extent that the financial hardship may be relieved through cessation of deferral under the Plan, insurance or other reimbursement, or liquidation of other assets to the extent such liquidation would not itself cause severe financial hardship. (b) An unforeseeable emergency shall be deemed to involve only circumstances of severe financial hardship to the Participant or Beneficiary resulting from a sudden . unexpected illness, accident, or disability of the Participant, Beneficiary, or of the . spouse or dependent (as defined in Section 152(a) of the Code) of the Participant or Beneficiary, loss of the Participant's or Beneficiary's property due to casualty (including the need to rebuild a home following damage to a home not otherwise covered by homeowner's insurance, e.g., as a result of a natural disaster), or other 13 457 Plan and TriIst Document similar and extraordinary unforeseeable circumstances arising as a result of events beyond the control of the Participant or Beneficiary. The imminent foreclosure of or eviction from the Participant's or Beneficiary's primary residence may constitute an unforeseeable emergency. In addition, the need to pay for medical expenses, including non-refundable deductibles, as well as for the cost of prescription drug medication may constitute an unforeseeable einergency. The need to pay for the funeral expenses of a spouse or a dependent (as defmed in Section 152(a)) of the Code may also constitute an unforeseeable emergency. Absent extraordinary circumstances, the need to send a Participant's or Beneficiary's child to college or to purchase a new home shall not be considered unforeseeable emergencies. The determination as to whether such an unforeseeable emergency exists shall be based on the merits of each individual case. 7.07 De Minimis Accounts: Notwithstanding the foregoing provisions of this Article, if the value of a Participant's Account is less than $1,000, the Participant's Account shall be paid to the Participant in a single lump sum distribution, provided that (a) no amount has been deferred under the Plan with respect to the Participant during the 2-year period ending on the date of the distribution and (b) there has been no prior distribution under the Plan to the Participant pursuant to this Section 7.07. If the value of the Participant's Account is at least $1,000 but not more than the dollar limit under Section 411(a)(11)(A) of the Code and (a) no amount has been deferred under the Plan with respect to the Participant during the 2- year period ending on the date of the distribution and (b) there has been no prior distribution under the Plan to the Participant pursuant to this Section 7.07, the Participant may elect to receive his or her entire Account. Such distribution shall be made in a lump sum. Article VIII. Loans to Participants 8.01 Availability of Loans to Participants: (a) The Employer may elect to make loans available to Participants in this Plan. If the Employer has elected to make loans available to Participants, a Participant may apply for a loan from the Plan subject to the limitations and other provisions of this Article. However, no loans are available from Deemed lRAs. (b) The Employer shall establish written guidelines governing the granting ofloans, provided that such guidelines are approved by the Administrator and are not inconsistent with the provisions of this Article, and that loans are made available to all Participants on a reasonably equivalent basis. 8.02 Terms and Conditions of Loans to Participants: Any loan by the Plan to a Parricipant under Section 8.01 of the Plan shall satisfy the following requirements: (a) Availability. Loans shall be made available to all Participants on a reasonably equivalent basis. 14 457 Plan and Trust I;>ocument (b) Interest Rate. Loans must be adequately secured and bear a reasonable interest rate. (c) Loan Limit. No Participant loan shall exceed the present value of the Participant's Account. (d) Foreclosure. In the event of default on any installment payment, the outstanding balance of the loan shall be a deemed distribution. In such event, an actual distribution of a plan loan offset amount will not occur until a distributable event occurs in the Plan. (e) Reduction of Account. Notwithstanding any other provision of this Plan, the portion of the Participant's Account balance used as a security interest held by the Plan by reason of a loan outstanding to the Participant shall be taken into account for purposes of determining the amount of the Account balance payable at the time of death or distribution, but only if the reduction is used as repayment of the loan. (f) Amount of Loan. At the time the loan is made, the principal amount of the loan plus the outstanding balance (principal plus accrued interest) due on any other outStanding loans to the Participant from the Plan and from all other plans of the Employer that are either eligible deferred compensation plans described in section 457(b) of the Code or qualified employer plans under Section 72(p)(4) of the Code shall not exceed the lesser of: (1) $50,000, reduced by the excess (if any) of (a) The highest outstanding balance ofloans from the Plan during the one (1) year period ending on the day before the date on which the loan is made, over (b) The outstanding balance ofloans from the Plan on the date on which such loan is made; or (2) One-half of the value of the Participant's interest in all of his or her Accounts under this Plan. 15 457 Plan and Trust Document (g) Application for Loan. The Participant must give the Employer adequate written notice, as detetmined by the Employer, of the amount and desired time for receiving a loan. No more than one (1) loan may be made by the Plan to a Participant's in any calendar year. No loan shall be approved if an existing loan from the Plan to the Participant is in default to any extent. (h) Length of Loan. Any loan issued shall require the Participant to repay the loan in substantially equal installments of principal and interest, at least monthly, over a period that does not exceed five (5) years from the date of the loan; provided, however, that if the proceeds of the loan are applied by the Participant to acquire ~ any dwelling unit that is to be used within a reasonable time (determined at the time of the loan is made) after the loan is made as the principal residence of the Participant, the five (5) year limit shall not apply. In this event, the period of repayment shall not exceed a reasonable period determined by the Employer. Principal installments and interest payments otherwise due may be suspended for up to one (1) year during an authorized leave of absence, if the promissory note so provides, but not beyond the original term permitted under this subsection (h), with a revised payment schedule (within such term) instituted at the end of such period of suspension. (i) Prepayment. The Participant shall be permitted to repay the loan in whole or in part at any time prior to maturity, without penalty. Gl Promissory Note. The loan shall be evidenced by a promissory note executed by the Participant and delivered to the Employer, and shall bear interest at a reasonable tate determined by the Employer. (k) Security. The loan shall be secured by an assignment of the participant's right, title and interest in and to his or her Account. (I) Assignment or Pledge. For the purposes of paragraphs (f) and (g), assignment or pledge of any portion of the Participant's interest in the Plan and a loan, pledge, or assignment with respect to any insurance contract purchased under the Plan, will be treated as a loan. (m) Other Terms and Conditions. The Employer shall fIX such other terms and conditions of the loan as it deems necessary to comply with legal requirements, to maintain the qualification of the Plan and Trust under Section 457 of the Code, or to prevent the treatment of the loan for tax purposes as a distribution to the Participant. The Employer, in its discretion for any reason, may also fix other terms and conditions of the loan, including, but nor limited to, the provision of grace periods following an event of default, not inconsistent with the provisions of this Article and Section 72(p) of the Code, and any applicable regulations thereunder. . 16 457 Plan and Trust Document , ,. 8.03 Participant Loan Accounts: , (a) Upon approval of a loan to a Participant by the Employer, an amount not in excess of the loan shall be transferred from the Participant's other investment fund(s), described in Section 6.05 of the Plan, to the Participant's Loan Account as of the Accounting Date immediately pteceding the agreed upon date on which the loan is to be made. (b) The assets of a Participant's Loan Account may be invested and reinvested only in promissory notes teceived by the Plan from the Participant as consideration for a loan permitted by Section 8.01 of the Plan or in cash. Uninvested cash balances in a Participant's Loan Account shall not bear interest. Neither the Employer, the Administrator, nor any other person shall be liable for any loss, or by reason of any breach, that results from the Participant's exercise of such control. (c) Repayment of principal and payment of interest shall be made by payroll deduction or, where repayment cannot be made by payroll deduction, by check, and shall be invested in one (1) or more other invesnnent funds, in accordance with Section 6.05 of the Plan, as of the nexr Accounting Date arrer payment thereof to the Trust. The amount so invested shall be deducted from the Participant's Loan Account. (d) The Employer shall have the authority to establish other reasonable rules, not inconsistent with the ptovisions of the Plan, governing the establishment and maintenance of Participant Loan Accounts. Article IX. Deemed IRAs 9.01 General: This Article IX of the Plan reflects section 602 of the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA"), as amended by the Job Creation and Worker Assistance Act of 2002. This Article is intended as good faith compliance with the requirements of EGTRRA and is to be construed in accordance with EGTRRA and guidance issued thereunder. This Atticle IX shall supercede the provisions of the Plan to the extent that those provisions are inconsistent with the provisions of this Article IX. Effective for Plan Years beginning afrer December 31, 2002, the Employer may elect to allow Employees to make voluntary employee contributions to a separate account or annuity established under the Plan that compli~ with the requirements of Section 408(q) of the Code and any regulations promulgated thereunder (a "Deemed IRA"). The Plan shall establish a separate account for the designated Deemed IRA contributions of each Employee and any earnings properly allocable to the contributions, and maintain separate recordkeeping with tespect to each such Deemed IRA. 9.02 Voluntary Employee Contributions: For purposes of this Article, a voluntary employee contribution means any contriburion (other than a mandarory contribution within the meaning of Section 41 1 (c) (2) of the Code) that is made by the Employee andwhich the 17 .--~,-~,..~---,,-_.--. 457 Plan and Trust Document Employee has designated, at or prior to the time of making the contribution, as a contribution to which this Article applies. 9.03 Deemed IRA Trust Requirements: This Article shall satisfy the trust requirement under Section 408(q) of the Code and the regulations thereto. IRAs established pursuant to this Article shall be held in one or more trusts or custodial accounts (the "Deemed IRA Trusts"), whicb shall be separate from the Trust established under the Plan to hold contributions other than Deemed IRA contributions. The Deemed IRA Trusts shall satisfy the applicable requirements of Sections 408 and 408A of the Code, which requirements are set forth in seerion 9.05 and 9.06, respectively, and shall be established with a trustee or. custodian meeting the requirements of Section 408(a) (2) of the Code ("Deemed IRA Trustee"). To the extent that the assets of any Deemed IRAs established pursuant to this Article are held in a Deemed IRA Trust satisfYing the requirements of this Section 9.03, such Deemed IRA Trust, and any amendments thereto, is hereby adopted as a trust maintained under this Plan with respect to the assets held therein, and the provisions of such Deemed IRA Trust shall control so long as any assets of any Deemed IRA are held thereunder. 9.04 Reporting Duties: The Deemed IRA Trustee shall be subject to the reporting requirements of Section 408(i) of the Code with respeer to all Deemed IRAs that are established and maintained under the Plan. 9.0S Deemed Traditional IRA Requirements: Deemed IRAs established in the form of traditional IRAs shall satisfy the following requirements: (a) Exclusive Benefit. The Deemed IRA account shall be established for the exclusive beneflt of an Employee or his or her Beneficiaries. (b) Maximum Annual Contributions. (1) Except in the case of a rollover contribution (as permitted by Sections 402(c), 402(e)(6), 403(a)(4), 403(b)(8), 403(b)(10), 408(d)(3) and 4S7(e) (16) of the Code), nO contributions will be accepted unkss they are in cash, and the total of such contributions shall not exceed: $3,000 for any taxable year beginning in 2002 through 2004; $4,000 for any taxable year beginning in 200S through 2007; and $S,OOO for any taxable year beginning in 2008 and years thereafter. After 2008, the limit will be adjusted by the Secretary of the Treasury for cost-of-living increases under Section 219(b)(S)(C) of the Code. Such adjustments will be in multiples of $SOO. (2) In the case of an Employee who is 50 or older, the annual cash contribution limit is increased by: $500 for any taxable year beginning in 2002 through 2005; and $1,000 for any taxable year beginning in 2006 and years thereafter. (3) No contributions will be accepted under a SIMPLE IRA plan established by any employer pursuant to Section 408(p) of the Code. Also, no transfer or 18 .457 Plan and Trust Document rollover of funds attributable to contributions made by a particular employer under its SIMPLE IRA plan will be accepted from a SIMPLE IRA, that is, an IRA used in conjunction with a SIMPLE IRA plan, prior to the expirarion of the 2-year period beginning on the date the Employee fust participated in that employer's SIMPLE IRA plan. (c) Collectibles. If the Deemed IRA Trust acquires collectibles within the meaning of Section 408(m) of the Code after December 31, 1981, Deemed IRA Trust assets will be treated as a distribution in an amount equal to the cost of such collectibles. (d) Life Insurance Contracts. No part of the Deemed IRA Trust funds will be invested in life insurance contracts. (e) Minimum Required Distributions. (1) Notwithstanding any provision of this Deemed IRA to the contrary, the distribution of the Employee's interest in the account shall be made in accordance with the requirements of Section 408 (a) (6) of the Code and the regulations thereunder, the provisions of which are herein incorporated by reference. If distributions are made from an annuity contract purchased from an insurance company, distributions thereunder must satisfy the requirements of Q&A-4 of section 1.401 (a) (9)-6T of the Temporary Income Tax Regulations, rather than paragraphs (2), (3) and (4) below and section 9.05(f). The required minimum distributions calculated for this IRA may be withdrawn from another IRA of the Employee in accordance with Q&A-9 of section 1.408-8 of the Income Tax Regulations. (2) The entire value of the account of the Employee for whose benefit the account is maintained will commence to be distributed no later than the first day of April following the calendar year in which such Employee attains age 70-1/2 (the "required beginning date") over the life of such Employee or the lives of such Employee and his or her Beneficiary. (3) The amount to be distributed each year, beginning with the calendar year in which the Employee attains age 70-1/2 and continuing through the year of death, shall not be less than the quotient obtained by dividing the value of the IRA (as determined under section 9.05(f)(3)) as of the end of the preceding year by the distribution period in the Uniform Lifetime Table in Q&'A-2 of section 1.401 (a) (9)-9 of the Income lax Regulations, using the Employee's age as of his or her birthday in the year. However, if the Employee's sole Beneficiary is his or her surviving spouse and such spouse is more than 10 years younger than the Employee, then the distribution period is determined under the Joint and Last Survivor Table in Q&A-3 of section 1.401 (a) (9)-9 of theIncome Tax Regulations, using the ages as of the Employee's and spouse's birthdays in the year. (4) The required minimum distribution for the year the Employee attains age 70-1/2 can be made as late as April 1 of the following year. 19 457 Plall~d Trust D9CUJllent The required minimum distribution for any other year must be made by the end of such year. (f) Distribution Upon Death. (1) Death On or After Required Beginning Date. If the Employee dies on or after the required beginning date, the remaining portion of his or her interest will be distributed at least as rapidly as follows: J (A) If the Beneficiary is someone other than the Employee's surviving spouse, the remaining interest will be distr.,ibuted over the remaining life expectancy of the Beneficiary, with such life expectancy determined using the Beneficiary's age as of his or her birthday in the year following the year of the Employee's death, or over the period described in paragraph (1)(C) below iflonger. (B) If the Employee's sole Beneficiary is the Employee's surviving spouse~ the remaining interest will be distributed over such spouse's life or over the period described in paragraph (1)(C) below iflonger. Any interest remaining after such spouse's death will be distributed over such spouse's remaining life expectancy determined using the spouse's age as of his or her birthday in the year of the spouse's death, or, if the distributions are being made over the period described in paragraph (1) (C) below, over such period. (C) If there is no Beneficiary, or if applicable by operation of paragraph (1)(A) or (1)(B) above, the remaining interest will be distributed over the Employee's remaining life expectancy determined in the year of the Employee's death. (D) The amount to be distributed each year under paragraph (1)(A), (B) or (C), beginning with the calendar year following the calendar year of the Employee's death, is the quotient obtained by dividing the value of the IRA as of the end of the preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is determined using the Single Life Table in Q&A-1 of section 1.401 (a)(9)-9 of the Income Single Life Tax Regulations. If distributions are being made to a surviving spouse as the sole Beneficiary, such spouse's remaining life expectancy for a year is the number in the Single Life Table corresponding to such spouse's age in the year. In all other cases, remaining life expectancy for a year is the number in the Single Life Table corresponding to the Beneficiary's or Employee's age in the year specified in paragraph (1) (A), (B) or (C) and reduced by 1 for each subsequent year. . I I (2) . Death Before Required Beginning Date. If the Employee dies before the required beginning date, his or her entire interest will be distributed at least as rapidly as follows: 20 ~ ". ~, ,. 457 Plan and Trust Document " : . r :,' c;. ,~'. t /. '. ",?" i. ~" . (A) If the Beneficiary is someone other than the Employee's surviving spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of the Employee's death, over the remaining life expectancy of the Beneficiary, with such life expectancy determined using the age of the Beneficiary as of his or her birthday in the year following the year of the Employee's death, or, if elected, in accordanCe with paragraph (2)(C) below. (B) If the Employee's sole Beneficiary is the Employee's surviving spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of the Employee's death (or by the end of the calendar year in which the Employee would have attained age 70-112, iflater), over such spouse's life, or, if elected, in accordance with paragraph (2)(C) below. If the surviving spouse dies before distributions are required to begin, the remaining interest will be distribute4, starting by the end of the calendar year following the calendar year of the spouse's death, over the spouse's Beneficiary's remaining life expectancy determined using such Beneficiary's age as of his or her birthday in the year following the death of the spouse, or, if elected, will be distributed in accordance with paragraph (2)(C) below. If the surviving spouse dies after distributions are required to begin, any remaining interest will be distributed over the spouse's rernaining life expectancy detetmined using the spouse's age as of his or her birthday in the year of the spouse's death. (e) If there is no Beneficiary, or if applicable by operation of paragraph (2) (A) or (2) (B) above, the entire interest will be distributed by the end of the calendar year containing the fifth anniversary of the Beneficiary's death (or of the spouse's death in the case of the surviving spouse's death before distributions are required to begin under paragraph (2)(B) above). (D) The amount to be distributed each year under paragraph (2)(A) or (B) is the quotient obtained by dividing the value of the IRA as of the end of the preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is determined using the Single Life Table in Q&A-1 of section 1.401 (a)(9)-9 of the Income Tax Regulations. If distributions are being made to a surviving spouse as the sole Beneficiary, such spouse's remaining life expectancy for a year is the number in the Single Life Table corresponding to the Beneficiary's age in the year specified in paragraph (2) (A) or (B) and reduced by 1 for each subsequent year. (E) The "value" of the IRA includes the amount of any outstanding rollover, transfer and recharacterization under Q&As- 7 and -8 of section 1.408-8 of the Income Tax Regulations. 21 457Plati and xh:st Document.. (F) If the sole Beneficiary is the Employee's surviving spouse, the spouse /nay elect to treat the IRA as his or her own IRA. This election will be deemed to have been made if such surviving spouse makes a contribution to the IRA or fails to take required distributions as a Beneficiary. . (g) Nonforfeitable. The interest of an Employee in the balance in his or her Deemed IRA account is nonforfeitable at all times. . (h) Reporting. The Deemed IRA Trustee of a Deemed Traditional IRA shall furnish annual calendar-year reports concerning the status of the Deemed IRA account and such infotmation concerning required minimum distributions as is prescribed by the Commissioner ofInternal Revenue. (i) Substitution of Deemed IRA Trustee. If the Deemed IRA Trustee is a non- bank trustee or custodian, the non-bank trustee or custodian shall substitute another trustee. or custodian if the non-bank trustee or custodian receives notice from the Commissioner ofInternal Revenue that such substitution is required because it has failed to comply with the requirements of section I.408-2(e) of the Income Tax Regulations. 9.06 Deemed Roth IRA Requirements: Deemed IRAs established in the form of Roth lRAs shall satisfY the following requirements: (a) Exclusive Benefit. The Deemed Roth IRA shall be established for the exclusive benefit of an Employee or his or her Beneficiaries. (b) Maximum Annual Contributions. (1) Maximum Permissible Amount. Except in the case of a qualified rollover contribution or a recharacterization (as defined in (6) below), no contribution will be accepted unless it is in cash and the total of such contributions to all the Employee's Roth lRAs for a taxable year does not exceed the applicable amount (as defined in (2) below), or the Employee's compensation (as defined in (8) below), ifless, for that taxable year. The contribution described in the previous sentence that may not exceed the lesser of the applicable amount or the Employee's compensation is referred co as a "regular contribution." A "qualified rollover contribution" is a rollover contribution that meets the requirements of section 408(d)(3) of the Code, except the one-rollover-per-year rule of section 408 (d) (3) (B) does not apply if the rollover contribution is from an IRA other than a Roth IRA (a "nonRoth IRA"). Contributions may be limited under (3) through (5) below. 22 . . 457 PI!illandTrust ))ocunient f. (2) Applicable Amount. The applicable amount is determined under (A) or (B) below: ' (A) If the Employee is under age 50, the applicable amount IS -- $3,000 for any taxable year beginning in 2002 through 2004, $4,000 for any taxable year beginning in 2005 through 2007 and $5,000 for any taxable year beginning in 2008 and years thereafter. (B) If the Employee is 50 or older, the applicable amount is -- $3,500 for any taxable year beginning in 2002 through 2004, $4,500 for any taxable year beginning in 2005, $5,000 fot any taxable year beginning in 2006 through 2007 and $6,000 for any taxable year beginning in 2008 and years thereafter. After 2008, the limits in paragraph (2)(A) and (B) above will be adjusted by the Secretary of the Treasury for cost-of-living increases under Section 219(b)(5)(C) of the Code. Such adjustments will be in multiples of $500. (3) Regular Contribution Limit. If (A) and/or (B) below apply, the maximum regular contribution that can be made to all the Employee's Roth IRAs for a taxable year is the smaller amount determined under (A) or (B). (A) The maximum regular contribution is phased out ratably between certain levels of modified adjusted gross income ("modified AGI:' defined in (7) below) in accordance with the following table: Filing Status Full Contribution Phase-out No Range Contribution Modified AGI Between $95,000 $110;000 and $110,000 or more Between $150,000 $160,000 and $160,000 or more Between $0 $10,000 and $10,000 or more Single or Head of Household $95,000 or less Joint Return or Qualifying Widower $150,0000rless Married- Separate Return $0 If the Employee's modified AGI for a taxable year is in the phase- out range, the maximum regular contribution determined under this table for that taxable year is rounded up to the next multiple of $10 and is not reduced below $200. 23 "\\~ 457 Pl:in and Trust p.Jct!m~nt 1" (B) If the Employee makes regular contributions to both Roth and nonRoth lRAs for a taxable year, the maximum regular contribution that can be made to all the Employee's Roth lRAs for that taxable year is reduced by the regular contributions made to the Employee's nonRoth lRAs for the taxable year. (4) Oualified Rollover Contribution Limit. A rollover from a nonRoth IRA cannot be made to this IRA if, for the year the amount is distribured from the nonRoth IRA, (i) the Employee is married and files a separate rerum, (ii) the Employee is not married and has modified AGI in excess of $100,000 or (iii) the Employee is married and together the Employee and the Employee's spouse have modified AGI in excess of $100,000. For purposes of the preceding sentence, a husband and wife are not treated as married for a taxable year if they have lived apart at all times during that taxable year and file separate returns for the taxable year. (5) SIMPLE IRA Limits. No contributions will be accepted under a SIMPLE IRA plan established by any employer pursuant to Section 408(p) of the Code. Also, no transfer or rollover of funds attributable to contributions made by a particular employer under its SIMPLE IRA plan will be accepted from a SIMPLE IRA, that is, an IRA used in conjunction with a SIMPLE IRA plan, prior to the expiration of the 2-year period beginning on the date the Employee first participated in that employer's SIMPLE IRA plan. (6) Recharacterization. A regular contribution to a nonRoth IRA may be recharacterized pursuant to the rules in section 1.408A- 5 of the Income Tax Regulations as a regular contribution to this IRA, subject to the limits in (3) above. (7) Modified AGI. For purposes of (3) and (4) above, an Employee's modified AGI for a taxable year is defined in Section 408A(c) (3) (C)(i) of the Code and does not include any amount included in adjusted gross income as a result of a rollover from a nonRoth IRA (a "conversion"). (8) Compensation. For purposes of (1) above, compensation is defined as wages, salaries, professional fees, or other amounts derived from or received for personal services actually rendered (including, but not limited to commissions paid salesmen, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips, and bonuses) and includes earned income, as defined in Section 401 (c) (2) of the Code (reduced by the deduction the self-employed individual takes for contributions made to a self-employed retirement plan). For purposes of this definition, Section 401 (c) (2) of the Code shall be applied as if the term trade or business for purposes of section 1402 included service described in subsection (c)(6). Compensation does not include amounts derived from or received as earnings or profits from property (including but not limited to interest and dividends) or amounts not includible in gross income. Compensation also does not include any amount received as a pension or annuity or as deferred compensation. The term "compensation" shall 24 ~' " ", -.f I'. ~, . '. , ,'45,7Planan:dTJ;uStDocn;meqt;. ' . - . . - - -. . l , I ! : include any amount includible in the Employee's gross income under Section 71 of the Code with respect to a divorce or separation instrument described in subparagraph (A) of Section 71 (b) (2) of the Code. In the case of a married Employee filing a joint return, the greater compensation of his , or her spouse is treated 'as his or her own compensation, but only to the extent that such spouse's compensation is not beillg used for purposes of the spouse making a contribution to a Roth IRA or a deductible contribution to a nonRoth IRA. (c) Collectibles. If the Deemed IRA Trust acquires collectibles within the meaning of Section 408(m) of the Code after December 31,1981, Deemed IRA Trust assets will be treated as a distribution in an amount equal to the cost of such collectibles. (d) Life Insurance Contracts. No part of the Deemed IRA Trust funds will be invested in life insurance contracts. (e) Distributions Before Death. No amount is required to be distributed prior to the death of the Employee for whose benefit the account was originally established. (f) Minimum Required Distributions. (1) Norwithstanding any provision of this IRA to the contrary, the distribution of the Employee's interest in the account shall be made in accordance with the requirements of Section 408(a)(6) of the Code, as modified by section 408A(c) (5), and the regulations thereunder, the provisions of which are herein incorporated by reference. If distributions are made from an annuity contract purchased from an insurance company, distributions thereunder must satisfY the requirements of section 1.401 (a)(9)- 6T of the Temporary Income Tax Regularions (taking into account Section 408A(c)(5) of the Code), rather than the distribution rules in paragraphs (2), (3) and (4) below. (2) Upon the death of the Employee, his or her entire interest will be distributed at least as rapidly as follows: (A) If the Beneficiary is someone other than the Employee's surviving spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of the Employee's death, over the remaining life expectancy of the Beneficiary, with such life expectancy determined using the age of the beneficiary as of his or her birthday in the year following the year of the Employee's death, or, if elected, in accordance with paragraph (2)(C) below. (B) If the Employee's sole Beneficiary is the Employee's surviving spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of the Employee's death (or by the end of the calendar year in which the Employee would have attained age 70-1/2, iflater), over such spouse's life, or, if elected, in accordance with paragraph (2)(C) 25 , - 457 Pbn and Trust Document below. If the surviving spouse dies before distributions are required to begin, the remaining interest will be distributed, starting by the end of the calendar year following the calendar year of the spouse's death, over the spouse's Beneficiary's remaining life expectancy determined using such Beneficiary's age as of his or her birthday in the year following the death of the spouse, or, if elected, will be distributed in accordance with paragraph (2)(C) below. If the surviving spouse dies after distributions are required to begin, any remaining interest will be distributed over the spouse's remaining life expectancy determined using the spouse's age as of his Ot her birthday in the year of the spouse's death. (C) If there is no Beneficiary, or if applicable by operation of paragraph (2)(A) or (2) (B) above, the entire interest will be distributed by the end of the calendar year containing the fifth anniversary of the Employee's death (or of the spouse's death in the case of the surviving spouse's death before distributions are required to begin under paragraph (2)(B) above). (D) The amount to be distributed each year under paragraph (2)(A) Dr (B) is the quotient obtained by dividing the value of the IRA as of the end of the preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is determined using the Single Life Table in Q&A-1 of section 1.401(a)(9)-9 of the Income Tax Regulations. If distributions are being made to a surviving spouse as the sole Beneficiary, such spouse's remaining life expectancy for a year is the number in the Single Life Table corresponding to such spouse's age in the year. In all other cases, remaining life expectancy for a year is the number in the Single Life Table corresponding to the Beneficiary's age in .the year specified in paragraph (2) (A) or (B) and reduced by 1 for each subsequent year. (3) The "value" of the IRA includes the amount of any outstanding rollover, transfer and recharacterization under Q&As-7 and -8 of section 1.408-8 of the Income Tax Regulations. (4) If the sole Beneficiary is the Employee's surviving spouse, the spouse may elect to treat the IRA as his or her own IRA. This election will be deemed to have been made if such surviving spouse makes a contribution to the IRA or fails to take required distributions as a Beneficiary. (g) Nonforfeitable. The interest of an Employee in the balance in his or her account is nonforfeitable at all times. (h) Reporting. The Deemed IRA Trustee of a Deemed Roth IRA shall furnish annual calendar-year reports concerning the status of the Deemed IRA account and such information concerning required minimum distributions as is prescribed by the Commissioner ofInternal Revenue. 26 ~-ij~,:~St;;':~'~;:0:i.: .,'-, \ , ! , t , , i Ii l 1\ ~, .";:-",,,,;.,...,.=,.,-.~---_.,_..' . 457 plan 3..1id Tr11St !:>ocmnent n., (i) Substitution of Deemed IRA Trustee. If the Deemed IRA Trustee is a non-bank trustee or custodian, the non-bank trustee or custodian shall substitute another trustee or custodian if the non-bank trustee or custodian receives notice from the Commissioner ofInternal Revenue that such substitution is required because it has failed to comply with the requirements of section 1.408-2(e) of the Income Tax Regulations. Article X. Non-Assignability 10.01 General: Except as provided in Article VIII and Section 10.02, no Participant or Beneficiary shall have any right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments hereunder, which payments and rights are expressly declared to be non-assignable and non-transferable. 10.02 Domestic Relations Orders: (a) Allowance of Transfers: To the extent required under a final judgment, decree, or order (including approval of a property settlement agreement) that (i) relates to the provision of child support, alimony payments, or marital property rights and (ii) is made pursuant to a state domestic relations law, and (iii) is permitred under Sections 414(p)(11) and (12) of the Code, any portion of a Participant's Account may be paid or set aside for payment to a spouse, former spouse, child, or other dependent of the Participant (an "Alternate Payee"). Where necessary to carry out the terms of such an order, a separate Account shall be established with respect to the Alternate Payee who shall be entitled to make investment selections with respect thereto in the same manner as the Participant. Any amount so set aside for an Alternate Payee shall be paid in accordance with the form and timing of payment specified in the order. Nothing in this Section shall be construed to authorize any amount to be distributed under the Plan at a time or in a form that . is not permitred under Section 457(b) of the Code and is explicitly permitred under the uniform procedures described in Section 10.2(d) below. Any payment made to a person pursuant to this Section shall be reduced by any required income tax withholding. (b) Release from Liability to Participant: The Employer's liability to pay benefits to a Participant shall be reduced to the extent that amounts have been paid or set aside for payment to an Alternate Payee to paragraph (a) of this Section and the Participant and his or her Beneficiaries shall be deemed to have released the Employer and the Plan Administrator from any claim with respect to such amounts. (c) Participation in Legal Proceedings: The Employer and Administrator shall not be obligated to defend against or set aside any judgement, decree, or order described in paragraph (a) or any legal order relating to the garnishment of a . Participant's benefits, unless the full expense of such legal action is borne by the Participant. In the event that the Participant's action (or inaction) nonetheless causes the Employer or Administrator to incur such expense, the amount of the expense may be charged against the Participant's Account and thereby reduce the Employer's obligation to pay benefits to the Participant. In the course of any 27 -:,: ;:./.,:: ~~r+;,,!,~:~;,~i;r~~:~~~1:~t~~ . . .,:\,;. ;~5'!'01,l~Mf1j~~li!,?;9~~~:J"c:i-.~:M{;i;,;,~:.;~i1'i;~~JA :"{~i.,;'j'.,:,~,~).~il,i1~,t;;: proceeding relating to divorce, separation, or child suPPOrt, the Employer and Administrator shall be authorized to disclose information relating to the Participant's Account to the Alternate Payee (including the legal representatives . of the Alternate Payee), or to a court. (d) Determination of Validity of Domestic Relations Orders: The Administrator shall establish uniform procedures for determining the validity of any domestic relations ordet. The Administrator's determinations under such procedures shall be conclusive and binding on all parties and shall be afforded the maximum amount of deference permitted by law. Article XI. Relationship to other Plans and Employment Agreements This Plan serves in addition to any other retirement, pension, or benefit plan or system presently in existence or hereinafter esrablished for the benefit of the Employer's employees, and participation hereundet shall not affect benefits receivable under any such plan or system. Nothing contained in this Plan shall be deemed to constitute an employment contract or agreement between any Participant and the Employer or to give any Participant the right to be retained in the employ of the Employer. Nor shall anything herein be construed to modify the terms of any employment contract or agreement between a Participant and the Employer. Article XII. Amendment or Termination of Plan The Employer may at any time amend this Plan provided that it transmits such amendment in writing to the Administrator at least 30 days prior to the effective date of the amendment. The consent of the Administrator shall not be required in order for such amendment to become effective, bur the Administrator shall be under no obligation to continue acting as Administrator hereunder if it disapproves of such amendment. The Administrator may at any time propose an amendment to the Plan by an instrument in writing transmitted to the Employer at least 3D days before the effective date of the amendment. Such amendment shall become effective unless, within such 3D-day period, the Employer notifies the Administrator in writing that it disapproves such amendment, in which case such amendment shall not become effective. In the event of such disapproval, the Administrator shall be under no obligation to continue acting as Administrator hereunder. The Employer may at any time terminate this Plan. In the event of termination, assets of the Plan shall be distributed to Participants and Beneficiaries as soon as administratively practicable following termination of the Plan. Alternatively, assets of the Plan may be transferred to an eligible deferred compensation plan maintained by another eligible governmental employer within the same State if (i) all assets held by the Plan (other than Deemed IRAs) are transferred; (il) the receiving plan provides for the receipt of transfers; (iii) the Participants and Beneficiaries whose deferred amounts are being transferred will have an amount immediately after the transfer at least equal to the deferred amount immediately before the transfer; and (iv) the Participants or Beneficiaries whose deferred amounts are being transferred is not eligible for additional annual deferrals in the Plan unless the Participants or Beneficiaries are performing services for the employer maintaining the receiving plan. 28 . _.....,,-""'~-~-':,""':',~....^ ..~. "'_'~-"""""'-"""-"''"_''_--:''.''''''''''''''C''' , . . . . . , . ' . . . . .' ~ . '. ., " - .'.. . ! , ~.'., ,'. ~< - ,l; ,,/ .:....:-." :;;.", . " . _.;; ~.',-.' ,.,.. ," ;......., <::{~:. ':~.,~. n' ,'..;<.;~',:..', '.. ,),~:<,'-'~"~';:U..t~}:- ..~; . ...._>.;.J.:i..ij!dl::.\.L...;:...-i.~:~:~;.,i.:: i:~r};-if.~:~.~~t>?J~~if.i~:~~j~?k~~:~~~;:;...J'~~~~-~~tJ~-;f.' ~::j.:~iBAd~~~ilid:!~~~~~j!~~f*-'~~l~\~~1~x~4:~'!f;-~~,f~~~~-~~1'~lF:~ ~-rf:'~~.~r.-,t~,~;-<"t'i"~'l"":;'~~.:~~",-,::!,O:.(:'~'::~-~'';'--'::>~,~"'''''''-~''''''': '-,"._' .- ',,:,":"': :";'.",' ", .__,' ..... :'''',' ....: ~'!_.'" .;' ',;""._ ,_.; . .: Except as may be required to maintain the status of the Plan as an eligible deferred compensation plan under Section 457(b) of the Code or to comply with other applicable laws, no amendment Ot termination of the Plan shall divest any Participant of any rights with respect to coml'ensation deferted before the date of the amendment or termination. . Article XIII. Applicable Law This Plan and Trust shall be construed under the laws of the state where the Employer is located and is established with the intent that it meet the tequirements of an "eligible deferred compensation plan" under Section 457(b) of the Code, as amended. The provisions of this Plan and Trust shall be interpteted wherever possible in conformity with the requirements of that Section of the Code. ., In addition, notwithstanding any provision of the Plan to the contrary, the Plan shall be administered in compliance with the requitement$ of Section 414(u) of the Code. . Article XIV. Gender and Number The masculine pronoun, whenever used hetein, shall include the feminine pronoun, and the singUlar shall include the plural, except where the COntext tequires otherwise. 29 . . . . . E-ih:bi+ 8 . .fi~ot..!~jf!i1$;.~~{i~:\2.1;'.:.?At'I\';~';h.<;.',~;i:~~~;i;G'.if:t.,j;,ti?K:.~~~t!r!~f,:~f~~$j~~!i~;~~}~i'!~')~~*;:;;~#}t~;,;;i>iii,'~;t,;it~~~~d(~t'f::$iihh DECLARATION OF TRUST This Declaration of Trust (the "Group Ttust Agreement") is made as of the 19th day of May, 2001, by VantageTrust Company, which declares itself to be the sole Trustee of the trust hereby created. WHEREAS, the ICMA Retirement Trust was cteated as a vehicle for the commingling of the assets of governmental plans and governmental units desctibed in Section 818(a)(6) of the Internal Revenue Code of 1986, as amended, pursuant ro a Declaration of Trust dated October 4, 1982, as subsequencly amended, a copy of which is attached hereto and incorporated by reference as set out below (the "ICMA Declaration"); and WHEREAS, the trust created hereunder (the "Group Trust") is intended to meet the requirements of Revenue Ruling 81-100, 1981-1 C.B. 326, and is established as a COmmon trust fund within the meaning of Section 391: 1 ofTicle 35 of the New Hampshire Revised Statutes Annotated, to accept and hold for investment purposes the assets of the Deferted Compensation and Qualified Plans held by and through the ICMA Retirement Trust. NOW, THEREFORE, the Group Trust is created by the execution of this Declaration of Trust by the Trustee and is established with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's assets in the ICMA Retirement Trust, by the Trustees thereof, in accord with the following provisions: 1. Incorporation ofICMA Declaration by Reference; ICMA By-Laws. Except as otherwise provided in this Group Trust Agreement, and to the extent not inconsistent herewith, all provisions of the ICMA Declaration are incorporated herein by reference and made a part hereof, to be read by substituting the Group Trust for the Retirement Trust and the Trustee for the Board of Trustees referenced therein. In this respect, unless the context clearly indicates otherwise, all capitalized terms used herein and defined in the ICMA Declaration have the meanings assigned to them in the ICMA Declaration. In addition, the By-Laws of the ICMA Retirement Trust, as the same may be amended from time-to-time, are adopted as the By-Laws of the Group Trust to the extent not inconsistent with the terms of this Group Trusr Agreemenr. Notwithstanding the foregoing, the rerms of the ICMA Declaration and By-Laws are further modified with respecr to the Group Trust created hereunder, as follows: . (a) any feporting, distribution, or other obligation of the Group Trust vis-a-vis any Deferred Compensation Plan, Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust shall be deemed satisfied to the extent that such obligation is undertaken by 31 f,. , . , . ~ . . , J, . . , - ' .~ _ i\'i ,; 4,;~;;,i4];~ 'J ....;:i;,~,i;d':;>, ,\~,;~,:;li;;~;45,h,1"fi1ch(ait;d;ir ',; ,cid~~i1.t'i;'i,.iJtff,i ",i; ';j ,{;,(;;;"h,:;(.) ,i ,i;;!;;;,~~\,>t'"";\ ;~~"$~~:~~l;'~t.s~r~:~~~~,~~~~p.~~4;i'~~~'-f't~~~.f~?"l;!~~'0~~:!~J.~~~.~~.~?~~~~~~~'.::.>:.~~~~~~~J~-f~~~~4'f~~~;~ .' _'"...". '". '. 1.'-. ".: /", '!' ." . (b) the lCMA Retirement Trust (in which case the obligation of the Group Trusr shall run to the lCMA Retirement Trust); and (b) all provisions dealing with the number, qualification, elecrion, term and nomination ofT rustees shall not apply, and all othet provisions relating to trustees (including, but not limited to, resignation and removal) shall be interpreted in a manner consistent with the appointment of a single corporaktrustee. 2. Compliance with Revenue Procedure 81-100. The requirements of Revenue Procedure 81-100 are applicable to the Group Trust as follows: (a) Pursuant to the rerms of this Group Trust Agreement and Article X of the By-Laws, investment in the Group Trust is limited to assets of Deferred Compensation and Qualified Plans, investing through the ICMA Retirement Trust. (b) Pursuant to the By-Laws, the Group Trust is adopred as a part of each Qualified Plan that invests herein through the ICMA Retirement Trust. (c) In accord with the By-Laws, that part of the Group Trusr's corpus or income which equitably belongs to any Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes other than for the exclusive benefit of the Plan's employees or their beneficiaries who are entitled to benefits under such Plan. (d) In accord with the By-Laws, no Deferred Compensation Plan or Qualified Plan may assign any or part of its equity or interest in the Group Trust, and any purported assignment of such equity or interest shall be void. 3. Governing Law. Except as otherwise required by federal, state or local law, this Declaration of Trust (including the lCMA Declaration to the extent incotporated herein) and the Group Trust created hereunder shall be construed and determined in accordance with applicable laws of the State of New Hampshire. 4. Judicia! Proceedings. The Trustee may at any time initiate an action or proceeding in the appropriate state or federal coUrtS within or outside the state of New Hampshire for the settlement of its accounts or for the determination of any question of construction which may arise Ot for instructions. 32 ~ ~. I> .... I -':iSr::~oft7,--;},,":~::"~~';';~jt~.:f>:,:_ .i:-;'-- J: ,L~, _.~,,-C:_" :y~,' l~,'t- ..y~fJ.~- .457:PJ~4--~~~,I?.~t?i~~---::;~J.;; l~ :',/~,,~~';;~:': "--?:..;I/>kJ-:i~,:' ~i:L~..~-i~:,~:j7;;:_ ;;: '->;~;:,:~~.~~.'." ; 1l1.~":-~f~.~l-2.'~~~f:~;'5f:,t'::~~~,!,tli.~-J; _,~;.~~.:11:-"'~'_' ~:~;t!t~ ~*:fi1.%g.f<~\j~).~~ }j;'':~'""t~t~;;':1..;f~tf#r~~~<.v~:.;'~f:~,;;t05$Rf,~~~.f~J.~~~~~:~: .!t~S.'i~f; ~""'; -"'?"'-'", "'-.-";" "',". .,'. "",.,'-"'--.-' .(.....:J-\~~:._-.: -.-.~.:~.:(:.- :,"'_. ':_'::':'_,'._.;-. ';'.:': ',' IN WITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the day and year first above wrinen. VANTAGETRUST COMPANY f...( '1,i.iif. By: Name: Paul F. Gallagher Tide: Assistant Secretary "j. 33 ;;, ~ D , '~ Bonestroo -=- Rosene '1\11 Anderlik & . ~. Associates Engineers & Architects Boncnroa. RO.'lE'ne, Anderlik and Auociare.'l. Inc. is dn Affirmative AcrlonjEqu(ll Opportunity Employer and Employee Owned Principals: Otto G Bonf'~lroO. rE . Mol''''" L Sorv,II,1. 1'1: . Glepn I~. CooK, PI: . I,obert G <,(hlJr110lt. r,E . J{'rfy A. Bourdon, PI: . M."/.: A H.ln\on, Pf Senior Consult.ilnts: Robert W RO~t'rll'. rE.. jO~l'ph C AJ'{inlrk,,"F . Rlrh<1,d E lWfll'l. PF . 'ius,m 'VI. EDerlln CPA Anociate Prlnclpab; Keith A. Gordon, I'E . I~obl'n R Pfc'kril' f'f . Rllh..rd W. FOHn, P.E . D<1vIU O. Lo~kot,l, P~_.' Mleh.wl T, "il~'tm<lrln, p[ . It'd K. Field, P.E.. Kf;:l1rW!t1 P ".mit"Hon. f'l . M,lIk R Rolfs. PE . DilVld A Hnn('q,oo. M.B,A . 5Id,,("/1' WrllldmlOl1, P.. IS. Aqr1f's M RlnrJ M.B.A. _ MI.,,, Rick S(hmldr, rr . fhom<ls W r('tcr~on, rf . ),lme~ R. Mil.I..nd. rr . M;[c~ a k'1\I-,", rf . L PI1>1hp Gf<wc:llll. P( . D,\'w..'1 J. Edg(,r(Cln. l'r. .. l~m"c: M,lItlr1E'1, Pf fhrlm",~ A Sytko. rE, . Shpldon J Joh'lson. D<ll~' A e,rovt', f'l . lhom,l~ A. Roush,,,. pt. . Rohert J. D'<\I~"Y, f'r Offices: Sf. 1',lUI, '>t Cloud. RoOll:stcr iH1d Wlllm",r. ,IAN. 'lIhlwill,kcc. WI ~ ChlCdgO Il \llcb5ire: wwwIJOP'('~lroo.com August 3, 2004 City of Centerville 1880 Main Street Centerville, MN 55038-9794 Attn: Paul Palzer Re: 0.5 MG Elevated Water Storage Tank Bonestroo Project No. 616-03-130 Dear Paul: Transmitted herewith is a copy of the City Logo layout that was bid with this project. The Contractor has submitted his color chart which is attached for your use in selecting the tank and logo colors. From previous meetings, the tank color was discussed and we believe it was decided to match the color of Lino Lakes tower. Could you please find out what color the tank is from the City of Lino Lakes. If the exact color is not available on the attached color chart, please provide us with the color of the Lino Lakes tank and we will request they match that color. Please fill in the following table with the selected colors and code and either fax or mail back to us. Tnemec Color Tnemec Code Tank color Lettring and Underline (Dark Blue) Lakes (Light Blue) City Limits (Light Green) City Limits background (Dark Green) Thanks Paul for your time in providing us with the colors the City wants for this tank. If you have any questions, please feel free to call me at (651) 604-4881. Sincerely, ~i~ERLlK&ASSOCIATES.INC Timothy L. Grinstead Attachment Cc: TWP, MRR, file Jeremy Wyland - Maguire Iron. Inc. 2335 West Highway 36 . St. Paul, MN 55113. 651-636-4600 . Fax: 651-636-1311 I 56' LIGHT BLUE IN COLOR EL. 1054.87 HIGH WATER EL BLUE IN COLOR 12"X12" GRID <0 I .... .., <0 I - ~ N DARK GREEN IN COLOR EL. 1017.37 LOW WATER EL NOTE: ALTERNATE NO. B4 SHALL OMIT THE TWO LAKES AND CITY LIMITS AND SHALL ONLY INCLUDE THE LmERING AND THE UNDERLINE. ELEVATION - BID B ? ? 1(1 SCALE IN FEET CENTERVILLE, MINNESOTA O.5MG ELEVATED WATER TOWER FIGURE 2 .11. Bonestroo .I!..JI Rosene " Ander'ik & ,\I, Associates CITY LOGO (SPHEROID STYLE) 61603130_LOG01.dwg JANUARY, 2004 COMM. 616-03-130 l white - llWH Cumulus - 7HGN Tank White - 1 ';B1 Winter Mist - U7WH Cloud - ;7BR Hart: Beige - .c;ORD Warm Sun - OlHR llarbados . 22YW Saham - "="BR Rt:iAL' - 44RR Springwatcr - 29m. Teardrop - 37BI. Delft Blue: - 39f1L fountainhleu - 2'581 Clc:lf Sky - 2ClUT. Aqua Sky - lOGN Aztet.: Gr.tss - 52(iN Ginger Mist - I 08G~ I Clover - 11 OGN Bals.1m - 91 GN 1_ Tiki Wood - 53BR Amber Canyon - 06BR Desert Sands - 04HR 'Ihm Cotta ~ 07.lID MonterreyTile - 28RD <.lay - 74BR Twine ~ 68BR Weathered 8ark - R4BR Medium Hronze - 85BR NO.:J]2 (anodized aluminum) Dark Bnnu..t: - 86BR No. 31_\ (anodil.cd ~llIminum) Chilean Red - 07Sf Candy Apple Red/Safety - 06SF International Orange - 05SF Tangerine Or.mge/Safety - 04SF Bri~hncllow - (HSF Lemon Yellow /Safety. 02SF Hunter Green - 08Sf Spearmint Green/Safety - 09SF Deep Htue Sea - 10SF '[me Blue/Safety - 11 SF Ilurp1c I faze - 12SF Purple Mountain's M:ljest)'-ljSF Purph: Raill/Safety - 14SF ,.! v IJtp/V/I!) Old Glory Red - 71RD 'I I j A I I I I j l L Slate Gray - 31 GR Light rimy - 32GR .\'iSl ~n, ""0 iANSl Z~<;.I-RI<-)"7,,) Gray - ;')jGR ANSI .'\:0,61 (ANSI ZS'U-RI973) Deep Space - .HGR www.tnemec.com Black - 3iGR Aluminum - S7GR Coiro represented ore reproductions of actual ~lBldorrls und will'lfJry in oppearonce du, to product, texture ,,";o~ons, gloss /eve/' application m'~oo nnd ~.krress of the ollllied film Some b;ght or accent (010" moy require mklinonol coot or 0 similarly colmed prim.. for Ol'Jcily. Your Tn,me< representative can offer ossiltonce with suiloble primer se~cnons and color matching, S~ect cola" and products ore ANSI/NSF certilied for potable water. Consult NSF or your Tnemec representntlve lor 0 comp~te lisnng of c"tified products. .. Effective: 6/11/74 City of Centerville Ord. #7 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #7 AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM DISEASE WITHIN THE CITY OF CENTERVILLE: The City Council ofCenterville does ordain: 5-601. Declaration of Policv. The City Council of Centerville has detemrined that the health of the elm trees within the municipal limits is threatened by a fatal disease known as Dutch Elm Disease. It has further detemrined that the loss of ehn trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the council to control and prevent the spread of this disease and this ordinance is enacted for that purpose. .) 5-602. Tree ~ctor. Subd. 1. Position Created.' (Alternate No.1) The position of tree inspector is hereby created within the City of Centerville. Subd. 2. Duties of Tree Inspector. It is the duty of the tree inspector to coordinate, under the direction and control of the Council, all activities of the municipality relating to the control and prevention of Dutch Ehn disease. He shall recommend to the Council the details of a program for the control of Dutch Ehn Disease, and perform the duties incident to such a program adopted by the Council. I~G,. 1& 5-603. Dutch Elm Disease Prol!TIlIIl. Subd. 1. ~ the intention of the Council of the city of Centerville to conduct a program of plan~~_:.~ntrol pursuant to the authority granted by Minnesota Statutes ~ Section 1:S-.822, as amended. This program is directed specifically at the control and elimination of Dutch Ehn Disease fungus and ehn bark beetles and is undertaken at the recommendation of the Commissioner of Agriculture. The City tree inspector shall act as coordinator between the Commissioner of Agriculture and the Council in the conduct of this program. 5-604. Nnisances Declared. Subd. 1. The following things are nnisances whenever they may be found within the City of Centerville: A. Any living or standing ehn tree or part thereof infected to any degree with the Dutch Ehn disease fungus Ceratocysitis Uhni (Buisman) Moreau or which harbors any of the ehn bark beetles Scolytus Multistriatus (Eicbh.) Or Hylurgopinus Rufipes (Marsh). Page 1 of4 .. Effective: 6/11/74 City of Centerville Ord. #7 B. Any dead elm tree or part thereot; including legs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide. Subd. 2. Abatement. It is unlawful for any person to permit any public nuisance as defined in subdivision 1 to remain on any premises owned orsontrolled by him within the City of Centerville. Such nuisances may be abated in the manner prescribed by this ordinance. 5-605. Inspection and Investigation. Subd. 1. Annual Insoection. The tree inspector shall inspect all premises and places within the city as often as practicable to determine whether any condition described in Section 5 of the ordinance exists thereon. He shall investigate all reported incidents of infestation of Dutch Elm fungus or elm bark beetles. Subd. 2. Entrv on Private Premises. The tree inspector or his duly authorized agents may enter any place other than private home at any reasonable time for the purpose of carrying out any of the duties assigned him under this ordinance. 1 l.,v. , 1\(1' jJ Subd. 3. Diagnosis. The tree inspector shall, upon finding conditions indicating Dutch Elm infestation, immediately sent appropriate specimens or samples to the Commissioner of Agriculture for analysis, or take such .other-.steJ2s for diagnosis as may be recommended by the Commissioner. Except as provide .n; Sectio 8 0 action to remove infected trees or wood shall be taken until positive diagnosis oft e !Sease ee /l)!tti--! c.4- II~ ? 5-606. Abatement of Dutch Elm Disease Nuisances. Subd. 1. In abating the nuisances defined in ection 5 he tree inspector shall cause the infected tree or wood to be sprayed, removed, ed, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread to Dutch Elm Disease fungus and elm bark beetles. Such abatement procedures shall be carried out, in accordance with current technical and expert opinions and plarJS as may be designated by the Commission of Agriculture. 5-607. Procedure for Removal of Infected Trees and Wood. Subd. 1. Whenever the tree inspector finds with reasonable certainty that the infestation defined in Section 5 exists in any tree or wood in any public or private place in the City, he shall proceed as follows: A. If the tree inspector finds that the danger of infestation of other elm trees is not imminent because of elm dormancy, he shall make a written report of his finding to the Council which shall proceed by (1) abating the nuisance as a public improvement under Minnesota Statutes Ch. 429 or (2) abating the nuisance as provided in Subd. 2 of this Section. .E. If the tree inspector finds that danger of infestation of other elm trees is imminent, he shall notifY the abutting property owner by certified mail that the nuisance will be abated within a specified time, not less than 5 days from the date Page::!! of 4 E~ive: 6/11/74 City of Centerville Ord. #7 of mailing of such notice. The tree inspector shall immediately report such action to the Council, and after the expiration of the time limited by the notice he may abate the nuisance. Subd.2. Upon receipt of the tree inspector's report required by Subd. 1, part A, the Council shall by resolution order the nuisance abated. Before action.is taken on such resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and published once no less than one week prior to such meeting. The notice shall state the time and place of the meeting, the streets affected, action proposed, the estimated cost of the abatement, and the proposed, the estimate cost of the abatement, and the proposed basis of assessment, ifany, of costS. At such hearing or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract. Subd. 3. The tree inspector shall keep a record of the costs of abatements done under this Section and shall report monthly to the Village Clerk (or other appropriate officer) all work done for which assessments are to be made stating and certifYing the description of the land, lots, parcels involved and the amount chargeable to each. Subd. 4. On or before September 1 of each year the 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 under Minnesota Statutes Sec. 429.101 and other pertinent statutes for certification to the county auditor and collection the following year along with current taxes. 5-608. Soraying Ehn Trees. Subd. 1. Whenever the tree inspector determines that any ehn tree or ehn wood within City is infected with Dutch Ehn fungus, he may spray all nearby high value ehn trees, with an effective ehn bark beetle destroying concentrate. Spraying activities authorized by this Section shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the supervision of the Commissioner and his agents whenever possible. Subd. 2. The notice provisions of Section 8 apply to spraying operations conducted under this Section. 5-609. Trans1;Jorting Ehn Wood Prolnbited. Subd. 1. If is unlawful for any person to transport within the City any bark-bearing ehn wood without having obtained a permit from the inspector. The tree inspector shall grant such permits only when the purposes of this ordinance will be served thereby. 5-610. Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with Page3l of 4 Effective: 6/11/74 City of Centerville Ord. #7 the tree inspector or ills agents while they are engaged in the performance of duties imposed by tills ordinance. 5-611. Penalty. Any person, firm or corporation who violates Sections of tills ordinance is guilty of a misdemeanor and may be punished by a fine of not to exceed $300 or imprisonment for 90 day or both. . .~ 5-612. This ordinance is effective from and after its passage and publication. Passed by the City Council of Centerville this 11 th day of June, 1974. City of Centerville Walter Pracbar, Mayor ATTEST: Lu Marcello, Clerk Treasurer. Published in Blaine - Spring lake Park Life. June 21, 1974 Page41 of 4 ervi((e 'EstaNishd 185i STAFF REpORT DATE: August 25, 2004 TO: Honorable Mayor and CounciImembers Kim Moore-Sykes, City Administrator (~ RE: Codification of the City's Ordinances FROM: ......................................................................... I received a call from Amy Oaks of American Publishing to find out what the City wants to do with its Ordinances that they have worked on and if the City wants to finish this project. Apparently, she was going through their accounts to clean up anything outstanding and CenterviIle is an outstanding account with them. This project was started several years ago, when Ry-Chel Gaustad was City Clerk. Apparently, nothing much has been done since then. Amy indicated that the City has three options: 1. Start the project over - updating what has been done and adding the remaining chapters/ordinances that need to be done. 2. Pay the outstanding bilI. We think the original contract price was $7,925 with 60% to be paid upon receiving the draft. Staff would have to go through invoices, etc. 3. Continue with the project to completion. Staff will contact Ms. Gaustad to get more information from her before Wednesday's meeting. l_ , AG-BU.{)518 ROIIisedl900 THE DUTCH ELM DISEASE DAVID W. FRENCH MARK E. ASCERNO WARD C. STlENSTRA MINNESOTA EXTENSION SERVICE UNIVERSITY OF MINNESOTA David W. French isa professor, Department of Plant Pathology. Mark E. Ascemo is an assistant professor, Departmentof Entomology, Fisheries, and VVildlife. and extension entomologist. Vlfard Stienstra is an associate professor. Department of Plant Pathology, and extension plant pathologist. All species of elms native to North America are susceptible to Dutch elm disease. The most common elm species is the American elm, Ulmus americana, occurring naturally over most of the eastern Unrted States from southern Canada to central Florida and west to the Rocky Mountains. It has been extensively planted, will grow in a wide variety of soils, and tolerates a wide range of soil moisture. Someofthe European selections are more resistant than the American elm. Siberian elm, Ulmus pumila, which has been planted in shelter belts and as a shade tree, is iess susceptible but not immune to Dutch elm disease. Dutch elm disease, as the name implies, was first described in the Netherlands in 1919. It spread rapidly in Europe and by 1934 was found in most European countries and the Brrtish Isles. In 1930 four diseased trees were found in Ohio. Ophiostoma ulmi (formally Ceratocystis ulmi), the fungus which causes this disease, had been introduced to the Unrted States from Europe in logs which contained both the fungus and the smaller European elm bark beetle. The European elm bark beetle, however, had been reported in Massachusetts as early as 1909. Minnesota's first case ofDutch elm disease was found in SI. Paul in 1961. Later the same year, seven infected trees were found near Monticello, 40 miles northwest of SI. Paul. Through the 1979 season, the disease was reported in 82 of Minnesota's 87 counties, with only the Northeastern and Northwestern comers of the state reporting no disease. The disease is more abundant in the southern third of the State. In all, Minnesota has lost between 10 and 20 percent of its 140 million elms to the Dutch elm disease. 1 symptoms The first evidence of the disease generally is witting or flagging in one or more oflhe upper branches. Leaves on affected branches turn dull green to yellow and curl, then become dry and brittle, and turn brown. Some trees die several weeks after becoming infected; others wilt slowly and survive for a year or longer. Systemic infection (fungus present in large sections ofthetree) may resutt in wilting, as well as dead and dying shoots along the infected limbs. Peeling bark from witted branches reveals lightto dark brown streaks or solid blue to gray discoloration oflhe wood beneath the bark (ftgure 1). In cross section this appears as a brown discontinuous ring in the outer sapwood of the wilting, dead, and dying branches. Although other fungus diseases and wounds can cause similar discoloration, when Dutch elm disease is prevalent, then such discoloration is sufficient evidence of Dutch elm disease for sanitation measures to be initiated immediately. ~ :,,:,~, J ".. y" Figure 1_ This cross section and stripped elm branch show the discoloration beneath the bark which can mean Dutch elm disease. When positive identification ofthe disease is required, diseased portions showing vascular discolora- tion can be laboratory tested for the presence of the Dutch elm disease fungus. Samples should be about 1/2-inch diameter, 5-10 inches iong, and must be from the branch which is witting (the fungus cannot be isolated from dead, dried branches). Samples may be sent to: Cause Dutch Elm Disease Laboratory 90 West Plato Boulevard Division of Plant Protection SI. Paul, MN 55107-2094 The fungus Ceratocystis ulmi invades and grows in the water conducting vesselS of elms, induc- ing the host tree to produce tylosis (growths) and gums which, together with the fungus, plug the vessels, preventing water uptake. This causes the tree to wilt and die. 2 Fungus Transmission by Beetles In the U.S. the fungus is spread by the smaller European elm bark beetle, Sco/ytus multistriatus, and the native elm bark beetle, Hylurgopinusrufipes (figure 2). The European beetle is the primary vector (disease carrier) in the southern portion of Minnesota, including the Twin Cities, while the native beetle is the major vector in the northern portion of the state. Native and European elm bark beetles use dead or dying elms for breeding. In areas where disease is present, most dead elm wood is already infested with the Dutch elm disease fungus. Beetle breeding tunnels in infected wood become filled with fungus spores, resulting in contamination of the bark beetles. Emerging adult beetles carry fungus spores inside and outside their bodies. Thus, when beetles breed in infested elm material, It is the first step toward the spread of Dutch elm disease to healthy trees. Figure 2. European elm bark beetle (left) and native eim bark beetle (right). Both are about 118 Inch long. The second step occurs when the beetles feed on healthy trees. The European beetles fly to healthy elms during this phase and feed in smalllwig crotches, and the native beetles feed on larger branches. The water-conducting vessels (the xylem) are exposed to the beetle-carried spores as the insects feed through the bark. The tree responds to the fungus by plugging Its vessels. This defense mechanism results in flagging (wilting) of one or more of the upper branches. Once established, the fungus can move throughout the tree's water-conducting system, resulting in systemic infection. The initial fungus spread, however, is often relatively slow and on occasion may not become systemic. Such slow-developing infections are not very apparent until the fungus moves into the larger branches and rapid wilting occurs. Fungus Transmission Through Root Grafts The fungus also can spread from tree to tree through root grafts (roots naturally fused together), especially if spacing is less than 30 feet between elms. Root grafting may occur between larger trees up to 60 feet apart (figure 3.) Death of a tree infected through root grafts is much more rapid (a few weeks or less) than that caused by beetles. Figure 3. The Dutch elm disease fungus can spread through root grafts. 3 BEETLE LIFE CYCLE European Elm Bark Beetle The European elm bark beetle overwinters in the larval stage under the bark of dead or dying elm wood. Pupation occurs In spring and adu~ beetles emerge in June. Cool weather may delay emergence. After emergence, the adults fly to nearby elm trees to feed in the crotches ofsmall branches. It is during feeding that fungus spores can be introduced into the large springwood (water -conducting) vessels of healthy trees (figure 4). lithe tree encountered is not an elm, the beeties do not feed but continue to fly until an elm is reached or until they die. In this way the beetles and the fungus are occasionally dispersed up to several miles. After feeding in healthy trees, the adult beetles seek suitable breeding sites under the bark of recently dead or dying elm trees or logs. Elm trees or logs dead for reasons other than Dutch elm disease can serve as suitable breeding sites. Adu~s burrow into the bark and excavate tunnels for egg laying in the soft inner bark and adjacent wood. The egg tunnels of the European species run paralleltothewoOd grain. Eggs hatch and larvae feed at right angles tothe egg-laying tunnel to produce a charaoteristic pattern (figure 5). Figure 5. The egg-taying galleries of the European bark beetles run parallel to the grain of the tree, with the larval feeding tunnels at right angles to the main gallery. Figure 4. Eurpoean elm bark beeUes feed inside the crotch of the branch, spreading the fungal spores of Dutch elm disease A second generation of adult beetles is pro- duced in July, August, or September, with the time of emergence depending on when the eggs where laid, the moisture content olthe wood, and weather. Trees with severe wilt after spring leafing are capable of producing second generation adu~s by July 15. Slow- wilting trees and trees infected later in the season produce beetles later in the summer. However, condi- tions within a tree vary, making it possible for more than one group of second generation adults to emerge from the same tree. After emergence, the second genera- tion adults, like their first generation counterparts, fly to healthy trees to feed. After feeding, the second generation adu~s seek elm material suitable for breed- ing to construct egg-laying tunnels. Some of the resulting larvae will become the overwintering popula- tion; others, because of favorable weather, produce a partial third generation of adult beetles in October (figure 6). Native Elm Bark Beetle Native elm bark beetles In Minnesota normally have one generation a year and overwinter as adults. However, they can overwinter as larvae (grubs) where beetle population levels are high and brood wood is abundant. Thus sanitation programs appear to force the beetle to winter as an adult Native adults overwinter in bark or bark crevices of elms, often wilhin the first six inches at the base of hea~hy elm trees. They become active in April as the weather warms and some may seek healthy elms for feeding, an important factor in early-season disease transmission. But some seek dead and dying elm 4 material for breeding. As with the European elm bark beetles, this wood does not have to be diseased. Eggs are laid in tunnels the adults excavate under the bark. Unlike those of the European species, these tunnels run across the wood grain. Grubs feed at right angles to the egg tunnels, producing characteristic galleries. Adutt beetles emerge in July and August and may fly to heatthy elms to feed on the bark of larger branches (4-10 inches in diameter). It is during this feeding phase that healthy trees can be inoculated with fungus spores. By late September the adutts seek locations on heatthy elms, near the ground, to spend the winter (figure 7). Under conditions of large popuiations and an abundance of elm breeding wood, approximately 1/3 ofthe native population is capable of starting a second generation that overwinters as larvae. Overwintering native larvae, like European larvae, are found in galleries under the barK of dead and dying elm material. Pupation occurs in the spring and adutt beetles emerge in June, fly to healthy elms to feed, and then find dead or dying material for breeding. Galleries are constructed, eggs are laid, and the resulting larvae produce an overwintering generation of adults. In southern Minnesota, where native and European beetles coexist, the native tends to be found in parks, woods, and along rivers, and less frequently on boulevard trees. In northern Minnesota, where native elm bark beetles predominate, they are found on boulevard trees as well as in wooded areas. MANAGEMENT The primary emphasis in a Dutch elm disease management program is preventative action. The basic elements are: 1. Detection. The systematic Inspection for Dutch elm disease of every elm in a control zone (that area defined by the community as a Dutch elm disease management area) and the detection of all dead elm wood, including firewood piles. 2. Isolation. The disruption of root grafts between infected and heatthy trees. 3. Removal. The prompt elimination of all dead and dying elm material from the control zone. 4. Disposal. The destruction (burning, burying, chipping, debarking) of elm material with intact bark. These measures, collectively called sanitation, are the key to successful management ofthe disease. They can significantly Iimtt the spread of the disease. Other managementtechniques include pruning of early infections, spraying insecticide, and injecting fungicide. Importance of Sanitation The purpose of sanitation is to remove elm bark beetle breeding sites and sources of the fungus, so as to limit the spread of the disease. Failure to employ sanitation measures will lead to higher beetle populations and more dead trees. The need for complete removal of dead and dying elms becomes apparent when one finds that a piece of elm branch the size of a small fireplace log, 22 x 4 inches, can prOduce up to 1,800 beetles. Left to stand, a complete tree could prOduce hundreds of thousands of beetles. If this tree is infested with the fungus, each emerging beetle carrying the fungus spores could then inoculate heallhy trees during feeding. However, early detection and proper tree disposal prevents ALL these beetles from spreading the disease. In addition to eliminating the beetle population, sannation also eliminates a potential reservoir for the disease. The fungus, intrOduced by contaminated beetles in the breeding phase, can become established in uninfected (nondiseased), nonliving elm woOd. Once infested, this otherwise disease-free material becomes a source for continued beetle spread of Dutch elm disease to healthy trees. 5 Sanitation Timetable All dead and dying elm wood from the previous year must be properly disposed of prior to April 1 since adult native elm bark beetles can become active on this date. This also guarantees destruction of overwintered larvae of both the European and native elm bark beetles prior to their June emergence (figures 6 and 7). Figure 6. Life cycle of European elm bark beetle. Overwintering larvae Active adults Overwintering larvae Jan May June Sept Oct Nov Dee *H-Adults from high-risk trees US-Adults from slow-wilting trees Figure 7. Ufe cycle of native elm bark beetle Overwintering adults Active adults Dee Jan Mar ~r May June 'Under certain conditions (high beetle populations, abundant brood wood) native elm bark beetles can overwinter as larvae, which then emerge as active adults the following year by June 1. Overwintering larvae I Detection of dead and dying elm trees in early June is the next essential step in thesanttation program. Delays caused by attempts to posttively detect the presence of the fungus could reduce the effectiveness of the program, by allowing time for infested beetles to emerge. Regardless of the cause of death, the tree is a potential breeding site for contaminated beetles. Once detected, dead and dying elm trees should be promptly isolated as necessary, removed, and destroyed. However, the epidemic proportion of the disease in many areas creates removal and disposal difficulties that require the wisest and most effective use of resources. These communities will need to concentrate initial efforts on trees which pose the greatest threat and then on trees which are a less serious threat. High-risk trees are those which have severe or rapid wilt after spring leafing, for they are capable of producing a second generation of European adults by July 15. It is imperative that high-risk trees be removed and disposed of by July 15. Removal by July 15 will also be effective against the native elm bark beetle, which can be found on dead or dying elms until that date. Removal after July 15 will be ineffective against the native, since tt is no longer to be found on dead or dying trees. Slow-wiiting trees do not become a hazard until late in the summer, but by then the water-conducting vessels have become smaller and thus are less susceptible tothe disease. In sanitation programs with limited resources, slow-witting trees and trees detected later should be removed as soon as possible over the remainder of the year (prior to April of the following year). It is important to understand that delays in tree removal and disposal can permit beetle population increases and impair disease management. Therefore, every communtty should constantly strive for prompt removal and disposal of all dead and dying elms. For those communities without resources for immediate removal and disposal, selective removal and disposal of high-risk trees will produce the best results. Disposal Disposal of diseased elms is the final important step in a successful sanitation program. The goal is to destroy the beetles and to eliminate their breeding sites. Burning and burying are the most effective means of disposal but are not productive from the standpoint of wood utilization. Chipping is a good alternative 6 to burning and burying since chipped wood cannot support beetle development. Elm should not be used as firewood unless ~ has been debarked. AI1 attempts at eim utiliZation must take into account the primary concern of wood disposal. the timely elimination of beetles and beetle breeding material. Prim8TY .q barrier :.. /!~' I.> ~ <\ :~J~~~h~ 7 ~ i'J~ 1'\ :~ !'i L' .J ,- Figure 8. Tvpical root graft barrier installation. Primary bal'"rier Secondary barrier J1\ 30 ft. 30 ft. Elms on one side Figure 9. Root graft barriers on one side and on all sides. Prevention of Root Graft Spread (Isolation) Elms on all s.ides The fungus causing Dutch elm disease commonly spreads from infected to nearby heal1hy trees through naturally grafted root systems. This spread can be prevented by isolation of the diseased tree (I.e., by disrupting the root grafts) either by mechanically trenching around infected trees, using a soil trencher or vibratory plow, or by using a chemical, SMDC (Vapam). A secondary barrier is suggested between the trees closest to the diseased tree and the second ciosest trees, since some apparently healthy trees may already be infected at the time of treatment (flQure 8). Root graft barriers shouid completely encircle the diseased tree when elms are present on al1 sides. If elms are only on one side, the barrier should extend to a point at lease 30 feet from the diseased tree and from the healthy tree (figure 9). A trench 36-40 inches deep between diseased and healthy trees immediately disrupts root grafts between these adjacent trees. The easiest way to trench is with a vibratory plow or a mechanical trenChing machine, buttheir use may be lim~ed in rocky soils or where underground utilities are present. Afterthe trench is dug, refill it, and immediately remove the diseased elm trees. 7 The chemical barrier is established on a line midway between the diseased tree and the adjacent healthy tree and should extend as far as necessary to disrupt all potential root grafts. A series of holes, 15- 18 inches deep, 3/4-1 inch in diameter, and 6-12 inches apart, are made along this line. One part of Va pam is mixed with 3 parts water, and 2-8 fluid ounces of the diluted chemical are placed in each hole. Vapam should be applied 2 weeks before the tree is removed. Va pam should not be applied within 8-10 feet of a healthy tree since injury may occur because of root loss and chemical uptake. Soil temperatures below 50oF. and waterlogged soils reduce effectiveness of treatment. Regrowth of roots across the control barrier is not a problem since the diseased tree and its root system die and grafting can no longer take place. Root grafts can occur under sidewalks and driveways; therefore, it is advisable to angle the holes beneath asphan or concrete to disrupt root grafts. All root grafts must be disrupted if this means of spread is to be stopped. Pruning Diseased Trees Early beetle infections can be removed from elm trees. A minimum of 8-10 feet of disease-free wood (no discoloration beneath the bark) below obviously infected branches must be removed. The entire circumference of the branch must be examined to be certain that the fungus has been removed. If elms are pruned when beetles are active, tree wound dressings should be applied to all pruned surfaces more than two inches in diameter. These trees should be examined regularly for any further development ofthe disease so that they do not become a source of the fungus and beetie. it is very unlikely that the Dutch elm disease fungus can be spread on pruning equipment, but it is advisable to wipe equipment clean when moving from diseased to heanhy trees. Insecticides Although a few insecticides are labeled for application to the crowns of healthy trees to prevent or reduce insect feeding, they add only a small amount of protection and are not nearly as effective in reducing bark beetie numbers as proper wood disposal. Therefore, this type of application is generally not recommended. The insecticide chlorpyrifos (Dursban) can be applied to the base of heailhy trees to prevent orreduce overwintering by native elm bark beetle aduits. It is recommended as a supplement to sanitation in areas where the native beetle is a significant factor in the spread of Dutch elm disease. Dursban must be applied on a community-wide basis to be effective. It is not recommended for individual homeowners. Beforespraying is initiated, sampling techniquesshouid be used to determine the presence of the native bark beetle in the area. Details on sampling and application can be found in Minnesota Tree Line 27, Native Elm Bark Beefle Control. Trunl<spraying does not affect the European elm bark beetle because it overwinters as a grub in dead or dying elm wood and not as an adult at the base of healthy trees. The best method for controlling elm bark beetles that overwinter as larvae (grubs) is sanitation - promptly removing and disposing of brood wood. Fungicides Systemic fungicides, when properly administered, will protect healthy elms from infection and will cure trees in an early stage of beetle infection. Benomyl (Lignasan BLP or Corex) and thiabendazole (Arbotect 20- S) have been approved for eim tree injection. Of the two chemicals, Arbotect 20-S is the most effective because it may provide protection for two and possibly three growing seasons and can save diseased elms not infected via root grafts, provided the infection is in an early stage, the chemical distribution is complete, and the dosage is adequate. Complete distribution ofthe chemical can be achieved with a root flare injection below grade with two injection sites per inch of trunk diameter (hole diameter: 3/16 to 5/16 inch). Elms can be injected when they have leafed outfully but should not be treated before June 1. Best long-term protection resuils from treatments administered after July 1. Effective use of either chemical is expensive and injurious to the tree. Injection is recommended only for highly valued trees, and then only if the tree is in imminent danger of becoming infected. Therapeutic treatment oftrees with minor infections, less than 5 percent of the crown, may be the most cosl- effective. Step-by-step instructions for injecting fungicides are provided in Extension Folder 504, Howto Inject Elms W1th Systemic Fungicides. Ailhough promising and useful in certain situations, systemic fungicidesmust 8 oe viewed only as an aid. Sanitation - removal of dead and dying elms - is the key to Dutch elm disease management. DETECTION METHODS Ground Survey Ground survey crews, able to work in most weather conditions, will detect a high percentage of the disease trees, which can be marked for removal. These crews shouid be able to recognize early symptoms of Dutch elm disease and understand how it is spread. They can observe more of the elm crown if the area to be examined is approached from several different directions rather than following the same pattern on each survey. Weekly surveys during June, July, and early August will detect most diseased trees. Ground surveys are slow and difficult in wild or undeveloped areas. Early infections evident only in the treetops can be missed from below. Ground survey by community residents may be effective as long as there is coordination and leadership. Experience Indicates communities cannot depend on every neighbor- hood to be as effective, efficient, and accurate as is required. Aerial Survey Aerial photography resuits in detection of 50-70 percent of the diseased trees. Advantages of this technique are the speed and iowcost ofthe operation. The lack of accuracy, weather limitations on flying time, problems in mapping locations of diseased trees, and dependence on ground crews to mark trees for removal are disadvantages. Aerial inspection after infected trees have been removed from an area is a good followup method and may detect additional diseased trees. While aerial photographY lacks the accuracy of a ground survey, it does provide an accurate up-to- date map of diseased trees and information on total tree populations. Aerial photography can be done quickly, If weather is suitable and aircraft available. The complexity of aerial photography requires a specialist to insure maximum resutts. Ektachrome infrared film with a Wratten 12 or21 filter at a scale of 1 :9600 is recommended. Various cameras are available for aerial photography and, atthough 9-inch is excellent, 70 mm or even 35 mm are suitable. Aerial photography will be of most value to the community if done in early July when trees are wilting and color contrasts are at a maximum. A second survey should be completed before August 15 to avoid fall coloration or discoloration of foliage due to other causes. PROSPECTS FOR MANAGEMENT IN MINNESOTA Excessively cold winters and highly fiuctuating spring temperatures may assist in managing Dutch elm disease. An effective sanitation program, however, is absolutely necessary to reduce elm losses. What your area or neighborhood does greatly determines the future of elms in the control zone. The movement of disease from wild areas outside the neighborhood into control areas is hard to manage and will eventually reduce the population of trees along the common border. But that should not deter efforts to manage the disease within the control zone, since most Dutch elm disease In Minnesota occurs from sources within a control area rather than from outlying wild areas. Wild areas should not be given high priority until the disease In the control zone has been successfully managed. Resistant Elms All species of elm are more or less susceptible to Dutch elm disease. Individual trees, especially in the Chinese and Siberian elm group, have some resistance but are not immune. Despite the resistance of Siberian elm, thespec;es is not recommended because it issubjecttowinterinjury and can support bark beetle populations. The resistant elms which have been developed do not have the size or growth form of the American elm. The best atternative isto plant a variety oftreespecies, other than elm, to avoid future disasters such as Dutch elm disease. 9 . RECOMMENDED TREES FOR MINNESOTA Soil type. moisture, winter temperatures, and exposure are factors affecting the choice oftree species for replacing American elm. There is no perfect tree for every location in the state, and each species has advantages and disadvantages. All trees may attimes be attacked by insects or diseases, but fortunately most are not as serious as Dutch elm disease. Further information about recommended trees Is available from Agricuttural Extension publications. your county extension office, the Minnesota Landscape Arboretum. and experienced nurserymen. A partial list of available shade trees follows: Sugar maple (Acer saccharum) Red maple (Acer rubrum) Silver maple (Acer saccharinum) Norway maple (Acer platanoldes) Northern pin oak (Quercus ellipsoidal/s) Eastern pin oak (Quercus palustris) Northern red oak (Quercus borealis) Ohio buckeye (Aesculus glabra) Kentucky coffee tree (Gymnocladus dlOlcus) Honey locust (G/edltsla trlacanthos) American linden (Til/a americana) Littleleaf linden (Tilia cordata) Ginkgo (Ginkgo biloba) Pagoda dogwood (Com us altemifol/a) Black cherry (Prunus seretlna) Ironwood (Ostrya vlrglnlana) Green ash (Fraxinus pennsylvanica) White pine (Pinus strobus) European larch (Larix decidua) Hackberry (Celtis occ/dentalls) Bigtooth aspen (Populus grand/dentata) The information given in this publication is for educational purposes only. Reference to commercial products or trade names is made with the understanding that no discrimination is intended and no endorsements by the Minnesota Extension Service is implied. Issued in furtherance of coopera'tive extension work in agricutture and hOrTlEl economics, acts of May 8 and June 30, 1914. in cooperation with the U.S. Departmentaf Agriculture, PatrickJ. Borich, OeanandOireetorofMinneso1a Extension$ervice. University of Minnesota, St Paul, Minnasota 551 08. The University of Minnesota, im::ludingthe Minnesota Extension Service, Is committed to the policythatallpersons shall have equalaccessto itsprograms, facilities, and e"l'loymentwithout regard to raat, religion, color, sex, national origin, handicap, age, veteran status, or sexual orientation. 10 How to Identify and Manage Dutch Elm Disease Page 1 of 16 . HOW to Identify and Manage Dutch Elm Disease e United stales ,."~ Oeperlmenl Qf Agr"""'e p~ by IIortheeslern Arc. forest ServIce stale & Privele Forestry NA-PR-<J7 -98 Autbor Linda Haugen is a Plant Pathologist with the USDA Forest Service, Northeastern Area State and Private Forestry, St. Paul, Minnesota. Acknowledgments Thanks are extended to the many scientists who contributed suggestions and background material for this publication. Particular thanks for review of technical content go to: Mark Stennes, Consulting arborist, Top Notch Tree Care; Dr. Jay Stipes, Professor of Plant Pathology, Virginia Polytechnic Institute and State University; Dr. Eugene Smalley, Emeritus Professor of Plant Pathology, University of Wisconsin-Madison; http://www.na.fs.fed.us/spfo/pubs/howtos/ht_ded/ht_ded.htm 8/25/2004 How to IdentifY and Manage Dutch Elm Disease Page 2 of 16 Dr. Alden Townsend, Rese8ICh Geneticist, USDA National Arboretum; James Sherald, Plant Pathologist, National Park Service; and Dr. Richard Campana, Emeritus Professor of Plant Pathology, University of Maine. Thanks for review of practical content are extended to Jim Hermann of Minneapolis Park and Recreation Board for review of the manuscript. Cover photo: Branch flagging symptoms from a single point of Dutch elm disease infection in crown of elm. (Photo courtesy of Dr. R. Jay Stipes.) The use of trade of firm names in this publication is for reader information and does not imply endorsement by the u.s. Department of Agriculture of any product or service. Contents . Introduction . Symptoms . DistinguishingJ!utchELm Dis~~ fr9m otheu:lroblem!> . Disease Cycle of Dutch Elm l>ise;tse . Managing Dutch Elm Diseas~ . Trees in Natural Stands and Wild.Area~ . llicidi~Which Mana$menl Practices to Use . Bibliography Introduction At one time, the American elm was considered to be an ideal street tree because it was graceful, long-lived, fast growing, and tolerant of compacted soils and air pollution. Then Dutch elm disease (OED) was introduced and began devastating the elm population. Estimates ofDED losses of elm in communities and woodlands across the U.S. are staggering (figure I). Because elm is so well-suited to urban environments, it continues to be a valued component of the urban forest despite the losses from DED. The challenge before us is to reduce the loss of remaining elms and to choose suitable replacement trees for the ones we cannot save. http://www.na.fs.fed.us/spfo/pubs/howtos/ht_dedlht_ded.htm 8/25/2004 How to Identify and Manage Dutch Elm Disease Page 3 of 16 Figure 1. This photo is all too typical of the devastation caused by Dutch ehn disease. Once a tree in a row is infected, the disease can move through connected root systems to kill the entire row. (photo courtesy of USDA Forest Service via Dr. R. Jay Stipes, Virginia Polytechnic Institute and State University) This guide provides an update for urban foresters and tree care specialists with the latest information and management options available for Dutch elm disease. Symptoms DED symptoms are the result of a fungus infecting the vascular (water conducting) system of the tree. Infection by the fungus results in clogging of vascular tissues, preventing water movement to the crown and causing visual symptoms as the tree wilts and dies. Foliage symptoms: Symptoms of DED begin as wilting ofleaves and proceed to yellowing and browning. The pattern of symptom progression within the crown varies depending on where the fungus is introduced to the tree. If the fungus enters the tree http://www.na.fs.fed.us/spfo/pubs/howtos/ht_dedlht_ded.htm 8/25/2004 I - How to IdentifY and Manage Dutch Elm Disease through roots grafted to infected trees (see disease cycle section), the symptoms may begin in the lower crown on the side nearest the graft and the entire crown may be affected very rapidly. If infection begins in the upper crown, symptoms often first appear at the end of an individual branch (called "flagging") and progress downward in the crown ( cover photo). Multiple branches may be individually infected, resulting in symptom development at several locations in the crown (figure 2). Symptoms begin in late spring or any time later during the growing season. However, if the tree was infected the previous year (and not detected), symptoms may first be observed in early spring. Symptoms may progress throughout the whole tree in a single season, or may take two or more years. Page 4 of 16 Figure 2. Branch death, or Flagging, at multiple locations in the crown of a diseased elm. (Photo coul1esy of Dr. Steve Katovich, USDA Forest Service, Sf. P aul,MN.) Vascular symptoms: Branches and stems of elms infected by the DED fungus typically develop dark streaks of discoloration. To detect discoloration, cut through and peel off the bark of a dying branch to expose the outer rings of wood. In newly infected branches, brown streaks characteristically appear in the sapwood of the current year (figure 3). It is important to cut deeply into the wood or look at the branch in cross section for two reasons: (1) As the season progresses, the staining may be overlaid by unstained wood, and (2) if infection occurred in the previous year, the current sapwood may not be discolored. http://www.na.fs.fed.usispfo/pubs/howtos/ht_ded/ht_ded.htrn 8/25/2004 How to Identify and Manage Dutch Elm Disease Page 5 ofl6 Figure 3. Brown streaking develops in sapwood of branches infected by Dutch elm disease fungns. Streaking is visible here (from left to right) in: (I) the newly formed sapwood, (2) spring sapwood overlaid by Wlinfected summer wood, and (3) is absent in an Wlinfected branch. (Photo courtesy of the America Phytopathological Society.) Distinguishing Dutch Elm Disease From Other Problems Other pest problems commonly observed on elm include leaf spot diseases, which cause dark spots of dead tissue in the leaves, and elm leaf beetles, which eat holes in the leaves. These problems are easily distinguished from DED. Elm leaf beetles do not carry the Dutch elm disease fungus as elm bark beetles do. Two other diseases, elm yellows and bacterial leaf scorch, are more easily confused with DED. The symptoms of these diseases are compared to DED in table 1. Table 1. Comparison of symptoms of three elm diseases. Dutch Elm Disease Elm Yellows Bacterial Leaf Scorch Initially affects individual Affects the entire Damage initially observed on branches crown. single branches, and spreads to entire crown; oldest leaves OR affected first. Affects lower crown nearest root graft. Leaves wilt and turn yellow, Leaves turn yellow Leaves brown along margin, with then brown. and may drop early. a yellow halo. http://www.na.fs.fed.uslspfo/pubslhowtos/ht_ded/ht_ded.htm 8/25/2004 How to Identify and Manage Dutch Elm Disease Page 6 ofl6 Symptoms often observed in Symptoms visible Symptoms appear in summer and early summer, but may be from July to early fall. exhibited any time of the September. growing season. Brown streaking in sapwood. No discoloration in No discoloration in sapwood. sapwood. No discoloration in inner Tan discoloration of No discoloration of inner bark. bark. inner bark. No wintergreen odor. Wintergreen odor in No wintergreen odor. inner bark. Elm yellows. This disease, which is also called elm phloem necrosis, is caused by a phytoplasma (microscopic bacteria-like organism) which systemically infects the phloem tissue (inner bark) of the tree. It is a serious disease that causes tree death. Symptoms of elm yellows differ from OED in that the leaves turn yellow (not brown and wilted) and drop prematurely, and the symptoms appear in the entire crown at the same time. The brown streaking which OED causes in the sapwood is absent, but the inner bark develops a tan discoloration and a characteristic wintergreen odor. Bacterial leaf scorch. This disease is caused by the bacterium Xylella fastidiosa, which infects and clogs the water conducting tissues of the tree. Infection by this bacterium causes a slow decline over many years. Once a tree is infected, symptoms recur annually. Symptoms of scorch are irregular browning along the leaf margin with a yellow border between green and scorched leaf tissue. Older leaves on a branch are affected first. Disease Cycle of Dutch Elm Disease The biology, or "disease cycle," of OED depends upon the host, the fungus and the means by which the fungus moves into new host trees (figure 4). http://www.na.fs.fed.uslspfo/pubs/howtos/ht_dedlht_ded.htm 8/25/2004 How to Identify and Manage Dutch Elm Disease Page 7 of 16 Figure 4. The disease cycle of Dutch elm disease is closely linked to the life cycle of elm bark beetles. (Artwork by Julie Marlinez, Scientific Illustrator, St. Paul, MN) Ei1l!!fe 4. Full-scale image Tbe elm host. Native species of North American elms vary in their susceptibility to OED, even within species. American elm (Ulmus americana L.) is generally highly susceptible. Winged elm (U alata Michx.), September elm (U serotina Sarg.), slippery elm (U rubra Muh!.), rock elm (U thomas;; Sarg.), and cedar elm (U crossifolia Nutt.) range from susceptible to somewhat resistant. No native elms are immune to OED, but some individuals or cultivars have a higher tolerance (and thus may recover from or survive with infection) or resistance to OED. Many European and Asiatic elms are less susceptible than American elm. In addition to genetic factors present in some cultivars and species, physical factors affect tree susceptibility. These factors include time of year, climatic conditions (such as drought) and vitality of the tree. Water conducting elements are most susceptible to infection as they are being produced in the spring, thus elms are most susceptible to infection after earliest leafing out to midsummer. Trees are less susceptible under drought conditions. Vigorously growing trees are generally more susceptible than slower growing trees. Tbe Dutch elm disease fungus. OED can be caused by either of two closely related species offungi: Ophiostoma ulmi (Buism.) Nannf. (formerly called Ceratocystis ulmi) and Ophiostorna novo-ulmi Brasier. The latter, which is more aggressive in causing disease, was recently recognized as being a separate species. The OED fungus was first introduced to the U.S. on diseased elm logs from Europe prior to 1930. It is unknown when the more aggressive species became established in the U.S.; however it was possibly present as early as the 1940's- 1950's, and most likely caused much of the devastating mortality through the 1970's. The less aggressive species is becoming increasingly rare in nature, and the aggressive species is thought to be responsible for most of the current mortality. Although some local resurgence of OED has been observed, there is no evidence that it is due to a change in the pathogen. Localized resurgence is more likely due to the following: (1) a decrease in vigilance in monitoring and sanitation, (2) a build-up in populations of the insect vectors, or (3) ingrowth of susceptible host trees in the wild. Spread by elm bark beedes. Overland spread of OED is closely linked to the life cycles of the native elm bark beetle (Hylurgopinus rufipes Eich.) and the smaller European elm bark beetle (Sco/ytus multistriatus Marsh.) (figure 5). Both beetles are attracted to stressed, dying or dead elm wood to complete the breeding stage of their life cycle. The adult beetles tunnel into the bark and lay their eggs in tunnels (called galleries) in the inner bark. The eggs hatch and the larvae feed in the inner bark and sapwood. The larvae mature into adults and emerge 3 mm or 0.12 inches from the elm wood. If the OED fungus was http://www.na.fs.fed.uslspfolpubslhowtoslht_dedlht_ded.htm 8/2512004 How to Identify and Manage Dutch Elm Disease Page 8 of 16 present in the wood that the beetles infested, the fungus produces sticky spores in the beetle galleries. Spores of the DED fungus are eaten by or stick to the adult beetles as they emerge from diseased trees. Adult beetles then visit healthy trees, feed in twig crotches or branch inner balk, and introduce the fungus into or near severed wood vessels as they feed. Figure 5. Overland spread of DED is closely tied to the life cycles of the Native elm bark beetle (top) and smaller European elm baIk beetle (below). Note that the smaller European elm baIk beetle is actually lsrger than the native elm bark beetle. (.4rtwork by Julie Martinez, Scientific IllU3tratar, St. Paul. MN) The importance of the two bark beetle species as vectors ofDED varies across the range of elms. In northern areas (northern parts of Minnesota, Wisconsin, Maine, New York and New England and most of Canada, where winter temperatures below _60 F are common), the native elm bark beetle is the predominant vector. In other parts of North America, the smaller European elm bark beetle predominates. The life habits of the adults of the two species differ considerably, which has implications for management opportunities. These differences are described below. Smaller European elm bark beetles overwinter as larvae or adults within the stem of the tree where they hatched. They emerge as adults in spring to feed in twig crotches of healthy trees, where they can introduce spores of the DED fungus to the crown. High numbers of beetles frequently will feed in a single tree, resulting in multiple points of infection. The cycle is repeated when beetles then seek out diseased and dying wood to breed in throughout the growing season, completing two or more generations per year. They have the potential to rapidly build up high populations. Adult native elm bark beetles tunnel into the bark on the lower stems of healthy elms to overwinter. In spring they emerge to feed in the inner bark of elm branches and small stems before beginning their breeding cycle. They repeat their life cycle as previously described. They can transmit the DED fungus to healthy trees during the construction of overwintering sites in fall, or, more commonly, during feeding in spring. Once the DED fungus is introduced into the upper crown of healthy elms by bark beetles, it slowly moves downward, killing the branch as it goes. Disease progression may occur rapidly, killing the tree by the end of the growing season, or may progress gradually over a period of two or more years. It is also possible that the tree may recover. The success and rate of progression within the tree depends on tree size, time and location of infection in the tree, climatic conditions, and response of the host tree. Spread through grafted roots. Roots of the same or closely related tree species growing near each other often cross each other in the soil and eventually fuse (become grafted) to each other. The DED fungus can move from infected trees to adjacent trees through these grafted roots. Infections that occur through root grafts can spread very rapidly throughout the tree, as the fungus is carried upward in the sapstream. Root graft spread ofDED is a very significant cause of tree death in urban areas where elms are closely spaced (figure 6). http://www.na.fsfed.us/spfo/pubslhowtoslht_dedlht_ded.htm 8/25/2004 How to Identify and Manage Dutch Elm Disease Page 9 of 16 ',;; "jh Figure 6. Where elms are closely spaced, the Dulch elm disease ftmgus may move down a row of trees through grafted roots. Removing trees without breaking root grafts may not keep the ftmgus from moving into adjacent trees. (photo courtesy of Dr. Joseph O'Brien. USDA Forest Service, St. Paul, UN) Managing Dutch Elm Disease OED is managed by interrupting the disease cycle. The most effective means of breaking the cycle is early and thorough sanitation to limit the population of the insects that transmit the fungus from tree to tree. Other useful means of affecting the disease cycle include using insecticides to kill the insect vector, breaking root grafts between trees, injecting individual trees with fungicides to prevent or halt the fungus, pruning out early infections, and planting OED tolerant or resistant elm cultivars or other tree species. Sanitation to reduce insect vectors. Many communities have been able to maintain a healthy population of mature elms through a vigilant program of identification and removal of diseased elms and systematic pruning of weakened, dying or dead branches. Sanitation by prompt removal of diseased trees or branches reduces breeding sites for elm bark beetles and eliminates the source of the OED fungus. To be completely effective in interrupting the spread of the disease by elm bark beetles, stems and branches of OED infected trees must be de-barked, destroyed, or utilized before the bark beetles emerge. During the growing season, removal should be completed within 2 to 3 weeks of detection. During the dormant season, removal should be completed before April, when overwintering beetles may begin to emerge. Wood from infected trees can be destroyed by chipping, burning or burying. Wood may be http://www.na.fs.fed.uslspfo/pubs/howtos/ht_ded!hCded.htm 8/25/2004 I How to Identify and Manage Dutch Elm Disease Page 10 of 16 retained for use as firewood or sawlogs if it is de-barked or covered from April 15th to October 15th with 4 to 6 mil plastic. The edges of the cover must be buried or sealed to the ground. If it is impossible to destroy all elm wood before the beetles emerge, the wood can be sprayed with a registered insecticide until disposal is possible. If insecticides are used, consider potential exposure to chemical residues when burning or handling the treated wood. Many communities have regulations on the removal of diseased elms and storage of elm firewood; make sure your activities comply with local regulations. Insecticides to kill insect vectors. In areas where the native elm bark beetle is the principal vector, sanitation may be augmented by applying a registered insecticide to the lower stem of healthy elms in late summer to early fall (Le., at the first sign of autumn leaf color change) to kill adult beetles as they prepare overwintering sites. In areas where the smaller European elm bark beetle are common, spring feeding in twig crotches can be prevented by spraying the crowns of elm trees with a registered insecticide. However, this may not be a preferred treatment method because of the difficulty in getting thorough coverage of all susceptible twig tissue, the risk of insecticide drift and exposure, and high expense. Insecticide registrations and recommendations are frequently updated, and may vary considerably between states. Cooperative Extension Services at land grant colleges and certified arborists are able to provide current insecticide recommendations. Disruption of root grafts. Large trees within 25 to 50 feet of each other are likely to have root grafts. Breaking root grafts between infected trees and adjacent healthy trees is an important means to prevent movement of the fungus into the healthy trees. Root grafts should also be disrupted between the healthy tree adjacent to a diseased tree and the next healthy tree. It may even be desirable to sever grafts between very valuable trees before DED is observed in the vicinity, as a proactive measure. Root graft disruption should be completed before the infected trees are removed. Otherwise the transpirational pull from healthy trees will rapidly draw in the contents of diseased tree's root system when the vascular tension on the roots of the diseased tree is released by severing the stem. Root graft disruption can be accomplished by use of a vibratory plow or any trenching machine equipped with the longest blade available (preferably five-feet long, but at least three-feet long). Biocidal soil fumigants may also be used to kill root grafts if no other alternatives are available. However, these chemicals are generally restricted use pesticides and may only be applied by professional pesticide applicators. In addition, biocidal chemicals may not be effective if soil temperatures are below 50 OF. Injecting elms with fungicide. Certain fungicides, when properly injected, are effective in protecting elm trees from infection via beetle transmission. This treatment is expensive and must be repeated every one to three seasons, thus it is appropriate only for high value or historically important trees. The treatment itself also may pose risks to the health of the tree. In order to be effective, the fungicide must be present at adequate concentration at all potential points of infection. Thus the dosage and means of application are critical to success. The injection of chemical into root flares in large volumes of water (macroinjection) provides http://www.na.fsJed.us/spfo/pubslhowtoslht_ded/ht_ded.htm 8/25/2004 How to Identify and Manage Dutch Elm Disease Figure 7. Macroinjection of fungicide into the root flare of an elm tree. (photo courtesy of Mark Ste""es, certified arbolist, & Paul, MN) Page 11 of 16 thorough distribution of chemical in the crown (figure 7). Microinjection (injection of small volumes of concentrated chemical) is also an option, although it's efficacy compared to macroinjection has not been thoroughly researched. Preferably, injections should be done soon after the earliest leaves have fully expanded, but may be done from then to the end of the growing season. Label rates of concentration for chemical application are updated to reflect the most recent findings on effectiveness; always follow the current labeL Harmful effects of fungicide injection have sometimes been reported and include occasional leaf "scorching" or loss. Elms generally recover from this damage. Also, drilling injection holes results in wounding which, if repeated annually, may eventually result in significant discoloration and decay. Following fungicide injection with a flush of clean water can reduce damage to the cambium. Some chemicals are able to protect trees for up to three seasons, thus minimizing the frequency of treatments. Several fungicides are registered for injection to prevent DED infection. These chemicals vary in duration of protective effects, means of application, risk of damage to the tree, documentation of effectiveness, and cost. Certified arborists or Cooperative Extension Services at land grant colleges are able to provide current recommendations on product availability and effectiveness. Eradicating Dutch elm disease from newly infected trees. If a new crown infection ofDED is detected early enough, there is opportunity to save a tree through pruning, fungicide injection, or both. Eradicative treatment is not possible on trees that have become infected via root graft transmission. Pruning, which can literally eradicate the fungus from the tree by removing it, has a high probability of "saving" a newly infected tree that has less than 5% of its crown affected. To be a candidate for eradicative pruning, the infection must be a new infection (not a residual infection from the previous season) and be present only in the upper crown (not yet present in the main stem). http://www.na.fs.fed.uslspfolpubslhowtoslht_ded/hcded.htm L_ Figure 8. Eradicative pruning of branches infected with DED may be effective if there is adequate length (5 to JO feet) of clearwood between the infected tissue and the remainder of the crown, or if the tree has been properly treated with fungicide. (Artwork courtesy of Jim Lockyer, USDA Forest Service, Radnor, PA) 8/25/2004 How to Identify and Manage Dutch Elm Disease Page 12 of 16 Since infection may be more advanced than symptoms indicate, it is important to peel off the bark of infected branches and locate the staining, which indicates the presence of the fungus. All infected branches should be removed at a branch fork at least 5 feet, and preferably 10 feet, below the last sign of streaking in the sapwood (figure 8). Whenever elm branches are pruned during the growing season, pruning paint specifically formulated for use on trees should be applied to prevent attraction of elm bark beetles to the wounded trees. (painting tree wounds is generally not recommended, except to prevent disease transmission in oaks and elms.) Pruning is more likely to be effective if augmented by systemic injection of fungicides. Proper use of fungicides eliminates the need to eradicate all infected tissues from the tree, although all dead branches should eventually be removed. Whereas pruning alone is not effective against residual infections, fungicide injection may be. If fungicides are used, they should be injected prior to removal of diseased branches. The keys to successful eradicative treatment are early detection and prompt treatment Planting Dutch Elm Disease resistant or tolerant trees. Planting trees with resistance or tolerance to DED is a valid management option. However, selecting only a few cu1tivars limits the genetic variability of the population. This could lead to increased risk of widespread losses if these cultivars are found to be susceptible to tree health problems such as poor adaptation to site, air pollution, other elm pests or pathogens (such as elm yellows or elm leaf beetle) or even other strains of OED which may eventually develop. Thus it is prudent to plant a mixture of suitable cu1tivars of as many elm genotypes as possible. Santamour and Bentz (1995) recently published a checklist and brief description of elm cu1tivars in North America. The only true American elms on that list that are commercially available and have strong evidence ofDED tolerance or resistance are the Princeton Elm, the American Liberty "multi-clone," and Independence, which is one of the cultivars in the American Liberty multi-clone. Two additional American elms, Valley Forge and New Harmony, were released by the USDA National Arboretum since the Santamour and Bentz listing was prepared. These two cultivars, which exhibit high tolerance to DED, should be available through retail nurseries by 2001. Besides true American elms, there are many other hybrid elm crosses and species of elm that have high tolerance or resistance to OED. Several of these have attractive form, are well suited to urban environments, and are readily available (figure 9). Many of these are listed and described by Santamour and Bentz (1995) in the previously mentioned checklist. http://www.na.fsJed.uslspfolpubslhowtoslht_dedlht_ded.htm 8/25/2004 ~- How to Identify and Manage Dutch Elm Disease Page 13 of 16 Figure 9. Cultivars of elm selected for resistance to DED are available. This selection of Ulmu. japonica demonstrates the potential these elms have as landscape trees. (photo courteay of Dr. Eugene Smalley, University ofWi.consin-Madi.on} In addition to careful selection of the tree species and cultivar, location and spacing are also important to reduce losses from OED. When selecting landscape trees and their locations, plant a mixture of tree species appropriate to the site. In addition to the species diversity, consider spacing of the trees. Future problems with root grafts can be avoided by carefully selecting planting location and maximizing tree species diversity. Trees in Natural Stands or Wild Areas Infected elms in wild areas and natural stands that are within or near urban areas often serve as a reservoir of elm bark beetles and OED fungus to infect high value landscape trees. Management is necessary in order to protect urban elms. The most effective management option to reduce both the bark beetle vectors and the OEO fungus is sanitation to promptly remove stressed, dead and dying elms as previously described. However, this intensity of treatment is often not feasible. A "trap tree" method was developed in the 1980's to more cost effectively reduce populations of elm bark beetles. Under this method, OED infected elms which are still living are treated with an herbicide that kills the tree quickly and promotes rapid drying out of the bark. The bark beetles are attracted to the dying trees, but the rapidly drying bark is unsuitable for them to complete their lifecycle, and the bark beetle populations are reduced. However, treated trees may then become hazard trees with high risk offalling and causing http://www.na.fs.fed.us/spfo/pubs/howtos/ht_ded/ht_ded.htm 8/25/2004 How to IdentitY and Manage Dutch Elm Disease Page 14 of16 personal injury or property damage. AnOther option in wild areas or natural stands, other than accepting losses from DED, is to eliminate all elms and manage for alternative species. However, it is often desirable to retain elms for biodiversity, aesthetic, economic, or other reasons. Deciding Which Management Practices to Use Different management strategies will be applicable depending on whether you are worldng with a community program or trying to protect individual trees. In a community program, the objective will be to protect a population of elms. Individual landowners, however, may have no control over what neighbors do with their elms but may want to protect or save their own trees. The amount of money an individual or community is able to spend will also vary. Where you have no control over the management of surrounding trees, the only options available are treatments to protect or save individual trees. Good sanitation practices and disruption of root grafts are necessary on individual properties, but these practices alone will not protect a tree from disease transmission by bark beetles from other properties. Preventive fungicide injection, eradicative pruning and fungicide injection, and insecticide treatment are generally the only options available for individual trees. In a community program, resources to spend on individual trees may be low, but there is more opportunity to manage populations of elms. Where there are continuous elms, root graft disruption is essential to halt the spread. Sanitation is key to reducing beetle and DED populations, and is effective. Community ordinances can be established to encourage prompt removal of diseased trees and prevent the storage of elm wood with bark intact. Education will help citizens understand the importance and benefits of working together to manage DED. As resources allow, preventive treatment, eradicative treatment and insecticides can be used to augment a program. If you are working with a community with a significant elm resource, become familiar with the literature listed below and with what has worked well in other communities. The impact of DED on our urban forests has been massive. Despite the losses, elms should and will continue to be a component of many urban forests. We have an opportunity to consider what trees will compose the future urban forest, and we can learn from the past. Landowners and communities can and should choose carefully what types of trees to plant and where to plant them. Bibliography . Allison, J. R., and G. F. Gregory. 1979. How to Save Dutch Elm Diseased Trees by Pruning. USDA FS publication NA-GR-9. . Ascerno, M. E., and R. P. Wawrzynski. 1993. Native Elm Bark Beetle Control. http://www.na.fs.fed.uslspfolpubslhowtoslht_dedlht_ded.htm 8/25/2004 How to Identify and Manage Dutch Elm Disease Page 15 of 16 Minnesota Extension Service Publication FS-1420-GO. . Becker, H. 1996. New American Elms Restore Stately Trees. 1996. Agricultural Research 44 (7):4-8. . Brasier, C. M. 1991. Ophiostoma novo-ulmi sp. nov., Causative Agent of Current Dutch Elm Disease Pandemics. Mycopathologia 115: 151-161. . Gibson, L. P., A. R Hastings, and L. A. LaMadeleine. 1981. How To Differentiate Dutch Elm Disease From Elm Phloem Necrosis. USDA-FS publication NA-FB/P-II. . Hanish, M. A., H. D. Brown, and E. A. Brown (Eds.). 1983. Dutch Elm Disease Management Guide. USDA-FS and USDA Extension Service, Bulletin One. . Lanier, G. N. 1988. Therapy for Dutch Elm Disease. Iournal of Arboriculture 14 (9):229-232. . Lanier, G. N. 1989. Trap Trees for Control of Dutch Elm Disease. loumal of Arboriculture 15(5):105-111. . National Park Service. 1993. Bacterial Leaf Scorch of Landscape Trees. Center for UIban Ecology Information Bulletin. . Santamour, Frank S., Ir., and Susan E. Bentz. 1995. Updated Checklist of Elm (mmus) Cultivars for Use in North America. lournal of Arboriculture 21 (3):122-131. . Schreiber, R R, and I. W. Peacock. 1979. Dutch Elm Disease and Its Control. USDA-FS Agriculture Information Bulletin No. 193. . Stennes, M. A., and D. W. French. 1987. Distribution and Retention of Thiabendazole Hypophosphite and CaIbendazim Phosphate Injected into Mature American Elms. Phytopathology 77:707-712. . Stipes, R I., and R I. Campana, eds. 1981. Compendium of Elm Diseases. Published by the American Phytopathological Society. 96 pp. Northeastern Area State & Private Forestry Offices: Heatkjuarters . Northeastem Area State & Private Forestry USDA Forest Service 100 Matsonford Road 5 Radnor Corporate Center, Suite 200 Radnor, PA 19087-8775 Durham Field Office . Northeastern Area State & Private Forestry USDA Forest Service Louis C. Wyman Forest Sciences Laboratory P.O. Box 640 Durham, NH 03824-9799 Morgantown Field Office . Northeastern Area State & Private Forestry USDA Forest Service http://www.na.fs.fed.uslspfo/pubslhowtoslht_dedlht_ded.htm 8/25/2004 How to Identify and Manage Dutch Elm Disease 180 Canfield Street Morgantown, WV 26505-3101 St. Paul Field Office . Northeastern Area State & Private Forestry USDA Forest Service 1993 Folwell Avenue St. Paul, MN 55108-1099 Pesticide Precautional1" Statement: Pesticides used improperly can be injurious to humans, animsls, and plants. Follow label directions and heed all precautions on the labels. Store all pesticides in original containers, out of reach of children and foodstuffs. Apply pesticides selectively and carefully. Do not apply a pesticide when there is danger of drift to other areas. After handling a pesticide, do not eat, drink or smoke until you have washed. Dispose of empty pesticide containers properly. It is difficult to remove alllraces of a hemicide (weed killer) from equipment. Therefore, to prevent injury to desirable plants do not use the same equipment for insecticides that you use for herbicides. NOTE: Some States have restrictions on the use of certain pesticides. Check your State and local regulations. Also, because registrations of pesticides are under constant review by the Federal Environmental Protection Agency, consult your county agricultural agent or State extension specialist to be sure the intended use is still registered. ~Return to the St. Paul Field Office Home Page http://www.na.fsJed.uslspfo/pubslhowtoslht_dedlht_ded.htrn Page 16 of 16 8/25/2004 . United States Department of Agriculture Forest Service __mlVea NA-PR~ Dutch Elm Disease (OED) and the American Elm For decades the American elm was one of our most treasured trees, gracing streets and parks of many cities with beautiful form and dense foliage. The American elm was particularly well suited to urban sites because it grows quickly, is long-lived, and is tolerant of compacted soils and air pollution. However, in most communities Dutch elm disease (OED) killed a significant number of our American elms and threatens those that remain. By wisely choosing how we manage our urban elm resource, we can reduce the risk of remaining elms becoming diseased. What is DED, and where did it come from? OED is one of the most destructive shade tree diseases that affects elm trees. The disease kills individual branches and evootually the ootire tree within one to several years. A fungus and an insect are responsible for OED developmoot. The fungus was introduced to the United States on diseased logs from Europe in the 1930's. This row of elms was killed by OED. which moved through the root systems from one lree 10 the next. What causes the tree to die from DED? The OED fungus grows and reproduces in the water conducting parts of elm branches and stems. The fungus blocks water movemoot to tree leaves which causes the leaves to wilt and turn brown. How does the DED fungus get into the tree? The fungus needs help from insects, the elm bad< beetles. Elm bark beetles use weakooed and diseased trees to reproduce. Beetle offspring emerge from diseased elms and fly to healthy elms to feed. However, before leaving diseased trees, spores of the OED fungus (which are like tiny fungus "seeds") attach onto them. When these fungus-infested beetles feed on healthy tree branches, they make small wounds in the wood, and the fungus ooters the branch directly through these wounds. Once the fungus is in an elm tree, it can move through the root system of a diseased tree into the root system of adjacoot healthy elm trees. It can do this because roots of elm trees growing close to each other frequootly join or graft to each other. Arrow points out minor OED symptoms (yellowing leaves on a single branch) in an American elm. # Bow can I teU If an American elm bas DED? Look for leaves that are wilting or yellow and which eventually turn brown. Wilting and leaf color change are symptoms of OED that occur during the spring and summer, but usually start to appear one month after trees leaf out in the spring. Leaves most affected appear at the end oflarge branches. Dead branches without leaves may indicate previous year's mortality from OED. In some communities, disease experts make routine elm examinations for OED symptoms. Bow and why do experts evaluate DED symptoms? Experts examine each tree and estimate the percent ofleaves with symptoms and relate this percentage to where symptoms are located. This determines how much disease is in the tree, and it can also indicate whether the fungus infected the tree through joined roots or bark beetle wounds. The most appropriate OED management tactics are based on the amount of disease present. The amount of disease can be described simply as being either minor or major. What are minor amounts of DED In elms and can these elms be treated? Elms with minor OED have few symptoms (less than 10 percent of all leaves) USlllllly located in only one large branch. OED may be eliminated from these trees by pruning out diseased branches and/or injecting chemical fungicide into the base of the trees. If left untreated, however, the amount of disease will increase. What are major amounts ofDED In elms and can these elms be treated? Elms with major OED usually have more than 10 percent of all leaves or more than one large branch showing symptoms. Unfortunately trees with major amounts of disease cannot be effectively pruned. Fungicide injection is unlikely to be effective to stop an infection that has occurred through joined roots or which has affected a large portion of the branches. Elms with major amounts of disease will eventually die from the disease, and provide habitat for beetles and fungi that can infect healthy trees. Elms with major OED should be removed as soon as possible. This removal of diseased elms is called sanitation and is crucial to eliminate the spread of both the elm bark beetles and fungus to healthy neighboring elms. Is there hope for the American elm? Yes. If communities practice good sanitation (removal of dead trees), many existing elms will escape OED infection. It is also possible to prune diseased branches and inject individual high-value elms with fungicides to treat and protect them from OED infection. Also, scientists are now testing American elms that may be tolerant or resistant to OED. Combining all of these management tactics provides promise for the continued presence of American elms in our cities and parks. Where can I get more Information abont DED? The recent publication "How to IdentifY and Manage Dutch Elm Disease" is now available on the Internet at http://willow.ncfes.umn.edulht_dedlht_ded.htm. Information is also available from your city forester, tree care companies, your local Cooperative Extension Service, or the Forest Service offices listed below. Photographs pl'O\lided by Dr. R. Jay Stipes, Virginia Polytechnic Institute and State University. m For additional information, contact: Alan Iskra USDA Forest Service 180 Canfield Street Morgantown, WV 26505 Phone (304) 285-1553 Linda Haugen USDA Forest Service 1992 Folwell Avenue SI. Paul, MN 55108 hltp:llwillow.ncfes.umn.edu July 1999 Page 1 of6 . <#FIELD NAME = TEXT>NO PHYSICAL FILE</#FIELD> <#FIELD NAME = TEXT> l8G.16 Shade tree pest and disease control. subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section. (b) "Metropolitan area" means the counties ot Moka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. (c) "Municipality" means a home rule charter or statutory city or a town located in the metropolitan area that exercises municipal powers under section 368.01 or any general or special law; a special park district organized under chapter 398; a special-purpose park and recreation board organized under the city charter of a city of the first class located in the metropolitan area; a county in the metropolitan area for the purposes of county-owned property or any portion of a county located outside the geographic boundaries of a city or a town exercising municipal powers; and a municipality or county located outside the metropolitan area with an approved disease control program. (d) "Shade tree disease" means Dutch elm disease, oak wilt, or any disorder affecting the growth and life of shade trees. (e) "Wood utilization or disposal system" means facilities, equipment, or systems used for the removal and disposal of diseased shade trees, including collection, transportation, processing, or storage of wood and assisting in the recovery of materials or energy from wood. (f) "Approved disease control program" means a municipal plan approved by the commissioner to control shade tree disease. (g) "Disease control area" means an area approved by the commissioner within which a municipality will conduct an approved disease control program. (h) "Sanitation" means the identification,. inspection, disruption of a common root system, girdling, trimming, removal, and disposal of dead or diseased wood of shade trees, including subsidies for trees removed pursuant to subdivision 4, on public or private property within a disease control area. (i) "Reforestation" means the replacement of shade trees removed from public property and the planting of a tree as part of a municipal disease control program. For purposes of this paragraph, "public property" includes private property within five feet of the boulevard or street terrace in a city that enacted an ordinance on or before January 1, 1977, that prohibits or requires a permit for the planting of trees in the public right-of-way. Subd. 2. Commissioner to adopt rules. The commissioner may adopt rules relating to shade tree pest and disease control in any municipality. The rules must prescribe control measures to be used to prevent the spread of shade tree pests and diseases and must include the following: (1) a definition of shade tree; http://www.revisor.leg.state.mn.us:8181/SEARCH/BASIS/mnstatlpublic/www/DDD/18G. n. 8/25/2004 Page 2 of6 . (2) qualifications for tree inspectors; (3) methods of identifying diseased or infested shade trees; (4) procedures for giving reasonable notice of inspection of private real property; (5) measures for the removal of any shade tree which may contribute to the spread of shade tree pests or disease and for reforestation of pest or disease control areas; (6) approved methods of treatment of shade trees; (7) criteria for priority designation areas in an approved pest or disease control program; and (S) any other matters determined necessary by the commissioner to prevent the spread of shade tree pests or disease and enforce this section. subd. 3. Diagnostic laboratory. The commissioner shall operate a diagnostic laboratory for culturing diseased or infested trees for positive identification of diseased or infested shade trees. Subd. 4. Cooperation by university. The university of Minnesota College of Natural Resources shall cooperate with the department in control of shade tree disease, pests, and disorders and management of shade tree populations. The college of Natural Resources shall cooperate with the department to conduct tree inspector certification and recertification workshops for certified tree inspectors. The College of Natural Resources shall also conduct research into means for identifying diseased shade trees, develop and evaluate control measures, and develop means for disposing of and using diseased shade trees. subd. 5. Experimental programs. The commissioner may establish experimental programs for sanitation or treatment of shade tree diseases and for research into tree varieties most suitable for municipal reforestation. The research must include considerations of disease resistance, energy conservation, and other factors considered appropriate. The commissioner may make grants to municipalities or enter into contracts with municipalities, nurseries, colleges, universities, or state or federal agencies in connection with experimental shade tree programs including research to assist municipalities in establishing priority designation areas for shade tree disease control and energy conservation. subd. 6. Removal of diseased or infested trees. After reasonable notice of inspection, an owner of real property containing a shade tree that is diseased, infested, or ~y contribute to the spread of pests or disease, must remove or treat the tree within the period of time and in the manner established by the commissioner. Trees that are not removed in compliance with the commissioner's rules must be declared a public nuisance and removed or treated by approved methods by the municipality, Which may assess all or part of the expense, http://www.revisor.1eg.state.mn.us:8181/SEARCH/BASIS/mnstat/pubJic/www/DDD/18G. ... 8/25/2004 Page 3 of6 limited to the lowest contract rates available that include wage levels which meet Minnesota mdnimum wage standards, to the property and the expense becomes a lien on the property. A municipality may assess not more than 50 percent of the expense of treating with an approved method or removing diseased shade trees located on street terraces or boulevards to the abutting properties and the assessment becomes a lien on the property. Subd. 7. Rules; applicability to municipalities. The rules of the commissioner apply in a municipality unless the municipality adopts an ordinance determined by the commissioner to be more stringent than the rules of the commissioner. The rules of the commissioner or the municipality apply to all state agencies, special purpose districts, and metropolitan commissions as defined in section 473.121, subdivision Sa, that own or control land adjacent to or within a shade tree disease control area. Subd. 8. Grants to municipalities. (a) The commissioner may, in the name of the state and within the limit of appropriations provided, make a grant to a municipality with an approved disease control program for the partial funding of municipal sanitation and reforestation programs to replace trees lost to disease or natural disaster. The commissioner may make a grant to a home rule charter or statutory city, a special purpose park and recreation board organized under a charter of a city of the first class, a nonprofit corporation serving a city of the first class, or a county having an approved disease control program for the acquisition or implementation of a wood use or disposal system. (bJ The commissioner shall adopt rules for the administration of grants under this subdivision. The rules must contain: (1) procedures for grant applications; (2) conditions and procedures for the administration of grants; (3) criteria of eligibility for grants including, but not limited to, those specified in this subdivision; and (4) other matters the commissioner may find necessary to the proper administration of the grant program. (c) Grants for wood utilization and disposal systems made by the commissioner under this subdivision must not exceed 50 percent of the total cost of the system. Grants for sanitation and reforestation must be combined into one grant program. Grants to a municipality for sanitation must not exceed 50 percent of sanitation costs approved by the commissioner including any amount of sanitation costs paid by special assessments, ad valorem taxes, federal grants, or other funds. A municipality must not specially assess a property owner an amount greater than the amount of the tree's sanitation cost minus the amount of the tree's sanitation cost reimbursed by the commdssioner. Grants to municipalities for reforestation must not exceed 50 percent of the wholesale cost of the trees planted under the reforestation program; provided that a reforestation http://www.revisor.leg.state.mn.us:8181/SEARCH/BASIS/mnstat/publicJwww/DDD/18G.... 8/25/2004 Page 4 of6 grant to a county may include 90 percent of the cost of the first 50 trees planted on public property in a town not included in the definition of municipality in subdivision 1 and with less than 1,000 population when the town applies to the county. Reforestation grants to towns and home rule charter or statutory cities of less than 4,000 population with an approved disease control program may include 90 percent of the cost of the first 50 trees planted on public property. The governing body of a municipality that receives a reforestation grant under this section must appoint up to seven residents of the municipality or designate an existing municipal board or committee to serve as a reforestation advisory committee to advise the governing body of the municipality in the administration of the reforestation program. For the purpose of this subdivision, "cost" does not include the value of a gift or dedication of trees required by a municipal ordinance but does include documented "in-kind" services or voluntary work for municipalities with a population of less than 1,000 according to the most recent federal census. (d) Based upon estimates submitted by the municipality to the commissioner, which state the estimated costs of sanitation and reforestation in the succeeding quarter under an approved program, the commissioner shall direct quarterly advance payments to be made by the state to the municipality commencing April 1. The commissioner shall direct adjustment of any overestimate in a succeeding quarter. A municipality may elect to receive the proceeds of its sanitation and reforestation grants on a periodic cost reimbursement basis. (e) A home rule charter or statutory city, county outside the metropolitan area, or any municipality, as defined in subdivision 1, may submit an application for a grant authorized by this subdivision concurrently with its request for approval of a disease control program. (f) The commissioner shall not make grants for sanitation and reforestation or wood utilization and disposal systems in excess of 67 percent of the amounts appropriated for those purposes to the municipalities located within the metropolitan area, as defined in subdivision 1. Subd. 9. Subsidies to certain owners. A municipality may provide subsidies to nonprofit organizations, to owners of private residential property of five acres or less, to owners of property used for a homestead of more than five acres but less than 20 acres, and to nonprofit cemeteries for the approved treatment or removal of diseased shade trees_ Notwithstanding any law to the contrary, an owner of property on which shade trees are located may contract with a municipality to provide protection against the cost of approved treatment or removal of diseased shade trees or shade trees that will contribute to the spread of shade tree diseases. Under the contract, the municipality must pay for the removal or approved treatment under terms and conditions determined by its governing body. Subd. 10. Tree inspector. (a) The governing body of each municipality may appoint a qualified tree inspector. In http://www.revisor.leg.state.mn.us:8181/SEARCHIBASIS/mnstat/publiclwww/DDD/18G.... 8/25/2004 ~ Page 5 of 6 accordance with section 411.59, two or more municipalities may jointly appoint a tree inspector for the purpose of administering the rules or ordinances in their communities. If a municipality has not appointed a tree inspector by January 1 in any year, the commissioner may assign a qualified employee of the Department of Agriculture to perform the duties of the tree inspector. The expense of a tree inspector appointed by the commissioner must be paid by the municipality. If an employee of the Department of Agriculture performs those duties, the expense must be billed to the municipality and paid into the state treasury and credited to the nursery and phytosanitary account. (b) upon a determination by the commissioner that a candidate for the position of tree inspector is qualified, the commissioner shall issue a certificate of qualification to the tree inspector. The certificate is valid for one year. A person certified as a tree inspector by the commissioner is authorized upon prior notification to enter and inspect any public or private property that might harbor diseased or infested shade trees. (c) The commissioner may, upon notice and hearing, decertify a tree inspector if it appears that the tree inspector has failed to act competently or in the public interest in the performance of duties. Notice must be provided and a hearing conducted according to the provisions of chapter 14 governing contested case proceedings. Nothing in this paragraph limits or otherwise affects the authority of a municipality to dismiss or suspend a tree inspector in its discretion. Subd. 11. Financing. (a) A municipality may collect the amount assessed against the property under subdivision 1 as a special assessment and may issue obligations as provided in section 429.101, subdivision 1. The municipality may, at its option, make any assessment levied payable with interest in installments not to exceed five years from the date of the assessment. (b) After a contract for the sanitation or approved treatment of trees on private property has been approved or the work begun, the municipality may issue obligations to defray the expense of the work financed by special assessments imposed upon private property. Section 429.091 applies to those obligations with the following modifications: (1) the obligations must be payable not more than five years from the date of issuance; and (2) no election is required. The certificates must not be included in the net debt of the issuing municipality. Subd. 12. Deposit of proceeds in separate fund. Proceeds of taxes, assessments, and interest collected under this section, bonds or certificates of indebtedness issued under subdivision 10, and grants received under subdivision 7 must be deposited in the municipal treasury in a separate fund and spent only for the purposes authorized by this section. http://www.revisor.leg.state.mn.us:8181/SEARCHIBASIS/mnstat/publidwww/DDD/l8G.... 8/25/2004 Page 6 of6 Subd. 13. wood use. The Departments of Agriculture and Natural Resources, after consultation with the ~nnesota Shade Tree Advisory Committee, may investigate, evaluate, and make recommendations to the legislature concerning the potential uses of wood from community trees removed due to disease or other disorders. These recommendations shall include maximum resource recovery through recycling, use as an alternative energy source, or use 1n construction or the manufacture of new products. Subd. 14. Municipal option to participate in program. The term "municipality" shall include only those municipalities which have informed the commissioner of their intent to continue an approved disease control program. Any municipality desiring to participate in the grants-in-aid for the partial funding of municipal sanitation and reforestation programs must notify the commissioner in writing before the beginning of the calendar year in which it wants to participate and must have an approved disease control program during any year in which it receives grants-in-aid. Notwithstanding the provisions of any law to the contrary, no municipality shall be required to have an approved disease control program after December 31, 1981. Subd. 15. Certain species not subject to chapter 18G. Chapter 18G does not apply to exotic aquatic plants and wild animal species regulated under chapter 84D. HIST: 2003 c 128 art 4 s 14</#FIELD> http://www.revisor.1eg.state.mn.us:8181/SEARCHIBASIS/mnstatlpublic/www/DDD/I8G.... 8/25/2004 I-~ f LMC League of Minnesota Cities 145 University Avenue West, Sl Paul, MN 55103-2044 (651) 281-1200 . (800) 925-1122 Fax: (651) 281-1299 . TOO: (651) 281-1290 www.lmnc.crg r..."u. 0/ M;........ em.. ONu pr0m067,e rn:ctJJ-". To: City AdministratorslManagers and Clerks t\ _ I. From: Duke Addicks, Special Counsel, League of Minnesota Cities, IJW (651) 281-1221 addicks@lmnc.org Is there a City Code in your Future? Do you need to have your existing code updated? Since its budget time again, I'm sending this brief note and the enclosed brochure to remind you that the League of Minnesota Cities does have a successful and well respected codification service and does provide customized code and code review services to Minnesota Cities. A brochure about our codification services is enclosed. A list of cities to which we provide codification services is on the back of this letter. We partner in this effort with American Legal Publishing Corporation who does our editing, publishing and initial legal review of the draft code. Even thought I am retiring from fuIl-time employment with the League, I expect to continue on a part-time basis to manage the codification service and review, from my perspective as the author of the Minnesota Basic Code and the Handbook for Minnesota Cities, the materials produced by American Legal Publishing Corporation in the codification process. Since I became manager of the League's codification service six years ago, we have produced 73 customized codes, with an additional 10 now in process, and updated several additional codes. This is several times more than all other codification services combined. Unlike other codifiers, our services include a thorough legal review by attorneys familiar with Minnesota law. We will suggest changes to make your code consistent with Minnesota statutory and case law, and provide model and sample language to update your code when advisable. If you would like us to prepare a proposal to update your existing code or develop a customized code for your city, please contact our attorney at American Legal Publishing Corporation, Ray BoIlhauer at (800) 445-5588. He and I will develop a proposal and get it to you within a few days of your request. I hope to be of service to you in the future! Be sure to visit the American Legal /League of Minnesota Cities Codification Service booth at the annual conference. AN EQUAL OPPORTUNITY /A.FFIRMATIVE ACTION EMPLOYER . ) THE LEAGUE OF MINNESOTA CITIES CODIFICATION SERVICE NOW SERVING 176 MINNESOTA COMMUNITIES! (Codification Clients as of August 12, 2004)** 93 CUSTOMIZED CODES COMPLETED (73 IN CONSULTATION WITH AMERICAN LEGAL PUBLISHING CORPORATIONl** "(BEFORE 1997, AT WHICH TIME AMERICAN LEGAL PUBLlSlllNG CORPORATION BECAME OUR CODIFICATiON CONSULTANT, THE LEAGUE COMPLETED 20 CODES-NOT LISTED BELOW) Apple Valley-200! Cosmos-2004 Lake City-2004 St. Michael-200! Arden Hills 2001 Crookston-2004 Lindstrom-2004 Ortonville-200l Austin-2003 Dassel-2003 Lonsdale-2004 Roseau-2004 Backus-2004 Eagle Bend-1997 Mayer-200! Rushmore-l999 Battle Lake 2002 Elbow Lake-2003 Maynard-1999 St. Peter-2004 Belle Plaine-2000 Ellsworth-2000 Meuahga-2002 Shorewood-2003 Beuson-2000 Elko-2004 Milaca-2003 Starbuck-2004 Brooten-2000 Fergus Falls-2002 Montrose-2003 Stewartville-l998 Brooklyn Park-2000 Fosston-200l Mountain lron-2004 Thief River Falls-2002 Buhl-20Ot GrygJa-2002 New Prague-2003 Walker-2000 Byron-2003 Hamberg-2004 New Richland-l999 Warroad-2003 Caledonia-2003 Hermantown-200l Newport-1997 Waseca-2004 Cambridge-2003 Hector-2002 North St. Paui-2004 Watkins-2002 Carver Connty-2003 Hinckley-l999 Osseo-2004 Waverly-2003 Clarissa-200l Hutchinson-2004 Perham-2003 Wayzata-2004 Columbia Heights-2003 Janesville-200l Pine City-2003 Winnebago-2003 Corcoran-2003 Kettle River-200l Preston-2003 Worthington-2000 Cloquet-2001 Kasota-2002 Princeton-2003 Zumbrota-2004 La Crescent-1999 6 LEGAL REVIEWS OF EXISTING CODES AND LAND USE ORDINANCES Belle Plaint-200! Bertha-2002 Blackduck-2004 Kelliher-200l Lino Lakes-2003 Pipestone-2M3 10 CUSTOMIZED CODES NOW IN PROGRESS CentervUle Lakefie1d Madison Pine Rjver Stacy Lake Elmo Lanesbol"o Melrose Spring Lake Park Wells 67 CITIES USE THE MINNESOTA BASIC CODE Akeley Annandale Appleton Ashby Barrett Barnum Baudette Belgrade Big Falls Big Lake Bigfork Bovey Clear Lake Clitherall Deerwood Deer Creek Denham Dundas East Gull Lake Elkton Ellendale Fertile Finlayson Fisher Flensburg FL Ripley Franklin Ghent'" *Cities that have a customized Minnesota Basic Code. 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TO: Honorable Mayor and Council Members Teresa Bender, City clerJ)1" FROM: SUBJECT: Gassen Companies Request DATE: August 20, 2004 Subsequent to speaking with the Public Works Department, the location of the existing mailboxes within the right-of-way, the fact that these mailboxes service two (2) Single Family homes (not the twinhomes) and that the boxes would be located quite some distance from the residences, it would be staff's recommendation not to allow Gassen Companies to relocate them. However, if Gassen Companies provides the City with writing authorization from the individual homeowners that they approve of the relocation, staff would not deter them from same and recommend relocation to Council. tervi[[e 'Es/:a6{isfid 1857 1880 !Main Street . Cente-roi1fe, <J.b.I:. 55038 (651) 429-3232 .:r~ (651) 429-8629 August 20, 2004 Mr. Bruce Andersohn, Anoka County Sheriff 325 East Main Street Anoka, MN 55303 Dear Sheriff Andersohn: At a recent Council meeting, the Centerville City Council directed me to contact your office to determine what interest Anoka County might have in providing the City of Centerville with law enforcement services. Centerville currently receives these services through a joint powers agreement that the City has with Centennial Lakes Police Department. As the cost of these services rises, the City Council is interested in reviewing all of its options in obtaining law enforcement services that protect the safety and security of our community in the most cost effective manner possible. Any information that you can provide for me to pass onto the Centerville City Council would be greatly appreciated. If you have any questions or comments, please feel free to call me at City Hall, 651-429-3232. Sincerely, -~~ Kim Moore-Sykes City Administrator CC: City Council City Attorney =^,. tervi[[e 1880 :Main Street . CenteMere,:M'l{ 55038 (651) 429-3232 . 'fa:( (651) 429-8629 August 20, 2004 Mr. Gordon Heitke, City Administrator City of Uno Lakes 600 Town Center Parkway Lino Lakes, MN 55014-1182 Dear Gordon: As you know from our recent telephone conversation, the Centerville City Council has directed me to contact the City of Lino Lakes to determine what interest the City might have in providing the City of Centerville with law enforcement services. Centerville currently receives these services through a joint powers agreement that the City has with Centennial Lakes Police Department. As the cost of these services rises, the City Council is interested in reviewing all of its options in obtaining law enforcement services that protect the safety and security of our community in the most cost effective manner possible, Any information that you can provide for me to pass onto the Centerville City Council would be greatly appreciated. If you have any questions or comments, please feel free to call me at City Hall, 651-429-3232. ~)~- Kim Moore-Sykes City Administrator CC: City Council City Attorney . August 24, 2004 Ms. Kim Moore-Sykes City Administrator 1880 Main Street Centerville, Minnesota 55038 Dear Ms. Sykes: This letter is in response to your telephone inquiry as to the possibility of the City ofLino Lakes providing policing services to the City ofCenterville under a contractual arrangement. The Lino Lakes City Council briefly discussed providing policing services by contract and is willing to consider such an arrangement. Staffhas begun preparing a proposal for your review. It is my intention to have the proposal to you within the next two weeks. Ifthat timeline does not meet your schedule, please contact me and we can discuss this further, Thank you for this opportunity to work together to explore new ways of serving the people of our area. Sincerely, Go~':" ~ City Administrator 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651-982-2400' Fax: 651-982-2499' TDD: 651-982-2410 ervi{{e Date: July 29, 2003 To: Honorable City Council Members Administrator Kim Moore-Sykes From: Finance Director Ellen Paulseth Re: Police Study As requested, I have compiled financial information regarding city police budgets. Attached you will find the following reports: Comparison of Public Safety Expenditures Population of Cities 2.500 to 5.000 This report was compiled using the latest infurmation available from the State Auditor's Office, which is fiscal year 2001. The cost of police protection for Centerville in the year 2001 was about 89"10 of the average for cities in the population group. This includes several cities that have county contracts and would not be good comparisons. Using only the cities that have established police departments, which would exclude the cities of Afton, Greenfield, Norwood Young America, Rockford, Victoria, and Watertown, the cost would be about 69% of the average. Police Department Study of Selected Cities This survey contains a sampling of cites in the population group. I did not have time to contact all cities in the group. The information was obtained from the police chief of the city in question, with the exception of the crime statistics, which were obtained from the Bureau of Criminal Apprehension (BCA). In cases where there was no police chief (i.e. , contract with county), the information was obtained from the finance director or city clerk of the city. The annual budget amounts are from the year 2002. The contracts are all current year amounts. I I Con cent Police DeDartment Budeet A conceptual budget was prepared for Centerville using the following assumptions: . 7 sworn officers, plus a chief . 1 records/clerical employee . Supplies and charges similar to Centennial Lakes budget, but prorated where applicable . 4 vehicles . 24-hr coverage A minimum of7 officers is required for adequate 24-hr coverage. Conceivably, there could be one less officer, which would save about $65,000. However, the data from other cities does not appear to support that assumption. Similarly, it would appear that a budget of 4 police vehicles would be very conservative. SalarY Survey of GrouD 7 Cities Average salaries were used to calculate the conceptual budget. There was no consideration given for the inclusion of a detective or CSO in the conceptual budget. These are services currently provided by Centennial takes. It should be noted that it may be necessary to augment the chief s salary in order to attract candidates who are both qualified and willing to accept the responsibility of setting up a new department. Conclusions Currently, the police contract with Centennial takes is approximately $4S5,000. If the city agrees to the new building, that amount could increase to up to $600,000 for a period of time. My best estimate is that it would cost the City of Centerville in the area of $750,000 to $800,000 to support its own police department. While it may be tempting to question whether or not Centerville needs the stated numbers of officers and squad cars and/or the 24-hr coverage, our best estimate can still be obtained by evaluating historical and financial data from already established departments with similar circumstances. Similarly, the question of an adequate facility has not been addressed. Many laws and regulations have an affect on the type of facility needed. In addition, the greatest efficiency can be achieved when operating from a facility designed to accommodate the police function. Special consideration should be given for private administrative offices, a squad room large enough to accommodate a computer network, a locker room, an evidence room, a records storage area, a booking area, an adequate vehicle storage area, and possibly an interview room. While I have confidence in the estimates and information 1 have provided, I encourage you to contact several police chiefs for more detailed information before you consider the option of a separate police department. In addition, the League of Minnesota Cities and the Minnesota Police Chiefs' Association has information which may assist you in this regard. 1/1 e ::I _ 0 '60 CO. Cl>1t) CoOT'" ><_0 __CI>WOO ~ON ";,;: CI> "l"': Q).... (\I ('I') +tCGcnL.. C(/)CI>CI> CI> U.-.c U=::::E .....cUCI> O:J.....u >oil. 0 CI> ~....cc U 0 0 . c..LI.! o.!!!>- 1/1 ::I ".::; Co III 0 Coli. 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" ~ E t: ~ o "~ "5 .. o "0 .., E ~ '" o 0: w ~ ~ " "0 o ~ " ~ U '" o o "! ro '" ;:: City of Centerville Concept Police Department Budget (2004) Salaries Chief (1 @ $70,000) $70,000 Sergeant (1 & $62,000) $62,000 Officers (6 FT @ $50,000) $300,000 Clerical (1 FT@ $15/hr.) $31 ,200 Overtime $10,000 $473,200 Benefits PERA $55,000 FICA $2,000 Medicare $7.000 Health/Life/Disability/Dental $74,000 $138,000 Other Unemployment Insurance $2,000 Workers' Compensation $15,000 $17,000 Supplies Office Supplies $3.750 Operating Supplies $3,650 Fuel & Lubricants $10,000 Uniforms $3,000 $20,400 Other Services & Charges Professional Fees $10,000 Telephone & Radio $3,750 Postage $800 TravellTraining $6,000 Printing/Publishing $150 Property/liability Insurance $18,000 Personnel Testing $1,200 Utilities $3,500 CJRS Access $1,800 MDT Access $4.500 Building Maint $2,000 Computer Maint $2,500 Equip Maint $3,200 Vehicle Repair $6,000 Anoka County Records Lease $22,000 Dues $800 Publications $500 Miscellaneous $1,000 DARE Program $1,500 $89,200 Capital Vehicle Lease Program (4) $20,000 New Vehicle Set-up & Trim $4,000 Equipment (Radios, etc.) $3,000 $27,000 7/29/2003 10:42 AM police concept budget Total Operating Expenses $764,800 . Depreciation Building ($2,500,000 @ 80 years) $31 ,250 $31,250 Total Operating Plus Depreciation $796,050 Notes: Detective not included in budget CSO not included in budaet 7/29/2003 10:42 AM police concept budget '" '" '" '" ~ '" .... '" .... '" ~ ~ CD CD .... "! N CD "! '" 0 IX) 0 '" .... m III '" ~ ..., N N M ~ N m .n .n ci oci <ri <ri m M N CIl.... '" '" '" '" '" N '" '" '" '" '" N N '" '" .!.! CIl '0 :2 D- O '" .... III '" ~ 0 .= ci m ci CIl '" N '" U IV '0 '9 D- IV 0 . .... ~ 0 c m CIl IV N .!.! c '0 S ::l D- CIl :::; ::J: ~ m ~ .... III .... <0 '" .... <0 0 ~ '" N .... ~ <ri ...: N ...: <ri N oci ...: C'!i c >> CIl IV N N N N N '" N N ~ .!.! E '0 D- CIl = VI ~ en ~ M '~ 0 III '" CII 0 .... <0 CI) 'iij ~ CIl ~ .n oci - N N C en ...... .!.! ., CI) M U C . '0 CIl U ~ CII N D- CIl .... CI) ...... c 0 == u.i >> - "'C ~ .... .... .... .... '" .... ::J: .... m N <0 '" N '" ~ u CI) ~ .... m III '" <0 .... .... 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E ;to c. " .l!l u x'" 0 U " " " (fJ = "'" " '" L ::I -"'" ~ >. E "'0 L" .,.- ii; w .a Ul en .5 CL::;: " '" '" ~ '" ... .~ '" :;~ en '" 'c ro a; .!E c. Ui " CO' 'C '5. (ij '" ., '" 8 ~ " ::I U ~ CL--, -'" 0 w 5 E '" (fJ "0 e - '" '" ~ 0 0 0 U iilCJi o ._ :S::S: 1-> (fJ () (!) z ~N '" o o N '" .2 "0 0- >. ~ ::I '" e:- '" (ij '" ::;: CL ~ ~ ~ '" o o ~ 00 ~ .... M"e tun : ';, J '-; , . , , :,",_"._,1/ ij ~ <,'; 1 -rj{'\ . . .;..J),... "-",r CJ . TO: Honorable Mayor and Council Members FROM: Teresa Bender, City Clerk SUBJECT: Storm Drainage on Center Street DATE: Au~~2~20M Previously, Council motioned the following: IX. ANNOUNCEMENTS/UPDATES 1. 20M Street Proiect Mr. Peterson provided an update on the 2004 ~reet project and said the projects are going well. He then said that another crew was brought into Shad Avenue to attempt to bring them back on schedule. He further indicated that the developer " J will not allow the City onto Ground Development property so an alternate ronte is . necessary. ~~ The Council discussed the matter with the City Engineer and City Attorney and \}Jr' jJ? the City Engineer recommended an alternate route that would cost approximately ,\.,J $10,000 more. Mr. Peterson recommended delaying the assessment to them until .~ v t.fr . water is run down that meet. ,_ ~~ oJ Council Member Broussard Vickers indicated that she wants residents informed Cf that they will be assessed for storm sewer and water. Council Member Capra asked whether the residents would have due process if they are not noticed now. City Attorney Hoeft indicated that they would ~ill have the opportunity to comment at the public hearing when water is proposed. Council Member Broussard Vickers asked if the pond has the capacity to handle the extra flow. Mr. Peterson indicated it would be dredged this winter and should have the capacity and the water currently flows to that location. Motion bv Council Member Caura. seconded bv Conncil Member Paar to auurove the alternative chanl!e order as recommended bv tbe City Enl!ineer. Council Member Paar indicated that he wanted it to note precisely that these residents are to be assessed for storm sewer not. now but they will be assessed to the eastern half of Center Street when water is run down that street. Council Member Broussard Vickers indicated that the residents would be assessed the $10,000 cost for running the pipe rather than the $35,000 split amongst the benefiting homeowners. VOTE: AU in favor. Motion carried unanimousIv. Staff has concern regarding the ordering of the drainage project, public hearings, two (2) year period oftime prior to special assessment adoption. During this period, individuals could sell their home, would this be considered pending and need to be reported to title companies? Who will remember that this needs to have public hearings, certification to county, etc.? Could Councilor Legal Counsel clarify the process for this project. I ~, 1 _ lL Miller Hanson Partners I ARCHITECTS + OBSERVATION REPORT Report No.: Project Name: Report Date: Weather: 4 Chauncey Baret! Gardens - Phase II Project No.: 0252 August 17, 2004 Arrival Time: 8:00 a.m. Departure 9:30 a.m. Time: 650, Sunny Present: Frank Dunbar - Dunbar Development Scott Quiring, Chris Kirchoff, Forrest, Scott - Amcon Construction Matt Willcockson - Miller Hanson Partners status of work: 1. 151 floor framing complete. 2. 2"d floor floor trusses and 2nd floor wall panels in progress. 3. Housing roof trusses to be delivered by the end of the week. 4. Garage roof shingling nearly complete. 5. MechanicaVelectrical rough-ins in progress. 6. Concrete curb and gutter and exterior lighting pole bases to begin soon. 7. Wall panels and garage windows on site. .."__...______'.__"n____""'_..____..._.._.,....,_____ """'."_'''.__''''''..___'__... ....___...___..._"...___......... __....__..._.__..__.._...,.___"....___ Items discussed: 1. Cabinets to have bright brass pulls. 2. MHP to select cabinet finish, stone sill, flashing and siding colors. 3. Model unit to be Unit 111; Amcon to verify completion date of model unit. 4. Amcon to verify if a pair of 1'-5' doors with roller latches will be used in lieu of 2'-10" door at B 1 & B3 den closet doors. 5. Amcon to forward testing information to Building Official. 6. MHP to forward ASI information to AmconlBuilding Official. '.-.----.-.-.--.------..-.-.-------..-----.---1--------------~.,----.-.-----------------------._--, i Next mtg date: I 8131/04 I Time: . 8:00 a.m. ! location: i Same i L_.____.__._________.____________.~______,,_.l_L___________________ Report By: Matthew T_ Willcockson Title: Construction Administrator Copies To: Attendees X:\0252\Documents\Red file\Progress Reports\08-17...Q4..N04.doc 1201 HAWTHORNE AVENUE MINNEAPOLIS, MINNESOTA 55403 USA T 612.332.5420 F 612.332.5425 IJIJININ.MILLERHANSQN.COM . Citv of Centerville lURING PROCEDURES The City ofCenterville's recruitment and selection process grants equal employment opportunity to employ the best applicant for each vacancy on merit. It will therefore be the responsibility of City Administration to conduct the hiring process according to the10llowing procedures and to provide uniformity and equal treatment of all applicants. The department head is responsible for the fInal selection of the employee that he/she determines will best meet the needs of the department. The following policies and procedures for the hiring process have been established: Full Time Employees 1. The department head will notifY the City Administrator of an opening and the need to recruit, indicating the requirements he or she desires in the position. 2. The City Administrator reviews the current job description, as well as requirements from the department head, and discusses a recruitment process with the department head. 3. The department head will recommend to the City Administrator whether a non-union position vacancy is to be posted internally or externally. a. Internal postings will provide at least a ten (10) day period for application. b. External postings will provide at least seven (7) days for application from the date of the initial advertisement. . 4. Applications will be received by the City Administrator and held until the closing date for applications. S. All applications are to be reviewed by the City Administrator and the department supervisor(s). 6. The City Administrator and the department supervisor confer on a list oftop applicants to be interviewed. 7. The City Administrator will arrange the interview schedule; provide all interview materials as needed. 8. The City Administrator may require and conduct anyone or any combination of the following testing methods as part of the interview process: a. Scored, 1 00 - point interviews I- I I I I I b. I c. d. e. f. g. h. i. J. , Ability/aptitude tests Achievement tests Scored, performance tests Review of experience Qualifications and training Evaluation of daily work performance Scored, agility tests Work samples Any other acceptable selection techniques deemed appropriate and legal 9. The City Administrator, interested City Councilmembers_and department representatives will conduct the interview. Persons from outside the City of Centerville may also be asked to sit on interview panels. 10. The interview panel will evaluate the candidates based on comparability of qualifications to the job description. 11. The City Administrator and the department supervisor confer on a candidate to be selected. In the event the City Administrator is dissatisfied with the selection made, the decision will be referred to the City Council. 12. The City Administrator and the department head will recommend to City Council a wage or salary which appropriately compensates the selected applicant for his or her experience and skill level, within the salary range for the position. 13. The City Administrator will make the job offer, and upon acceptance, informs the applicant that the offer is contingent upon passing a controlled substance test. Police, Fire and Public Works DOT - covered positions are required to undergo additional testing including physicals and psychological evaluations. 14. The Finance Department will process the paperwork necessary to establish a new employee on the City of Centerville payroll, and provides insurance benefit information. , 15. The department is responsible for orientation of the new employee in the department. Part Time Employees The employment process for part time employees generally follows the same procedures as for full time employees, although the followiog deviations may apply at the discretion of the City Administrator. Depending upon the complexity of the position being filled, the City Administrator may, at its discretion, delegate to the department responsibility for reviewiog applications, conducting interviews, and selecting an applicant or applicants for hire. However, no job off should be made or implied by the department head. Once a candidate has been selected, the department head should notifY the City Administrator, giving the reason for selection of the particular candidate and recommending a wage. Temporary Employees - Rehire Process The procedure for rehiring an employee who worked for the City of Centerville in the same capacity within the last twelve (12) months is as follows: 1. During the temporary seasonal employee's last week of work, the supervisor will complete the appropriate evaluation form. This form will be used in determining whether an employee will be eligible for rehire based on performance. 2. Candidates are only eligible for the rehire application process if they were employed in the same seasonal position during the previous season. An individual who worked in one department would not be eligible to apply as a rehire in a different position or department the next year or season. Applicant Background Checks In accordance with the City's Personnel Policy, the City ofCenterville may conduct a background investigation of an applicant in accordance with the job requirements of a position or as required by law. This may include investigation of past criminal convictions by the Police Department or the Bureau of Criminal Apprehension. 'Esta6[isliecf 1857 1880 :Main Street . Centerm(re,:M7{ 55038 (651) 429.3232 . J'mc (651) 429.8629 August 19, 2004 Executive Title AITN: Casey RE: 7046 Brian Drive (pIN #23-31-22-14-0057) The City released a 2004 Residential Street Improvements Feasibility Report in December 2003 and ordered the project February 25, 2004. Since this time, Mr. & Mrs. Michael Johnson (owners of 7046 Brian Drive) have appealed in writing the Estimated Special Assessment dollar amount of $5,633.00 fur Storm Sewer ($946.00), Street ($2,719.00), Curb & Gutter ($1,968.00). Mr. & Mrs. Johnson have contended that the improvements were previously placed and they were assessed for same. City records indicate that some of these same services have been installed previously (1996-7); however, the assessment was not placed on the Johnson's parcel for same and City records do not indicate that pre-payment or payment in full at any time was received from the Johnson's for this assessment. The City Attorney, Mr. Jim Hoeft, (763) .783- 5122 and City Council both have directed staff to place this original assessment ($1,644.91) on the parcel plus compounded annual interest of 8% which was the original interest rate approved at the adoption of the assessment roll public hearing in 1996. The compounded interest would run from 1997 - 2004. The City Council is very aware of the Johnson's dilemma; however, no motions have been made to decrease the original estimated amount of $5,633 to a lesser amount and this consideration will not be addressed until the public hearing to consider adoption of the assessment roll in October or November, 2004. If you have any further questions, please feel free to contact Ms. Moore-Sykes or City Attorney Hoeft. Sincerely, ~~~ Teresa Bender City Clerk . Cc: Honorable Mayor and Council Members City Attorney Hoeft City Engineer Peterson Mr. & Mrs. Mike Johnson Ms. Kim Moore-Sykes, City Administrator Kim Moore-8ykes rom: ent: Subject: Dawn Hoffner [dawn.hoffner@metc.state.mn.us] Wednesday, August 18, 200412:20 PM Transportation Policy Plan Public Meetings You're invited to review and react to the proposed 2030 Transportation POlicy Plan at one of four upcoming open houses. Join Peter Bell, chair of the Metropolitan Council~ for a presentation of the plan and an opportunity to share your thoughts. The proposed Transportation Policy Plan contains policies and strategies designed to slow the growth in congestion and improve mobility. Consistent with the 2030 Regional Development Framework, adopted by the Council in January, the plan includes sections on transit, highways, aviation, freight, pedestrian and bicycle movement. Minnesota Department of Transportation representatives will also be available at the open houses to discuss how their Transportation System Plan works in close coordination with Council's proposed Transportation POlicy Plan. Open houses - Tuesday, September 7, Noon - 1:30 p.m., Association of Metropolitan Municipalities, 145 University Ave. W., St. Paul - Monday, September 13, 8:00 - 9:30 a.m., Coon Rapids City Hall, 11155 Robinson Dr. NW., Coon Rapids - Thursday, September 16, 7:00 - 8:30 p.m., Inver Grove Heights Community Center, 8055 arbara Ave., Inver Grove Heights - Thursday, September 23, 4:00 - 5:30 p.m., SouthWest Metro Transit, 13500 Technology Drive, Eden Prairie Staff will also be at the following two locations to provide more information. - Tuesday, September 21, 11:00 a.m. - 1:00 p.m., IDS Crystal Court, Minneapolis - Wednesday, September 22, 11:00 a.m. - 1:00 p.m., Fifth Street Center Building Skyway, St. Paul Public Hearing on the proposed 2030 Transportation Policy Plan. - Monday, September 27, 5:00 p.m., Metropolitan Council, 230 East 5th Street, St. Paul You may view the proposed 2030 Transportation Policy Plan beginning August 25 on the Counci11s Web site at: http://www.metrocouncil.org/planning/transportation/TPP/2004/surnmary.htm. Printed copies of the plan will be available at no charge beginning September 1, by calling the Council's Data Center at 651-602-1140 or 651-291-0904. (TTY). The Council is expected to adopt the 2030 Transportation Policy Plan in December. If you have any questions, please contact Bruce Howard, Metropolitan Council Office of Communications, at: bruce.howard@metc.state.mn.us or 651-602-1545. 1 ---- The City ofCenterville 1880 Main St Centerville, Mn 55038 RECEIVED f-UU 2 0 2004 --'~ F~' -/ , ~,~... " On May 24, 2004, the city ofLino Lakes made the protection of northern Peltier Lake permanent! Many people and organizations deserve thanks! Thanks go to the cities of Centerville and Lino Lakes who both had to enact a protection ordinance. Centerville and Lino Lakes passed an ordinance in March 2002, but Lino Lakes needed to remove a sunset clause that would have terminated the no-wake zone protection ordinance and they did. (This no-wake zone ordinance only applies to the northern half of Peltier Lake, which is a part of the lake that is very shallow and filled with aquatic plants. It also helps protect a great blue heron rookery on a large island in the northern part of Peltier Lake.) Special thanks go to Jeff Perry, Natural Resources Specialist for Anoka Parks, Joan Galli, Minnesota DNR Nongame Wildlife Specialist, Marty Asleson, City ofLino Lakes Environmental Coordinator, and Art Hawkins, a biologist working with the DNR. These people provided the detailed expertise and leadership to get the job done. Jeff Perry led a task force on the issue. The outstanding work of these knowledgeable people from 2001 through 2004 was crucial to enact the protection. A total of 556 citizen petition signatures favoring the protection were submitted and was significant to enacting the protection. Thanks to each and every person who signed! It clearly demonstrated the community was in favor of this protection. Special thanks to those who helped gather signatures. Thanks go to the many organizations that supported protection. These include: Minnesota DNR, Anoka County Parks, Rice Creek Watershed District, Anoka County Commissioner Margaret Langfeld, Anoka County Commissioner Rhonda Sivarajah, Minnesota Ornithologist's Union, Director of Bell Museum of Natural History, St Paul Audubon Society, Minnesota Lakes Association, Walter J. Breckenridge Chapter of the Izaak Walton League, and the North American Lake Management Society. The no-wake zone has demonstrated improved water quality and some successful great blue heron nesting. Damaged aquatic vegetation appears to be returning. The no-wake zone formalizes protection for the unique and precious resources of Peltier Lake: the heron rookery, great egrets, eagles, rare plants, and high quality wetlands and shallows and waterfowl of all kinds. This year over 400 white pelicans stopped at northern Peltier Lake before continuing their migration north - without the protection now in place, the pelicans would have been forced out. The permanent protection now granted preserves these incredible resources now and for generations to come. Gratefully yours, /j-t/~~~ Wayne LeBlanc mail!q)peltierlake.org www.peltierlake.org 651-426-0168 1677 Peltier Lake Drive, Centerville, MN 55038 ervi[[e 1880 :Main Street . Centerviffe,:M'J{ 55038 (651) 429-3232 . 'fai( (651) 429-8629 August 19, 2004 Mr. Lloyd Drilling 7185 Mound Trail CenterviUe, MN 55038 Dear Mr. Drilling: As you are aware, Council has been discussing the installed trail in front of Apple Tree Square since April 25, 2001 and they have viewed it as sub-standard and in need of repair. At Council's August 11, 2004 meeting, Council and the City Attorney directed staff to forward this letter to you asking that you put money in an escrow account for its eventual replacement. City Engineer, Mr. Peterson estimates the instaUation of a 10 foot trail in the existing location would require filling the county ditch, installing a long culvert, etc. It is felt that Anoka County may be responsible for filling the ditch and providing drainage facilities to handle the runoff in the area between the trail and the highway when CSAH 14 is reconstructed. The cost to install a 10 foot bituminous trail would be approximately $5,000 this would include: 2" bituminous wear course; 6" class 5 aggregate base and 3 concrete swales to direct drainage across the trail from the existing parking lot. This estimated cost may be mitigated to some degree depending on the extent of the work associated with CSAH 14 reconstruction as approved by Anoka County. The City Council desired to offer to you the option to escrow the amount due to the fact that the County anticipates widening CSAH 14. If you desire to discuss this issue with Council, please contact myself or Ms. Moore- Sykes and we will place you on an upcoming agenda. Sincerely, C--~.~~ Teresa Bender City Clerk, MCMC Cc: Honorable Mayor and Council Members Ms. Moore-Sykes, City Administrator Mr. Palzer, Building Official/PW. Director Mr. Peterson, City Engineer Mr. Hoeft, City Attorney Parks and Recreation Committee , l Ii II Ii IInlAo (1i;J'go') n., pL -goes' [< L lingua, tongue] !(;olloq.j 8 dialect, jargon. etc. that one is not rami!- i81with Iin.gua franfca (lil}'gwa fral)'ka) a hybrid langua.ge used for communication by $peakers of different lan- guages Iin.guII Oil}'gwal) adj. [see LANGUACE] of, or pro- nounced with, the tongue 'in~ Oil] gw~'ne) n. ~ < It lingua, tongue] pasta in thin, flat, narrow i!ltrips Also sp. IIn-gui'ni (-n~) IIn-guist (liI}'gwist) n. l < L lingua, tongue] 1 a spe- cianst in linguistics 2 loosely, POLYC1-C\T (11. 1) lin,gula'tlcs (-gwis'tiks) n.pi. {with sing. v.l 1 the science of language 2 the study of a particular lan- guage -llp-gUls'tlc adj. Iin~.m.nt (lin/a mant) n. 1< L linere, to smear] a soothing medicated liquid to be rubbed on the skin lin-Ing (lin'il)) n. the material covering an inner aUr- (ace link Oil)k) n. [< Scand J 1 any of the loops making up a chain 2 a) a section of something like a. chain [a link of sausage] b) an element in a BerieB [a weak link in evidence] 3 anything that connects [a link with the past] -vi., w. to join; connect Onk-age (iil]k'ij) n. 1 a linking 2 a series or system of links linking yerb a verb that functions chiefly as a connec- tion between a subject and a predicate (Ex.: be, seem, become) links (lil)ks) n.pl. [OE hUm, a slope] GOLF COURSE Onk'up' n, a linkin,$ together lin.net (lin'it) n. ~ < L linum, flax:: it feeds on flax- seed] either of two small finches of the Old World or the New World li-no.lehJm (Ii no'le aO)) n. ! < L linum, fla% t- oleum, oil) 1 a smooth, washable floor covering, formerly much used, esp. in kitchens 2 any floor covering like linoleum lln.seed (Iin'sM') n. [DE linsiil!d] the seed of flax; fi"-d linseed oil a yellowi13h oil extracted from flaxseed, used in oil I?aints, etc. lint (lint) n. l < L linum, flax] bits of thread, fluff, etc. from cloth or yam -lInt'IY, .~'er, ,i'est, adj. Iln.lel Oint''l) n. ~uJt. < L-Umen, threshoJdll the hori. ZOnW crosspiece over a door, window, etc. IIrw (hn'e) adj. ..p.er, ..,.est 1 like a line; thin 2 marked with hnes "'n (l1'an) n, [< Gr leon J 1 a large, powerful cat, found in Africa and SW Asia 2 a person of grea.t J.lcourage or strength 3 a celebrity -1I'Ion'e,s n.rem. 1on:be8ft1ed 'dJ. very brave I~n-lz. (li'an lz') vi. -ized', .iz'ing to treat h a celeh- nt, ilp(lip) n. (OEIippo] 1 eitharofthe two fleshy folds forming the edges of the mouth 2 anything like a lip, as the rim of a pitcher 3 ISlang] insolent talk -8f/j. spoken, but insincere {lip service] -keep a stiff I.tlpper lip [Colloq.] to bear pain or distreSi80 bravely l~d (lip'id) n. l < Gr lipos, fat] any of a group of o.rg~ic compounds consisting of the fats and other Slmilar substances Also Iip.ide (lip'fd', -idJ lip'o'~uc.tion (lip'o suk'shan) n. [ < LIPID + SUCTION] sUrglca.1 removal of fatty tissue under the skin by means of suction IlPkly (Iip'e) .dj. -pi\8r. -pi.est [Slang] impudent; inso- lent -llp'pl.ness n. lip reading the act or skill of recognizing a speaker's \Yords by watching the lip movements: it is taught "esp. .to the deaf -lip'-read' vi., vi. _lip reader p,:8tl.ck' n. a small stick of cosmetic paste for coloring wlE'hp$ 1lp'-synC' or 11p'-synch' (-sil:Jk') vt., vi. [< lip S)'Tl- C(hronization)] to move the lips silently so as to ij seem. to be speaking or singing (something recorded) qu~'fy (Iik'wi ft') vt., vi. -tied', .fy'ing [< L liquere, ge hquid + facere, make] to change into a liquid _ U. q~e.tac'tion (-fak'shan) n. ~ueur (Ie lon', Ii kur') n. [Fr] a sweet, syrupy, II~avored alcoholic li9uor .Id (lik'wid) adj. l < L liquiduS] 1 readily nowin~; Illd 2 clear; limpid 3 flowing smoothly and mUS1- 261 lingo lithograph cally, as verse 4 readily convertible into cash n. it $ubstance that, unlike a solid.. flows readily but, unlike a gas, does not expand indefinitely -llquid'iJtY n. Ilqjui.date (lik'wi dat') vt. -dat1ed, -daring [see prec.] 1 to settle the accounts of (a business) by apportioning assets and debts 2 to pay (a debt) 3 to convert into cash 4 to get rid of, as by killing _ Jiq'!ui'da'tion no -liq'lUi-da'tor n. licnuid.ize' (-wid iz') vt. .ized', -lz1"9 to cause to become Ii . . ,'-''"'', :'.,' ,}.,,~ " I.ra (lir'a) n., p. - or I ras" < L libra, a pound] the monetary unit ofltaly lisfe (iiI) n. ~after Lisle (now LiUe), city in France] 1 a fine, hard, extra-strong cotton thread 2 a fabric, or stockings, gloves,-etc., woven of lisle lisp (lisp) III l < DE wlisp, s. lisping 1 1 to substitute the sounds (th) and (tit) for the sounds of sand z, respectively 2 to speak imperfectly -vt. to utter with a lisp -IL the act or sound of liSfing lis.some or lis.som (lis'am) adj. < lithesome] lithe, supple, limber, agile, etc. list1 (list) n. [< DE liste, border] a series of names, words, numbel'$, etc. set forth in order -vt. to set forth or enter in a list, directory, etc. list2 (list) vt., vi. [prob. ult. < 0& lust, desire] to tilt to one side, as a ship -no such a tilting lis.ten (lis'en) vi. [< OE hlysnan] 1 to make a con- scious effort to hear 2 to give heed; take adviCt! -lis'- tenjern. Ilst.in!4' (lis'tiI)) ft. 1 the making of a list 2 an entry in ahst list.less (list'lis) 8dj. 1< OE lust, desire + -LF.ss] 1 indifferent because of illness, dejection, etc.; languid -list'lesslly sdv. -lisMess.ness n. list price retail I;!:rice as given in a list or catalog lists (lists) n.p/. [ < ME liste, border n a fenced area in which knights jousted lit (lit) vt., iii. alt. pt. & pp. of LlGHTI In. 1 literally 21iterature Ii~a.ny (lit"n e) n., pL '-nies [<: Gr lit~, a request] a series of fixed invocations and responses, used as a prayer ii.tchi (Ie'che') n. [< Chin] the raisinlike fruit of a Chinese evergreen tree, enclosed in a papery shell Ii.ter (let'ar) n. [< Gr litra, a pound] the basic metric unit of capacity equal to 1 cubic decimeter or 61.025 cubic inches Brit. sp. ii'tre III.erja.cy (lit'ar a~) n. the ability to read and write In..rjal (lit'ar al) adj. [< L littera, a letter] t follow- ing the exact words of the original [a literal transla- tion] 2 in a basic or strict sense [the literal mean- intV 3 prosaic; matter-of-fact [a literal mind] 4 rew [the literal truth} -1It'er'a~y adv. lit.er.arjy (lit'ar ere) 8dj. 1 of or dealing with litera- tUre 2 familiar with or versed in literature lit-er.ste (lit'ar it) sd/. [< L littera, a letter] 1 able to read and write 2 well-educated -no a literate per- om Iit'ejra.ti (lit'a ra'tt', -rii'te) n.pl lIt < L liUera.ti; see prec.] scholarly people II1.erja.ture (lit's: a cl1oor) n. [< L littera, a letter] 1 a) all writings in prose or verse of an imag:inative character b) all such writings having permanent value, excellence of form, etc. c) all the writings of a particular time, country;etc. d) all the writings on a particular subject 2 [Colloq.] any printed matter lithe (lith) 8dj. lith'jer, lith'est [OE lithe, soft] flex- ible; supple: also lithe'lOrne (~sam) -llthe'ness n. Iith'ij-um (litlJ.'e am) n. [< Gr litoos, stone j a soft, silver-white, chemical element lithium c;arbonate a white, powdery salt, used in making glass. dyes, etc. and in treating manic- depressive disorders IithlO'graph (lith'a graf') n. a print made by lithogra- phy -vi.. vi. to make (prints or copies) by this proc- ess -li.thog.ra.pher (li thiig'ra far) n. j ervi({e UV()4.TII: CITY OF CENTERVILLE 08/25/04 3: 13 PM Page 1 *Check Summary Register@ Name 10100 MAIN STREET BANK Paid Chk# 019487 AVlIC Paid Chk# 019488 CENTENNIAL LAKES POLICE Paid Chk# 019489 FORTIS BENEFITS Paid Chk# 019490 GOLDENGATE INTERNET Paid Chk# 019491 J-CRAFT, INC. Paid Chk# 019492 LEATHERMAN, BARBARA & Paid Chk# 019493 MCLEOD USA Paid Chk# 019494 MINN. DEPT. OF HEALTH Paid Chk# 019495 MINNEGASCO' Paid Chk# 019496 NATIONWIDE RETIREMENT Paid Chk# 019497 PRESS PUBLICATIONS Paid Chk# 019498 PUBLIC EMPLOYEES Paid Chk# 019499 aWEST Paid Chk# 019500 RO-SO CONTRACTING INC Check Date AUGUST 25, 2004 Check AmI 8/25/2004 8/25/2004 8/25/2004 8/25/2004 8/25/2004 8/25/2004 8/25/2004 8/25/2004 8/25/2004 8/25/2004 8/25/2004 8/25/2004 8/25/2004 8/25/2004 Total Checks $556.00 DEF COMP W/H 8-26-04 $29,583.69 SEPTEMBER POLICE SERVICE $116.10 SEPT. 2004 SHORT TERM DISABllI $49.90 INTERNET SERV FOR PW. - 98228 $15,847.20 DUMP BOX & UTILITY BOX FOR NEW $1,500.00 REFUND SOD ESCROW 1747 PARTRID $714.57 PHONE SERVTHRU 8-15-04 $1,107.00 SAFE DRINKING WATER TEST -7-1 $135.98 1694 SOREL ST - SERVTHRU 8-12 $198.52 DEF COMP W/H 8-26-04 $33.25 2004 CITY GENERAL ELECTIONS $1,711.66 PAYROLLW/H8-26-04 $329.52 651-429-4834 SERV THRU9-15-04 $5,627.00 REPAIR GATE VALVE ON MAIN ST & $57,510.39 - - ~ The City of Centerville 1880 Main St Centerville, Mn 55038 RECEIVED huG 2 0 ZOO~ On May 24,2004, the city ofLino Lakes made the protection of northern Peltier Lake permanent! Many people and organizations deserve thanks! Thanks go to the cities of Centerville and Lino Lakes who both had to enact a protection ordinance. Centerville and Lino Lakes passed an ordinance in March 2002, but Lino Lakes needed to rernove a sunset clause that would have terminated the no-wake zone protection ordinance and they did. (This no-wake zone ordinance only applies to the northern half of Peltier Lake, which is a part of the lake that is very shallow and filled with aquatic plants. It also helps protect a great blue heron rookery on a large island in the northern part of Peltier Lake.) Special thanks go to Jeff Perry, Natural Resources Specialist for Anoka Parks, Joan Galli, Minnesota DNR Nongame Wildlife Specialist, Marty Asleson, City of Lino Lakes Environmental Coordinator, and Art Hawkins, a biologist working with the DNR. These people provided the detailed expertise and leadership to get the job done. Jeff Perry led a task force on the issue. The outstanding work of these knowledgeable people from 2001 through 2004 was crucial to enact the protection. A total of 556 citizen petition signatures favoring the protection were submitted and was significant to enacting the protection. Thanks to each and every person who signed! It clearly demonstrated the community was in favor of this protection. Special thanks to those who helped gather signatures. Thanks go to the many organizations that supported protection. These include: Minnesota DNR, Anoka County Parks, Rice Creek Watershed District, Anoka County Commissioner Margaret Langfeld, Anoka County Commissioner Rhonda Sivarajah, Minnesota Ornithologist's Union, Director of Bell Museum of Natural History, St Paul Audubon Society, Minnesota Lakes Association, Walter J. Breckenridge Chapter of the Izaak Walton League, and the North American Lake Management Society. The no-wake zone has demonstrated improved water quality and some successful great blue heron nesting. Damaged aquatic vegetation appears to be returning. The no-wake zone formalizes protection for the unique and precious resources of Peltier Lake: the heron rookery, great egrets, eagles, rare plants, and high quality wetlands and shallows and waterfowl of all kinds. This year over 400 white pelicans stopped at northern Peltier Lake before continuing their migration north - without the protection now in place, the pelicans would have been forced out. The permanent protection now granted preserves these incredible resources now and for generations to come. Gratefully yours, y~ 4B~ Wayne LeBlanc mail@peltierlake.org www.veltierlake.org 651-426-0168 1677 Peltier Lake Drive, Centerville, MN 55038 MINNESOTA. REVENUE 2005 LOCAL GOVERNMENT AID NOTICE July 30, 2004 CENTERVILLE CITY OF CLERK-TREASURER CITY HALL 1880 MAIN STREET CENTERVILLE, MN 55038 RECEIVED AUG 0 2 200~ THE 2005 CERTIFIED LGA FOR YOUR CITY IS: $ o The following is a listing of the factors used in the calculation of your city's 2005 city LGA. Aid amounts were determined based on legislative intent of the law. This is consistent with how aids were certified and paid in 2004. Also, the road accidents factor does not change from 2004 due to incomplete data from Public Safety for calendar year 2003. For an explanation of the factors used in the formula and example calculations, please go to the Department of Revenue website at Vvvvw.taxes.state.mn.us (click on Property Tax Administrators then State Aids and Credits). If you have any other questions regarding this certification, you may contact Larry Bewley at larrv.bewlev@state.mn.us or at (651) 556-6096. 1. PRE-1940 HOUSING UNITS: 2. TOTAL HOUSING UNITS: 3. PRE-1940 HOUSING PERCENTAGE: 44 1,095 04.02 4. 1993 POPULATION: 5. 2003 POPULATION: 6. POPULATION DECLINE PERCENTAGE: 2,095 3,557 00.00 7. 2003 TOTAL CLASS 3 REAL PROPERTY MARKET VALUE: 8. 2003 TOTAL REAL AND PERSONAL MARKET VALUE: 9. COMMERCIAUINDUSTRIAL PERCENTAGE: $ $ NA NA NA 10. TRANSFORMED POPULATION: 11. VEHICLE ACCIDENTS: 12. ROAD ACCIDENTS FACTOR: 13. METROPOLITAN AREA FACTOR: NA 19 .006 35.20915 14. HOUSEHOLD SIZE: 2.920 15. SPENDING NEED CONSTANT: 355.0547 16. CiTY REVENUE NEED: $ 210.62 17. PAYABLE 2004 CITY NET LEVY: $ 1,539,363 18. PAYABLE 2004 CITY NET TAX CAPACITY: $ 3,304,423 19. TAX EFFORT RATE: .336245 20. NEED INCREASE PERCENTAGE: .844291 21. TACONITE PHASE IN: $ 0 22. CITY FORMULA AID (20x(16x5-(18x19))+21): $ 0 23. CITY BASE AID: $ 0 24. TOTAL PRELIMINARY AID (22+23): $ 0 25. TOTAL CERTIFIED 2004 CITY AID: $ 0 26. MINIMUM/MAXIMUM ADJUSTMENT: $ ~ 27. TOTAL CERTIFIED 2005 CITY LGA (24+26):________.__._.___~___~ Property Tax Division Mail Station 3345 St. Paul, MN 55146-3345 T,[. 65 I -556-6096 F<u. 651-556-3]28 1TY. Call 711 for Minnesota Relay An equal opportunity employer --~~ I Memorandum To: Operating Board/Governing Board From: Deputy Chief Makela Date: June 15,2004 Re: MIMS Training (Overview for supervisor/political city officials) Cc: Chief Heckman At your request, I have contacted the Department of Homeland Security via the State of Minnesota and requested a Minnesota Incident Management System (MIMS) overview training session for all city council memhers and supervisors representing our cities. The trainer of this program will be Kim Ketterhagen and he has suggested a four hour session for supervisors and council members. The scheduled training session is set for September 29. 2004 at the city of Lexington council chambers from 8:30 AM till 12:30 PM. Ifwe have sufficient numbers, I will organize and request two sessions. Please contact all supervisors within your cities and encourage them to attend this session. The Fire Chiefs and supervisory staff should also be notified and encouraged to attend. Please telephone me by AUl!.USt 31. 2004 with the number of persons from your city who will be attending this training session. L__ __ r ~- , teroi{{e 'E.<ta6/isfiaf 1857 [ IJV()4T~ CITY OF CENTERVILLE 08/25/04 3: 13 PM Page 1 *Check Summary Register@ AUGUST 25, 2004 Name Check Date Check Amt 10100 MAIN STREET BANK Paid Chk# 019487 AVLlC Paid Chk# 019488 CENTENNIAL LAKES POLICE Paid Chk# 019489 FORTIS BENEFITS Paid Chk# 019490 GOLDENGATE INTERNET Paid Chk# 019491 J-CRAFT, INC. PaidChk# 019492 LEATHERMAN, BARBARA & Paid Chk# 019493 MCLEOD USA Paid Chk# 019494 MINN. DEPT. OF HEALTH Paid Chk# 019495 MINNEGASCO' Paid Chk# 019496 NATIONWIDE RETIREMENT Paid Chk# 019497 PRESS PUBLICATIONS Paid Chk# 019498 PUBLIC EMPLOYEES Paid Chk# 019499 QWEST Paid Chk# 019500 RO-SO CONTRACTING INC 812512004 812512004 812512004 812512004 812512004 812512004 812512004 812512004 812512004 812512004 812512004 812512004 812512004 812512004 Total Checks $556.00 DEF COMP W/H 8-26-04 $29,583.69 SEPTEMBER POLICE SERVICE $116.10 SEPT, 2004 SHORT TERM DISABILI $49.90 INTERNET SERV FOR P.w. - 98228 $15,847.20 DUMP BOX & UTILITY BOX FOR NEW $1,500.00 REFUND SOD ESCROW 1747 PARTRID $714.57 PHONE SERVTHRU 8-15-04 $1,107.00 SAFE DRINKING WATER TEST - 7-1 $135.98 1694 SOREL ST - SERV THRU 8-12 $198.52 DEF COMPW/H 8-26-04 $33.25 2004 CITY GENERAL ELECTIONS $1,711.66 PAYROLLW/H8-26-04 $329.52 651-429-4834 SERV THRU9-15-04 $5,627.00 REPAIR GATE VALVE ON MAIN ST & $57,510.39