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Home My WebLink About2004-08-11 WS & CC Meeting r , I I ',' ervil{e CITY WORK SESSION & COUNCIL MEETING Wednesday, August 11,2004 6:30 p.m. COUNCIL MEETING tA CALL TO ORDER 1. Roll Call v6. ill. IV. 1. /..tV 2. ~t;~;r~~r' '3: C'1i - 5. J APPROVAL OF AGENDA APPROVAL OF COUNCIL MINUTES ~/rJ~ 1. July 28, 2004 City Council Meeting Minutes CONSENT AGENDA V~ I ~ ~(..L4 ilJA,r-1t' 3 City of Centerville July 28, 2004 tbrougb August 111 2004 Oaims 'Ceutennial Fire District Claims tbrougb, 2004 '-oj%{/) 'f Pay Estimate #3, Dresel Contracting (2004 Street Project) - $343,403.46 Pay Estimate #4, Nortbdale Construction Company (Hunters Crossing, 2nd Add., Phase I) - $112,494.07 Pay Estimate #4/Revised, Dave Perkins Contracting, Inc. (peltier Preserve) - $39,894.78 Acceptance of Resignation ofMs. Bridget Backman, Economic Development Committee 6. V. A WARDS/PRESENTATIONS/APPEARANCES VI. PUBLIC HEARINGS vn. NEW BUSINESS ! Uwk~/V VfM r vi Res. #04-038 - Domestic Violence Awareness Month , : 1IvP, Pt~. Res. #04-039 - Accepting Bid for the 2004 Street Seal Coat Project W f tY. Policy/Procedures for City Sign, Web Site & Cable Channel Useage ,/ (Community Events) . l~~ M L", /Jo p~;:. 'iJ(z..<;;" '2Y- Police Budget V~/~' it.! , t/u.-IuA"'! u.t. Gassen Companies Request to Move Mailboxes Located at 1854 Pioneer7'Cx- kJ ~ 0/ v:;; , 0 .1,;/ Lane to Aniftth r Locatio, n (Service 1861 Pioneer & 7005 Eagle Trail) \.d ,iIJY""~ ~ ~ Dtp. aLVl'- VV-1 vm. aLDBt{StNt'~'<.'- ~ ., $.....t ~~/PJA-- ~ Ms. Betsy ScheUer, 7389 Old Mill Road (Tabled from 7/11/04 Meeting) l;Y.::. Personnel Policy (Tabled from Previous Meeting) - Please bring your copy 1c0}f 1;;, (jb- ~ i/~ Hiring Procedure (Tabled from Previous Meeting) - Please bring your copy q r . { 1f" Storm Drainage on Center Street (previous Meeting Action) , ~ ...,.vt.Mr. Paul Palzer Reimbursement Claim (Tabled from Previous Meeting)+", ...d<~ IL ~ . tI-f"'(-- Please bring your copy . . to &"'1' {Vullo>> ~\{zJ f.i;i~ U<.W/wz.;:.<. ~d- k/r'Pi.y..-u + ~bfAM/ f/VK-W~Gzf II /~, <{'Q . J.,. . . Jur1~/~ f?vy1~ \ I ~ do Project Ooseout Form (Tabl~d from Previous Meeting) - Please bring your ~ > ./ copy - l~ ~~ v\.v /.JaJ. V Ideas To Improve. CounciJIStaff CommunicationlRelations - Please bring . / yonr copy ~ +v bv&':J lMk' J. jWb('o~<'" !,~Wedding Reception Trio Inn - Liquor Li~ense Reconsideratiol!.iAJ!l!roved c.!JF !emporarylEvent3.2% Malt Liquor) ~ - 3.t. "-/7' ProposedlRequested Modification to TemporarylEvent "On Sale" Liqnor . IX. ANNOUNCEMENTSIUPDATES ~ J~(JY :( ~ " Apple Tree Square TraiJway (Capra~ Gi :, ~ V><j 1* /1"115 '" S<fh Eagle Pass _ (Tom P.) - ~ttt.v.jo b.< {Yl . Amt Construction (pheasant Marsh 2nd Addition) - $2,408 - "'f~ Construction of Water Tower (Tom P.) Met. Council Sewer Update (MCES - Capra) Purchase of 1601 LaMotte Drive Property (Tabled from Previous Meeting) f ~ L - ~d-'--U.J m.~ . -f I.~ - pt>t>fs ADJOURNMENT x. . ,. tervi((e 'E.,ta6t,sfic,fUI.'i7 UPDATE CITY OF CENTERVILLE 08/11/0411:27 AM Page 1 *Check Summary Register@ Name 10100 MAIN STREET BANK Paid Chk# 019455 ANOKA COUNTY Paid Chk# 019456 AVLlC Paid Chk# 019457 BARNA, GUZY & STEFFEN LTD Paid Chk# 019458 CITY OF ST. PAUL Paid Chk# 019459 CULLIGAN Paid Chk# 019460 HAWKINS WATER TREATMENT Paid Chk# 019461 KENNEDY & GRAVEN Paid Chk# 019462 MET. COUNCIL ENV. SERVo Paid Chk# 019463 MUL TICARE ASSOCIATES BMC Paid Chk# 019464 NATIONWIDE RETIREMENT Paid Chk# 019465 NORTHLAND SECURITIES Paid Chk# 019466 PUBLIC EMPLOYEES Paid Chk# 019467 QWEST Paid Chk# 019468 RADJOSHACK CREDIT Paid Chk# 019469 SAM'S CLUB Paid Chk# 019470 W. W. GRAINGER, INC. Paid Chk# 019471 XCEL ENERGY Check Date AUGUST 2004 Check Ami 8/11/2004 8/11/2004 8/11/2004 8/11/2004 8/1112004 8/1112004 8/11/2004 8/1112004 8/11/2004 8/11/2004 8/11/2004 8/1112004 8/1112004 8/11/2004 8/11/2004 8/1112004 8/11/2004 Total Checks $29.50 CLAY ALCOCK - ABSTRCT FILING F $556.00 DEFCOMPW/H 8-12-04 $7,914.85 CIVIL MATTERS -SERV THRU 7-31- $134.91 ASPHALT MIX $55.22 WATER RENTAL $1,023.65 CHEMICALS $3,648.05 2.2 MIL. GENERAL OBL. IMPR 60 $10,117.00 SERV THRU SEPT 2004 $136.00 A. ANDERSON PRE-EMPLOYMENT EX $198.52 DEF COMPW/H 8-12-04 $803.41 SERVICES FOR G.O. IMP 2004B BO $1,571.08 PAYROLL W/H 8-12-04 $112.75 651-407-7090 SERV THRU8-31-D4 $15.96 SUPPLIES $173.19 CANDY FOR 2004 PARADE FETE DES $47.82 HARD CAP, WHITE $1,590.25 1694 SOREL ST - SERV THRU 8+ $28,328.16 '" STAFF REpORT DATE: August 11,2004 TO: Honorable Mayor and Councilmembers Kim Moore-Sykes, City Administrator p/flb7 2005 Budget Worksessions FROM: RE: ......................................................................... The 2005 Budget worksessions will be scheduled on the following Wednesdays: August 18, 2004 September 1, 2004 ok /;:2iJ Meeting on Wednesdays seems to be best for everyone's schedules, including Ellen's. She has agreed to meet with Council on Wednesday evenings at her rate that she was paid when she was employed with the City. ~ r- eroi[[e CITY OF CENTERVILLE 08106104 12:58 PM Page 1 *Check Summary Register@ Name 10100 MAIN STREET BANK Paid Chk# 019429 LOUIES A - Z Paid Chk# 019430 ACCLAIM BENEFITS Paid Chk# 019431 AT & TWIRELESS SERVICES Paid Chk# 019432 CAPRA, MARY Paid Chk# 019433 CONNEXUS ENERGY Paid Chk# 019434 CONSTRUCTION BULLETIN Paid Chk# 019435 COVERALL OF THE TWIN Paid Chk# 019436 DAVE PERKINS CONTRACTING, Paid Chk# 019437 DIAMOND CONSTRUCTION CO. Paid Chk# 019438 DRESEL CONTRACTING Paid Chk# 019439 EXCEL TELECOMMUNICATIONS Paid Chk# 019440 GAMETIME Paid Chk# 019441 GASSEN COMPANIES Paid Chk# 019442 INTEGRA HOMES Paid Chk# 019443 INTERNATIONAL UNION OF Paid Chk# 019444 KRIS SWEENEY/PETTY CASH Paid Chk# 019445 MENARDS - FOREST LAKE Paid Chk# 019446 METROPOLITAN COUNCIL Paid Chk# 019447 NORTHDALE CONSTRUCTION Paid Chk# 019448 OFFICE MAX Paid Chk# 019449 ON SITE SANITATION Paid Chk# 019450 PAULSETH, ELLEN Paid Chk# 019451 PRESS PUBLICATIONS Paid Chk# 019452 STAR TRIBUNE Paid Chk# 019453 TIME SAVER Paid Chk# 019454 VALLEY CREEK LAWN & Check Dale AUGUST 11, 2004 Check Ami 8/3/2004 8/11/2004 8/1112004 8/11/2004 811112004 8/11/2004 8111/2004 8/11/2004 8/1112004 8/11/2004 8/11/2004 8/11/2004 8/11/2004 811112004 8/11/2004 8/1112004 8/11/2004 8111/2004 8/11/2004 8/11/2004 8/11/2004 8/11/2004 8/11/2004 8/11/2004 811112004 8/11/2004 Total Checks $2,045.00 FASCIA & SOFFITS - LAMOTTE PAR $100.00 FLEXIBLE SPENDING ACCT ADMIN IS $178.79 CELL PHONE - SERV THRU 7/20/04 $48.99 CANDY FOR 2004 PARADE - FETE D $462.83 STREET LIGHTS - 395653-219699 $217.74 AD FOR SEAL COATING STREETS $213.00 AUGUST CLEANING SERVICE $39,894.78 PELTIER PRESERVE UT & STR. IMP $18.02 OVER PAYMENT ON BlOG PERMIT #0 $343,403.46 2004 UT & STR. IMPR. REQUEST # $4.36 SERV THRU 7/24/04 $57.22 COIL SPRING - ACORN CREEK PARK $165.19 REFUND OVER PAYMENT ON UTILITY $1,500.00 6878 MALLARD WAY - REFUND SOD $60.00 J. MCPHERSON & 1. PETERSON UNI $32.22 POSTAGE $90.30 SUPPlES $1,336.50 JULY 2004 SAC CHARGES $112,494.07 HUNTER'S CROSSING 2ND ADDN PHA $273.53 OFFICE SUPPLIES $902.60 6955 DUPRE RD - EAGLE PARK $104.16 CONSULTING - MONTH-END & FINAN $39.90 AD FOR BID - SEAL COAT $1,232.60 AD FOR FINANCIAL DIRECTOR $190.00 CITY COUNCIL MEETING-7-28-04 $3,048.03 WEEKLY LAWN CARE $508,113.29 Centennial Fire District Check Register 81212004 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME ACCOUNT AMOUNT 7J3012OO4 14376 Centennial Utilities 42251 . Station 1 . Gas 97.55 7J3012OO4 14377 Cen1erPoint Energy 42253 - Station 2 - Gas 67.96 7l3Ol2OO4 14378 Emergency Apparatus Maintenance 42000 - Vehicle Maintenance 1,536.78 7J3012OO4 14379 Grafix Shoppe 42000 - Vehicle Maintenance 300.00 7J3012OO4 14380 Grainger 42130 . Equipment Expense 100.64 713OJ2OO4 14381 loffIer Business Systems 42180 - Office Supplies Expense 51.71 7J3012OO4 14382 Metrocafl 42240 - Telephone Expense 175.17 7130/2004 14383 Stellar Energy Services, Inc. 42110 - Other Maintenance 700.00 7130/2004 14384 The youth's Company 42190 - Fire Prevention Supplies 419.52 7130/2004 14385 Verizon Wireless 45500 - FF Cell Phone Expense 18.11 7J3012OO4 14386 BradRacIJll 11100 . Fixed Asset - Equipment 1,040.00 7J3012OO4 14387 Cameron Haapoja 45010 - Safety Cemp Expense 101.50 713OJ2OO4 14386 Crown Trophy 45010 - Safety Camp Expense 294.21 7l3Ol2OO4 14389 Jeanne Veeneman 45010 - Safety Cemp Expense 10.00 4,913.15 1011 jnj BonestroQ If:! Rosene 1\1 Anderlil(& . ~. Associates Engineers & Architects Owner: Citv of Centerville, 1880 Main St, Centerville, MN 55038 Date: Julv 26, 2004 For Period: 7/8/2004 to 7/26/2004 Reauest No: 3 Contractor: Dresel Contractinn, 24044 Julv Ave., Chisaoo Citv, MN 55013 CONTRACTOR'S REQUEST FOR PAYMENT 2004 UTILITY AND STREET iMPROVEMENTS BRA FILE NO. 616-03-133 SUMMARY 1 Original Contract Amount $ 1,629,911,25 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 1,629,911,25 5 Value Completed to Date $ 716,032,78 6 Material on Hand $ 0.00 7 Amount Earned $ 716,032.78 8 Less Retainage 5% $ 35,801.64 9 Subtotal $ 680,231.14 10 Less Amount Paid Previously $ 336,827,68 11 Liquidated damages - $ 0,00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 3 $ 343,403.46 Recommended for Approval by: BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC. d~~~ Approved by Contractor: DRESEL CONTRACTING U"h:;..L ( ~T""" _ .--7 Approved by Owner: ~Jt::-~~ ~ . / . - Jr~~~ Specified Contract Completion Date: May 5, 2005 Date: ~ ~ Ut'J c.j 61603133REQ3.xls Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date PART 1 - STREET IMPROVEMENTS: 1 MOBILIZATION LS 1 60000.00 0.1 0.85 $51,000.00 2 TRAFFIC CONTROL LS 1 7500.00 0.25 0.75 $5.625.00 3 REMOVE BITUMINOUS PAVEMENT SY 26300 1.00 5108 13108 $13,108.00 4 SAWING BITUMINOUS PAVEMENT LF 2500 2.00 246 791 $1,582.00 5 REMOVE CONCRETE CURB AND GUTTER LF 800 2.00 203 $406.00 6 REMOVE CONCRETE PAVEMENT SY 50 4.00 20 20 $80.00 7 COMMON EXCAVATION CY 23200 4.75 5000 15000 $71,250.00 8 GEOTEXTILE FABRIC SY 29500 1.40 2200 9044 $12,661.60 9 SELECT GRANULAR BORROW (CV) CY 17150 10.00 3718.8 5608.1 $56,081.00 10 TOPSOIL BORROW (LV) CY 500 6.00 $0.00 11 CLASS 5 AGGREGATE BASE - STREET TN 11500 8.75 3276.63 4776.63 $41,795.51 12 CLASS 5 AGGREGATE BASE - SIDEWALK TN 120 15.00 $0.00 13 TYPE LV 3 WEARING COURSE MIXTURE - STREET TN 2740 32.00 175.58 $5,618.56 14 TYPE LV 3 NON-WEARING COURSE MIXTURE - STREET TN 2540 31.50 551.61 803.93 $25,323.80 15 BITUMINOUS MATERIAL FOR TACK COAT GL 1600 1.25 $0.00 16 TYPE LV 4 WEARING COURSE - DRIVEWAYS TN 300 65.00 49.89 59.6 $3,874.00 17 TYPE LV 4 WEARING COURSE - TRAIL TN 150 50.00 $0.00 18 MILL BITUMINOUS PAVEMENT SY 2300 2.50 $0.00 19 COURSE AGGREGATE FOR DRAINTILE - PETERSON & 73RD CY 400 16.00 $0.00 20 CRACK SEAL LF 1000 2.50 $0.00 21 PATCH ROAD SY 600 17.00 $0.00 22 SURMOUNT ABLE CONCRETE CURB AND GUTTER LF 13750 7.10 3250 3401 $24,147.10 23 SURMOUNTABLE CONCRETE C & G - MANUAL PLACEMENT LF 800 14.00 52 $728.00 24 4" CONCRETE WALK SF 2650 2.50 $0.00 25 6" CONCRETE WALK SF 500 3.00 $0.00 26 4" PERFORATED PVC DRAIN TILE LF 17250 2.00 1500 5450 $10,900.00 27 ADJUST FRAME AND RING CASTING EA 25 250.00 3 $750.00 28 ADJUST VALVE BOX EA 1 250.00 2 $500.00 29 PEDESTRIAN CURB RAMP EA 2 275.00 $0.00 30 SKIDSTER (BOBCAT WITH OPERATOR) HR 20 85.00 $0.00 31 STREET SWEEPER (PICKUP BROOM WIOPERATOR) HR 20 125.00 $0.00 32 WATER FOR DUST CONTROL 1000 GAL 50 12.00 5 15 $180.00 33 STORM DRAIN INLET PROTECTION EA 25 100.00 $0.00 34 CLEAR & GRUB EA 5 400.00 3 3 $1,200.00 35 SODDING, LAWN TYPE, INCL 4" TOPSOIL SY 2500 2.10 $0.00 36 SEEDING AC 0.5 1300.00 $0.00 37 REGULAR SILT FENCE LF 500 2.00 100 200 $400.00 38 TEMPORARY ACCESS ROAD LS 1 2500.00 0.1 0.85 $2,125.00 39 8" PVC SANITARY SEWER, SDR 35 LF 130 25.00 176 176 $4.400.00 40 SANITARY SEWER REPAIR EA 2 4000.00 2 2 $8.000.00 41 8X4WYE EA 4 125.00 4 4 $500.00 42 RECONNECT SEWER SERVICE EA 4 75.00 11 11 $825.00 43 IMPROVED PIPE FOUNDATION LF 260 4.00 352 352 $1.408.00 Total PART 1 - STREET IMPROVEMENTS: $344,468.57 PART 1 - STREET IMPROVEMENTS: - Bid Amount Total- $940,855.00 PART 2 - WATER MAIN IMPROVEMENTS: 44 CONNECT TO EXISTING 12" PIPE EA 2 1000.00 1 $1,000.00 45 CONNECT TO EXISTING 8" PIPE EA 3 600.00 2 3 $1,800.00 46 CONNECT TO EXISTING 6" PIPE EA 1 600.00 1 $600.00 47 WET TAP 12" MAIN, INCL 8" GATE VALVE EA 1 3000.00 $0.00 48 12" PVC, C900 LF 910 26.00 220 $5,720.00 49 8" PVC, C900 LF 5525 20.00 3674 5488 $109,760.00 50 8" PVC JACKED WITH STEEL CASING LF 55 175.00 55 $9,625.00 51 6" PVC, C900 LF 830 18.00 383 468 $8,424.00 52 1" TYPE K COPPER WATER SERVICE LF 3300 14.00 1085.5 1498 $20,972.00 53 12" GATE VALVE AND BOX EA 4 1300.00 3 $3,900.00 54 8" GATE VALVE AND BOX EA 11 850.00 5 10 $8,500.00 55 6" GATE VALVE AND BOX EA 2 650.00 1 1 $650.00 56 1" CORPORATION STOP EA 96 120.00 30 48 $5,760.00 57 1" CURB STOP AND BOX EA 96 120.00 30 48 $5,760.00 58 HYDRANT WITH VALVE EA 14 2200.00 7 10 $22,000.00 59 HYDRANT EXTENSION LF 2 350.00 $0.00 61603133REQ3-'11s . . No. 116 Contract Item Unit Quantity 4" PERFORATED PVC DRAIN TILE LF 100 Total PART 4 . LAMOTTE PARK IMPROVEMENTS: PART 4. LAMOTTE PARK IMPROVEMENTS:. Bid Amount Total. $82,307.50 Total PART 1 - STREET IMPROVEMENTS: Total PART 2 - WATER MAIN IMPROVEMENTS: Total PART 3 - STORM SEWER IMPROVEMENTS: Total PART 4 - LAMOTTE PARK IMPROVEMENTS: Total Work Completed To Date 61603133REQ3.xls Unit Current Price Quantity 2.00 Quantity to Date 100 Amount to Date $200.00 $50,958.21 $344,468.57 $224,036.00 $96,570.00 $50,958.21 $716,032.78 . , PROJECT PAYMENT STATUS OWNER CITY OF CENTERVILLE BRA FILE NO. 616-03-133 CONTRACTOR DRESEL CONTRACTING CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 OS/24/2004 06/09/04 113,297,00 5,963.00 119,260.00 2 06/10/2004 07/07/04 223,530,68 17,727.77 354,555.45 3 07/08/2004 07/26/04 343.403.46 35,801.64 716,032,78 Material on Hand Total Pavment to Date $680,231.14 Onoinal Contract $1,629,911.25 Retainaoe Pav No. 3 35,801.64 Chanoe Orders Total Amount Eamed $716,032.78 Revised Contract $1,629,911.25 61603133REQ3.x!s . " J[JJ - 1\11 Bonestroo Rosene Anderlik & Associates Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer Principals: Otto Bonestroo, P.E. n Joseph C. Anderfik, P.E. n Marvin L Sorvala, P.E. n 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, 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. n Richard W. Foster, P.E. n David O. Loskota, P.E. n Robert C. Russak, A.I.A. n Mark A. Hanson, P.E. n Michael T. Rautmann, P.E. n 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. Kotsmith n Agnes M. Ring Offices: 51. Paul, Rochester, Willmar and 51. Cloud, MN n Milwaukee, WI Engineers & Architects July 26,2004 Mr. Paul Palzer City of Centerville 1880 Main Street Centerville, MN 55038 RE: Hunters Crossing 2nd Centerville, Minnesota File No. 616-03-132 Dear Mr. Palzer: L{- Enclosed, please find four (4) copies of Pay Request No.-1"for the above referenced project This request covers the sanitary sewer and water main that has been installed to date. We recommend a partial payment of $1 12,494.07 to Northdale Construction Company. Please sign all copies and return the one stamped "Engineer's Copy" to our office, Contact me at (651) 492-7740 if you have any questions or comments. Sincerely, BONESTROO, ROSENE,ANDERLlK & ASSOCIATES Ryan Goodman cc: Enclosure 2335 West Highway 36 II St. Paul, MN 55113 II 651-636-4600 II Fax: 651-636-1311 , " ~mJ!:-:CE~i\,P~ I,.;AQp' ~'l' itSi.et"~:i~!R _ fa ~~5'> . :.&"l) _ ~ " ~ Bonestroo l1:li Rosene 1\11 Anderlik & ,U, Associates Engirwers &. Architects Owner: City of Centerville, 1880 Main St, Centerville, MN 55038 Date: Juiv 26,2004 4 I I For Period: 7/3/2004 to 7/26/2004 Reouest No: Contractor: Northdale Construction Comoany inc., 14450 Northdale Blvd.; Roners, MN 55374 CONTRACTOR'S REQUEST FOR PAYMENT HUNTERS CROSSING 2ND ADDITION PHASE 1 UTILITY AND STREET IMPROVEMENTS BRA FILE NO. 616-03-132 SUMMARY 1 Original Contract Amount $ 598,749.66 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 598,749.66 5 Value Completed to Date $ 510,246.24 6 Material on Hand $ 0.00 7 Amount Earned $ 510,246.24 8 Less Retainage 5% $ 25,512.31 9 Subtotal $ 484,733.92 10 Less Amount Paid Previously $ 372,239.85 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 4 $ 112.494.07 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~ tl1y A-cJ. Specified Contract Completion Date: August 20, 2001 Date a~ 3 I' 2a:Ji 61603132REQ4.xls --.- "' Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date PART 1. SANITARY SEWER: 1 CONNECT TO EXISTING MANHOLE EA 1 1000.00 1 $1,000.00 2 8" PVC SANITARY SEWER, SDR 35 LF 2120 16.99 2112 $35,882.88 3 4' DIAMETER SANITARY MH, 8' DEEP EA 11 1368.65 11 $15,055.15 4 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 48 103.53 49.15 $5,088.50 5 IMPROVED PIPE FOUNDATION LF 2120 3.20 $0.00 6 CLOSED CIRCUIT TV INSPECTION LF 2120 0.64 $0.00 Total PART 1 - SANITARY SEWER: $57,026.53 PART 1 . SANITARY SEWER: - Bid AmountTotal- $65,184.19 PART 2 - WATER MAIN: 7 CONNECT TO EXISTING 12" WATER MAIN EA 1 1159.75 1 $1,159.75 8 CONNECT TO EXISTING 8" WATER MAIN EA 1 1159.75 1 $1,159.75 9 8" PVC WATER MAIN LF 2000 13.95 2031 $28,332.45 10 6" PVCWATER MAIN LF 375 12.09 374 $4,521.66 11 6" GATE VALVE AND BOX EA 1 626.11 1 $626.11 12 8" GATE VALVE AND BOX EA 6 810.36 5 $4,051.80 13 8" PVC WATER MAIN, JACKED W/STEEL CASING LF 55 157.07 55 $8,638.85 14 SALVAGE AND REINSTALL HYDRANTNALVE EA 1 909.75 1 $909.75 15 HYDRANT WITH VALVE EA 6 2206.80 6 $13,240.80 16 DUCTILE IRON FITTINGS LB 4600 0.92 4386 $4,035.12 17 6" PIPE RESTRAINT EA 24 41.95 24 $1,006.80 18 8" PIPE RESTRAINT EA 45 52.93 45 $2,381.85 19 IMPROVED PIPE FOUNDATION LF 500 3.20 $0.00 Total PART 2 - WATER MAIN: $70,064.69 PART 2 - WATER MAIN: - Bid Amount Total-$72,251.57 PART 3. SERVICES: 20 1" CORPORATION STOP EA 35 70.01 35 $2,450.35 21 1" CURB STOP AND BOX EA 35 128.90 35 $4,511.50 22 1" TYPE "K" COPPER WATER SERVICE LF 1500 7.44 1435 $10,676.40 23 8" X 4" PVC WYE EA 35 104.82 35 $3,668.70 24 4" P\lC, SCH. 40 SERVICE PIPE LF 1460 8.29 1525 $12,642.25 25 INSULATION, 2" THICK SF 640 1.85 272 $503.20 Total PART 3 - SERVICES: $34,452.40 PART 3 - SERVICES: - Bid Amount Total- $35,077.95 PART 4. STORM SEWER: 26 12" RCP STORM SEWER, CLASS 5 LF 300 22.15 296 $6,556.40 27 15" RCP STORM SEWER, CLASS 5 LF 550 21.68 551 $11,945.68 28 18" RCP STORM SEWER, CLASS 5 LF 750 23.73 750 $17,797.50 29 21" RCP STORM SEWER, CLASS 4 LF 400 26.86 402 $10,797.72 30 21" PVC STORM SEWER, SDR 26 LF 71 41.97 71 $2,979.87 31 27" RCP STORM SEWER, CLASS 3 LF 169 35.51 169 $6,001.19 32 12" RCP FLARED END SECTION EA 1 353.98 1 $353.98 33 18" FLARED END SECTION EA 2 398.71 2 $797.42 34 21" FLARED END SECTION EA 2 448.20 2 $896.40 35 27" FLARED END SECTION EA 1 509.97 1 $509.97 36 CLASS III RANDOM RIPRAP CY 40 70.00 60 $4,200.00 37 2' X 3' CB EA 4 1078.97 4 $4,315.88 38 4' DIAMETER STORM CBMH EA 9 1397.40 9 $12,576.60 39 5' DIAMETER STORM SEWER MH EA 1 2247.27 1 $2,247.27 40 4' DIAMETER STORM SEWER MH EA 3 1427.22 3 $4,281.66 41 4' DIA. MH OVERDEPTH LF 6.5 103.53 6.41 $663.63 42 OUTLET CONTROL STRUCTURE (SS-15) EA 1 1719.43 1 $1,719.43 43 OUTLET CONTROL STRUCTURE (SS-18 AND 19) EA 2 1671.50 2 $3,343.00 44 SEEDING, INCL. SEED, FERTILIZER, MULCH, AND DtSK ANCHOR AC 0.25 2729.50 $0.00 45 SILT FENCE, REGULAR LF 200 4.12 $0.00 Total PART 4 - STORM SEWER: $91,983.60 PART 4 - STORM SEWER:. Bid Amount Total- $92,112.49 PART 5 - STREETS: 46 MOBILIZATION LS 1 9106.00 0.85 $7,740.10 47 SUBGRADE PREPARATION - STREET SY 9500 0.50 9500 $4,750.00 48 SUBGRADE PREPARATION. TRAIL SY 1300 0.67 800 800 $536.00 61603132RE04.xls " Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date 49 GEOTEXTILE FABRIC SY 9500 1.34 3500 9500 $12,730.00 50 SELECT GRANULAR BORROW (CV) CY 5200 11.35 1200 5200 $59.020.00 51 AGGREGATE BASE, CLASS 5 TN 3600 11.39 2600 3600 $41,004.00 52 AGGREGATE BASE, CLASS 5 - SIDEWALK TN 160 11.39 $0.00 53 AGGREGATE BASE, CLASS 5 - TRAIL TN 500 11.39 250 250 $2,847.50 54 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 730 35.02 772.69 772.69 $27,059.60 55 TYPE LV 3 WEARING COURSE MIXTURE (B) TN 730 36.31 $0.00 56 BITUMINOUS MATERIAL FOR TACK COAT GAL 400 1.39 150 150 $208.50 57 BITUMINOUS WEAR COURSE, TYPE 41A, TRAIL TN 140 48.93 $0.00 58 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 4300 7.36 4268 4268 $31,412.48 59 4" CONCRETE SIDEWALK SF 4800 2.72 $0.00 60 PEDESTRIAN CURB RAMP EA 2 154.50 $0.00 61 4" PERF ORA TED POLYETHYLENE PIPE LF 4300 3.09 2172 4172 $12,891.48 62 SKIDSTER (BOBCAT WITH OPERATOR) HR 20 75.00 $0.00 63 STREET SWEEPER (PICKUP BROOM W/OPERATOR) HR 20 150.00 $0.00 64 WATER FOR DUST CONTROL 1000 GAL 50 20.00 $0.00 65 DOUBLE WOOD BARRICADES (2 PER EA), INCL SIGN PANELS EA 2 386.25 $0.00 66 REMOVE AND REPLACE CONCRETE CURB - HUNTERS 1ST LF 30 21.63 $0.00 67 REPAIR GATE VALVE - HUNTERS 1ST EA 1 509.82 $0.00 68 TEMP. ROCK CONSTRUCTION ENTRANCE TN 100 18.00 50 $900.00 69 PROTECTION OF CB IN STREET EA 13 50.00 $0.00 Total PART 5 - STREETS: $201.099.66 PART 5 - STREETS: - Bid Amount Tolal- $262,656.72 PART 6 - SANITARY SEWER - CENTERVILLE ROAD: 70 8" PVC SANITARY SEWER, SDR 35,10'-12' DEEP LF 650 21.24 653 $13,869.72 71 CONNECT TO EXISTING MANHOLE EA 1 1409.75 1 $1,409.75 72 4' DIAMETER SANITARY MANHOLE EA 2 1368.65 2 $2,737.30 73 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 6 103.53 3.19 $330.26 74 8" OUTSIDE DROP LF 3.4 203.25 4.5 $914.63 75 IMPROVED PIPE FOUNDATION LF 650 3.20 653 $2,089.60 76 CLOSED CIRCUIT TV INSPECTION LF 650 0.64 $0.00 77 CLEAR AND GRUB LS 1 5000.00 1 $5,000.00 78 LANDSCAPING LS 1 6489.00 $0.00 79 REMOVE AND REPLACE 6882 DRIVEWAY LS 1 1875.00 0.25 0.75 $1,406.25 80 REMOVE AND REPLACE 6892 DRIVEWAY LS 1 1875.00 0.25 0.75 $1,406.25 81 REMOVE AND REPLACE BITUMINOUS TRAIL SY 45 12.88 $0.00 82 TRAFFIC CONTROL LS 1 1545.00 0.2 0.95 $1,467.75 83 SEEDING, INCL SEED, FERTILIZER, MULCH, AND DISK ANCHOR AC 0.5 2729.50 $0.00 84 EROSION CONTROL BLANKET SY 1000 1.80 $0.00 Total PART 6 - SANITARY SEWER - CENTERVILLE ROAD: $30,631.51 PART 6 - SANITARY SEWER - CENTERVILLE ROAD: - Bid Amount Total- $42,289.63 PART 7 - WATER MAIN - CENTERVlLLE ROAD: 85 6" PVC WATER MAIN LF 500 16.81 521 $8,758.01 86 6" GATE VALVE AND BOX EA 1 651.11 1 $651.11 87 HYDRANT WITH VALVE EA 1 2281.98 1 $2,281.98 88 IMPROVED PIPE FOUNDATION LF 300 3.20 $0.00 89 DUCTILE IRON FITTINGS LB 200 0.92 253 $232.76 90 6" PIPE RESTRAINT EA 6 41.95 6 $251.70 91 SODDING, LAWN TYPE SY 500 4.67 $0.00 92 SEEDING, INCL SEED, FERTILIZER, MULCH, AND DISK ANCHOR AC 0.25 2729.50 $0.00 93 REMOVE AND REPLACE CULVERT AND DRIVEWAY LS 1 1875.00 0.25 0.75 $1,406.25 Total PART 7 - WATER MAIN - CENTERVILLE ROAD: $13,581.81 PART 7 - WATER MAIN - CENTERVILLE ROAD: - Bid AmounlTolal- $17,626.17 PART 8 - SERVICES - CENTERVILLE ROAD: 94 8" X4" PVC WYE EA 5 179.82 5 $899.10 95 4" PVC, SCH. 40 SERVICE PIPE LF 50 14.30 51 $729.30 96 4" SANITARY SEWER SERVICE DIRECTIONAL DRILLED LF 300 19.80 288 $5,702.40 97 1" TYPE "K" COPPER WATER SERVICE LF 80 13.44 91 $1,223.04 98 1" TYPE "K" COPPER WATER SERVICE DRILLED LF 100 17.36 96 $1,666.56 61603132REQ4.xls ~ . No. Item 99 100 Contract 1" CORPORATION STOP 1" CURB STOP AND BOX Total PART 8 - SERVICES - CENTERVILLE ROAD: PART 8 - SERVICES - CENTERVILLE ROAD: - Bid Amount Total- $11 ,550.94 Unit EA EA Quantity 4 4 Total PART 1 - SANITARY SEWER: Total PART 2 - WATER MAIN: Total PART 3 - SERVICES: Total PART 4 - STORM SEWER: Total PART 5 - STREETS: Total PART 6 - SANITARY SEWER - CENTERVILLE ROAD: Total PART 7 - WATER MAIN - CENTERVILLE ROAD: Total PART 8 - SERVICES - CENTERVILLE ROAD: Total Work Completed To Date 61603132REQ4.x1s Unit Current Price Quantity 82.51 213,90 Quantity to Date 4 4 Amount to Date $330,04 $855.60 $11,406,04 $57,026.53 $70,064,69 $34,452.40 $91,983.60 $201,099,66 $30,631.51 $13,581.81 $11,406.04 $510,246,24 .' PROJECT PAYMENT STATUS OWNER CITY OF CENTERVILLE BRA FILE NO. 616-03-132 CONTRACTOR NORTH DALE CONSTRUCTION COMPANY INC CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 03/01/2004 05/07/04 113,493.46 5,973.34 119,466.80 2 05/08/2004 06/09/04 149,634.55 13,848.84 276,976.85 3 06/10/2004 07/02104 109,111.84 19,591.57 391,831.42 4 07/03/2004 07/26/04 112,494.07 25,512.31 510,246.24 Material on Hand Total Payment to Date $484,733.92 Orininal Contract $598,749.66 Retainane Pav No. 4 25,512.31 Chanoe Orders Total Amount Earned . $510,246.24 Revised Contract $598,749.66 61603132REQ4.xls Rug 06 2004 11:01 BONESTROO ROSENE RNDERLIK 6516361311 p.2 / ENQ, ", IN- ~.,ii!''''''''~' ".:A'~ ~:op"~~f"c 1R'<" .' '",",jlJouo,l-", . ."',.... I!.l: ' >l< . ;J L_ii"~ ~4 ~~ n Bonestroo Rosene R Ander/if< & ,y, Associates Engineel'5 &. ArthilKU Owner: Citvof Cenlerville, 1880 Main St., Centerville MN 55038 Date: July 29, 2004 For Period: 1012312003 to 7/29/2004 Reauest No: 4/Reyised Contractor: Daye Perkins Contractino Inc., 14230 Basalt SI. NW, Anoka MN 55303 CONTRACTOR'S REQUEST FOR PAYMENT PEL TIER PRESERVE UTILITY & STREET IMPROVEMENTS BRA FILE NO. 616-Q~129 SUMMARY 1 Original Contra'd Amount $ 503,307.00 2 Change 'Order - Aadition $ 0.00 3 Change Order. Dedudlon $ 0.00 4 . Revised Centrad Amount S 503,307.00 5 Value Completed to Date $ 452,322.00 6 Malerial on Hand $ 0.00 7 Amount Earned $ 452,322.00 8 Less Retalnage 5% $ 22.616.10 g Subtotal $ 429,705.90 10 less Amount Paid Previously $ 389.611.12 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 4/Revised $ 39.894.78 RecommBnded for Approva' by: BONESTROO, ROSENE, ANDERlIK & ASSOCIATES, INC. (~~ wf~ -,......-._~.. ~ o PE liNG INC Approved by Owner: CITY OF CENTERVlLLE Specified Contrad Completion Date: May 15, 2004 Date: 61603129RE04Rccvi$eod.K1s ( EDC Members, I am sony to report that I will not be able to make the August 10th meeting. At this time, life is proving to be very busy in the Backman house and I feel that I cannot give a lot of time to the much needed EDC committee and its' goals. Therefore, I feel I need to resign. I was hoping to resign in person, but not being available for August - puts us out into September and I would rather see that time used to advertise for a new board member ortwo. I have enjoyed my time on the committee and will still volunteer when time permits for special events - don't hesitate to call. Thanks for understanding my position on this. I would put the word out for new members. It's been a pleasure to be on the EDC committee for over two years, but I need to re- organize aqnd wrap up a number of projects that are eating up my time. I hope to connect with the City and its' committee work in the future. Sincerely, ( Bridgett Backman tervi{{e 1880 Main Street . CentewiCCe, M9I[ 55038 (651) 429.3232 . 'Tal( (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #04-038 RESOLUTION PROCLAMATION OCTOBER OF 2004 IS PROCLAIMED AS DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County and perpetrators of said crime are subject to prosecution and conviction in accordance with the law; and fHEREAS, over thousands of women and children have and will continue to access assistance from Alexandra House, Inc., a domestic violence service provider; and WHEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time effecting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Month; and WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences and what we, as a concerned community can do to eliminate its existence. NOW, THEREFORE BE IT RESOLVED AND KNOWN TO ALL that the City of Centerville proclaims October to be Domestic Violence Awareness Month on August!!, 2004. PASSED AND ADOPTED by the City Council this ! Ith day of August, 2004. Mayor, Terry Sweeney ,ttest: City Clerk, Teresa Bender tervi{{e 'Esta6{isfied 1857 1880 Main Street . Centerviffe, 'ft[g{ 55038 (651) 429-3232 . :F~(651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #04 - 039 A RESOLUTION ACCEPTING BID FOR THE 2004 STREET SEAL COAT PROJECT WHEREAS, pursuant to an advertisement for bids for the 2004 Street Seal Coat Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Bid Amount Allied Blacktop Pearson Brothers, Inc. $67,183.50 $76,342.50 AND WHEREAS, it appears that Allied Blacktop is the lowest responsible bidder at $67,183.50; and 30W THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA: 1. The Mayor and City Administrator are hereby authorized and directed to enter into a attached contract with Allied Blacktop for the 2004 Street Seal Coat Project as stated above according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. PASSED AND ADOPTED by the City Council this 11th day of August, 2004. Attest City Clerk Mayor Kim Moore-Sykes rom: Sent: To: Subject: Dan & Mary Capra [netfalcon@comcast.net] Tuesday, August 03, 2004 10:55 AM Moore-Sykes, Kim City Sign Hi' Kim, Would you please have this item added to our agenda "City Sign Usage" under updates for the next meeting. I stopped by St. Genevieve's this morning and was informed by the secretary that last year when she contact the City regarding placing information on the City Sign regarding the Church Picnic Teresa stated she would not place it on the City sign due to it being an issue of separation of Church and State. I don't believe we have an official policy that I am aware of regarding the City Sign, maybe you could look into that prior to the meeting. My second question is regarding advertising other local events such as, school, lions, etc. We do advertise the Haunted House for the Lions, which could be associated with "Black Magic or Dark Religion" as many people are opposed to things of that nature we maybe should reconsider promoting that event. I know the Lion's organization does not promote it as a religious event, as St. Gene's does not promote the picnic as a religious event they simply are hosting it. Personally I don't have a problem advertising community events if the City Sign is available, Scouting for food, Church picnic's (certainly Mass schedule's), Lion's Haunted House, School Carnival, etc. Thanks, Jary Capra 1 , Mel11o... TO: Honorable Mayor and Council Member FROM: Teresa Bender, City Clerk SUBJECT: PolicyJProcedures for Marquee, Web Site, Newsletter & Cable Channel DATE: August 6, 2004 Upon receipt of Council Member Capra's email regarding the placement of information/community events on the City's marquee. Additional thought has been placed on this issue regarding placement of same on the web site, cable channel and newsletter and a policy that would also involve these venues. I contacted Rick from the League of Minnesota Cities in regards to any of the venues and policies/procedures for same. I have attached the information that was forwarded. I contacted Jean, City ofLino Lakes, who informed me that the City is in the process of revamping their web site and will be working toward a policy. They do not have a marquee. I contacted Michelle, City of Hugo, who informed me that they also do not have a marquee or policy. I contacted Jane Cross, City of Blaine, who put me in touch with Heidi who pointed me to their web site. They also stated that they do not have a marquee or a formal policy. I have attached information from their web site for your information. Site Information Page 1 of2 ii, Insitle City Hall I . I. , . " - r . ~ JjyfR? l14tR? IJ1$lMff YifitIJIl /JIstliflitT /lJ1I Home I Site Information Quick Links == .~~----~ .. ...- This site is best viewed with Internet EwrerJ1 and above or NetscalliLR and above, and at a screen resolution of at least 800 x 600. This site also uses MaffiltMPia E!J1~la~9.. City Web Links Policy ~ lID e- lm ~ ~ o CLl ~ ~ 'f) Email QuestiOl Comments & ~ A to Z City Ser Agendas and r City Calendar City Code of C City Newslette City Maps Email the City Employment other Links Public Notices To be sure that you are viewing the most up to date information on this site, be sure to clear your browser cache. For more information, please visit gearing Y Oill Brow~er CaclJ.g. The purpose ofthe City of Blaine's website is to provide information about the City's government, services, and attractions. The City's website may provide links to websites outside the City's website that aiso serve this purpose. The City is not responsible for and does not endorse the information on any linked website unless the City's website states otherwise. The following criteria will be used to decide whether to grant requests for City website links. If a particular request does not fit any of the following criteria, the City Council will decide whether to approve the request The City Council will approve the requested website link if it serves the general purpose of the City's website. The City's website will provide links to websites for: t~~~ . Governmental and educational institutions. . Organizations with some relationship to the City (including, but not limited to: organizations contracting with the City, organizations sponsoring City activities or programs, and organizations participating in City activities or programs). . Generally recognized community organizations. . Organizations providing information about art, cultural, and sporting activities in the City's area. . Organizations providing information about employment opportunities in the City's area. . Organizations providing information about tourist attractions in the City's area. . City CouncU . City Council Oil . City Council ME . Commissions a . Business Subsi . Establish Poliel Blaine Airport . . Mission Statem . Other Elected ( '"' Administration . Candidates for local, state, or federai offices. . Political organizations or other organizations advocating a position on a local, state, or federal issue. . Corporate or other for-profit organizations unless they fit any of the criteria stated above. . Individual or personal home pages. '/!>,. Public Services . Building Inspec . Economic Dev~ . Engineering . Forestry . Parks and Reel . Planning . Public Works . Senior Center The City's website will not provide links to websites for: . Safety Services . Fire Oepartmer . Fire Prevention . Housing Servic . Neighborhood: . Police Departm . Support Services http://www.ci.blaine.mn.us/Page_ Components/BortomNavBar/_ SiteInfo/SiteInfo JIome_htm 8/6/2004 Site Information Page 2 of2 . City ClerklElecti . Communication . Finance . Geographic Info . Human Resourc . Information Sa!"' Minne. Get the ~~ 1 >'i~ Feels Uke: 7 Humidity: 64 Wind: S at 3 Enter citylzip G, f Fe Download Oeskt UIItId fit Slttll$ I1iStrKtlltl AttmiIIIitY1II1t'I Copyright @ 2004 City of Blaine. All rights reserved. P/'WiIt1 HI1t1 http://www.ci.blaine.mn.uslPage_ComponentsJBottomNavBar/ _ SiteInfo/SiteInfo _ Home.htm 8/6/2004 Page 2 of2 Blaine MN 55449 (763) 785-6124 (763) 785-61 56 fax www.ci.blaine.mn.us -----Original Message.---- From: Teresa Bender [mailto:tbender@centervillemn.com] Sent: Thursday, August 05, 200411:30 AM To: Cross, Jane Subject: Dear Jane: Does the City of Blaine have a policy/procedures regarding information that is placed in your newsletter, on your web site, marquee or cable channel. (Advertising for City events, churches, non-profits, etc.)? ~ 11'...4. ~ &...e ~4~ 1880 MaP. $(<ed ~,"#1n 55098 U-, (650 429-9232,.t.3 F.,., (65!) 429-8629 I I I I I L~__ _ __ __ __ __ __ __ 8/612004 Page 1 of2 Teresa Bender From: Andrea, Heidi [HAndrea@ci.blaine.mn.us] Sent: Thursday, August 05, 2004 9:00 PM To: 'tbender@centervillemn.com' Cc; Cross, Jane; Haver, Roark Subject: RE: Teresa, .Jane Cross forwarded your email to me regarding policy/procedures pertaining to website information. The following link outlines our website policy: http://www.cLblaine.mn.us/PaQeComponents/BottomNavBar/SiteInfo/SiteInfoHome.htm. The City also provides a Business Listing page for informational purposes where we provide links to area businesses http://www.ci.blaine.mn.us/ InsideCityHall/ PublicServices/ EconomicDevelopment/ BusinessListing/Busin Hope this helps you as far as the website is concerned. If you have any further questions, feel free to contact me. Heidi Andrea Information Services Web Specialist handrea@ci.blaine.mn.us City of Blaine 10801 Town Square Drive NE Blaine MN 55449 763-717-2638 From: Cross, Jane Sent: Thursday, August 05, 2004 12;04 PM To: 'Teresa Bender' Ccl Haver, Roark; Andrea, Heidi Subject: RE: Hi Teresa, I would have to defer you to Roark Haver, our cable and newsletter contact, and to Heidi Andrea, our website contact. Roark can be reached at 763-785-6192 or rhaver@cLblaine.mn.us and Heidi can be reached at (763) 717-2638 or handrea@ci.blaine.mn.us They can give you a better idea of the policy and procedures regarding printing information in those media. Good luck! J~M. Cr<m>CMC City Clerk City of Blaine 10801 Town Square Drive 8/6/2004 CITY OF CENTRALlA BANNER POLICY PURPOSE: The purpose of this policy is to govern the use of banners within the right-of-ways in the city of Centralia. ELIGIBILITY REQUIREMENTS: Applications will only be accepted from non- religious, non-political, civic organizations advertising community events. RESERVATIONS: A calendar shall be maintained by the Utilities Department to reserve banner installation dates. Organizations are limited to two events per year for a one week period unless scheduling permits an extension. APPLICATION FOR PERMIT: Banner applications may be obtained from the City of Centralia Utilities Department. The application may contain the following information: . Date of event. . Name and purpose of event. . Date of proposed placement of banner. . Draft of proposed art work and message to be printed on the banner. . Date banner will be removed. . Proof of tax exempt status. . Sponsoring agency. . Contact person, name and phone number(s) to be used in the event of a problem. . Current comprehensive liability insurance certificate and hold harmless agreement. TIME LIMITATION: Applications must be submitted at least 60 days prior to the date(s) being requested; however, they will not be accepted more than one year in advance of the requested installation date. Completed banners shall be submitted to the Utilities Department two weeks in advance of the event. Banners will be hung every Monday and will be removed the following Monday. Organizations may recover their banner(s) on Tuesdays at the Utilities Department. In the event an organization fails to pick up their banner 30 days following the conclusion of the event, the City has the right to dispose of said banner(s ). BANNER CONTENT AND LANGUAGE: The City Manager or his/her designee, shall have sole authority to approve or deny banner applications, including design, content, location, and installation dates. Completed banners that don't contain the same language as stated in the application will not be hung. Word/policieslbannerlsgg 1 . CITY OF CENTRALlA BANNER POLICY Any banner, which by glare constitutes a hazard to traffic, shall be prohibited. No sign may use the words "stop," "look," "danger," "drive-in," or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead or confuse traffic. SKYLINE BANNER SPECIFICATIONS: Banners shall meet the following specifications: 1) Weight 16 oz. material 2) Height (3') 3) Length 20' 4) Wind cuts or wind flaps required 5) Sewn in hem 6) Grommets SKYLINE BANNER LOCATIONS: The following locations are available for displaying banners in the city of Centralia: Main and Cedar Mellen and Marsh BOULEVARD BANNER SPECIFICATIONS: Banners shall meet the following specifications: 1) Height - 60" minimum - 84" maximum 3) Width - 24" maximum 4) Wind cuts or wind flaps required 5) Hem - single sewn in hem on sides - double sewn in hem with a 2 1/2 inch opening on pole pocket side 6) Grommets - each corner 7) Material - minimum specification shall be 200 denier nylon FLAG BANNER SPECIFICATIONS: Banners shall meet the following specifications: 1) Length - 60" maximum 2) Width - 36" maximum BOULEVARD AND FLAG BANNER LOCATIONS: Banners can be displayed in different core locations within the city of Centralia on light poles as approved by City staff. Word/policies/bannerlsgg 2 L________________. _ _. _. _ _ CITY OF CENTRALlA BANNER POLICY . BANNER INSTALLATION AND REMOVAL: Banners will be installed and removed by the City staff. The City shall provide all supports, braces, guys, anchors, and ropes required for the installation of banners. BANNER MAINTENANCE: Any defect in a banner which could cause possible injury, damage to property, or a traffic hazard, will cause the banner to be removed by the City without prior notification to the organization. Organizations will be responsible for the cost to repair any damage to city owned property that may result from the hanging or suspension of the banner. HOLD HARMLESS: The Organization shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with activities or operations performed by the Organization or on the Organization's behalf out of issuance of this permit, except for injuries and damages caused by the sole negligence of the City. INSURANCE: The Organization shall procure and maintain for the duration of the Permit, insurance against claims for injuries to persons or damage to property which may arise from or in connection with operation or activities performed by or on the Organization's behalf with the issuance of the Permit. The Organization shall provide the City with a Certificate of Insurance evidencing General Liability Insurance with limits no less than $1 Million each occurrence; $2 Million general aggregate. The City shall be named as an additional insured on the Organization's policy. Dated this day of ,2001 Approved to form: Approved: City Attorney City Manager Word/poJicies/banner{sgg 3 . /0 [) ~LIl~<V, ~p 7/UJ02 City of Oakdale Policy No. 95-07 RlEGULATKNG ADVERTISEMENTS KN CKTYPUJBUCATKONS, CABLE 'fELEVKSION, AND JBALLFIELDS 1.0 Purpose The City of Oakdale strives to keep residents informed of city policies, programs, and regulations through City publications and cable television broadcasts. To offset costs, the city periodically solicits advertisements from area businesses. The City of Oakdale established the following policy for accepting advertisements: 2.0 AdvertisingContent 2.1 The City of Oak dale shall only accept advertisements from commercial establishments. 2.2 Given the negative public health and safety ramifications associated with the use of liquor, particularly by minors, and the city's sponsorship of the D.A.R.E. program, the city will not accept advertisements which relate to, or promote the use of alcohol. 2.3 As there is a preponderance of evidence about the negative impact of tobacco usage on the public health. The City will not accept advertisements which relate to, or promote the use of tobacco products. 2.4 Advertisements for establishments that are in the primary business of selling alcohol and/or tobacco products will not be accepted. 2.5 Advertisements which are libelous or obscene will not be accepted. Adopted: Amended: 1995 February 10, 1998 ADVERTISING RATES FOR CITY OF OAKDALE NEWSLETTER . Cost Per Issue . Ix 2x 3x 4x 1/2 Page $445 $420 ea. $395ea. $370 ea. 1/4 Page $245 $230 ea. $215 ea. $200 ea. 1/8 Page $130 $120 ea. $110 ea. $100 ea. DEADLINES/REGULATIONS. Camera-ready ~ (may be sent vIa email to: sue@ci.oakdale.mn.U:s)for each issue of the newsletter is due on: D January 10 for the March issue. Q April 1 0 for the June issue. D July 10 for the September issue. D October 10 for the December issue. INSERTS. The city shall accept inserts from advertisers provided: 1. The insert offers significant city-wide benefit (i.e. maps, information pertaining to Oakdale's amenities). 2. The advertiser provides a number of inserts to the city equivalent to the number of newsletters being printed. 3. The advertiser pays the city for ad space based on the size of the ad included on the insert. 4. The advertiser pays for any costs quoted by the city's printer associated with the insertion of the materials into the newsletter (i.e. paper size, saddle-stitching, additional postage). CANCELLATIONS cannot be accepted after the deadlines noted above. The advertiser assumes all responsibility for ad content. All ads submitted must comply with the City Policy #95-07 on advertising. CIRCULATION. The Oakdale newsletter is mailed to all persons residing in the 55128 zip code district. Circulation is estimated at 12,000 issues. . BILLING. The city will provide a bill after the ad has been published. Direct questions to Sue Barry at #(651) 730-2704 - u_ -- -----1 - - . AD RESERVATION FORM P1easecomplete this fonn and return it to: Sue Barry, City ofOakda1e, 1584 Hadley Avenue North, Oakdale, MN, 55128 Business Name: Contact Person: Address: Telephone Number: Email: Please reserve space for me in the following issue(s) (circle all applicable): March Ad submittal deadline - January 10 1/8 Page I 1/4 Page I 1/2 Page June Ad submittal deadline - April 10 1/8 Page I 1/4 Page I 1/2 Page I September Ad submittal deadline - July 10 1/8 Page I 1/4 Page I 1/2 Page I December Ad submittal deadline - October 10 1/8 Page I 114 Page I 1/2 Page I Cost Per Issue 1x 2x 3x 4x 112 Page $445 $420 ea. $395ea. $370 ea. 1/4 Page $245 $230 ea. $215 ea. $200 ea. 1/8 Page $130 $120 ea. $110 ea. $100 ea. Return this completed fonn with ad copy GASSEN COMPANIES August 5, 2004 Teresa Bender CITY OF CENTERVILLE 1880 Main Street Centerville, MN 55038 RE: SINGLE TOWNHOMES OF EAGLE PASS COTTAGES Dear Teresa: On behalf of the Single Townhomes of Eagle Pass Cottages, please accept this correspondence as request to move the two mailboxes in front of 1854 Pioneer Lane to another location. These two mailboxes service the single family homes at 1861 Pioneer Lane and 7005 Eagle Trail. Is there another location that would be more convenient to place these mailboxes for the residents of these two homes? The purpose in moving these mailboxes is not to inconvenience these homeowners; rather, it is an aesthetic issue as well as ease for lawn maintenance. Your attention to this matter is appreciated. Should you have any questions or comments regarding this matter please feel free to contact me anytime at (952) 253- 4914. Thank you Teresa! 7275 BUSH LAKE ROAD ^ EDINA, MINNESOTA 55439 ^ (952) 922.5575 ^ FAA (952) 922.2004 www.gassen.com I ~ , . ~. Bonestroo e Rosene 'Ii1I Anderlik & 1 ~ 1 Associates Engineers & Architects 2335 West Highway 36 . St. Paul, MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 www.bonestroo.com ctS'l~"O ~~ \ \ t"'" t>.\)U August 9, 2004 Kim Moore-Sykes City of Centerville 1880 Main Street Centerville, MN 55038-9794 Re: 2004 Utility & Street Improvements File No, 616-03-133 Dear Kim, Enclosed is cost proposal from Visu-Sewer Clean and Seal, Inc, for repair of three (3) sewer lines, We have reviewed the numbers and recommend approval ofVisu-Sewer's quote, There were three (3) locations, one on Center Street and two on Oak Circle, where it was not feasible to "dig up" the pipe during construction, Instead, we asked for a price to repair the pipe using liners and grout from within the sewer. The total cost of $6,015,00 is actually less than had we dug up and repaired the pipes, Yours very truly, Bonestroo Rosene Anderlik & Associates, Inc, (~tJ~ ~ Thomas W, Peterson TWP:crw Enclosure . St. Paul. St. Cloud, Rochester, Willmar, MN . Milwaukee. WI . Chicago. IL Affirmative Action/Equal Opportunity Employer <'Ind Employee Owned , VISU-SEWER CLEAN & SEAL, INC. 7805 Beech Street N.E. . Fridley, MN 55432-1762 763-252-0004 Fex 763-252-000B BBB~B76-B47B www.visu~6ewer.com Thursday, August 05, 2004 Thomas Peterson Bonestroo Rosene Andertik & Assoc. 2335 West Hwy 36 St Paul, MN 55113 RE: Centerville Sanitary Sewer Rehab Proposal Dear Mr. Peterson: As per your letter dated July 23, 2004 I have tabulated the following repairs and costs for your review. Repair # 1 - Center Sl. - Cut protruding C.I. tap and mineral deposits - Install 6 ft. C.I.P.P. liner - Reinstate service connection $ 3,060.00 - crack was actively leaking and could require grouting the joint and/or the wye/ tap connection. I would like to suggest that this be televised at a later date during high ground water conditions and then decide how to proceed, The liner I would like to install during low ground water conditions, Please note that the liner will provide structural strength but might not seal the active infiltration and also require grouting. Repair # 2 & # 3 - Oak Circle - Cut mineral deposits in line - Install two (2) 5 ft liners $ 2,955.00 Should you have any questions or would like to schedule please contact our office. Also please update your files with our new address and phone numbers. We have been at this location for 3 years and must have missed you with our address change notices. Thanks again for the consideration on this and future projects. Sincerely, ~?~ Ronald Fenney General Manager Serving-Municipalities. Utilities end Industry member of '8 . CITY OF CENTERVILLE CITY COUNCIL WORKSESSION & MEETING JULY 28, 2004 5:30 & 6:30 p.m. RESPECTIVELY Pursuant to due call and notice thereof, the City of CentervilIe held their regularly scheduled worksession on July 28, 2004, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Paar Council Member BrOUSSfjd iCkert Council Member Capra 0 Council Member Lee ABSENT: STAFF: Public Works Director Mr. Paher City Attorney Mr. Hoeft City Engineer Mr. Peterson I. CALL TO ORDER Mayor Sweeney called the July 28, 2004, City Council work session meeting to order at 5:30 p.m. Personnel Policy Discussion was held regarding the personnel policy and Council members would submit letters of concerns to the City Administrator prior to the August II, 2004 meeting. Police Building Discussion was held regarding the proposed/potential purchase of a police building and Council had concerns regarding special levy timeframes and legal ramifications if a default occurred by one (I) of the three (3) cities. Brief discussion ensued regarding discussion with the City of Hugo for police coverage. 2005 Budget Council discussed the 2005 City budget, the need for financial advisory assistance and options. Consensus was to approach the previous Finance Director to ascertain her willingness to assist the City in this process. The Mayor closed the work session at 6:29 p.m. The Mayor opened the regularly scheduled Council meeting at 6:30 p.m. ~ - f . City of Centerville July 28, 2004 Council Meetiug Minutes II. SET AGENDA Mayor Sweeney added Freedom Car Rental and payment to Lino Lakes 21st Avenue payment to the Consent Agenda. He also added Greg Nohner under Appearances along with Mr. Kieselhorst. He then added Mr. PaIzer's insurance reimbursement and a request for sod extension under new business. An Executive Session was added prior to adjournment. Motion bv Conncil Member Broussard Vickers. seconded bv Council Member Paar to approve the a2enda as amended. All in favor. Motion carried unanimouslv. ill APPROVAL OF COUNCIL MINUTES 1. xxx. 2004 Executive Session Meeting; Minutes Minutes to be submitted for the next meeting. 2. Julv 14.2004 City Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 4, fifth paragraph, last sentence change far to farm. On Page 5, seventh paragraph from top remove city and insert sidewalk. On Page 6, fifth paragraph remove the second Mr. Peterson. Council Member Capra requested the following change: On Page 3, change last sentence under Betsy Scheller change the word water to sewer. Motion bv Council Member Caura. seconded bv Council Member Paar to aDProve the Julv 14. 2004 City CouDcil Meetin2 Minutes as amended. All in favor. Motion carried unanimouslv. lV. CONSENT AGENDA L City ofCenterville June 9,2004 through June 23, 2004 Claims 2. Centennial Fire District Claims through July 19, 2004 3. Centennial Fire Quarterly Expenditures - $20,669.25 4. Centennial Lakes Police Department Claims 7/01-7/15/04 5. Pay Estimate #2 - Dresel Contracting (2004 Street Project) $223,530.68 6. Pay Estimate #3 - Northdale Construction (Hunter's Crossing 2nd Addition, Phase I $109,1l1.84 7. Acceptance of the Resignation of Commissioner John McLean - Planning and Zoning 8. Acceptance of the Resignation of Committee Member Kyle McLean - EDC 9. Approval to Purchase Recognition Plaques for the Individuals Listed Above - Not to Exceed $75 for Both Page 2 of 10 I I I ~ '. 10. City of Centerville July 28, 2004 Council Meeting Minutes To Approve $53.25 for the use of a Motorized Scooter from Freedom Cars for the Parade Coordinator Partial Payment #3 and Change Order - 21st Avenue - $8,900 11. Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to aDDrove the Consent A2enda as Dresented. AU in favor. Motion carried unanimously. V. A W ARDS/PRESENTATIONS/APPEARANCES 1. Superintendent Mr. Christianson. Centennial School District (Update) Mr. Christianson addressed Council and provided background information on Centennial School District No. 12. Council Member Paar indicated the district seems to be doing well even though it has the least operating dollars. Mr. Christianson indicated that with the state's freezing of resources the challenge has become greater. Council Member Capra commented that many of the things accomplished have been done with previous levies. 2. Mr. Mike Thinesen. Main Street Bank /Presentation ofLi2bted Vests) Mr. Greg Mack of Safelights thanked the bank for the donation toward the community beacon program. Public safety officials take risk when step out of vehicles safelights through innovative engineering developed the next generation safety vest. Officers are able to self illuminate vests. Main Street Bank donated five of them and presented them to Chief Heckman. 3. Greg Nohner. Eagle Pass Mr. Nohner addressed Council and indicated he received a letter from the City dated July 23,2004 referencing the memo of City Engineer, Tom Peterson. He then asked about the catch basin and whether that would be at grade so it would be flat with the grass and sidewalk. Mr. Peterson indicated that it would be. Mr. Nohner thanked the City on behalf of the Association and suggested that the funds be taken from the escrow account of the developer versus coming out of the storm sewer fund. City Attorney Hoeft indicated that would not be possible. Page 3 of 10 << .' City of Centerville July 28, 2004 Council Meeting Minutes Mr. Nohner indicated he would rather have the developer pay instead of the citizens of Centerville. He then referenced the grading plan and said it was not followed exactly and asked whether that was for Phase I or Phase IT. Mr. Peterson indicated it was still part of Phase IT. Mr. Noher indicated he would like to have more time for the Association to review the newly received information and to attempt to determine who made the decision to change the grading plan to leave the trees. Mr. Nohner indicated that Portage Way is part of Phase IT and said that it was ftrst said that the escrow funds were for both the single and twin homes. Mr. Nohner indicated he would like to survey residents of Phase I of Eagle Pass and Phase II to get thoughts on that area so he would like to have that remain as an open item. Council Member Broussard Vickers indicated that an option would be to remove the trees and grade the area but she would not look to replace those trees. Mr. Nohner agreed and said he understood that the City would not replace the trees if they were removed for grading. Council Member Broussard Vickers asked Staff to look into minutes for the history of how the grading and drainage plan was changed to leave the trees for the second phase of Ojibway from 2001 or 2002. Council Member Broussard Vickers asked for an idea of the costs for removing the trees and grading the area. Mr. Peterson indicated that he would provide that information. 4. Mr. Greg Kieselhorst Mr. Kieselhorst addressed Council and asked for approval of the permit for flfeworks. Motion bv Council Member Caura. seconded bv Council Member Paar to aDDrove the Dermit for the fireworks as requested. All in favor. Motion carried unanimouslv. Mr. Kieselhorst reminded residents to stay 350 feet back from the ftreworks. Council asked Staf'fto put that information on the web site. VI. PUBUC HEARINGS Page 4 of 10 I City of Centerville July 28, 2004 Council Meeting Minutes None. vn. NEW BUSINESS L Special Event, Temporary Noise Permit. Temporary 3.2 Malt Liquor Permit St. Sauver Wedding Reception at the Trio Inn Council Member Broussard Vickers indicated that she would like the City to be named as an additional insured on the insurance certificate. She then said that she is concerned with the noise permit because the City gets numerous complaints whenever there are special events. Mr. Joe Bibeau offered to drop off fliers to everyone within a two-block area and let them know what is going on. Council Member Broussard Vickers asked them to turn the band. Mr. Bibeau offered to change the orientation ofthe band to face the speakers toward the Trio. Mr. Bibeau indicated that they would like the liquor license from 4:00 to 10:00 p.m. Council Member Capra asked if this sets a precedent. City Attorney Hoeft indicated that it would not. He then asked why Council wished to be named as an additional insured for this license. Council Member Broussard Vickers indicated that it does not cost additional and she prefers the added protection for the City. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to annroye the Snecial Eyent. Temnorarv Noise Permit. Temnorarv 3.2 Malt Liouor Permit for the St. Sauver Weddin2 Recention at the Trio Inn as reauested. All in favor. Motion carried unanimously. 2. Ideas to Imorove CounciVStaffCommunication/Relations Council Member Capra indicated she had asked Ms. Moore-Sykes to look into bringing in someone for teambuilding and communications and asked for information for Council to discuss. Mayor Sweeney indicated that he does not want to spend a lot of money on this until Staffing is complete. Council Member Broussard Vickers indicated that she would like to hold off until the City is fully staffed. Page 5 oft 0 City of Centerville July 28, 2004 Council Meeting Mioules Council Member Capra indicated that she would like to have someone look into utilizing the services of Anoka County that are less costly. Council Member Broussard Vickers indicated she did not see the need to spend time or money on this when there are open positions. 3. Hiring Procedures Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to table this to the next meetin!!:. All in favor. Motion carried unanimously. 4. Dresel Contracting Letter Mr. Palzer indicated that Dresel Contracting should be moved out by the picnic date. Motion bv Council Member Caura. secouded bv Council Member Paar to aoorove the use of the City's Park and Ride for the St. Genevieve Picnic oarkin!!: Au!!:ust 15. 2004. AU in favor. Motion carried unanimously. 5. Project Closeout Form Motion bv Couucil Member Broussard Vickers. seconded bv Council Member Paar to table this to the uext meetin!!:. All in favor. Motion carried unanimously. Mr. Palzer indicated it would help to identify the public and private improvements separately. Mayor Sweeney reconunended a checklist for the whole project. 6. Insurance Reimbursement for Mr. Palzer Council Member Capra asked who provided the information given to Council at the meeting. She then asked the last date Mr. Palzer received the reimbursement. Mr. Palzer said 2002. City Attorney Hoeft indicated he did not know who generated the memo but it indicates that the last insurance was Jan 8, 2002 which means starting with January 2003 he was not reimbursed. City Attorney Hoeft indicated that Council has received information from their office regarding the options that Council has and the one question that was answered by the previous finance director and confirmed by Lepak is the treatment of the money as far as taxable income. He then confirmed that the reimbursement, if approved by Council, would be treated as taxable income. Page 6 of 10 City of Centerville July 28, 2004 Council Meeting Mioutes Mayor Sweeney commented that when the City changed the plan is when the payments stopped. He then said that with the new plan Mr. Palzer got more money than he was getting with the old plan. Council Member Broussard Vickers indicated she would like to verify that this date is when the City started the new plan and she needs to know that the date coincides with the new plan. Council Member Capra indicated she thought that Council approved it in June of 2002 but it did not go into effect until January of2003. Mayor Sweeney commented that when Council made that decision that would have negated this contract. Council Member Broussard Vickers indicated that Council had said that it all had to come into compliance because the prior way it was being done was out of compliance. She then said that the way it would have been done if it was nontaxable would have been another noncompliant situation. She further commented that it was her interpretation that whatever was going on was done and needed to be brought into compliance. Motion bv Council Member Broussard Vickers, seconded bv Council Member Caura to table. All in favor. Motion carried nnanimouslv. Council Member Capra asked Mr. Hoeft to ask Mr. Lepak if these dollars were included in part of the one report that Council had. 5. Sod Request Mayor Sweeney indicated that Todd and Heidi Harvey of 1751 Partridge Place have requested an extension of time to install sod. Motion bv Council Member Broussard Vickers, seconded bv Council Member Caura to auurove the requested extension for sod ulacement date bv 60 days as requested due to hardshio and the recommendation of uublic works. All iu favor. Motion carried unanimouslv. Council asked Mr. Palzer to follow up to make sure the new date is met. vm. 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. Page 7 oflO City of Centerville July 28, 2004 Council Meeting Minutes 2. Personnel Policy Discussed at work session. 3. Purchase Agreement. 1601 LaMotte Drive City Attorney Hoeft reviewed the purchase agreement for 1601 LaMotte Drive with Council and indicated that there are several items within the agreement that concerned him. He then said that there are significant deed restrictions including the requirement that the property be used for a public purpose which would be difficult, or impossible, to remove should Council wish to do so. City Attorney Hoeft indicated that the document allows for an easement right around the lake. He then said that he would look into whether that is necessary as he thought they were selling those easements back to adjacent property owners. City Attorney Hoeft indicated there is another easement over the public raw water conduit that is 30 feet wide centered on the raw water conduit. He then noted that it states there is a pipe from a well and that will be cut off and left abandoned. Mr. Palzer explained that there must be a pump to run water. Council Member Capra asked whether the City would be able to use part of the property for rainwater runoff for LaMotte. City Attorney Hoeft indicated he would clear up all these easement issues and, if they want to keep them, that is fine but then the price needs to reflect that and how that affects the City's use of the property. City Attorney Hoeft indicated that the document requires that the City undertake armexation proceedings for the portion of the lot that is in Lino Lakes and that is not necessary and will not happen. City Attorney Hoeft indicated that the document has date discrepancies for purchasing the property and closing deadlines that he will work out. City Attorney Hoeft indicated that throughout the document it indicates that the City would pay the attorney's fees if the seller has to enforce any of its rights but in Section 19.09 it states that the seller and buyer are to pay their own attorney's fees. He then said that can stay as it does not negatively impact the City. City Attorney Hoeft cautioned the City that, if all the easements are required the City may not be able to have a dock or gazebo as was the plan for the property. City Attorney Hoeft indicated that he was told that this is a working draft of the document and he expects to work with the seller on changes to the document. i i I I L.__ __ __.___ __ .__ __ .__ Page 8 of 10 City of Centervi1le July 28, 2004 Council Meeting Minutes Council asked Staff to work on the document and discuss the issues IX. ANNOUNCEMENTSIUPDATES I. 2004 Street Proiect Mr. Peterson provided an update on the 2004 street 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 will not allow the City onto Ground Development property so an alternate route is necessary. The Council discussed the matter with the City Engineer and City Attorney and the City Engineer recommended an alternate route that would cost approximately $10,000 more. Mr. Peterson recommended delaying the assessment to them until water is run down that street. Council Member Broussard Vickers indicated that she wants residents informed 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 still 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 Canra.. seconded bv Council Member Paar to annrove the alternative chan2e order as recommended bv the City Enl!ineer. Council Member Paar indicated that he wanted it to note precisely that these residents are to be assessed for 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: All in favor. Motion carried unanimouslv. Council Member Capra asked when the sod would be going down. Page 9 of 10 l______ _ _ _ _ _ _ _ City of Centervi1le July 28, 2004 Council Meeting Minutes Mr. Peterson indicated they would try to complete as much this fall as possible and the remainder would be completed in the spring. 2. 1540 Peltier Lake Drive City Attorney Hoeft indicated that a little progress is being made. 3. 1832 Hayfield Road Mr. Palzer reported that the grass has been mowed and Staff will continue to follow up. Council asked for clarification on the time allowed to comply. City Attorney Hoeft explained that there was some confusion as to which timeframe to follow because there were two types of violations so the Clerk used her discretion and allowed 30 days to comply. There was Council consensus that ordinances should be followed for timeframes. 4. Emergency Response Council Member Capra indicated that she and Mr. Patzer attended an emergency response meeting and the County will be coming to the City to explain what they are looking for. Council Member Capra indicated the Cable Commission approved its budget and is seeking approval from the cities. Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approve the budget based on the recommendation of the Cable Committee and the Operations Committee. All in favor. Motion carried unanimously. Council Member Capra indicated that Chief Bennett will be coming to Council to discuss his proposal to raise the fire budget by 4% Council Member Capra asked Mr. Palzer and Mr. Peterson to look into the issues with the intersection at Peltier Lake and Centerville Road. Council Member Capra asked Staff for an update on the Appletree Square Trail. City Attorney Hoeft indicated that the City has positioned itself to be in line for money in the Center Villa matter and should come up as a creditor if any money becomes available. 5. Eagle Pass Page 10 ofl 0 City of Centerville July 28, 2004 Couru:i1 Meeting Minutes This item was discussed earlier in the meeting. 6. Mr. Dave Kilian. 1695 Sorel Street This item was not discussed. Council recessed to executive session to discuss the complaint by the City Administrator of a hostile work environment at 8:40 p.m. X. ADJOURNMENT Motion by Council Member XX. seconded by Council Member XX to adiourn the Julv 14.2004 City Council Meetinl! at XX:XX B.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 11 ofl0 JQJ Bonestroo _ _ Rosene "'1\11 Ander/ik & ~ \I ~ Associates Engineers & Architects Bones-troe, Rosene, Anderlil< and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer ,md Employee Owned Principals: Otto G. Bonestroo. PE. . Marvin L Sorvala. P.E. . Gler1n R. Cook, PE. . Roben G. Schunicht. P.E. . Jerry A, Bourdon. PE. . Mark A. Hanson, PE. Senior Consultants: Rotlert W. Rosene. P.E. . Joseph C. Anderlik. P.E. . Rkhard E, Turner, P.E. . Susan M. Eberlin. c.PA. Associate Principals: Keith A Gordon, RE. . Robert /? Pfefferle, P.E. . Richard W. Foster. PE. . David O. los-kota. P.E. . Michael T. Rautmann. P.E. . Ted K. Field, PE. . Kenneth P. Andenorl. P.E. . Mark It Rolfs, p.E. . David A BonestraD. M.B.A. . Sidney P. Williamson. PE., LS. . Agnes M. Ring. M.Il.A. . Allan Rick Schmidt. PE. . Thomas W. Peterson, PE. . James R. Maland, P.E. . Miles R Jensen, PE. l. PhiJlip Gravellfl, RE. . Danie! J. Edgerton, RE. . !5m<1el Martinez, PE, . Thomas A. Syfko, P.i:. . Sheldon J. JOhnson. Dale A. Grove, RE. . Thomas A Roushar, P.E. . Robert J. Devery, P.E. OfficeS": Sr. Paul, St, Cloud. Rochester and WjJlmar, MN . Milwaukee. WI . Chicago, Il Websih:!: www.bonestroO.com August 5, 2004 Kim Moore-Sykes City of Centerville 1880 Main Street Centerville, MN 55038-9794 Re: 2004 Seal Coat Project File No. 616-04-137 Recommendation of Contract Award Bids were opened for the Project stated above on Thursday, August 5, 2004 at 11 :00 A.M.. Transmitted herewith are ten (10) copies of the Bid Tabulation for your infonnation and file. Copies will also be distributed to each Bidder. There were a total of two (2) Bids. The following summarizes the results of the Bids received: ~~-tf/. Low #2 The low Bidder on the Project was Allied Blacktop Company with a Base Bid of $67,183.50. These Bids have been reviewed and found to be in order. All of the above Contractors have proven they are capable of performing the work associated with this type of Project. If the City Council wishes to award the Project to the low Bidder, then Allied Blacktop Company should be awarded the Project on the Base Bid Amount of $67,183.50. Should you have any questions, please feel free to contact me at (651) 604-4868. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 7~wf~ J Thomas W. Peterson, P.E. Enclosures 2335 West Highway 36 . St. Paul. MN 55113' 651-636-4600 . Fax: 651-636-1311 '" c: 0;' g: '" ::;; () o ~ if ;!? n 0: g !!l z 0- ~ ~ 3 " ~ ~CJ OJ ::l is: ~ a ~cn (Q OJ CD ::::l -0 ~ ,~8-12.. :To ~ :::I. =IJJ"TI ~ ~J A-~!T!':<i~!T! ~ g:~~a?~-:::;j~o~ ~~@:2.ffiffi~g~ o -b~--CDW :::I~)>t.J.~G)O)!a c... en . U'I 01 .., (D CI) a:c:n~6Q=r~ C1l3oO'l(tI;:t:orr :a~~~~~-o zzQ ,"03 ~s:-g '" ~ <0 '< ~Q?~-~-:::i-:::Jb~;g :::Io..mR-~~~OlU CD tc-- ---C/)(il oa.rn~.J:o.6'Q)o :::I CD . -.J..... - -':::1 a.;:t "Ocpeps:;a III mNWZ'-oo ~<O'" g (J'I l:>J .... :T (fl Q:I ""d.:r::::I :.... "'(J)~ ~@o ~ ,J:o.w f'J...... -l o ~ ,... III ~ m III 6 --ls:r.nottl:::om S;=~o::jol;; """,...,,ccm r-)> -lS;-l z("} -mDJ ~oo 6)>6 (JJ "U ~ C Z .. m)>~ enO !:2cig ~~ OI;o -:l~ m m Gl ~ ~ ~ .m " " 0 )> ;0 N ffl )> ,... 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NOTICE OF VARIANCE HEARING Anoka County Licensing Ordinance for Food and Lodging Establishments A hearing will be held on the 17th day of August, 2004 conunencing at 8:15 AM in the office of the Anoka County Community Health and Environmental Services Department. This hearing is for the purpose of considering a request for varianoe from the provisions of Section 2.07 of the Anoka County Sewage Treatment Ordinance, Number 80-1, as amended relating to correction of failing system that is not an inuninent public health threat. Said request is by: , Craig Bode and Elizabeth Sheller Residence located at 7389 Old Mill Road in the City of Centerville. For further information contact the Community Health and Environmental Services Department at the Anoka County Government Center, 2100 Third Avenue, Room 360, Anoka, Minnesota 55303 (telephone: 763-422-7065). Fax # Mel11o. .' TO: Honorable Mayor and Council Members FROM: Teresa Bender, City Cler!V\ ~. SUBJECT: Wedding Reception at the Trio Inn (August 28, 2004) - There Was A Modification from Temporary/Event 3.2% Malt Liquor to a Temporary/Event "On Sale" Liquor License DATE: August 3, 2004 I discussed with Mrs. Judy Montain the difference between the two (2) licenses and she requested that it be modified from a Temporary/Event 3.2% Malt Liquor License to a Temporary/Event "On Sale" Liquor License. I have spoken with Mr. Al Erickson from the Alcohol and Gambling Enforcement Division of the State. Mr. Erickson states that the City can issue a Temporary/Event "On Sale" Liquor License to an establishment that currently holds an "On Sale" License if the area is fenced where the liquor will be sold. At Council's meeting ofJuly 28, 2004 you motioned to approve a Temporary Event 3.2% Malt Liquor License. Will Council please reconsider their motion and grant a Temporary/Event "On Sale" Liquor License instead for the event? ~ , " M" \ ,., . . .,. j\""/,,".e,~llf\; ." ,..,tI!Xu,.. \' TO: Honorable Mayor and Council Members .I9;}: Teresa Bender, City Clerk:' \ \ FROM: SUBJECT: Apple Tree Square Trailway (Background Information) DATE: August 6, 2004 Please find the attached information compiled from Council meeting minutes from 2000- 2003, address file and pertinent project file. Records indicate that there was no Developers Agreement for Apple Tree Square due to the fact that the property was not subdivided or rewned. I would like to request that Council provide me with additional time to complete a more thorough search regarding this item. Mr. PaIzer has been on vacation, and maybe he could also provide some input regarding this issue. Council may desireJo invite Mr. Drilling to appear before them at their next meeting to discuss the issue. , ~ CITY OF CENTERVILLE CITY COUNCIL MEETING JUNE 11, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on June 11, 2003, at City Hall, 1880 Main Street. PRESENT: STAFF: Mayor Terry Sweeney c9J Council Member Paar Council Member Lee 0 0 Council Member Capra . . None. D 0 City Administrator, Ms. Moore-~ /L A -:;::r,;-ee..- - Cttare.. City Attorney, Mr. Jim Hoeft C'?fl 'e.. "'""'J' City Engineer, Mr. Tom Petersm .2; J /Wi kVL ! . A. ABSENT: .-- L CALL TO ORDER Mayor Sweeney called the June 11, 2003 j(){)O r ,ZOO / IL SET AGENDA Council Member Capra requested that Ll under New Business. Motion bv Council Member Broussarl ~6t<ln &6,-- to auurove the a2enda as amended. AI '1.,4, ..1'$ ~ i. ~ APPROVAL OF COUNCIL MINUTE .bnd ~ ~-w' YloUS rr . tia.:fi Ided 'aar r-- IlL 1. April 9. 2003 Executive Session ~ 2. Mav 28. 2003 Work Session Mee 3. Mav 28. 2003 Council Meeting:M Mayor Sweeney requested the followinJ 28, 2003: On Page 2 of 9 under Consent i-o---- u_uw~. ~ .~mvY~ 5=HVHll5 WHU~. On Page 6 of 9 remove 18tb On Page 8 of 9, third paragraph from bottom change "as" to "a". i L- . Centerville City Council lune 11,2003 Meeting Minutes Council Member Lee indicated that the Committee had recommended appointment of Mr. Richard Anderson and Ms. Julie Lindsay to the Parks and Recreation Committee. Motion by Council Member Caora. seconded by Council Member Broussard Vickers to aoooint Mr. Richard Anderson and Ms. Julie Lindsay to the Parks and Recreation Committee. All in favor. Motion carried unanimouslY. Council Member Lee indicated that Mr. Walter has not attended at least three meetings in a row and Mr. LeBlanc is contacting him to see ifhe wants to continue to serve. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to remove Mr. Walter from the Parks and Recreation Committee based on the by- laws ofthe Committee. All in favor. Motion carried unanimouslY. Council Member Capra asked Staff to verify that Mr. Walter has missed the three meetings and send him a letter indicating that he has been removed. Council Member Lee indicated that Karla DeVine resigned as chair after serving on the Parks and Recreation Committee for at least five years and the Committee would like to recognize her by giving her a plaque. Motion by Council Member Caora. seconded by Council Member Lee to aDorove the recommendation of the Parks and Recreation Committee to ourchase a olaGue in an amount not to exceed $50. Council Member Broussard Vickers indicated that she would personally prefer a gift certificate rather than a plaque. VOTE: Ayes - 3. Nays - 2 lSweenevlBroussard Vickers). Motion carried. 3. L10vd Drilling Uptown Center Council Member Capra indicated that a resident had mentioned to her that the landscaping at the Uptown Center looked bad and she had asked Staff to pull the developer's agreement to determine whether things were done as they were supposed to be. Ms. Moore-Sykes indicated that the landscaping plan requires that the area be sodded or seeded by June I, 2002 and that was done. She then indicated that Mr. Drilling had someone lined up to mow the area yesterday but it was too wet so he will attempt to mow either this afternoon or tomorrow. Council Member Capra indicated the comments she received are that the area does not look good, there is no grass - just weeds and this person would like to know if there is anything the City can do. Page 8 of 12 r Centerville City Council June 11, 2003 Meeting Minutes Ms. Moore-Sykes asked to have the complaint officially submitted to the City. VIII. OLD BUSINESS 1. Mr. Carl BuecWer Mound Trail Reconstruction Mr. Carl Buechler indicated that he has an issue with what has been billed to him not with paying half He then handed out information to Council for consideration. City Attorney Hoeft indicated that the matter could not be discussed because it is active litigation. Mr. BuecWer indicated he was open to haIf of it but some of the stuff is not his bills. He then indicated he would write a check tonight if an agreement could be reached. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to acceot the recommendation of the City Attornev for a settlement of the Buechler liti2ation in the amount of $1.200. Mr. BuecWer indicated he has copies of bills from the County for the sewer line going in and if he can back out the stuff that does not make any sense he is willing to pay the bill that he owes. VOTE: All in favor. Motion carried unanimouslv. City Attorney Hoeft indicated that a motion was passed by Council and if Mr. Buechler wants to pay the $1,200 to settle the litigation then he can move forward with the reconstruction of the road beyond Mound Trail to his development. He then indicated that Mr. Larson should present a proposal to the City for paving the rest of the street down through the cul-de-sac. He further commented that Mr. Buechler could proceed with the reconstruction contiguous to his development as soon as the $1,200 is paid. Council Member Broussard Vickers asked how soon Mr. Larson would be available. Mr. BuecWer indicated that that Mr. Larson is available the first week of July. Council Member Capra indicated that Council is interested in paving the rest of the road but would like to see the numbers. 2. AdministrativelPublic Works - Office Cleaning Proposals Council Member Paar asked whether the comparisons were comparable. Motion bv Council Member Caora. seconded bv Council Member Lee to aoorove the service contract with Coveralls for $200 oer month to clean City Hall and the Public Works Buildin2. All in favor. Motion carried unanimouslv. Page 9 of 12 .,/ /"// ;// / City of Centerville City Council Meeting Minutes April 24, 2002 _ 2. - ~ r Senator Michele Bachmann Senator Bachmann addressed Council and explained that Centerville had been moved into her district with the recent shifting of district lines. She then invited Council and any residents to contact her at any time with any issues they may have. 3. Mr. Llovd Drilling Mr. Drilling addressed Council and indicated he may need to lower the berm by one foot to aid in drainage. Mr. Peterson asked if Mr. Drilling would be able to get the lot to drain in the east west direction. Mr. Drilling indicated he was going to try to do so by constructing a swale that would help the water flow toward the catch basin. He also indicated he had been discussing the matter with the neighbor and may have to fill in the neighbor's yard a bit to get the water to flow to the catch basin. Council Member Capra asked whether Council approval was needed for a change in the plans. City Attorney Hoeft indicated that Council did not need to provide approval as Mr. Drilling is working with City Staff on the matter. Council Member Capra asked how Mr. Drilling intended to accommodate the water from Mr. Engler's yard due to the flat elevation. Mr. Drilling indicated the original plan had his water flowing west. He then said he would take care of Mr. Engler's water problem. Council Member Capra asked if fixing Mr. Engler's yard would affect drainage on the yard north of him. Mr. Drilling indicated the swale would be designed to flow west to the catch basin. Mr. Jerry Engler of 7127 Shad Avenue indicated he had been discussing the matter with Mr. Drilling and said that Mr. Drilling was to inform him when this matter was on Council's agenda. He then explained that other residents in the area do not want the grade of the berm lowered because the intent of the berm with a fence on it was to screen the view of the building from the neighborhood. He further said he would like to see a ditch behind the building to push the water to the catch basin. Mr. Engler indicated he needed the comer stake put back in because he does not know where his property line is without it. He then said he wants to make sure that his yard is returned to its previous state. He further commented he felt Mr. Drilling was trying to pull a fast one by not telling him about the meeting. Mr. Peterson commented that the property is very flat and trying to get a decent grade with a ditch behind it to get the water to flow to the catch basin may be difficult. Page 2 of 11 . . r /' / / // City of Centerville City Council Meeting Minnte, April 24, 2002 Council Member Capra suggested Mr. Engler, Mr. Drilling and City Engineer Peterson meet to discuss the drainage issue. All parties agreed to sit down and work out the drainage issues. . Mr. Engler asked Council to look into the light at the video store because it is too bright and shines in his bedroom window. He said he would like to have it turned off. Ms. Moore-Sykes indicated she and Mr. Palzer would look into the matter. Mr. Drilling said he was not trying to pull a fast one but wanted to run this proposal past Council and Eagle Trucking before presenting it as an option to Mr. Engler. He then said he could leave the berm there and is not planning on removing the fence but may need to lower the grade some to achieve the proper drainage. 4. Emmons & Olivier Resources/Rice Creek Watershed District Ms. Moore-Sykes indicated that Emmons & Olivier would not be able to attend the meeting and had asked to be able to address Council during a work session. Council agreed to invite Enunons & Olivier to the upcoming joint work session with the Planning and Zoning Commission. 5. Mr. Dean Havel. Bald Eagle Water-Ski Club . Mayor Swedberg asked if it were necessary for Mr. Havel to appear before Council every year for the permit. Mr. Havel indicated that the Sheriffs Department wants him to appear before Council every year in the event there may be some complaints about the ski jump. Motion bv Mavor Swedberl!:. seconded bv Council Member Capra to approve the permit for Bald Eagle Water-Ski Club for a water-ski jump as reQuested. All in favor. Motion carried. 6. Ms. Amv Countryman Ms. Cindy Borr addressed Council and provided information on the upcoming American Cancer Society - Centennial Area Relay. She then told a heartwarming story about "pennies from heaven" and handed out a penny to each Council Member and those in the audience. Council asked that the information concerning the American Cancer Society - Centennial Area Relay be placed on the cable channel. 7. CentervilIe Lions ($1.913 - Proceeds Fete des Lacs Raffle) . Page 3 of 11 City of Centerville City Council Meeting Minutes April 24, 2002 Motion bv Council Member Nelson. seconded bv Council Member Caora to direct Staff to amend Ordinance #51 to include the 10% requirement. set UP the public hearinl!. chanl!e the 50% to 40%. and remove Forest Lake and White Bear Township from the trade area. All in favor. Motion carried unanimouslv. 2. Eagle Pass 2nd Addition DevelolJer's Agreement (Gor-em) Ms. Moore-Sykes provided copies of the developer's agreement with her suggested changes. City Attorney Hoeft agreed with the changes proposed by Ms. Moore-Sykes and recommended approval. Motion by Council Member Nelson. seconded by Council Member Capra to approve the Developer's Agreement for Eagle Pass 2nd Addition. All in favor. Motion carried unanimously. Council Member Broussard Vickers reminded Council there was an issue with street lights in the previous development and asked whether there were enough lights in this development. Mr. Quigley indicated Xcel Energy had recommended two lights but he increased the lights to three in an attempt to eliminate a lighting issue. 3. Resolution #02-013 Accepting Bid - Penn Contracting (Lift Station # I ) Motion by Council Member Capra. seconded by Council Member Nelson to approve Resolution #02-013. a Resolution acceptinl! the bid from Penn Contractinl! for Lift Station #1. All in favor. Motion carried unanimously. VIII. NEW BUSINESS J!:. 1. .. t Mr. Lloyd Drilling (Uptown Center - Revised Grading Plan) Mr. Drilling indicated he would meet with Mr. Engler and Mr. Peterson on the grading issue. City Attorney Hoeft clarified that Mr. Drilling's only obligation is to make sure that the drainage from his property does not add water to Mr. Engler's drainage problem. 2.' Mr. Dean Havel. Bald Eagle Water-Ski Club This item was handled earlier in the meeting. Page 8 of11 City of Centerville Council Meeting Minutes May 22,2002 Council Member Broussard Vickers indicated she liked the proposal but would like the approval of minutes and consent agenda moved to the back of the meeting and public hearings, appearances and Council business items moved forward. Mayor Swedberg asked that FYI items not be placed on the dais on the day of the meeting because it confuses Council as to what is FYI and what needs to be reviewed for the meeting. Ms. Moore-Sykes indicated that FYI items would be placed in a folder marked FYI for Council review. 4. Construction Update (Lloyd DrilIin!! & CenterVilla) Jerry Engler of 7127 Shad Avenue indicated there was a meeting to discuss the drainage issues and then, without telling him, excavation started and he has no idea what the plan is. He further said that the only thing agreed to was that something needed to be done. City Engineer Peterson indicated he was out at the property and the swale was discussed. He then explained a swale was created at the back of both properties to get the water out of Mr. Engler's backyard. ( Mr. Engler commented that his yard looks temble and he wants Council to come take a look. Council Member Capra indicated there is still work to be done such as sodding and tree planting. Mr. Engler indicated he had called and asked for a retaining wall and Mr. Drilling told him no it was not his problem. Council Member Broussard Vickers asked what Mr. Engler wanted the City and Mr. Drilling to do. Mr. Engler said he wanted his land brought up to level. Council Member Broussard Vickers asked why that is something that should be a City responsibility as it has been that way for years. Mr. Peterson indicated :final restoration work would need to be completed but said the yard does drain to the catch basin. Council Member Broussard Vickers commented that draining water off of the property solves the problem. Mayor Swedberg commented that Mr. Engler had asked that the berm be maintained and it has and that the water be drained and the City Engineer has found a way to drain it. Page 12 of1S City of Centerville Council Meeting Minntes May 22, 2002 Council Member Broussard Vickers indicated the project was not finished and asked Mr. Engler to reserve judgment until the restoration has been completed. Ms. Moore-Sykes indicated the deadline for the work to be completed is June I, 2002. Mr. Pa1zer indicated the drainage swale looks like it is functional and noted the area will need to be either sodded or seeded. Mayor Swedberg asked Mr. Pa1zer to work with the developer to make sure Mr. Engler's yard is returned to its proper condition. Council Member Broussard Vickers indicated that if the yard is not done by when it is supposed to be done the City will step in and have the work done at Mr. Drilling's expense. She then said that, ifnot done by June 1, 2002 not to expect it done by June 2, 2002 but noted the City would begin the process to have the work done as soon as possible. Mr. Pa1zer indicated there are a number of items to be completed at CenterVilla and there is a June I, 2002 deadline. He then said that he is not sure the letter of credit is enough to make sure the work is done. ( Ms. Moore-Sykes indicated the :finance people are looking at it to see what funds are available to perform that work. Mr. Pa1zer indicated that he had received a request for permission to have a block party on Hayfield. Motion bv Council Member Broussard Vickers. seconded by Couucil Member Canra to annrove the request for a block narty on Havfield subiect to notice and fire denartment annrovaIs. All in favor. Motion carried unanimously. Mr. Drilling arrived at the meeting and asked why he was not informed he needed to be at the meeting ifhe was on the agenda. Council indicated he was on the agenda for a construction update and Mr. Engler arrived to discuss the matter. Council Member Broussard Vickers indicated that Mr. Drilling needed to sod or seed Mr. Engler's yard by June 1, 2002. Mr. Drilling said he has been dealing in good faith with the Engineer, the City and Mr. Engler and he is. still being accused of pulling a fast one. He then said that no one is pulling any fast one. He further said that he has been told by the neighbors that Mr. Engler's ground has been 5 inches below the catch basin for years and has held water. Mr. Drilling indicated that he has agreed to raise the ground at no charge to Mr. Engler so that his back yard will drain to the catch basin. Page 13 of15 City ofCenterville Council Meeting Minutes June 12,2002 ( Council Member Broussard Vickers questioned whether it would be necessary for insurance purposes to have employees bonded that have access to the City's finances. Ms. Moore-Sykes indicated she would look into the matter and report back to Council. Motion by Council Member Nelson. seconded by Council Member BrousSllrd Vickers to 1I>>>>rove consent lIl!enda Item 4 as >>resented. Mayor Swedberg asked if this motion would be setting up a cash policy of 50%. Ms. Moore-Sykes said no. Vote: All in fllvor. Motion carried unanimously. vn. APPROVAL OF COUNCIL MINUTES 1. May 22. 2002 Council Meeting Minutes Council Member Broussard Vickers requested the following change: On Page 3 change the word Larson to Developer. c. Motion by Council Member Broussard Vickers. seconded bv Council Member Nelson to 1I>>>>rove the City Council Minutes of Mav 22. 2002 liS amended. All in favor. Motion clIrried unanimously. VIII. ANNOUNCEMENTSIUPDATES 1. Pheasant Marsh 2nd Addition.. The Shores. CenterVilla. Eagle Pass 2nd Addition.. Uptown Center (Lloyd Drilling) (Mr. Tom Peterson) Lloyd Drilling appeared before Council and indicated he had fuxed a letter to Ms. Moore- Sykes on May 23,2002 containing a recap of the issues with his development. He then indicated that most things would be done by June 20, 2002 barring any weather related delays. He further indicated be had not had any negative input from Mr. Engler concerning his property. He also noted that the drainage appears to be working since there was a heavy rain on Monday night and no standing water in Mr. Engler's backyard. Council Member Broussard Vickers asked how much of the Engler property was affected. ( Mr. Drilling indicated he would be glad to sod the area if that is what Mr. Engler wants but said he felt it would be more maintenance for him than seeding would be. . He then clarified that if the small area where a load of dirt was used to raise the area two inches to get the water to flow he would sod that area. Page 18 of23 " City ofCenterville Council Meeting Mmutes June 12. 2002 ( I, Council Member Broussard Vickers asked :Mr. Drilling to contact :Mr. Engler about the sod. Council Member Broussard Vickers commented that there was originally to be a berm on the east side with trees. :Mr. Drilling indicated he bad put trees in and raised the grade up two or three feet. He also indicated a fence would be installed on the berm. He then indicated he bad also added a small section of fence running north and south that was not called fur in the plans. Council Member Nelson thanked :Mr. Drilling for working so hard at cooperating with :Mr. Engler. Council Member Nelson asked for an update on the personnel policy. Ms. Moore-Sykes indicated she was making progress on the personnel policy until her computer crashed on May 23, 2002. She then indicated she had kept a backup on disk and would be able to resume working on it once she bad her new computer. ( Ms. Moore-Sykes indicated that Comer Express had asked for an extension to June 30, 2002 until their permanent sign is installed. Ms. Moore-Sykes indicated the Trio Inn sign was gone. Ms. Moore-Sykes indicated that Performance Auto has said they are not sure what they will do and are not sure why they have to remove the sign. Council Member Nelson asked when the City could move it if the business owner did not. Ms. Moore-Sykes indicated it could be moved by the end of the week. 2. AT&T Broadband (Mary Capra) Council Member Capra reported that the Cable Connnission is close to reaching an agreement on the franchise agreement and noted the contract should be voted -on at the June 19,2002 meeting. Council Member Capra indicated there is money in an account through the Cable Commission to purchase new microphones for Council Chambers. r \ Council Member Capra indicated that the Cable Connnission is looking at building or purchasing a building because there will be PEG fees available and it is.a good time to do so. Page 19 of23 City of Centerville Council Meeting Minutes June 26, 2002 Ms. Moore-Sykes indicated the City had given up the thought of purchasing the property and noted that she had not had a chance to review minutes. She then said that Mr. Drilling is interested in purchasing the property and developing it with Mr. Sheehy retaining 5 acres. Mayor Swedberg commented that there was a large amount oftax owed on the property. Council Member Travis indicated there is a big assessment owed. Mr. Palzer indicated there is a flood plain assessment. Mayor Swedberg asked if the assessments would have to be paid when the property is sold. City Attorney Hoeft indicated the County would not accept the lot split until the assessments are paid in full. Council Member Nelson asked if the temporary sign at Performance Auto was still there. Ms. Moore-Sykes indicated it was gone. Council Member Nelson asked for input on the trail at Appie Tree Square. ( Ms. Moore-Sykes indicated they are still working on it. '* Council Member Nelson indicated she was not talking about the new part but the other side that was to be fixed. Ms. Moore-Sykes indicated the fence on the Shad Avenue side was nearly completed and there has been a lot of work going on. Mayor Swedberg indicated that it has been too wet for trail work. Council Member Nelson indicated that there was an article in the Quad concerning using credit cards or special payments for bills to be paid to the City and the article had profiled Circle Pines and indicated that they are cutting costs by using automatic bank withdrawals. She then suggested that Staff contact the City Administrator in Circle Pines to obtain information on the procedure and determine costs. Ms. Moore-Sykes indicated that the Clerk had called around to other cites and Circle Pines is the only city in the area that is doing electronic payments. Council Member Nelson asked for an update on that information at the next meeting. Council Member Travis commented that Circle Pines would be handling a lot more money. Page 20 of22 It It I. IX. . City of Centerville July 24, 2002 Council Meeting Minutes Council Member Nelson asked for an update on the feasibility report for 21st Avenue. She also asked whether Staff had informed Lino Lakes that the City intended to follow its timeline. Mr. Peterson indicated he had not received anything yet. Ms. Moore-Sykes indicated she had iriformed Lino Lakes that the City intended to follow its timeline. * Council Member Nelson asked if Staff had talked to Lloyd Drilling to make sure he fixes the trail on the other side as promised. Ms. Moore-Sykes indicated he had been doing a lot of work on the new development until it rained. }if Council Member Nelson asked Staff to remind him about the trail on the other side. Council Member Capra asked why there is no sod on either one of those properties. Council Member Travis indicated there is no irrigation to maintain it. Council Member Capra indicated the strip along Peterson Trail was just weeds. Ms. Moore-Sykes indicated it was seeded to keep erosion down. Council Member Nelson asked for an update as to when the web site would be done. Ms. Moore-Sykes indicated that she sees work being done on it but there is no timeframe. Ms. Moore-Sykes indicated that a letter was sent to the Lions Branch Club concerning proceeds as requested. ADJOURNMENT Motion by Conncil Member Capra, seconded by Council Member Nelson to adiourn the July 24, 2002 City Council Meetinl! at 8:37 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 22 of22 . t) . .* 945)2. (Ie, )r/tj.. c...,:.i' ~ /*' ,..,'1i..-trl...{..<......;) Mayor Swedberg directed Staff to schedule the public hearing for the ordinance. 4. Pending Issues Ms. Moore-Sykes indicated pending issues is a place on the agenda for Council to ask for updates on ongoing matters. Council Member Nelson asked for the status of the Sensus water meter training. Ms. Moore-Sykes indicated there was a problem with running the software on the computers the City has and training was not scheduled because the software needs to be up and running so it can be used when Staff returns from training. She then indicated that Staff took an old computer to Comp USA and had it revamped for $300 so that it would run the Sensus software. Council Member Nelson asked Staff to contact Mr. Drilling concerning the trail on the west side of Appletree Square. Council Member Nelson indicated the web site looks better all the time but noted she was unable to download the minutes. Staff indicated that all minutes and agendas for Park and Recreation and EDC are up and running but Staff has been attempting to meet a deadline of October 11, 2002 with all the other items so Council Minutes are not yet available. Ms. Moore-Sykes indicated that Staff is looking to have something for Council consideration at the meeting on October 9, 2002. Council Member Nelson indicated she would like the City to write a letter to Lino Lakes expressing support for the Eagle Brook Church project and suggesting alternatives for the traffic problem. Mayor Swedberg indicated Council had discussed alternatives in conjunction with the aligmnent of County Road 14. He then said that the Eagle Brook Church project is in the early planning stages and asked Ms. Moore-Sykes to contact Lino Lakes to be included in the mailing list for information on Eagle Brook Church. Mayor Swedberg said he does not want to take a position on this when it is a long way off and another Council will have to make the decision in the future. Ms. Moore-Sykes indicated an environmental worksheet in being conducted for the Church. Council Member Nelson indiCated she has had a number of calls asking where the City of Centerville stands on the matter and she has been telling them the Church is hot in Centerville's jwisdiction but the City is concerned about the traffic. Page 14 of15 - -~--~--"-' ---~---~--------~~.._- ~.... . _,. _ ...,.c',-, .,_~~_." .___,~ . . I . ~ I I Jim March om: nt: To: Cc: Subject: Peterson, Tom W [tpeterson@bonestroo.com] Thursday, January 11, 2001 12:09 PM 'sfussel/@metrols.com' 'jmarch@centervillemn.com' Centerville- Lloyd Qrilling Project Some comments on the Site Plan at the ~.t"}:I2""l"al:L:... * The sewer service connection by Main Street is about 19' deep. The contractor will need to use bracing to protect the street. Also, the main line pipe is 15" Rep. * The new water service should be PVC pipe, not DIP. Also, you are connecting to a 12" PVC, not an 8". * There are two old house services to this site, where the homes used to be. These lines (assume copper water and 4" PVC) should be bulkheaded at the main line pipe. * The ditch along Main Street on the west side will need to be realigned slightly to the south, to make room for the new bituminous trail. Therefore, the flared end section should be relocated south about 5 feet. * The new catch basin at the southwest corner should outlet into the ditch, directly south of the CE. This will provide some treatment of the water from the strip mall parking lot. * An 8' wide trail should be located along the south side of the parking lot, from Peterson Trail to Shad Avenue. * Proposed earthen berms along the north property lines will cause some problems with drainage. Water is generally flowing from north to ~outh, so you will need to provide culverts, swales, catch basins, etc. to ck up runoff. When these comments and others are incorporated in the new plans (site, landscape, grading), please send me copies for review. Thanks. 1 tervi[{e 'EstaG[isfiet[ 1857 .1880 Main Street .. Centervi[u,!M'l'{ 55038 (651) 429-3232 .. ;FaJ( (651) 429-8629 May 13, 2002 Mr. Lloyd Drilling 7185 Mound Trail Cent~e,11N55038 RE: Office/Retail Center Shad Avenue & Main Street Dear Mr. Drilling: I am writing tills letter as a reminder of the private improvements that remain to be completed by June 1,2002 as required by your Developer's Agreement. The improvements that still need to be completed include the followirig: 470 feet ofa 6' decorative fence Landscaping as proposed in the submitted and approved site plan 325 feet of 8' wide bituminous trail Repair of sod/seed in the common areas as result of installing the about improvements. You have also agreed to work with City Staff and your neighbors to regrade the areas behind this building in order to alleviate water running into your building and also to prevent flooding of neighboring properties.. Included with this letter, is a copy of the minutes from the Apri124, 2002 Council meeting regarding the discussions of this issue. Please provide an update to the City Building Official as to when these listed items might be completed. If you have any questions, please feel free to call the Building Official or me_ SinCerelYJA ~/~. ~) ~.- I c-. lli1..1oore-Sykes City Administrator / ~/ I I ./ City of Conterville City Council Meeting Minutes April 24, 2002 Senator Michele Bachmann \." 2. Senator Bachmann addressed Council and explained that Centerville had been moved into her district with the recent shifting of district lines. She then invited Council and any residents to contact her at any time with any issues they may have. 3. Mr. Llovd Drilling Mr. Drilling addressed Council and indicated he may need to lower the berm by one foot to aid in drainage. Mr. Peterson asked if Mr. Drilling would be able to get the lot to drain in the east west direction. Mr. Drilling indicated he was going to try t6 do so by constructing a swale that would help the water flow toward the catch basin. He also indicated he had been discussing the matter with the neighbor and may have to fill iri the neighbor's yard a bit to get the water to flow to the catch basin. Council Member Capra asked whether Council approval was needed for a change in the plans. City Attorney Hoeft indicated that Council did not need to provide approval as Mr. Drilling is working with City Staff on the matter. Council Member Capra asked how Mr. Drilling intended to accommodate the water from Mr. Engler's yard due to the flat elevation. Mr. Drilling indicated the original plan had \t' his water flowing west. He then said he would take care of Mr. Engler's water problem. Council Member Capra asked if fixing Mr. Engler's yard would affect drainage on the yard north of him. Mr. Drilling indicated the swale would be designed to flow west to the catch basin. Mr. Jerry Engler of7127 Shad Avenue indicated he had been discussing the matter with Mr. Drilling and said that Mr. Drilling was to inform him when this matter was on Council's agenda. He then explained that other residents in the area do not want the grade of the berm lowered because the intent ofthe berm with a fence on it was to screen the view of the building from the neighborhood. He further said he would like to see a ditch behind the building to push the water to the catch basin. Mr. Engler indicated he needed the comer stake put back in because he does not know where his property line is without it. He then said he wants to make sure that his yard is returned to its previous state. He further commented he felt Mr. Drilling was trying to pull a fast one by not tellmg him about the meeting. Mr. Peterson commented that the property is very flat and trying to get a decent grade with a ditch behind it to get the water to flow to the catch basin may be difficult. \ Page 2 ofll / /' City of Centerville City Council Meeting Minutes Apri124,2002 Council ~ember Capra .sugge~ted Mr. Engler~ Mr. Drilling and City Engineer Peterson meet to dIscuss the dramage Issue. All partIes agreed to sit down and work out the drainage issues. // / Mr. Engler asked Council to look into the light at the video store because it is too bright and shines in his bedroom window. He said he would like to have it turned off. Ms. Moore-Sykes indicated she and Mr. Palzer would look into the matter. Mr. Drilling said he was not trying to pull a fast one but wanted to run this proposal past Council and Eagle Trucking before presentiug it as an option to Mr. Engler. He then said he could leave the berm there and is not planning on removing the fence but may need to lower the grade some to achieve the proper drainage. 4. Emmons & Olivier ResourceslRice Creek Watershed District Ms. Moore-Sykes indicated that Emmons & Olivier would not be able to attend the meeting and had asked to be able to address Council during a work session. Council agreed to invite Emmons & Olivier to the upcoming joint work session with the Planning and Zoning Commission. . 5. Mr. Dean Havel, Bald Eagle Water-SId Club Mayor Swedberg asked if it were necessary for Mr. Havel to appear before Council every year for the permit. Mr. Havel indicated that the Sheriffs Department wants him to appear before Council every year in the event there may be some complaints about the sid jump. Motion bv Mavor Swedberg, seconded bv Council Member Capra to a\lprove the permit for Bald Eagle Water-Ski Club for a water-ski ium\l as requested. All in favor. Motion carried. 6. Ms. Amv Countryman Ms. Cindy Barr addressed Council and provided information on the upcoming American Cancer Society - Centennial Area Relay. She then told a heartwarming story about "pennies from heaven" and handed out a penny to each Council Member and those in the audience. Council asked that the information concerning the American Cancer Society - Centennial Area Relay be placed on the cable channel. .. "- 7. Centerville Lions ($1.913 - Proceeds Fete des Lacs Raffle) Page 3 of11 / , City of Centerville November 14,2001 Council Meeting Minutes Council Member Travis commented that there are more private roads in Centerville and questioned whether the City would have to take over all private roads. Council Member Broussard Vickers indicated the City had not received a petition from any other residents asking the City to take over a private street other than the one for Ojibway Drive. Council Member Capra questioned whether there was another defmition that could be used other than "street" to allow the City to take over the road but not require widening such as a trailway. City Engineer Peterson indicated a trailway would need to be marked as such and cars are not allowed on trails. VOTE: Ayes - 4, Nays - 1 (Broussard Vickers). Motion carried. 2. Mr. Llovd Drilling, Uptown Center (Comprehensive Sign Plan) Mr. Eric Bowman of 7130 Shad Avenue indicated he had noticed that sod or seed was being put down at the strip mall without a berm or fence. He indicated he had spoken to the person doing the sodding and seeding and this person was not aware there was to be a berm and fence. He also indicated that he had heard, through the grapevine, that Mr. Drilling does not want to put in the sidewalk as required. t Council Member Broussard Vickers indicated that Mr. Drilling had agreed to provide a berm and a fence. She then indicated that there is to be a trail on both sides. Ms. Moore-Sykes indicated that Mr. Drilling has until June of 2002 to complete the trail, fence and berm. Mr. Bowman indicated his wife had called City Hall and was told that no one would be allowed to move into the building until everything is done. He then asked if that was correct information. Mr. Palzer indicated that businesses would be allowed to move in prior to the completion of the sod, fence, and berm. Mr. Palzer then indicated that the developer's agreement requires that the sod, fence and berm be completed by June of 2002. Council Member Travis indicated that the City has a letter of credit on Mr. Drilling that would be used to pay for the City to have those items done if they are not completed. Mr. Jerry Engler of 7127 Shad Avenue provided pictures of his flooded backyard to Council for review. He then indicated that water was pumped out two or three and said that unless the grade is corrected the same thing will happen in the spring. , City Engineer Peterson indicated that there is no pond on site and the site is supposed to be graded such that the storm sewer will catch that water. Page 11 of 25 / ./ / 1/. . .; City of Centerville November 14, 2001 Council Meeting Minutes Mayor Swedberg asked City Engineer Peterson to review the matter to make sure the property is graded correctly to eliminate Mr. Engler's water problem. . Mr. Engler indicated that if his backyard fills up everyone to the north of his property will have the same problem because the water drains from north to south. City Engineer Peterson indicated that the final grade had not been done at the property. Council Member Capra asked if Mr. Palzer had reviewed the new strip mall. Mr. Palzer indicated that Mr. Drilling had not called for a final inspection so the property has not been reviewed. Mayor Swedberg thanked the residents for bringing the matter to the City's attention and indicated that the City would make sure things are done according to the agreement. Ms. Moore-Sykes indicated that the Planning and Zoning Commission had determined that Mr. Drilling did not need to provide a comprehensive sign plan to Council for approval as the change had taken place after the site plan was approved. 3. Ad Hoc Communications Committee Theresa Brenner and the other members of the Committee reviewed with Council its . report on recommendations. . V. CONSIDERATION OF MINUTES 1. October 24.2001 Council Meeting Minutes Council Member Broussard Vickers requested the following changes: On Page 18 indicate the decision was left up to the City Administrator. On Page 17, indicate she did not think the City would find someone to buy the house. Council Member Capra questioned whether Mr. Carpenter was informed by the underwriter of his mortgage or by City Staff that his property was nonconforming. Ms. Moore-Sykes indicated that the underwriter had informed him that his property was non-conforming and then he came to City Hall to look into the matter and City Staff had told him as well. Council Member Capra requested the following changes: On Page 7, change "him" to "his." On Page 8, change "hard" to "had". On Page 11 specify who made the motions. Motion bv Council Member Council Member Nelson. seconded bv Council Member Council Member Caora to aoorove the October 24. 2001 Council Minutes as amended. All in favor. Motion carried unanimously. . Page 12 of25 1), City of Centerville October 10, 2001 Council Meeting Minutes Council Member Broussard Vickers asked if Council needed to make a motion to reimburse the amount. City Attomey Hoeft indicated he was not sure what the amount would be. Council Member Nelson indicated she felt that $7,500 is a good. amount. Council Member Capra asked if it is more than that. Council recessed to change the tape at 8:28 p.m. Council reconvened at 8:30 p.m. Motion bv Council Member Nelson. seconded bv Council Member Broussard Vickers to reimburse Mr. Cook the amount of $7.386.44 as a reimbursement for medical insurance premiums. All in favor. Motion carried unanimouslv. Council Member Nelson questioned whether Mr. DeVine was resigning from the Fete des Lacs Committee or as Chair, and if a motion to accept the resignation needed to be made. Mr. DeVine indicated it was a resignation as Chair of the Committee. He then commented that there really is no discussion as there is no Committee because there are' no bylaws for the Committee. He then asked if there were bylaws for the Committee. Council Member Capra indicated that Fete des Lacs was authorized as a Committee and the members are paid as a Committee. 9. Lloyd Drilling Developer's Agreement Ms. Bender indicated that Mr. Drilling had signed the Developer's Agreement. 10. R & R Leasing - Special Assessment Split Request Ms. Bender indicated that she had not received any further information on the matter. vm. NEW BUSINESS 1. Resolution 01-019 - Awarding the' Issuance of Bonds for the Pheasant Marsh Sub-Division (Phase I) This matter was acted upon earlier in the meeting. Page 14 of26 IV. PUBLIC HEARING (8) . 1. Lloyd Drilling - Site Plan Mayor Swedberg opened the public hearing at 6:08 p.m. Mr. Drilling gave a brief overview of the submitted site plan for the proposed strip mall located at 1873 Main Street. Council Member Nelson questioned whether the pile of dirt currently located on the site would be used for the berm. Mr. Drilling stated that a portion of the dirt may be used for the berm. Council Member Nelson questioned whether the fence would be located on top of the berm. Mr. Drilling concurred. Council Member Nelson questioned whether the trail location met with the approval of the Rice Creek Watershed District. Mr. Drilling stated that the proposed project does not require Rice Creek Watershed District approval. Council Member Nelson questioned whether Mr. Drilling had spoken with the Parks and Recreation Committee concerning the trail. Mr. Drilling stated that the trail way would comply with City requirements. ( Council Member Capra questioned the size of the buffer to be located on the north portion of the property or proposed development. Mr. Drilling stated that there was a six (6) foot area between the building and the neighboring property. Council Member Nelson questioned whether anything would be done with the trail on the west side of the property. Mr. Drilling stated that modifications to the trail in that area would need to be done with the permission of Anoka County and Rice Creek Watershed District. Mr. Bruce Luikart, 7130 Peterson Trail, questioned whether the ditch would be filled in along the west side of the property. Mr. Drilling concurred subject to Anoka County and Rice Creek Watershed District's permission. Council Member Broussard Vickers questioned whether Mr. Drilling had determined the types of materials and colors for the exterior of the building. Mr. Drilling provided a drawing showing the front of the building being brick with lighter colored siding on the top. Mr. Drilling stated that for maintenance purposes, an entire brick front would be desired. Mr. March stated that Mr. Drilling had yet to provide a grading plan to Mr. Hoeft. Mr. March explained that Mr. Drilling's submission for site plan approval lacked several required submissions prior to receiving Council's approval or denial. Mr. March stated subsequent to the lack of the required submissions, Council is unable to approve or deny same. Page 2 ofl8 Mayor Swedberg stated there was a meeting to discuss various administrative issues and the consensus was to empower commissions to handle all the specifics concerning these types of requests prior to being forwarded to Council. Council Member Broussard Vickers explained the Planning and Zoning Commission had passed on and approved this basic plan with the stipulation that Council would decide on the more definitive parts of the site plan as has been the procedure in the past. Planning and Zoning was comfortable that Council would provide Mr. Drilling with its final wishes for the proposed mall prior to approval. Mr. Drilling is in attendance to obtain Council's requirements for exterior building components and additional requirements recommended by Council. Mayor Swedberg noted he had thought there was consensus at the meeting earlier in the week to empower the commissions to do that sort of detail work. Council Member Nelson stated she would like to see the site plan go before the Parks and Recreation Committee for trail approval. Mayor Swedberg indicated a desire to try to develop a process that allows for total review by all commissions/committees prior to submission to Council. Mr. Jeff Turner, 7151 Peterson Trail, stated that the Planning and Zoning Commission recommended that Mr. Drilling bring a more detailed plan to this meeting. At the previous hearings for the west building where the front was redesigned, it was stated by residents that they would like greenery added to screen the proposed mall from Peterson Trail and that did not occur. Mr. Turner would like to see that the same mistake is not made twice. Mr. Turner stated it would be nice to have greenery added to the west building as a part of tbis site plan approval. Mr. Turner suggested trees or some type of shrubbery be also added in the northwest comer of the property. Mr. Turner submitted a letter concerning the increased traffic on Peterson Trail due to the proposed strip mall and requested dead-ending same. Mr. Turner stated that he has requested several times that a traffic study be completed on Peterson Trail. Mr. Luikart questioned the landscaping of the northwest comer of the property. Mr. Drilling stated that it would be sodded and maintained accordingly. Mayor Swedberg indicated he did not want to take up Council time on endless details. Mr. Turner questioned the process for obtaining resident input at the commission/ committee level. Mayor Swedberg noted that all commission/committee meetings are public and residents are free to attend. Mr. Turner asked Mr. Drilling what would be located in the northwest comer of the property. Mr. Drilling stated that a sloping, grassy area to route drainage to the swale that collects drainage and there is a six (6) foot fence at the back of the property. Mr. Page 3 of 18 Turner questioned whether there would be a possibility of an employee parking lot located in the northwest comer. Mr. Drilling concurred. Council Member Broussard Vickers stated that the City was in transition and Mayor Swedberg would like to see more of the details ironed out at the commission/committee levels. Mr. Eric Bowman, 7130 Shad Avenue, stated that he was representing Iris neighbor, Mr. Jerry Engler who was unable to attend and questioned if the berm would go north along the short job on the property. Mr. Drilling stated that he did not anticipate continuing the berm north. Council Member Broussard Vickers stated that the Bowmans were present at the previous Planning and Zoning Commission Public Hearing regarding the proposed strip mall where it was requested that the screen be at a ten (10) foot level to block the view of the residents on Shad Avenue. Mr. Bowman stated that Mr. Engler desired to have the berm run north to the edge of the property line. Mr. Drilling said he would consider Mr. Engler's request; however, he must comply with the City's drainage requirements. Mr. Drilling explained that drainage plans require the City Engineer's recommendations. ( Council Member Broussard Vickers stated that drainage considerations and recommendations would be made by the City Engineer, not the developer or residents. Mr. Bowman clarified that there would not be a driveway on Shad Avenue and thanked Mr. Drilling. Mayor Swedberg asked if Shad Avenue were closed off how would the affected property owners react. Mr. Bowman stated that it would depend on where it was closed off. Mayor Swedberg suggested closing it off at County Road 14. Mr. Bowman stated that he felt it was a good idea but said the City would need to discuss same with the affected property owner on the Comer of Shad Avenue. Council Member Capra questioned how residents would feel if the City dead-ended Peterson Trail. Mrs. Bowman stated the residents on Shad Avenue were concerned about an entrance onto Shad Avenue due to increased traffic. Council Member Capra also expressed concern for the anticipated increase in traffic levels due to the addition of another shopping mall and its location to the existing shopping mall. Mr. James Bigelow, 7143 Shad Avenue, stated he wanted to make sure Council knew that not all residents in Centerville are in favor of more commercial areas in the City. There are a lot of individuals who moved here knowing it was a bedroom community and expected that taxes would be higher. Mr. Bigelow expressed concern for closing Peterson Trail because that would increase the traffic on Shad Avenue. Peterson Trail is a main north/south traffic artery and closing it would put a lot more traffic on other streets. He personally would rather not see a retail or commercial center there. Page 4 of 18 Mr. Jeff Turner, 7151 Peterson Trail, stated he understands the concern for increased traffic on Shad Avenue. However, he believes if Peterson Trail was a dead end that would divide traffic between Old Mill Road and Shad Avenue. The least amount of damage is done and both streets share in increased traffic. Mr. Bowman stated Mr. Turner's proposal would direct traffic onto Shad Avenue that was not there before. Peterson Trail is a major north/south traffic path for many people and if it were closed off there would be increased traffic on other streets. Mayor Swedberg indicated there are concerns for traffic management, which can be mitigated, but the question is how to proceed. Council Member Nelson inquired as to whether dead-ending Peterson Trail would have an impact on Mr. Drilling's project. Mr. Drilling indicated it would not hurt the project to dead-ending Peterson Trail. Mr. Drilling stated he would not want to see the project hinging on dead-ending Peterson Trail, as traffic flow on Peterson Trail has been a concern for many years. Council Member Nelson concurred with Council Member Capra in her concern for automobile and pedestrian traffic crossing Peterson Trail. She is not necessarily in favor of dead ending Peterson Trail but it would be good to have Planning and Zoning review it. i \ Council Member Broussard Vickers indicated that Peterson Trail and other traffic issues are separate from this issue and she would not see where the City would have the ability or the desire to stop this project until the bigger issues concerning traffic are resolved. The residents of Shad Avenue and the residents of Peterson Trail will never agree on how to solve the traffic issue. Council Member Broussard Vickers expressed concem for sending this item back to Planning and Zoning as this process was started under the former Council and it seems somewhat unfair to send it back because Council intends to change the process. Mr. Drilling is aware of what he needs to provide to Council in order to receive [mal approval. Mr. Drilling can work with Staff to provide enough information to prepare his final site plan for the next Council meeting. Council Member Nelson stated she was okay with not sending it back to the Planning and Zoning Commission as long as the Parks and Recreation Committee has seen and approved the plan for the trail. Council Member Capra inquired as to whether there was a Parks and Recreation Committee meeting prior to the next Council meeting. Mr. March indicated there was not a Park and Recreation Committee meeting prior to the next Council meeting. He then indicated the Parks and Recreation Committee has approved the location ofthe trail. Mayor Swedberg questioned the amount of entrances onto Main Street. Page 5 of18 Council Member Broussard Vickers indicated the County would not allow it. Mr. Luikart questioned where and when residents would be asked for input on landscaping. Council Member Broussard Vickers explained that typically would have been heard at the first two public hearings before the Planning and Zoning Committee. Mr. Luikart would like to see an evergreen barrier along his property line and possibly a fence. Mr. Drilling questioned the length of Mr. Luikart's fence. Mr. Luikart indicated it was 80 feet and did not quite go all the way to the comer due to the tree line. Mr. Drilling stated if trees were added the fence may not be needed. Mr. Drilling stated he could add trees and a fence if need be. Mr. March suggested tabling this matter to the next Council meeting for further input on the landscaping plan rather than having to re-notice for another meeting. Mayor Swedberg questioned whether it was appropriate to have residents subrnit written comments concerning the site plan. Mr. Hoeft said it was appropriate to have written resident input and procedurally it would be best to table this matter rather than re-notice for another meeting. Mayor Swedberg noted Mr. Drilling has been very accommodating to resident concerns. . Mr. Drilling asked if Council tables the public hearing would it be revisited later at this meeting. Mayor Swedberg indicated it would be revisited laterat the meeting. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to continue the public hearinl! to Januarv 24. 2001. at 6:00 p.m. All in favor. Motion carried unanimouslv. V. APPE~CES/AVVA1tDS None. VI. CONSIDERATION OF MINUTES 1. December 27, 2000 Meeting Minutes Motion bv Council Member Nelson. seconded by Council Member Broussard Vickers to approve the December 27. 2000. City Council Meetinl! Minutes as presented. Aves - 3 Abstain - 2 (SwedberwCapra). Motion carried. VII. PAYMENT OF CLAIMS The City ofCenterville December 28. through January 10.2001 Page 6 of 18 Forwarded to Council Members Via .-mail on 2/110] at 2:46 p.m. Motion bv Council Member Broussard Vickers. seconded bv Council Member Nelson to approve the agenda with the reauested addition. All in favor. Motion carried unanimouslv. III. PUBLIC HEARING (8) 1. Lloyd Drilling Mayor Swedberg opened the tabled public hearing from the previous meeting at 6:10 p.m. Mr. Drilling submitted drawings of the site plan for the proposed strip mall to be located at 1873 Main Street. The site plan showed the exterior colors of the building. Mr. Drilling also submitted a picture of a sample fence to be used to house the garbage receptacle. Mr. Drilling stated that the fence is to be chain link with screening. Mr. Drilling also stated that the trailway would be built to County specifications as requested by Council. Mr. Drilling explained he would like to build a three (3) foot berm rather than the previously discussed four (4) foot berm to aid in drainage and maintenance. There would be a six (6) foot fence on top of the berm. Mr. Drilling expressed willingness to match the northwest neighbor's fence if the neighbor desires. '. Mr. Drilling showed pictures of the trees currently located on the site and indicated if the County allows, the trees will remain in place; however, if the County requests that the trees be moved, they will be moved to the northwest comer of the property. If the County does not allow the trees to stay then five (5) or six (6) foot evergreens would be installed on the site. Mr. Drilling eXplained that evergreens are a typical landscaping tree. Mr. Drilling stated the building would have an exterior, brick front with metal siding. Council Member Capra questioned the location of the signs for the businesses. Mr. Drilling stated that signage would be located along the front of the building in the three (3) foot space provided. Signage would be handled similar to that of the current strip mall. Mayor Swedberg questioned the type of signage that would be installed. Mr. Drilling stated that the current strip mall has uniform signage with the exception of the daycare. Mr. Drilling explained that the type of retailer in the space typically dictates signage, however, all signage would be backlit. Mr. Peterson indicated Mr. Drilling has met the contingencies for the site plan as outlined in Mr. Peterson's letter to the City. Mr. Hoeft indicated final site plan approval needs to be subject to Mr. Peterson's approval and subject to an approved Developer's Agreement. Mayor Swedberg indicated he would like to see deciduous trees placed in front of the building rather than Page 2 of14 Forwarded to Council Members Via e-mail on 2/1/01 at 2:46 p.m. ( evergreens. Mr. Drilling indicated he had spoken to a tree expert who had indicated it was very hard to get deciduous trees to grow that close to Main Street due to the salt spray. Mr. Drilling expressed a willingness to plant whatever type of tree Council requIres_ Council Member Capra questioned whether the trees located on the site would remain. Mr. Drilling stated he would like to leave the evergreens and apple trees on the east side of the property, but believes that Anoka County would request that they be removed. Council Member Capra questioned whether there would be a fence and evergreens in the northwest comer of the property. Mr_ Drilling indicated there would be a fence and evergreen trees. Council Member Capra questioned the purpose of the submitted draft Developer's Agreement. Mr. Hoeft explained it was a draft submitted by Staff to show Council the language contained in a typical Developer's Agreement. Mr. March indicated the document was provided for review and to become familiar with the language contained in same. Mr. Hoeft indicated Council would need to approve the Developer's Agreement. If Council approves the site plan, Mr. Drilling has preliminary go ahead to move along in the process with no construction until Council has approved a Developer's Agreement. ( Mr. March indicated he spoken with Anoka County Highway Department and was informed that they would allow a bituminous trail in its right"of-way. Mr. March stated the County would allow the ditch to be filled, but reserves the right to review the culvert subsequent to placement. Mr. March stated that the City needs a written detail of landscaping plans in order to assign a value to the landscaping to be included in the Developer's Agreement. Mr. Drilling stated that the design of the building might change in regards to doors and windows. Mr. March questioned the final determination of the building design and explained that the City is concerned that the building will be constructed differently than the submitted plans suggest. Mr. March indicated the east and west elevations of the building are crucial in regards to the appearance of the building. Mr. Drilling stated that he previously submitted elevations at the last meeting and would be willing to resubmit same if Council desired. Mr. Drilling stated that the drawings of the building would be modified slightly, ifany. Council Member Nelson stated she was disappointed that site plan information was not contained in her packet for prior review. Mr. Drilling stated that he did not recall stating that he would provide information to Council Members' homes and apologized for the oversight. Mr. Drilling stated that he had attempted to address Council's concerns of the previous meeting, such as exterior color of the building, trailways and fencing. Mr. Drilling stated that if Council grants approval of the preliminary site plan, the remaining requirements, that Council deemed appropriate, could be contained in the Developer's Agreement. Page 3 of 14 FOlwarded to Council Members Via <-mail on 2/1101 at 2:46 p.m. Mr. Bruce Luikart, 7130 Peterson Trail, questioned the type of lighting in the rear of the building. Mr. Drilling stated that the lighting would be similar to the current strip mall. Mr. Luikart questioned whether the rear, exterior of the building would be brick. Mr. Drilling stated that the rear, exterior of the building would be sided. Mayor Swedberg questioned Mr. Luikart as to his thoughts of the proposed strip mall. Mr. Luikart stated that he could live with the building. Mr. Jerry Engler, 7127 Shad Avenue, requested that the berm run along the north/south jog of the property. Mr. Drilling stated that he had not planned to have a berm in that location. Mr. Drilling also stated that there would be a six (6) foot fence installed on the top of the berm and trees would run north to south on the property line on the Drilling side of the fence. Mr. Peterson explained he was uoable to comment on whether a berm along the north/south jog would interfere with drainage, as he did not have a map with contours. Mr. Engler asked Mr. Drilling if his trees and stakes would be replaced that were removed by construction workers when the site was cleared. Mr. Drilling agreed to restore Mr. Engler's property to its original state. Mayor Swedberg requested that Mr. Hoeft investigate whether berming the north/south jog would interfere with drainage. Mr. Engler stated he desired the berm to be moved out to the west beyond where the proposed fence is located. Couocil Member Broussard Vickers stated that Mr. Engler's proposal was uoacceptable due to the separation of the berm and the fence. Council Member Broussard Vickers felt that this would not be attractive. Mr. March suggested waiting for Mr. Peterson's report on drainage prior to determining whether a berm in the location would work. Mr. Engler questioned the height of the trees that Mr. Drilling intended on installing. Mr. March indicated Mr. Drilling needed to submit a detailed landscaping plan, which would provide that information. Mr. Drilling indicated he would either leave the larger trees currently located on the site or use five (5) or six (6) foot landscape evergreens dependent upon Couoty suggestion. Mr. Engler asked that construction traffic not enter the lot from Shad Avenue. Motion bv Council Member Nelson. seconded bv Council Member Broussard Vickers to close the public hearinl!. All in favor. Motion carried unanimously. Mayor Swedberg closed the public hearing at 6:50 p.m. Page 4 of 14 Forwarded to C01111Cil Members Via e-mail on 2/1101 at 2:46 p.m. IV. APPE~CES/AVVARDS This item was previously discussed. V. PETITIONS AND COMPLAINTS None. VI. UNFINISHED BUSINESS None. VII. . NEVV BUSINESS .1. Chicilo Homes Site Plan Ap?rova! This item was previously discussed. 2. Lloyd Drilling Site Plan Approval Council Member Broussard Vickers stated that Mr. Drilling needs to provide final details on several issues, but is comfortable with the basic information provided concerning the site plan. The final details should be addressed in the Developer's Agreement. ( Council Member Capra questioned whether approval of the site plan would be giving Mr. Drilling approval to commence construction on the building. Mr. Hoeft indicated site plan approval is an approval to move forward with the planning process but construction cannot start until Council approves the Developer's Agreement. Council's site plan approval will be contingent upon an approved Developer's Agreement. Council Member Capra questioned the time frame for finalizing the Developer's Agreement. Mr. Hoeft stated that a draft Developer's Agreement would be presented at their next meeting. Council Member Capra questioned the reason for receiving two (2) totally different site plans for approval. Mr. Drilling's plan was not as complete or detailed as Mr. Chicilo's plan. Mr. Drilling explained that the Chicilo Homes site plan is very straightforward as it is an industrial building being built in an industrial park. There is nothing about the plan that is subject to resident or Council approval. Mr. Drilling stated that if he receives approval of his site plan he will authorize the architects to prepare plans for Council that provide as much or more information as provided by Mr. Chicilo. Council Member Nelson requested that all information regarding this item be included in the packet, prior to distribution and council meeting. Council Member Travis stated he had no problem approving the site plan. He also stated that he recently received his tax statement and believes the City needs to bring more commercial development in to help with the tax base. In his opinion, Mr. Drilling has Page 6 ofl4 Forwarded to Council Members Via e-mail on 2/1/01 at 2:46 p.m. done an excellent job of addressing resident and Council concerns. It is hard to develop commercial property adjacent to a residential area. Motion bv Council Member Travis, seconded by Council Member Broussard Vickers to approve the site plan submitted by Lloyd Drillilll! continl!ent upon an approved Developer's Al!reement. All in favor. Motion carried unanimouslv. Mayor Swedberg stated Mr. Drilling has done everything he can to mitigate resident concerns and thanked him for doing so. Mayor Swedberg questioned if the grass on the berms would be maintained. Mr. Drilling concurred. Mayor Swedberg questioned whether the area in the northwest comer of the property would be paved or sodded. Mr. Drilling stated that the area would be sodded and maintained similar to the berms. Mayor Swedberg indicated he would like Mr. Joe Goetz or another landscaping expert to comment on the landscaping plan. Mr. Drilling stated that the architects would provide information and recommendations for landscaping. 3. Police Commission Interviews , '. Mr. March stated that Council needed to appoint three (3) individuals to participate on the Police Commission Interview Panel. Mayor Swedberg had previously expressed interest in participating and felt that the Mr. March should also participate. Mr. March also stated that Commissioner Wright had also expressed interest in participating. Motion bv Mavor Swedberf?' seconded bv Council Member Broussard Vickers to appoint Mavor Swedberl!, City Administrator March. and Commissioner Wril!ht to the Police Commission Interview Panel. Aves - 4. Navs - 1 (Travis). Motion carried. Council Member Nelson expressed her desire to have been a part of the process. 4. Goals and Obiectives Mr. March explained Mayor Swedberg has suggested a Council work session to discuss the consolidated list of 2001 goals and objectives. Mayor Swedberg explained he wished to get a sense of order to the list. It is difficult to find time for Council Members to speak to one another and this is the reason behind scheduling a work session. Mayor Swedberg suggested a work session be held on January 31, 2001 at 7:30 p.m. Consensus was to schedule a work session for January 31, 2001 at 7:30 p.m. Mr. March requested that Council rank their goals in order of importance to them prior to the meeting. Mayor Swedberg requested that Mr. Hoeft and Mr. Peterson to provide the top 10 items, in their opinions, for the City from the list of ideas. Page 7 of 14 February 15,2001 Council Meeting Minutes Mr. Wilharber stated that he was aware of a meeting that had taken place with the establishment's owner, Mayor Swedberg and Council Member Nelson present. Mr. Wilharber questioned whether other members of Council had been informed of or invited to same. Mr. Hoeft stated that he had been contacted and advised Mayor Swedberg that only two (2) members be present to alleviate any open meeting law violations. Both Council Members Travis and Broussard Vickers indicated they were informed of the meeting but were not invited to participate. Mr. Wilharber questioned whether Mr. Defoe was requested to demonstrate dancing styles as alleged. Mr. Hoeft stated he did not believe any dancing styles were demonstrated. Mr. Wilharber questioned whether the City is on a business witch-hunt to harass certain businesses in town, as it appears this is the case, because some businesses are being targeted for not removing snow and others are not. Mr. Wilharber stated it is fair to notice all businesses not properly removing snow not just a select few. Mr. March explained the notice to the business owner Mr. Wilharber is referring to, stemmed from a citizen complaint concerning the removal. ( Mr. Wilharber requested that Council Member Nelson issue a public apology to the Cable Operator for the degrading comment she made at the last Council meeting. Mr. Wilharber explained that Council Member Nelson had made the comment, "You can wake up now Patricia." Mr. Wilharber stated he felt this was an insult to the Cable Operator and uncalled for. Council Member Nelson apologized for the comment and stated she did not mean it to be degrading or insulting, but was merely making light of the length of the meeting. VII. UNFINISHED BUSINESS None. VIII. NEW BUSINESS I. CommerciallRetail Center - Llovd Drilling Mr. Drilling presented exterior drawings of the proposed building and stated that the roofline has had caps added to. Mr. Drilling also presented a drawing representing the rear of the building indicating siding and roof color. Council Member Capra questioned whether a cement sidewalk would be installed near the rear of the building. Mr. Drilling concurred. Mr. Drilling presented a landscape plan and stated that the trees currently on the site will be relocated to the rear of the property. Mr. Drilling also stated that the fencing will Page 4 of 18 February 15,2001 Council Meeting Minutes match the neighbor's fence and that a chain link fence with a vision screen will enclose the refuse container. Council Member Capra questioned Mr. Peterson whether there would be enough "line of sight" around the trees located in the front corner of the building. Mr. Peterson felt that there would be based on the presented plan. Mr. Drilling stated that the trees could be moved if deemed appropriate by the County. Council Member Capra questioned whether Council would be reviewing the Developer's Agreement presented at the previous Council meeting. Mr. March stated he had copies of the document with the blanks filled in and reviewed same. Mr. March stated that Council would be given copies of the document for review prior to considering same at the next meeting. Council Member Capra questioned whether an eight (8) foot wide trailway meets City requirements. Mr. March eXplained that an eight (8) foot trailway is standard throughout the community and a ten (10) foot wide trailway is reserved for major east/west trails. Mr. March stated he had given the Anoka County trail information to Mr. Drilling's architect. Mr. March stated that Council needed to indicate a dollar amount for trail improvements to be made to the previously installed trail at the Apple Tree Square facility. ( Mr. Drilling questioned whether repairs to the trail were included in the Developer's Agreement for this property. Mr. March eXplained Council wanted to see the trailway completed in conjunction with this project. Mr. Drilling stated that he did not have a problem with same; however, additional factors may need to be considered, i.e., Anoka County and the Rice Creek Watershed District.. Mr. March stated he would like to escrow a dollar amount for completion of the trail and if the trailway was not completed, the City could draw on the letter of credit. Mr. Drilling stated that he was unprepared for the City to tie the trailway project with the proposed project. Mr. Drilling questioned the estimated cost of same. Mr. March stated that Mr. Peterson would provide the dollar amount for the trailway project. Mr. Drilling stated he was willing to spend $5,000 if the City was willing to contribute the remainder to complete the project. Mr. Drilling stated that he did not feel it was fair to tie this project in with the proposed project due to the trail being installed to standards and City requirements not being presented to him prior to installation. Mr. Drilling requested that the City remove the trailway repairs from the Developer's Contract. Mr. Drilling stated his willingness to work in conjunction with the City on the trailway and suggested that the City agree to a completion date of June 1,2003 for the trailway. Council Member Capra questioned the appropriate action to be taken on this matter. Mr. Peterson stated that trailway is not in the Anoka County right-of-way. Mr. March stated that Anoka County had stated that they would not require the ditch to remain there if the City uses a piping that meets their drainage requirements. Page 5 of18 February 15, 2001 Council Meeting Minutes Mayor Swedberg questioned whether approval of the site plan hinged on the western trailway issue being resolved. Mr. March stated that once the City approves the plan, the only assurance of completion of the western trailway would be Mr. Drilling's word that he will complete it. Mayor Swedberg questioned whether Council was being asked to approve the Developer's Agreement this evening. Mr. March stated that it was Council's discretion. Mr. March stated he would like to have Mr. Peterson provide an estimate of the costs to complete the western trailway. Council Member Capra stated she felt the plan was a good plan but felt uncomfortable approving the Developer's Agreement without review. Council Member Capra concurred with Mr. March in regards to providing estimated costs prior to the next meeting. Council Member Broussard Vickers questioned whether the house to the east would have its front window screened from headlights. Council Member Broussard Vickers asked Mr. Drilling to make sure that the house is screened from headlights even if it meant extending the fence and berm along the eastern property line. Mr. Drilling stated that the fence and berm ended at the window of the house to the east and gave Council his assurance of same. Council Member Broussard Vickers stated she would also like to see some low-lying Arborvitaes on the exterior of the fence on the Shad Avenue. Council Member Broussard Vickers stated that she was fme with the Developer's Agreement and stated she did not want to tie the western trailway to this development. Council Member Broussard Vickers stated the fact that Mr. Drilling is willing to invest in redeveloping the trailway, is above and beyond what the City can require. Council Member Broussard Vickers also stated that the City has no right to ask him to do so as there were no standards in place at the time the trailway was installed. Mr. Drilling has already made a good faith effort by stating he would share in the costs with the City and requiring him to pay for the complete trailway is beyond reason. Council Member Broussard Vickers stated she did not want the western trailway to be contained in the Developer's Agreement. Council Member Broussard Vickers felt that the City made the mistake with the current trailway and not Mr. Drilling. Council Member Broussard Vickers stated that the site plan meets with her approval provided the house to the east is properly screened. Council Member Broussard Vickers requested copies of the completed Developer's Agreement be included in their packet for the next meeting for consideration. Council Member Nelson stated her fondness of the location of shrubbery on the exterior side of the fence, as its visibility from Main Street would be likely. Council Member Nelson also stated that she felt the western trailway was a joint responsibility between the City and Mr. Drilling and not anyone (l) party was wholly responsible. Council Member Nelson stated that she would agree with a separate document covering completion requirements of the western trailway rather than containing same in this Developer's Agreement. Page 6 of 18 Februwy 15, 2001 Council Meeting Minutes Mr. Drilling stated his willingness to enter into an agreement with the City to share in the expenses to repair the existing trailway. Council Member Travis stated he had no problems with the architecture of the building and he believes that Mr. Drilling has addressed all issues raised and then some. Council Member Travis stated he would like have the figures associated with the western trailway prior to entering into an agreement with Mr. Drilling to complete same. If there needs to be a major redesign of the ditch it may be cost prohibitive to rebuilt the trailway to gain a mere two (2) feet on the path. The end result may not justify the costs endured by the City. The dips in the current trailway are needed for drainage. Council Member Travis stated that he would like to see a joint effort on the part of the City and Mr. Drilling in regards to the existing trailway. Council Member Travis felt that the Developer's Agreement and the trailway issue should be separate issues. Mayor Swedberg clarified Council's desire to review the Developer's Agreement prior to consideration, a separate document governing the completion of the western trailway, an estimate of costs from Mr. Peterson, screening of the home to the east of the building, and Arborvitaes placed on the exterior of the fence closest to Shad Avenue. Mr. March questioned whether Council approved of the landscaping plan as submitted. Council concurred. Mayor Swedberg questioned Mr. Hoeft as to the appropriate action to be taken at this time and Mr. Hoeft suggested tabling the item. Motion bv Council Member Broussard Vickers. seconded bv Council Member Caora to table aporoval of the Develooer's Al!reement to the next Council meetinl! to allow Council amole time to review the document. All in favor. Aves - 4 Navs -1 (Travis). Motion carried. Council Member Travis stated he is opposed to tabling the item as he feels Mr. Drilling has met each and every requirement of the City and residents alike. Mr. Drilling questioned whether all requirements had been met with the exception of Council reviewing the Developer's Agreement and Mr. Peterson preparing estimates for the western trailway. Council concurred and Mr. Drilling thanked Council. 2. Laurie LaMotte Memorial Park - Electrical Installation Request Mayor Swedberg stated that previously Council had discussed Parks and Recreation Committee's/Fete des Lacs Committee's request for installation of electricity at Laurie LaMotte Memorial Park. Mayor Swedberg stated that Ms. Karla DeVine was present to discuss this item with Council. Ms. DeVine explained that the Parks and Recreation Committee had made a motion to request that Council commence requests for proposals to install electricity to Laurie LaMotte Memorial Park. Ms. DeVine explained the costs associated with same are not contained in the Parks and Recreation Committee's budget for 2001 or 2002. The Parks and Recreation Committee feels that the entire community would benefit from the Page 7 of18 February 28, 2001 Council Meeting Minutes VII. UNFINISHED BUSINESS None. VIII. NEW BUSINESS 1. Commercial/Retail Center - Llovd Drilling Mayor Swedberg stated that Council had reviewed the Developer's Agreement and questioned whether Council had any concerns that it desired to be addressed. Council Member Capra questioned the private improvements completion date of 2002. Council Member Capra expressed her concern for residential property abutting same. Mr. Peterson stated that it is common to allow a year for final improvements to be made and allow ample time for settling and grass or sod installation. Council Member Travis questioned whether Mr. Drilling had a problem with requiring the improvements to be completed by December 31, 2001. Mr. Drilling stated that completion would be subsequent to weather conditions. Mr. Drilling stated his desire to complete same by the end of the year. Council Member Broussard Vickers stated that the City typically allows one and a half (1 \1,) seasons to complete a project in order to accommodate weather conditions. Mr. March stated that releasing the letter of credit provided by the developer is incentive for completion of the project. Council Member Nelson questioned whether Mr. March reviewed the Developer's Agreement to ensure that all ordinances were met. Mr. March concurred. Mr. March stated that language regarding the western trail had been excluded from the agreement. Council Member Nelson stated that she believed Council consensus was to enter into a separate agreement for same. Council Member Broussard Vickers requested that Mr. Drilling check with the City to ensure that no changes had been made in the trail requirements prior to construction of same. Motion bv Council Member Broussard Vickers. seconded bv Council Member Travis to approve the Developer's Al!reement as presented. All in favor. Motion carried unanimouslv. Mr. Drilling requested that Council approve combining the two (2) parcels in order to receive a new property identification number. Consensus was to approve same. Council Member Nelson requested that Staff research trail requirements for this area with Anoka County and the Rice Creek Watershed District. Mr. March suggested that Council Page 3 of 14 February 28, 2001 Council Meeting Minutes direct Mr. Peterson to prepare a cost estimate for same. Council requested that Mr. Peterson prepare a cost estimate and research the requirements to fill in the ditch and reconstruct the trail to correct the slope noting Council desired to know the possibility of reconstructing the trail by filling in the ditch and associated costs. Mr. Peterson requested delaying this item until spring allowing ample surveying of the property. 2. Sensus (Equipmentllnstallation/Upgrades - Software) Mr. March referred to a memo submitted by Staff requesting purchasing of software. Mr. March that the funds to purchase same would be expended from the Water Fund. Mr. March stated that the software would save time and steps in posting information to the accounting software. Mayor Swedberg stated that caller identification and a dedicated phone line would also need to be installed and not included in the recommended software purchase in the amount of $4,685. Mr. Palzer stated that Council would need to decide if it desired to charge residents a $100 installation fee for units to be installed in homes more than three (3) years old. Council Member Capra stated she had received concerns from residents who may have purchased homes that had previously been modified without appropriate permits. Council Member Capra stated that residents are concerned about ramifications from the City in regards to same. Mr. March explained that Staff would more than likely do sump pump inspections at the same time as meter programming/installation. Mr. March stated that the City would ensure proper use of same. Mr. March stated that in his opinion, the City does not desire to "heavy hand" residents and charge them for modifications that may have been completed without appropriate permits. Mayor Swedberg questioned whether a resident could refuse the installation of the unit. Mr. Hoeft eXplained that a resident could refuse same, however, an Administrative Search Warrant could be obtained by the City to allow access and installation of same. Mr. Palzer stated that Staff would not be looking to fine residents, however, if an immediate safety concern existed it would need to be addressed. Council Member Nelson suggested notifying residents that they can expect to pay $100 for the unit. Mr. March stated that he anticipated this to be a fairly lengthy installation process so residents would not see the unit installed for some time. Motion by Council Member Bronssard Vickers. seconded by Council Member Capra to approve the purchase of the Sensus software as presented. All in favor. Motion carried unanimously. 3. Pheasant Marsh Mr. March stated that Ground Development was present to request permission to amend the Comprehensive Plan for the MUSA land swap. Ground Development would escrow Page 4 of14 E-Mailed to Council on 513/01 at 11:34 am. April 25, 2001 Council Minutes Council Member Nelson questioned whether the meeting could be held at Mr. DeVine's office. Mr. DeVine stated that they had recently leased the main floor level of the building and offered the use ofhis conference room for the meeting. Consensus was to hold the meeting on May IS, 2001 at 7:00 p.m. at Mr. DeVine's Office. 4. Trail in Front of AppleTree Sauare Mr. Peterson stated that there are two (2) options for the trail. One option is to pave over the existing overlay of the trail. The maximum width of the trail would remain six (6) feet wide. Mr. Peterson noted that three (3) drainage locations would need to be installed. Mr. Peterson advised same to be concrete swales that would allow movement of water across the trail and into the ditch. The second option is to :fill in the ditch and make the trail eight (8) or ten (10) feet wide. The approximate cost for the first option would be $3,000 and the second option would be $10,000 to $11,000. Mr. Peterson stated that the second option would need Anolca County approval to :fill in the existing ditch. Council Member Nelson questioned the possibility of using metal grates instead of coucrete swales. Mr. Peterson explained that metal grates do not work well during the freeze/thaw cycle and are not recommended. ( Council Member Capra questioned whether the same option could be utilized for the new strip mall development. Mr. Peterson stated that the trail would drain into a catch basin at that site. Motion bv Council Member Nelson. seconded bv Council Member Capra to offer the first option to Mr. Drillinl! for the trail on the west side of AppleTree Sauare. All in favor. Motion carried unanimouslv. Motion bv Council Member Broussard Vickers, seconded bv Council Member Nelson to approve the commencement of acceptinl! Request for Bids rel!ardinl! the Laurie LaMotte Memorial Park Electrical Plans based on any amendments from the Parks and Recreation Committee. All in favor. Motion carried unanimouslv. XI. PUBLIC WORKS REPORT 1. 6961 Dupre Road (Drivewav Accessibility) Mr. March stated that the City would incur $36S to rent a bobcat with a mill attachment and trailer. It was anticipated that the project would take four (4) hours to complete. Council Member Capra questioned whether the City incurred the expenditures with the previous accessibility request. Mr. March stated that the equjpment had been donated and the City had incurred minimaI expense for asphalt. Page 8 ofI2 Letter of TransmittalAPR 30 liii:ll .11. Sonestroo . .LYI Rosene 20.' G Anderllk & lfj. ~: '\J' Associates EnglnM1'.t" AtchltetU Date: 4 -74 - 0 / Project No: ~/& jk File No: To: Lloyd ()n'({'~1r. -=::1..1 S?s M o~ r.::J; I ~-/-ervi lIe I M,J .S-5'03~ , We are sending you: ~ArradJed 0 Under Separate Co",,"r o Shop Drawings 0 Spedtications 0 Plans o CopyofLetter 0 Samples 0 Change Order o Re:A-;;if ~y Tr~; I eODies Description Code f g lit.. xU ~ J4.L I 1- These are Transmitted:(See Code) I. For approval 5. No exceptions taken 2. For your use 6. Make noted corrections 3. As requested 7. Amend and resubmit 4. For review and comment 8. Resubmit _ copies for review 9. Submit _ copies for distribution 10. Return _ corrected prints. 11. For bids due 12. "'-(.- F--s-h~ CosT ;'s .f 3,000. , Signed: I~~() ~ cc: -Rw I Pa 2 e.r- I ~.J-l./evv;r{ E'- PaM. 5c~ K,U\J~r:-' ISM Bonestroo, Rosene, Anderlik and Associates o St. Paul Office: 2335 West Highway 36 St. Paul. MN 55113 Phone: 612-636-4600 Fax: 612-636.1311 Q Milwaukee Office: 1516 West Mequon Road Mequon. VVl53092 Phone: 414-241-4466 Fax: 414-241-4901 o Rochester Office: 2222 Hwy 52 North Rochester. MN 55901 Phone:507-282-ZIOO Fax: 507-282-3100 o VVlUmar Office: .' , 205 5th Street SW . . VVil1mar. MN 56201 Phone: 320-214-9557 . Fax: 320-214-9458 o St. Cloud Office: 2008 8th St North St. Cloud. MN 56303 Phone: 320-251-4553 FaJC 32o-25~6252 . .,).T .....-..... / y~ --.. 3"'~SS" "'-'.";,'" x\N +~ -~ -J...'" .' ~ ;<. (' 7'.= o \J --f o Z (\ - ~ ~ 3 ~0' "\ "" -+ G> --" VI '- ;- F"" \-r ~ 'l V\N ,I\",) i'> 'I ~II' Clt "" (\l ~ ~ ~} '0 <0 C 1 c."'l{/3 (>>. "::, <' i'l ?<. O'J' X) ~. '"'\ Sl -.", I I -j ,. ;lJ ~ r ./ L--i ~ " <:.' i'l eX ~. ~~ V\() ~ J: \:.-j l"0 ( ;lJ ~i'l -;s: ::t:2: z \1\.,. s: . - .'"\\ ~- t>:>.r ~;. . .~. .......[...... ... "" .... ,:C'. ":.,' z.. . ;r~i II /I Il /I /I (J1 " '1 n II II II II II II II II II II ;11 II -0)> )>-0 :;:0-0 ^' zr'l 0)> ,0 0)> -10 fT1 s: -< '.\1) 0:.6 ;;-:...<. ", ~, Sti . I"> Or i'l)> . -< . 3~ ~ -{ x I tJ~ ~)> . 0 '" ^ -. -{ ~~ 'Os: (f))> )>z I (f) ~-I ~. '-" --+-.() I S ~T I ") o ~ ~ ,.':~.. .,-" UlO ~O .)> Z rc.Ul ':l-{ ......;u )>C .\=.D rO- 00 OZ O' )>~. -{~ . - I'l 0-1 ZI'l Ul u\. IW '1 lI\- o G " z.. - (li b Ci 7\. - 2- Sj'\ \1'1 1; --1 --rf') /zP3j1J~ ec >7' . Mayor Wilharber stated he may chose to petition for water and sewer as his property would not be inMUSA until 2005. Council Member Nelson questioned who would be responsible for providing either a tunnel or flashing lights at the pedestrian crossing at Centerville Road. Council Member Travis stated if a tunnel were added as a contingency for the development it was his belief the project would not proceed. Council Member Broussard Vickers stated she believed the tunnel may warrant a special fund raising project in the future. ( Mayor Wilharber stated the City may chose to obtain flashing lights at the pedestrian crossing on Centerville Road in order to avoid injuries. Mr. Hoeft stated that the Mayor's property would not be in the MUSA until 2005 and, therefore, the assessment may be deferred until that time. Mr. Hoeft stated that Council could approve the preliminary plat for the Pheasant Marsh PUD with the following stipulations attached: ",. 1. 2. Developer must obtain RiCe Creek Watershed approval; Developer must obtain a permit from Anoka County to access the development from Centerville Road; Developer must obtain approval for the MUSA swap at developer expense; Developer will be responsible for any fees associated with updating the City's Comprehensive Plan; Developer must obtain design approval for the trailway from the City Engineer; Developer must obtain approval of homeowner association documents relating to Outlots A, B, and C; Developer must obtain City approval of resolution of the driveway/cul-de-sac issue for the exception properties to the north; and Developer must obtain City approval of a developer agreement. 3. 4. 5. 6. 7. 8. Motion by Council Member Sweeney. seconded by Council Member Trayis to approye the preliminary plat for the Pheasant Marsh PUD subiect to the stipulations as outlined bv Mr. Hoeft. The Deyeloper would be reauired to pay park dedication fees of $1.800 per lot. All in favor. Vote - Ayes. 3 (Sweeney. Travis. Broussard Vickers) Nays. 1 (Nelson). Mavor Wilharber abstained from yotine. Motion carried. Council Member Broussard Vickers stated she would like the trailway to touch or run directly past the high ground or upland area in Outlot A as there may, at some point, be a park at that location. Mr. Cooper concurred and noted that it would be the most cost effective way to build the trailway. Lloyd Drilling (Rezone - 1873 Main Street) Mr. Drilling distributed a blueprint drawing of the proposed strip mall to Council. He indicated the strip mall would be approximately 10,000 square feet. Council Member Sweeney questioned whether Mr. Drilling had contacted Anoka County to obtain a permit for access onto Main Street. Mr. Drilling stated that the property currently has aCcess to same. Page 8 of 15 . Mayor Wilharber questioned the location of the driveway access on Peterson Trail. Mr. Drilling indicated the access would be directly across from Apple Tree Square's entrance. ( Mayor Wilharber stated that both parcels that Mr. Drilling owns located on Main Street were previously zoned commercial and one (1) - 1873 Main was modified to allow the previous house. Council Member Broussard Vickers stated that several residents had attended the Planning and Zoning Commission meeting for the public hearing. Most of the opposition was to having an access into and out of the strip mall onto Shad Avenue. -Residents on Shad Avenue were concerned for increased traffic. Council Member Broussard Vickers stated she had spoken to the residents of Shad Avenue following the meeting and had proposed to eliminate the access onto Shad Avenue and to provide a berm with trees and a privacy fence along the back side of the strip mall aiding in a buffer for the neighborhood. Council Member Nelson questioned whether residents of Peterson Trail expressed concern and Council Member Broussard Vickers stated that none were present at the meeting to express concerns. Council Member Sweeney stated that the access onto Peterson Trail was commercial to commercial where the access onto Shad A venue would be commercial to residential. (. Council Member Sweeney questioned whether County Road 14 access could be moved or needed to remain as is. Mr. Drilling stated that the access could be moved to better accommodate residents and agreed to the suggestion ofberming and fencing the rear of the property. Mr. March stated the City may consider shifting the access west to better accommodate fire hall access. Council Member Sweeney stated he thought it may be best to shift the access to the east a bit. Mr. March stated that several residents indicated at the Planning and Zoning Commission meeting that the values of neighboring homes would decrease. Mr. March stated that subsequent to research, property values in the area of Apple Tree Square had increased 11.3%, which is more than legally allowed. Mr. Jerry Engler, 7127 Shad Avenue, expressed his gratitude to the Council for the recommendation to eliminate access onto Shad Avenue. Mr. Engler expressed concern that the berm and fencing not obstruct views for traffic attempting to enter Main Street. Council Member Broussard Vickers questioned drainage if a berm was installed. Mr. Drilling indicated there was a holding pond which would catch runoff. Mrs. Katie Bowman, 7130 Shad Avenue, stated she realized the commercial development would . be approved and thanked Council for the suggestion of the berm, trees and fencing which will help . residents maintain a residential feel in their neighborhood. ~ Mr. Eric Bowman, 7130 Shad Avenue, suggested moving the acCess onto Main Street as far east as possible. He then expressed concern for the speed limit on Main Street. Mayor Wilharber stated that the City could request a traffic study but it could backfire if the County finds the majority of traffic travels faster than the posted limit the speed limit could be raised. Page 9 of 15 L Mr. Engler stated that Mr. Drilling should be required to pay for the trees accidentally removed from his property. Mayor Wilharber stated that this was a civil issue between Mr. Drilling and Mr. Engler. Mr. LeBlanc suggested the building be moved closer to the street and parking be located behind the building to give more of a small town feel so that you see the building not the parking lot. Mr. Drilling stated that this was impossible because the County requires an 80- foot setback off the county road. Mr. March stated that architectural features could be added to the building to draw the eye rather than the parking lot. Mr. Engler stated he did not want the parking lot located in the back of the building. Motion bv Council Member Nelson. seconded bv Council Member Sweenev to approve the rezone of 1873 Main Street. All in favor. Motion carried unanimously. Mayor Wilharber questioned Mr. Drillings anticipated submittal of fmal plans. Mr. Drilling stated as soon as possible and that he would like to commence construction in the spring. Council Member Nelson questioned the types of businesses that would be corning with the new strip mall. Mr. Drilling stated he been approached by Mansetti's Restaurant and Hair Update. Annual Contract Renewals ,~-- 1. 2000 Audit Contract (ABDO, ABDO, Eick & Meyers) Mr. March explained the contract was the same as the previous year with the exception of a $400 increase. Motion bv Council Member Nelson. seconded bv Council Member Broussard Vickers. to approve the 2000 Audit Contract submitted bv ABDO. ABDO. Eick & Mevers. All in favor. Motion carried unanimously. 2. Joint Powers Agreement (Trail- Anoka County) Motion bv Council Member Sweeney. seconded by Council Member Travis to approve the "Joint Powers Al!reement Anoka County Contract #2000-0178. All in favor. Motion carried unanimously. 3. Siren Maintenance (Embedded Systems) Motion bv Council Member Travis. seconded bv Council Member Sweeney to approve the siren maintenance contract snbmitted bv Embedded Systems. All in favor. Motion carried unanimously. 4. Animal Control (Otter Lake) Page 10 of 15 ( DEVELOPMENT CONTRACT DRILLING RETAIL CENTER CENTERVILLE, MINNESOTA TillS AGREEMENT, made and entered into this ;!'j'!;!' day Of..0A"~ ' 2001, by and between the City of Centeniille, a municipal corporation organized under the laws 0 e 'State ofMinnesota,(the "City"), and CentervilIe Properties, Inc., a Minnesota Corporation (the "Developer"). ' RECITALS: WHEREAS, the Developer has applied to the City to be allowed at the Developer's expense to construct all surface streets, parking lots, curb and gutter, required landscaping, storm sewer, storm water ponds, drainage facilities, water main, trailways and sanitary sewer facilities, hereinafter referred to as "Street and Utility Improvements"; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the development, hereinafter referred to as "Private Improvements". NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, it is agreed by and between the parties as follows: A. REPRESENTATIONS OF DEVELOPER As inducement to the City's approval and authorization to proceed with construction and entering into this Agreement, the Developer represents and warrants to the City: c. 1. That the Developer is the fee owner of the property and has authority to enter into this Agreement. 2. That the commercial development complies with all City, County, State and Federal laws and regulations, including but not limited to City subdivision ordinances and zoning ordinances. 3. The commercial development complies with all wetland protection legislation. b. PRIVATE IMPROVEMENTS. The Developer will construct and install at Developer's expense the general improvement construction according to the detailed plans submitted for development approval and attached and listed as exhIlJit A. 1. Cost of Private Improvements, desctiption: a Approx. 470 feet 'of 6' decorative fence $7050 b. Landscaping as proposed in the site plan and (Attached as ExhIbit A) $7500 c. Approx. 325, feet of eight (8) foot wide bitumioous trail $3250 d. Sod/seed in the common areas $3000 Total Estimated Cost $20,800 Developer Retaioage (150%) $31,200 ,~ The above referenced private improvements shall be completed by 6/01/02. 2. Also included as items associated with the Private Improvements, the Developer shall undertake or arrange to accomplish the following: a. Site Development Issues ....... 1. . Coordinate with the utility companies to provide for gas main, telephone lines, cable lines, and power lines to service the properties developed on the final plat according to the City's joint trench policy. il. Provide seeding and vegetation maintenance and erosion control Over denuded Or graded areas and mitigation ares, at the City's direction. ill. Establish lot corner monumentati6n within 60 days of grading completion or within 180 days after filing the final plat, whichever is sooner. IV. Provide such street maintenance and control of builder's actions to maintain roadways clear of mud, soil, and debris to provide safe driving surfaces. The Developer shall provide street sweeping within 24 hours of the City's requeet for such services. ( The Developer shall accomplish or cause to be accomplished these actions according to generally accepted trade standards. To the extent possible, the construction vehicles for site grading, streets, and utilities shall access the site from Main Street. b. Site Grading, Street Construction and Building Pennits. No certificate of occupancy shall be issued without installation of bituminous parking lot c. Erosion Control. The Developer shall control erosion insuring: 1. The Developer shall submit an erosion control pian, detailing all erosion control measqres to be implemented during construction. 11. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. 0 n. Where the topsoil is removed, sufficient arable soils shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth ofat least four (4) inches and shall be ofa quality at least equal to the soil quality prior to development d. Inspection. All of the work shall be under and subject to the inspection and approval of the City, City Engineer, and where appropriate, any other governmental agency having jurisdiction. ( , e. Faithful Performance of Construction Contracts and Letter of Credit. The Developer will fully and faithfully comply with all terms and conditions of any (- and all contracts entered into by the Developer for the installation and construction of all Private Improvements and hereby guarantees the workmanship and materials for a period of two years foll9wing the City's fina! acceptance of the Private Improvements. The Developer agrees to guaranty for a period of one year.the tree plantings required as part of the Developer's Agreement Each specific tree guaranty period shall begin with the planting of each specific tree. Concurrendy with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or a:rr'1rrevocable Letter of Credit, based on one hundred fifty percent (150%) of the total estimated cost of the Private Improvements as indicated in Paragraph B1. The Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Centerville and shall state fuereon the same is issued to guaranty and assure performance by fue Developer of all the terms and conditions of Paragraph BI of this Development Contract. Such Letter of Credit may be reduced upQn completion and acceptance of the Private Improvements by fue City to an amount deemed adequate by the City Engineer to cover the two year warranty period described herein. The City shall have the right during said warrant period to draw on fue Letter of Credit for any warranty work that is necessary. The Irrevocable Letter of Credit shall be renewed or replaced by not later than twenty (20) days prior to its expiration with a like letter or bond. f. Reducti9n of Escrow Gruu;anty. The Developer may request a reduction of fue Letter of Credit or cash deposit based on prepayment or the value of the completed Private Improvements at fue time of the requested reduction. The amount of reduction will be determined by fue City and such recommendation will be submitted to fue City Council for action. c D. RECORDING AND RELEASE. The Developer agrees that the terms of this Development Contract shall be a covenant on this entire project site. The Developer agrees that the City shall have the.right to recorda copy of this Development Contract with the Alloka County RecorderlRegistrar to give notice to filtore purchasers and owners. E. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited to, the actual costs of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acqoisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing offue aforementioned improvements. F. OWNERSHIP OF IMPROVEMENTS. Upon completiOn offue work and construction required by this Contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. J. MISCELLANEOUS PROVISIONS. , ~:. 1. . Reimbursement of Costs for Defense. The Developer agrees to reimburse the City for all . costs incurred by the City in defense of enfurcement of this Contract, or any portion fuereof; including court costs and reasonable engineering and attorney's fees. ( 2. Validity. If any portion, section, subsection, sentence, clause, paragraph, or phrase in this Contract is for any reason held to be invalid by a court of competent jurisdiction, . . r such decision shall not affect or void any of the other provisions of the Developmeot , Contract. 3. Waiver. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement To be binding, amendmentS or waivers shall be in writing, signed by the parties, and approved by written resolution' of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. ......,;. 4. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the SubdiVision and shall be deemed covenants runoing with the land. 5. Notice. Whenever in this Contract it shall be required or permitted that notice or demand be given or served by either party to this Contract to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the ' addresses set furth below by certified mail (return receipt requested). Such notice or , demand shall be deemed timely giv~ when delivered personally or wheii deposited in the mail in accordance with the'above. The addresses of the parties hereto are as set forth below until changed.by notice given as per abQve: Developer: Centervi1le Properties Inc. 705 West Lake Street Minneapolis, MN 55408 ( City: City of Centerville Attn: City Administrator 1880 Main Street Centerville, MN 55038 IN WITNESS WHEREOF, City and Developer have signed this Development Agreement the day and year first written above. CITY: DEVELOPER: ~~~~~ Mayor Centerville Properties, Inc. ATIEST: Its: c-';;:Yrl)~./.' City Clerk STATE OF MlNNESOTA) ) S5 '. ( ( c . t ,..' COUNTY OF A"ak ) oing instnnnent was acknowledged before me this...l!!f" day of vI~,&. 2001, by _ the Mayor of the City of Centerville, a municipal corpo~fu,";,. unGer the laws of ~ TERESA BENDER NOTARY PIJBlIC.MINNESOTA My CommlssIaI ExpIres Jan. 31. 20 ..~ Notary Public STATE OF MlNNESOTA) COUNTY OF Awk ) ---,---The-fQreg,9jng instnnnent was acknowledged before me this J{)-#:!dayof #.nh: I .20QL by LuJ' oA A ) It'lh....../ ~ the City Clerk of the City of Centerville, a muni~ation under:e laws oftbe State ofMinoesota.. on behalf of the City. ~ ---! CRAIG J. BODE I' ~~ ~ NOTARY PUBLIC - MINNESOTA My Comm. Expires Jan. 31,2005 . Notary Public . ) ss STATE OF MlNNESOTA) )ss COUNTY OF #~ ) iJ;1g m.m=ent was acknowledgDbefo;e me this ~ day of ~~JO...u..... . , the~... ".J.J..~~ of ___'!~ a (':',0':;;' -, . .~11"-" ,.' 'i~~ TERESA BENDER ' . ;,;!'.' NOTARY PUBLIC-MINNESOTA ',; i \ ,,~~.~. My Commission Expires Jan. 31. 2005 ., "'''''.~~:] : l U! ~ ~!!) Notary Public 1--------- I Dan _Mary Capra From: Sent: To: SUbject: Dan & Mary Capra [netfalcon@comcasl.net] Tuesday, August 03, 2004 11 :02 AM Moore-Sykes, Kim Clarify Email Hi Kim, Sorry, I need to clarify I meant to say (certainly not Mass schedule's). Personally I don't have a problem advertising community events if the City Sign is available, Scouting for food, Church picnic's (certainly Mass schedule's), Lion's Haunted House, School Carnival, etc. Mary 1 1) tervi[[e 'Esta6(isliw 1857 STAFF REpORT DATE: August II, 2004 TO: Honorable Mayor and Councilmembers , /lA//-" Kim Moore-Sykes, City Administrator r VII" ./ 2005 Budget Worksessions FROM: RE: ......................................................................... The 2005 Budget worksessions will be scheduled on the following Wednesdays: August 18, 2004 September 1,2004 Meeting on Wednesdays seems to be best for everyone's schedules, including Ellen's, She has agreed to meet with Council on Wednesday evenings at her rate that she was paid when she was employed with the City, ! t' ," ""' Fax Transmission 13:55 BONESTROO ROSENE ANDERLIK 6516361311 p.1 a Bonestroo .::. Rosene 1\l1~ E'nQlneeulo.Ardlitectr To: Teresa Bender From: Tom Peterson 7Wf Our File No: 616-01-124 Date: 8/6/2004 Organization: City of Centervllle Pages to Follow: - Original Will Follow in Mall: Yes 0 No 181 Fax Number: 651-429-8629 Subject: Eagle Pass 2"d Addition- Update Ms. Bender: There are two issues remaining that I am following up with. One is the storm water catch basin we will install in the swale east of Portage Way and just south of the sidewalk on Dupre Road. We are waiting to get an estimate from Dresel Contracting. I will inform the Staff when we get this information. The second issue is the low area between Ojibway Drive and Meadow Lane. Our surveyors shot elevations on July 30, 2004 between the townhouse units. Those shots indicate there Is sufficient grade towards the cui de sac to pick up the low area behind 1743 Ojibway Drive. We have forwarded the information to Mike Quigley (Tony Emmerich Homes) for his review and comment. Tom Peterson Bonestroo Rosene Anderlik 800estroo. Rosene, Anderlik and Associates www.bonestroo.com 2335 West Highway 36 + 51. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 i:. ' f"' " Fax Transmission 2004 14:42 BONESTROO ROSENE ANDERLIK 6516361311 p.1 lJi=:roo -=- Ande1IIk & U Asso_es ErIgh:!e...~ArchJrectl: Date: 8/6/2004 From: Tom Peterson To: Teresa Bender Our File No: 616-03- t 30 Organization: City of Centerville Pages to Follow: - Origillal WIll Follow ill Mail: Yes 0 No 181 Fax Number: 651-429-8629 SUbject: 500,000 Gallon Water Tower Teresa, I contacted Jeremy at Maguire Iron tOday regarding the schedule for the lower. He plans to fax a revised schedule early next week. He said they will finish the foundation the end of August, start delivering steel to the site, Install the water main early September and begin erecting the tower mid to late September 2004. Tom Peterson Bonestroo Rosene Anderl/k Bonestroo, Rosene, Anderlik and Associates www.bonestroo.com 2335 West Highway 36 + 51. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636--1311 . . . . . ::~'~:~:/:i::;i.~~~{~:(!;*~~W~ir?;1:~~1N~N~)7f\f:i~Yi'J:~~?Yj~(WWii}tlrrlf,i~H~qt:;.~.~~1f~1;t\t.Flt;~"W?~P~:R/(<",},V~,~;:- }:~~~~//>',~!>":~~<;,-~~i'(_~~'~r:lk'\p1,;;;:\{(~tj~i.i_i~-~\', . ~ ~ ~ Bonestroo 9 Rosene ~Ander'i'< & 1 \11 Associates Engineers &. Architects 2335 West Highway 36 . St. Paul, MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 WWW.bonestroo.com RECEIVED AUG 0 5 2004 August 3, 2004 Kim Moore-Sykes City of Ceuterville 1880 Main Street Centerville, MN 55038-9794 Re: Bituminous Wear Course Pheasant Marsh 2nd Additiou File No. 616-02-126 Dear Kim, Attached is a memo from Amt Construction Company, dated July 9, 2004. They are requesting a price adjustment for placing the bituminous wear course. This project began in July 2002 with sanitary sewer, water main and storm sewer. Streets were built through the bituminous base course in September, 2002. The specifications stated that the wear course would be placed the following year. We typically like to see 75% to 80% of the homes constructed in a new development before installing the fmallift. This did not occur in 2003, and oil prices have risen the past year. Amt Construction has requested a price increase of $3.44 per ton, from $37.00 to $40.44. There is approximately 700 ton of mix, which totals $2,408 extra. We have reviewed their memo and recommend this be approved. This additional expense will be paid by Ground Development as pa.rt of their Pfoj eet cpsts. Yours very truly, 1~tX) wIA-~ Thomas W. Peterson TWP:crw copy: Paul Palzer Dan Schluender Dale Runkle . St. Paul. St. Cloud. Rochester. Wi1lmar. MN . Milwaukee. WI . Chicago. IL Afflrmative Action/Equal opportunity Employer and Employee Owned ~ JUL-09-04 FRf 03:33 PM ARNT CONSTRUCTION INC, FAX NO, 612 426 3760 p, 01 r- ~~ ,I, ',' i; u " t, t; I' f ~ t) P l1' j\ 1;~,:"i~'"y"\' '<<""(""'~'J.r~:'!'-i1"'lD;"C JIC~"(['~(~'"'!!~J C(')1\....niJ>ill, 'Wl',fV l_',','l4,JC ~ "\~.,I~\I,:,r~~: ~,.;,.'(~..3lJ.V~~~;;' !;~ 2~~~, ,~"..,,, n b~'{t..$1J. .~~ __ .lw!t~rr~l'1'~}[ ~ l'~ "J Our subcontractor has requested a price adj\lstn1cnt on the bituminous wear course for the above referenced project. His material quote was for last year, Therefore we are requesting an increa,e of$3.44f ton ofweflr course placed, P.O. BOX 549 OFFICf": 551/426-1296 ~ ;. " f, < , t, , i: \:: i. ~~ 1. " " " ~ ~, f, I, '<. ;: f.' ~ 1: r. " t~ " 'I I' !: I,; I' " lj I, I' i( " " ~: To: DllO Schlueuder, aonostroo Rosene Anderlik & A,soc Fax: 65] -636- 1311 Date: Jllly 9, 2004 Subj: Phoasant Marsh CcnterviJIe, MN I'ages 1, including this cover sheet Ify\lll have any questions plcase don't hesitate to call. '-' " i --, r ~ : " " -' " ~. (:1 , i.: , ~ 1 r', 1'~ I: f: ~ ! {~ , ~~ " " .' ,< 1'1 i: HUGO, MINNESOTA 550:38 FAX: 651/426-3760 Facsimile x (DO 't""", f 2,406 . + Arnl Construction Cu" lnc, PO Box 549 }Tugo.~ 55038 Nicholas J. Am!, P_E, Vice f>re$ideut I'hone - 651-426,1296 Fax - 651-426-3760 An Equal Op~(lIlUf)lly Employer I .. r 1880 :Main Street _ Centem[re,:M'N. 55038 (651) 429-3232 _ :Fm:.(651} 429-8629 August 4, 2004 Roger and Marl Nelson 1846 - 13m Street Centerville, MN 55038 Dear Ms. Nelson: Thank you for your letter of July 28, 2004, voicing your concerns and confusion about the 2004 Street and Utility Construction project and how it will impact your property. Hopefully, this letter will allay your concerns and clear up any confusion. According to the 2004 Residential Street Improvements Feasibility Study that was approved by the City Council in December 2003, page 3, two (2) streets will be milled and overlaid as part of this project: Peterson Trail from Fox Run north to 73,d Street and 73m Street from 20'" Avenue east to Brian Drive (Figure 1). As the project went forward, the City Engineer determined that the condition of the roadway on 73,d Street from 20'" Avenue to Brian Drive was far worse than anticipated, given the age of the street. Apparently, the base of the roadway has been washed away over time and is not sufficient to support a mill and overlay. Mr. Peterson approached the City Council to ask them what they wanted to do about this situation. The options that he presented included continuing with the mill and overlay, understanding that it would last only the 5 years that this process buys a roadway before it has to be reconstructed; to move up the total reconstruction of 7:3'd Street from 20'" Avenue to Brian Drive to the current year; or do nothing to the roadway at this time and schedule the reconstruction of this roadway in a year or two. The City Council decided to let the affected residents have an opportunity to voice their opinion and directed Staff to mail out a survey with the options that Mr. Peterson presented to the City Council. To that end, Staff mailed out these questions 1 in a survey with a cover letter on June 14m explaining the intent of the survey and directions about how to return the survey to the City. This was the certified letter. that was inadvertently sent to you and your neighbor at 1862 - 7300 Street. . . The portion of the 2004 Street Construction project that does affect you because your lot is a comer lot, is the mill and overlay work that is planned for Peterson Trail from Fox Run to 73,d Street. I do recall that you did call and speak with Ms. Bender. When she reported your call to me, I called and spoke with you as well. It was my understanding that you just had a few questions about why you were sent the letter and that Ms. Bender had answered your questions to your satisfaction. I apologize ifI misunderstood our conversation, but I do not recall a request by you for a letter from the City reiterating the parameters of the 2004 Street Construction project. Hopefully, this letter satisfies your request and clears up any confusion. If you have any further questions or additional comments, please feel free to call me anytime at . City Hall, 651-429-3232. Sincerely, ~~ Kim Moore-Sykes City Administratqr CC: City Council Tom Peterson, City Engineer tervi{{e 'Esta6[i5fiet11857 1880 :Main Street . Cente1'Vi{fe, 'M!Af.. 55038 (651) 429.3232 .:Fmc (651) 429:8629 July 26, 2004 Mr. Dean Keller, President Spring Lake Park Lions 8433 Center Drive Spring lake Park, MN 55432 Dear Mr. Keller: The City of Centerville Parks & Recreation Committee has requested that I send a letter to you requesting financial assistance ip. the form of charitable gambling proceeds for the purpose of purchasing additional skate park. equipment for the Wheels Skate Park at Laurie LaMotte Memorial Park. The city has recently installed a permanent asphalt pad at the park and would like to expand with equipment estimated at $1,500. Any amount the Spring Lake Park Lions could donate towards this purchase would be greatly appreciated Thank you for your consideration of the Parks & Recreation Committee's request. If you have any questions or comments, please feel free to call me at City Hal~ 651-429-3232. CC: Tedd Peterson, Parks & Recreation Committee ervi{{e 1880 9vfait! Street . CenterviJ[e,9v0{ 55038 (651) 429-3232 .:r~ (651) 429-8629 July 26, 2004 Mr. Mark Larson Dead Broke Saddle Club P.O. Box 441 IIugo,~ 55038 Dear Mr. Larson: The City of Centel"Ville Parks & Recreation Committee has requested that I se~d a letter to you requesting financial assistance in the form of charitable gambling proceeds for the purpose of purchasing. additional skate park equipment for the Wheels Skate Park at Laurie LaMotte Memorial Park. The city has recently installed a permanent asphalt pad at the park and would like to expand with equipment estimated at $1,500. Any amount the Dead Broke Saddle Club could donate towards this purchase would be greatly appreciated Thank you for your consideration of the Parks & Recreation Committee's request. If you have any questions or comments, please feel free to call me at City Hall, 651-429-3232. Sincerely / ---- )/1 ~~/~- Kim Moore-Sykes City Aclministrator CC: Tedd Peterson, Parks & Recreation Committee Page 1 of2 Teresa Bender From: Brown, Dave [DBROWN@e-pbc.com) Sent: Friday, July 30, 2004 8:49 AM To: Teresa Bender Subject: RE: Eagle PasslParkview drainage problems Teresa, Thanks again for your help yesterday and with getting my concerns to the city council! I would also like to add that if work was to be done to correct the drainage problems I would consider allowing equipment access to the area from my property. Without being an expert as to how this problem would be corrected I don't know how the work would proceed. I just want the city to know that I would do whatever is necessary to get this problem resolved. The city has my full cooperation. Thanks, Dave Brown 1755 Meadow Lane Centerville, MN 55038 651-407-6332 763-689-1212, wk From: Teresa Bender [mailto:tbender@centervillemn.com] Sent: Wednesday, July 28, 2004 4:38 PM To: Brown, Dave Subject: RE: Eagle Pass/Parkview drainage problems Dear Mr. Brown: Thanks, I will forward same to Council for this evenings meeting. '/""""E"""'" <"11- i%k- <"11-4 ~ /880 malN~ &.tv.N!&. mn 550:38 u.., (65[) 429-:3232-",1:3 oP""" (65[) 429-8629 -----Original Message----- From: Brown, Dave [maiito:DBROWN@e-pbc.com] Sent: Wednesday, July 28, 2004 3:32 PM To: tbender@centervillemn.com Cc: dgb2003@Comcast.net SUbject: Eagle Pass/Parkview drainage problems Dear Teresa, Thank you for bringing me up to date on the telephone today regarding the ongoing drainage problems in my backyard and the adjacent neighboring lot. I received a recent memo from Tom Peterson and Bonestroo Rosene Anderlik that describes what is going to be done to correct this ongoing issue. I was 7130/2004 Page 2 of2 disappointed to read that the drainage issue would not be resolved. As I review the past correspondence I have regarding this problem I'm disappointed that Tom Peterson is changing his opinion as to what really needs to be done to correct this problem. I have a past memo that was sent to then City Administrator Jim March from Tom Peterson. In that memo Tom did recognize a drainage problem that he felt need to be corrected. Why wasn't it??? The city is responsible for inspecting all lot grading. Why is his changing his mind? It cannot be to save the pine trees in this area, because they are now dying due to excessive water damage. If saving the trees is a priority then maybe the trees should be temporarily removed, the grading re-done, and the trees put back, which is what was done during the Eagle Pass construction. I watched them do this. I fact they forgot to put some of the trees back and left them to die. As far as the drainage issues I have. I experience standing water every spring due to this problem. This year alone there was standing water from March through mid May. I had to deal with the stench associated with rotting weeds that are now more than 6 feet tall. Misquotes are so dense that it makes it difficult for me to enjoy the back yard that I pay a great deal of money for and continue to pay taxes on, which I might add are still among the highest in the state. Please tell me that something more can be done! Thank you! David G Brown 1755 Meadow Lane Centerville, MN 55038 651-407-6332 763-689-1212, wk 7/30/2004 l tervi[[e 'Esta6{ishea 1B57 1880 :Main Street . Centem[[e,:Jvf'J{ .55038 (651) 429.3232 . 'Fa;\( (651) 429.8629 July 30, 2004 Ms. Brenda Hayne 1832 Hayfield Road Centerville, MN 55038 Dear Ms. Hayne: You recently received a letter requesting you to abate/mow your lawn. The City appreciates the fact that you mowed your yard prior to receipt of the letter. However, the City requests that you trim around the foundation of your home and garage, shed, trees, mailbox and etc. also adhering to the ordinance in all respects as to the length of the grass. The City requests that you abate this violation within five (5) days of receipt of the letter (August 6, 2004). I would like to point out the fact that the previous letter that was sent to you granted you thirty (30) days to abate the violations; grass height and the wood pile, which deviated from Ordinance #54. Council has directed staff to follow the abatement process outlined in Section 5 of the ordinance reads: Abatement. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on the premises in the City, the officer shalllWtify in writing the owner/occupant of the premises of such fact and shall order that said rmisance be terminated and abated The notice shall be served in person or by certified or registered mail. The notice shall specify the steps to be taken to abate the rmisance and the time; not exceedingfive (5) days, within which the rmisance is to be abated Such notice shall also state that in the event ofnon- compliance, abatement will be done by the City of Centerville at the owner's expense. When no owner, occupant or agent of the owner can be found, notice shall be sent by registered mail to the person who is listed on the records of the county auditor or county treasurer as the owner; service will be complete with mailing. /fnotice is not complied with within the time specified, the enforcing officer shall abate the nuisance. Ordinance #54, Section 7 of the ordinance reads: Appeal. AIV' person aggrieved by a decision of the enforcing officer or his assistants, m~ appeal that decision to the City Council by filing a written request with the enforcing officer, or his assistants, within five (5) days of service of the notice provided herein. The enforcing officer, or his assistants, shall within five (5) days cause the appeal to be placed on the next regular City Council agenda and shall notify the appellant of the date, time, and place of such meeting. The , I City Council shall have authority to affirm, amend, or reject the decision of the enforcing officer, . I would also request that you have approximately (4) deadlbrown trees in the rear yard near the fence removed. The Zoning Administrator and Building Official deem this to be a nuisance and a violation of Ordinance #6. I have enclosed Ordinance #6 and Ordinance #6A for your reference. Ordinance #6A, Section 6, #1 of the ordinance reads: Whenever the Zoning Administrator or Chief Building Official finds with reasonable certainty that a public nuisance exists on any public or private property in the City of Centerville, he shall notify the qffected property owner by personal service or by certified mail that the nuisance must be abated within a reasonable time, not less than twenty (20) days from the date of service of the notice. Service by certified mail shall be deemed complete upon mailing. The order shall stdte with specificity the nature of the violations and the requirements for compliance. The order shall also state that the property owner may, within twenty (20) days of the date of the order request a hearing befare the Hearing Examiner and shall set out the procedure by which that hearing may be requested The order shall also state that failure to abate the nuisance or request a hearing within the applicable time periods will result in summary abatement procedures, and that the cost of abatement will be assessed against the subject property. Upon expiration of the time required by the notice, the zoning Administrator or Chief Building Official may abate the nuisance unless a request for a hearing has been timely filed Ordinance #6A, Section 6, #2 of the ordinance reads: Any property owner who feels aggrieved by an order of the Zoning Administrator or Chief Building Official issued pursuant to this ordinance may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the City Clerk within twenty (20) days after service of the notice by the Zoning Administrator or Chief Building OfficiaL The City Clerk shall notify the Hearing Examiner who shall notify the property owner of the date, time and place of the hearing. The hearing shall be conducted no more than ten (10) days afier the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the property owner and the City. Both the property owner and the City may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. The Hearing Examiner's order shall be accompanied by written findings of fact. Any person aggrieved by the decision of the Hearing Examiner may appeal that decision to the City Council by filing notice of such appeal with the office of the City Clerk. At its next available regular meeting, following the filing of a notice of appeal, the Council shall review the decision and findings of the fact of the Hearing Examiner and shall affirm, repeal or modify that decision. The City shall take no action to abate any nuisance while the matter is still pending before the Hearing Examiner or the City CounciL If both of the above stated violations are not abated within their corresponding tirneframes, the City of CenterviIle will exercise their right to abate the violations and recover costs for same pursuant to Minnesota State Statute 429.101. If you have any questions or concerns, please feel free to contact me. Sincerely, ~-y/~~ Teresa Bender City Clerk Cc: City Council Mr. Jim Hoeft, City Attorney City Administrator Building OfficialJPW. Director ,tervi{{e 'Esta!j[isfid 1857 1880 'Main Street . CenteT1Ji{[e, 'MN.. 55038 (651) 429-3232 . J'a>:. (651) 429-8629 July 30, 2004 Mr. Don Martin 6923 Tourville Circle Centerville, MN 55038 Dear Mr. Martin: Recently, the City received a complaint in regards to debris (ladders, hoses, lawnmowers, etc.) located near your garage in your yard. The Chief Building Official and Zoning Administrator both deem this to be a nuisance and a violation of Ordinance #6. I have enclosed Ordinance #6 and Ordinance #6A for your reference. Ordinance #6A, Section 6, #1 of the ordinance reads: Whenever the Zoning Administrator or Chief Building Official finds with reasonable certainty that a public nuisance exists on any public or private property in the City 0/ Centerville, he shall notify the qlJected property owner by personal service or by certified mail that the nuisance must be abated within a reasonable time, not less than twenty (20) days from the date of service of the notice. Service by certified mail shall be deemed complete upon mailing. The order shall state with specificity the nature of the violations and the requirements for compliance. The order shall also state that the property owner may, within twenty (20) days of the date of the order request a hearing before the Hearing Examiner and shall set out the procedure by which that hearing may be requested The order shall also state that failure to abate the nuisance or request a hearing within the applicable time periods will result in summary abatement procedures, and that the cost of abatement will be assessed against the subject property. Upon expiration of the time required by the notice, the zoning Administrator or Chief Building Official may abate the nuisance unless a request for a hearing has been timely filed Ordinance #6A, Section 6, #2 of the ordinance reads: Any property owner who feels aggrieved by an order of the Zoning Administrator or Chief Building Official issued pursuant to this ordinance may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the City Clerk within twenty (20) d0's afier service of the notice by the Zoning Administrator or Chief Building Official. The City Clerk shall notify the Hearing Examiner who shall notify the property owner of the date, time and place of the hearing. The hearing shall be conducted no more than ten (10) days after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the property owner and the City. Both the property owner and.the City may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. The Hearing Examiner's order shall be accompanied by written findings of fact. Any person aggrieved by the decision of the Hearing Examiner may appeal that decision to the City Council by filing notice of such appeal with the office of the City Clerk. At its next available regular meeting, following the filing of a notice of appeal, the Council shall review the decision and findings of the fact of the Hearing Examiner and shall affirm, repeal or modify that decision. The City shall take no action to abate any nuisance while the matter is still pending before the Hearing Examiner or the City Council. . If both of the above stated violation is not abated within the corresponding timeframes, the City of CenterviIIe wiIl exercise their right to abate the violations and recover costs for same pursuant to Minnesota State Statute 429.101. If you have any questions or concerns, please feel free to contact me. Sincerely, C~~ Teresa Bender City Clerk, MCMC Cc: City Council Mr. Jim Hoeft, City Attorney City Administrator Building OfficiaIIP.W. Director ~ City of Centerville CASH/GENERAL LEDGER BALANCE RECONCILIATION July 31, 2004 Balance per Bank Statement Mainstreet Bank Checking Account #3017115 $560,883.30 Total Checking Account $560,883.30 Add Outstanding Deposits $0.00 Total Outstanding Deposits $0.00 Less Outstanding Checks See attached list ($102,700.58) Total Outstanding Checks ($102,700.58) Checking Account Balance $458,182.72 Add Investments See attached list $9,286,553.86 Total Investments $9,286,553.86 TOTAL CASH PER BANK $9,744,736.58 Ajustment for Outstanding EFT ($277.10 TOTAL REVISED CASH PER BANK $9,744,459.48 - TOTAL CASH PER GENERAL LEDGER $9,744,459.48 July 31,2004 DIFFERENCE BETWEEN BANK AND GENERAL LEDGER $0.00 8/4/2004 9:15PM bank reconciliation Jul 04.xls City of Centerville Schedule of Cash and Investments Month Ended Julv 31, 2004 Account Number Face or Interest uisitloll Call Du. YTD Account Value .... Date D... Date lr.t9l'est Malnstreet Bank Checkin 3017115 $457,905,62 0.10% $238.67 Flexible CD Savin 1321332 $2,an,877 .66 2.00% 06/26J03 $13,725.61 CertiflcateofDe osil 300195 $108.149.11 4.50% 10(10(02 10110107 $3,572,62 Certlfica!e of Dsnosil 300196 $213,320.31 3.70% 10/10102 1Q(10/04 $5,617.00 Certificate~:si\ 300197 $214,432.88 4.00% 10/10/02 10/10/05 $6,312.08 Certificate of De oslt 300198 $0.00 2.45% 10/10/02 04/10104 $1,387.96 Certificate of De sit 300209 $156,480,26 4,10% 10/24102 10124/05 $4,719.00 CertfficateofDe osil 300259 $157,469.61 3.25% 12/05(02 06105105 $2,534.8a Certll1cate of Denosil 300265 $209,959.48 3.25% 12/13102 06/13105 $3,379.83 Certifica.teof osi\ 300266 $158,645.82 3.75% 12/13102 12/13/07 $2,941.22 Certificate of De osit 3Qi)2.67 $0.00 2,30% 12/13/02 06/13/04 $1,194.09 Certificate of De sit 300272 $103,967,61 2.60% 12117102 12/17104 $1,342,15 CertiflcateofDe osll 300273 $104,979.73 3,25% 12/17(02 06/17/05 $1,689.91 Certificate of Denosll 300348 $207,497.08 2.95% 04/16/03 10/16105 $4,528.06 CertifICate of De it 300375 $0.00 2.01% 06J03/03 03103/04 $503.64 Certificate of De asit 300377 $0.00 2,01% 06109/03 03/09104 $1,150.49 Certificate of De asH 300382 $.0.00 2.01% 06110/03 03110/04 $755.46 Certificate of De sit 300449 $.153,795.78 2.50% OBl01/0J 11101104 $2,850.57 CertiflcaleofDe '" 300561 $101,888,97 3.80% 12/04/03 12/04/08 $.1,888.97 Certificate of ~t 300562 $101,257.35 2.52% 12104103 12/04106 $1,257.35 Certificate of D~sit 300563 $200,000.00 2.10% 12104/03 11/04104 $0.00 Certificate of De osit 300564- $200,000.00 2.10% 12104103- 11104104 $0.00 Certlficate of De sit 300565 $100,000.00 2.10% 12104/03 11104/04 $0,00 Certifica\e of De sit 300566 $253,143.38 2.50% 12112/03 12/12106 $3,143.38 Certiflcate of De osit 300567 $100,000.00 2.10% 12/12103 11/12/04 $0.00 Certificate of DeMosH 300573 $100,000.00 2.10% 12116103 11/16104 $0.00 Certificate of De osH 300583 $101,106.05 220% 12/18/03- 12/18/05 $1,106.05 Certificate of De osit 300584 $101,257,35 2.50% 12118103 12/18106 $1,257.35 Certificate of De 0Sil. 300587 $101,106.05 2.20% 12119/03 12/19/05 $1.106.05 Certificate of De , 300580 $100,612.49 2.45% 03109104 09109/05 $612.49 Certificate of Oe;:;oSi! 300704 $151,493.42 4.00% 03l23I04 03/23/09 $1,493.42 Certificate of oe;:;osit 300705 $150,964.11 2.55% 03123104 03/23106 $964.11 Certificate of De osit 300733 $113,447.49 2.28% 04/12/04 07(12105 $641.23 Certif\cateof II 300769 $200,000.00 2.73% 05118/04 11118/06 $0.00 $7295,757.61 $72,113.84 U.S, Bank Certificate of O;;;-osit 3006093151 $0.00 2.47% 07/12/74 07/12104 $45.76 Cerlfficate of Oe;x.sH 4670 $0,00 2.47% 12130/76 06130/04 $55.16 $0.00 100.92 MBIA 4M Fund MN.01.0034.0001 $5,083.82 0.64% $20.61 $5,083.82 $20.61 SmlttlBam Mon~Funds 8tnilhBarne $20,689.01 0,59% $370.17 Certificate of De II Ca (tal One $100,000.00 4,'00% 11113101 11122106 $2,859.44 Certifi~te of De osit Direct Merchants $100,000.00 5.85% 0007101 06114106 $3,413.83 Certificate of De osit ste 6.5% Fir"5t Bank PR $0.00 4.00% 06105102 06f26/04 06/26/09 $1,925.26 Certificate ~~l\ discounted' CIB Bank IL $89,100.00 4.00% 03128103 03128/04 03/28/11 $1,795.07 Certifi~teof osit Lehmann Bros. $96,000.00 4,60% 12/30103 06130/04 12/30/10 $2,577,02 Certfficateof~osil Co Bank $96,000,00 5.125% 06129/04 06129105 06129f11 $0.00 Certificate of De osit Hemis here Bank $96,000.00 3.600% OS/25/(\4 06J2S!07 $0.00 FHlMC ste ,,', 3133FO.WT-2 $0.00 3,00% 10118102 10f15(03 10(15109 $2,498,17 FHLMCM 312925-BR-O $0.00 5.25% 06105102 03/18/04 03l1B109 $6,693.75 fNMA 3136F2-WY.c $0.00 4.50% 12113102 12/11/03 06111110 $1,837.50 FNMA 3136F2.X7-8 $205000.00 4.00% 02107/03 02106104 08106110 $4,100.00 FHlMC discounted 3128X1-MZ.7 $99,750.00 3.00% Q6I3Of03 12f3-OJ03 06130109 $1,500.00 FHlBC 31339X-RD.8 $100,000.00 3.25% 06130/03 09130/03 12f3af08 $1,625.00 FHlMC 3133FG-2C.2 $150,000.00 4.00% 08/14103 08/15/04 02115/09 $3,500.00 FNMA 31363F3-2K.1 $0.00 4.00% 09/10/03 11113/03 2/13/09 $5,099.44 FHlMC 3128X1-7F.8 $100,000.00 3.50% 11128103 12106/04 12/06/11 $1827.78 FNMA 3136F4.GB-1 $0.00 4,00% 12130103 03103-104 12130/08 $2,500,00 FHlMC ". ",. 3128X2.ZU-2 $99,937.50 4.00% 03/17/04 03/17/05 09f17112 $0.0<1 FHlMC ". ca" 3128)(2.87.1 $150,000.00 3.50% 03124/04 03124/05 09/24/12 $0.00 FHlMC 3133F1-0H-7 $150,000.00 4.00% 03125104 03115/05 03/15/12 $1,833.33 FHlBC 3133X5-N5.3 $250,000.00 4.25% 04/19/04 07/19/04 10/19/11 $0.00 FNMA 3136F5-QC.8 $200,394.17 4,73% 04122104 07108104 04108111 $0,00 FHlBC 3133X1-AW.7 $100,411.37 4.00% 05lO6fD4 09/29/04 09129/08 $0.0<1 FNMA 3-136F5.YM.8 $140,336.00 4.80% 05106104 08/06104 11106/09 $0.00 FHlBC 3133X7-lp.7 $100,000.00 4.03% 06128/04 09128104 09/28107 $0.00 $2,443,618.05 $45,953.76 TOTAl. CASH AND INVESTMENTS $9,744,459,48 $118,188.93 P. Cash Chan e Fund Kim $100.00 ~st Kris $100.00 TotalPe Cash $200.00 8/412004 9:31 PM ~ schedule of investments Jul04.xls . . CITY OF CENTERVILLE Cash Balances 08/04/04 9: 12 PM Page 1 Current Period: JULY 2004 MTD MTD Current FUND Oeser Account Debit Credit Balance Cash GENERAL FUND G 101-10100 $978,860.30 $224,469.45 $1,072,201.88 MOUND TRAIL DEBT SERVICE G 306-10100 $0.00 $0.00 $21,586.00 21ST AVE IMP DEBT SERVICE G 308-10100 $1,698.56 $0.00 $36,341.04 MUNI STREET IMP DEBT SERVICE G 312-10100 $0.00 $0.00 $61,298.75 IND PARK TIF 1-4 DEBT SERV G 317-10100 $19,875.02 $18,881.27 -$7,666.66 PARKVIEW DEVELOPMENT DEBT SERV G 324-10100 $1,182.71 $7,587.50 $302,562.65 ELEM WATER MAIN EXT DEBT SERV G 325-10100 $5,826.58 $0.00 $5,009.50 G.O. Bond Pheasant I 2001 G 327-10100 $0.00 $18,172.50 $547,003.54 G.O. Bond Hunters Crossing I G 336-10100 $1,662.73 $2,602.50 $150,497.07 PHEASANT MARSH II G.O. 2002 G 342-10100 $0.00 $11,185.00 $822,654.29 PEL TIER PRESERVE DEBT SERVICE G 345-10100 $26,541.28 $402.50 $276,959.87 Hunters Crossing II G.O. Bond G 346-10100 $0.00 $0.00 $20,989.96 PARK CAPITAL PROJECT G402-10100 $2,777.16 $0.00 $315,120.62 MUNI STREET CAPITAL PROJECT G 412-10100 $0.00 $235,697.02 $1,635,219.87 PEDESTRIAN TRAil WAYS G 414-10100 $0.00 $0.00 $12,500.00 STORM WATER IMP PROJECTS G 415-10100 $2,240.49 $6,762.02 5274,980.98 HEASANT MARSH G 438-10100 $0.00 $0.00 $153,910.64 THE SHORES G 440-10100 $0.00 $0.00 $216.02 EAGLE PASS 2ND ADDN G 441-10100 $0.00 $1,600.10 $57,381.06 PHEASANT MARSH II G 442-10100 $0.00 $944.61 $106,498.05 PHEASANT MARSH III G 443-10100 $0.00 $144.00 $8,862.60 PEL TIER PRESERVE PROJECT G 445-10100 $0.00 $954.88 $259,746.31 HUNTERS CROSSING PHASE II G 446-10100 $0.00 $134,384.07 $306,196.66 WATER FUND G 601-10100 $43,617.35 $16,081.37 $1,226,465.57 SEWER FUND G 602-10100 $46,196.80 $21,670.33 $2,044,127.82 CABLE TV FUND G 614-10100 $0.00 $239.38 $16,095.61 SAVINGS & CD INTEREST G 619-10100 $17,699.78 $0.00 $17,699.78 Total Cash .1,148,178.76 $701,778.50 $9,744,459.48 GranC/ Total .1,148,178.76 $701,778.50 $9,744,459.48 PURCHASE ORDER ~.I} 1976 CITY OF CENTERVILLE I Special Instructions: I 1880 Main Street Centerville, Minnesota 55038.9794 Phone: 612-429-3232 Vendor f{J/- fJ~rer- L ~ ~JO QUANTITY AMOUNT CODE TO: TE DEPT. HEAD DATE: UN UD ET D TOTAL '7 :> , 2.- APPROVALS FINANCE ADMINISTRATOR DATE: DATE: WHITE. Vendor Copy YELLOW. Depl. Copy PINK. Accounting Copy Figure B. When Are Transportation Expenses Deductible? Most employees and self-employed persons can use this chart. (Do not use this chart if your home is your principal place of business. See Office in the home.) . ",. ",'" -'~fN.;'\\P~ "(!<# ."!J>$J"o.... ~~ o#~,;J.o:s-'tj <:f ,"',; ~ :JI Temporary work location '" :~~ys ~ctibl. Never deductible ~ ~ lJ3o_~ .h ~",'I:j';;bor Always deductible .~ Home :JI Second job Home: The place where you reside. Transportation expenses between your home and your main or regular place of work are personal commuting expenses. Regular or main job: Your principal place of business. If you have more than one job, you must determine which one is your regular or main job. Consider the time you spend at each, the activity you ha\le at each, and the income you earn at each. Temporary work location: A place where your work assignment is realistically expected to last (and does in fact last) one year or less. Unless you have a regular place of business, you can only deduct your transportation expenses to a temporary work location ~ your metropolitan area. Second job: If you regularly work at two or more places in one day, whether or not for the same employer, you can deduct your transportation expenses of getting from one workplace to another. You cannot deduct your transportation costs between your home and a second jab on a day off from your main job. . Getting from your home to a temporary workplace when you have one or more regular places of work. These temporary workplaces can be either within the area of your tax home or outside that area. Transportation expenses do not include ex- penses you have while traveling away from home overnight. Those expenses are travel ex~ penses which are discussed in chapter 1. How~ ever, if you use your car while traveling away from home overnight, use the rules in this chap- ter to figure your car expense deduction. See Car Expenses, later. 4. Transportation This chapter discusses expenses you can de- duct for business transportation when you are not traveling away from home as defined in chapter 1. These expenses include the cost of transportation by air, rail. bus, taxi, etc., and the cost of driving and maintaining your car. Transportation expenses include the ordi- nary and necessary costs of all of the following. . Getting from one workplace to another in the course of your business or profession when you are traveling within the city or general area that is your tax home. Tax home is defined in chapter 1. . Visiting clients or customers. . Going to a business meeting away from your regular workplace. Illustration of transportation expenses. Fig- ure B illustrates the rules that apply for deduct- ing transportation expenses when you have a regular or main job away from your home. You may want to refer to it when deciding whether you can deduct your transportation expenses. Temporary work location. Jfyou have one or more regular work locations away from your home and you commute to a temporary work location in the same trade or business, you can deduct the expenses of the daily round-trip Page 14 Chapter 4 Transportation transportation between your home and the tem- porary location, regardless of distance. If your employment at a work location is realisticaUy expected to last (and does in fact last) for 1 year or less, the employment is tempo- rary unless there are facts and circumstances that would indicate otherwise. If your employment at a work location is realistically expected to last for more than 1 year or if there is no realistic expectation that the employment will last for 1 year or less, the em- ployment is not temporary, regardless of whether it actually lasts for more than 1 year. If employment at a work location initially is realisti- cally expected to last for 1 year or less, but at some later date the employment is realistically expected to last more than 1 year, that employ- ment will be treated as temporary (unless there are facts and circumstances that would indicate otherwise) until your expectation changes. It will not be treated as temporary after the date you determine it will last more than 1 year. If the temporary work location !s beyond the general area of your regular place of work and you stay overnight, you are traveling away from home. You may have deductible travel ex- penses a5 discussed in chapter 1. No regular place of work. If you have no regular place of wort< but ordinarily work. in the metropolitan area where you live, you can de- duct daily transportation costs between home and a temporary work site outside that metro- politan area. Generally, a metropolitan area includes the area within the city limits and the suburbs that are considered part of that metropolitan area. You cannot deduct daily transportation costs between your home and temporary work sites within your metropolitan area. These are non- deductible commuting expenses. Two places of work. tfyou work at two places in one day, whether or not for the same em- ployer, you can deduct the expense of getting from one workplace to the other. However, iffor some personal reason you do not go directly from one location to the other, you cannot de- duct more than the amount it would have cost you to go directly from the first location to the second. Transportation expenses you have in going between home and a part-time job on a day off from your main job are commuting expenses. You cannot deduct them. Armed Forces reservists. A meeting of an Armed Forces reserve unit is a second place of business if the meeting is held on a day on which you work at your regular job. You can deduct the expense of getting from one workplace to the other as just discussed under TWD places of work. You usually cannot deduct the expense if the reserve meeting is held on a day on which you do not work at your regular job. In this case, your transportation generally is a nondeductible com- muting expense. However, you can deduct your transportation expenses if the location of the meeting is temporary and you have one or more regular places of work. If you ordinarily work in a particular metropol~ itan area but not at any specific location and the reserve meeting is held at a temporary location outside that metropolitan area, you can deduct your transportation expenses. If you travel away from home overnight to attend a guard or reserve meeting, you can deduct your travel expenses. These expenses are discussed in chapter 1. If you travel more than 100 miles away from home in connection with your performance of services a5 a member of the rese/Ves, you may be able to deduct some of your reserve-related travel costs as an adjustment to gross income rather than as an itemized deduction. For more information, see Armed Forces Reservists Trav. eling More Than 100 Miles From Home under Special Rules, in chapter 6. Commuting expenses. You cannot deduct the costs of taking a bus, trolley, subway, or taxi, or of driving a car between your home and your main or regular place of work. These costs are personal commuting expenses. You cannot de- duct commuting expenses no matter how far your home is from your regular place of work. You cannot deduct commuting expenses even if you work during the commuting trip. Example. You had a telephone installed in your car. You sometimes use that telephone to make business calls while commuting to and from work. Sometimes business associates ride with you to and from work, and you have a business discussion in the car. These activities do not change the trip from personal to busi- ness. You cannot deduct your commuting ex- penses. Parking fees. Fees you pay to park your car at your place of business are nondeductible commuting expenses. You can, however, de~ duct business-related parking fees when visiting a customer or client. Advertising display on car, Putting display material that advertises your business on your car does nat change the use of your car from personal use to business use. If you Use this car for commuting or ather personal uses, you still cannot deduct your expenses for those uses. Car pools. You cannot deduct the cost af using your car in a nonprofit car pool. Do not include payments you receive from the passen- gers in your income. These payments are con- sidered reimbursements at your expenses. However, if you operate a car pool for a profit, you must include payments from passengers in your income. You can then deduct your car expenses (using the rules in this publication). Hauling tools or instruments. Hauling tools or instruments in your car while commuting to and from work does not make your car ex~ penses deductible. However, you can deduct any additional costs you have for hauling tools or instruments (such as for renting a tra.ller you tow with your car). Union members' trips from a union hall. If you get your work assignments at a union hall and then go to your place of work, the costs af getting from the union hall to your place of work are nondeductible commuting expenses. Al- though you need the union to get your work assignments, you are employed where you work, not where the union hall is located. Office in thE\! home. If you have an office in your home that qualifies as a principal place of business, you can deduct yoor daily transporta- tion costs between your home and another work location in the same trade or business. (See Publication 587, Business Use of Your Home, far information on determining if your home of- fice qualifies as a principal place of business.) 1_ Examples of dedu ctible transportation. The following examples show when you can deduct transportation expenses based on the location of your work and your home. Example 1. You regularly work in an office in the city where you live. Your employer sends you to a one-Week training session at a different office in the same city. You travel directly from your home to the training location and return each day. You can deduct the cost of your daily round~trip transportation between your home and the training location. Example 2. Your principal place of business is in your home. You can deduct the cost of round~trip transportation between your qualify- ing home office and your client's or customer's place of business. Example 3. You have no regular office, and you do not have an office in your home. In this case, the location of your first business contact is considered your office. Transportation ex- penses between your home and this first contact are nondeductible commuting ex.penses. Trans- portation expenses between your last business contact and your home are also nondeductible commuting expenses. Although you cannot de~ duct the costs of these trips, you can deduct the costs of going from one client or customer to another. Car Expenses If yau use your car for business purposes, you ordinarily can deduct car expenses. You gener~ ally can use one of the two following methods to figure your deductible expenses. . Standard mileage rate. . Actual car expenses. If you use actual expenses to figure your de- duction for a car you lease, there are rules that affect the amount of your lease payments that you can deduct. See Leasing a Car, later. In this publication, "ca( includes a van, pickup, or panel truck. For the definition of "car" for depreciation purposes, see Car defined under Actual Car Expenses, 'ater, S You may be entitled to a tax credit for TIP an electric vehicle or a deduction from gross income for a part of the cost of a clean-fuel vehicle that you place in service dUr- ing the year. The vehicle must meet certain requirements, and you do not have to use it in your business to qualify for the credit or the dedUction, However, you must reduce your ba- sis for depreciation of the electric vehicle or clean-fuel vehicle property by the amount of the credit or deduction you claim. See Depreciation Deduction, later, under Actual Car Expenses. For more information on electric or clean-fuel vehicles, see chapter 12 of Publication 535. Rural mail carriers. If you are a rural mail carrier, you may be able to treat the qualified reimbursement you received as your allowable expense. Because the qualified reimbursement is treated as paid under an accountable plan, your employer should 110t include the reimburse. ment in your income. And, since the reimburse- ment equals the expense, you have no deduction to report on yaur tax return. A "qualified reimbursement" is the reim- bursement you receive that meets both of the following conditions. 1) It is given as an equipment maintenance allowance (EMA) to employees of the U.s. Postal Service. 2) It is at the rate contained in the 1991 col. lective bargaining agreement. Any later agreement cannot increase the qualified reimbursement amount by more than the rate of inflation. See your employer for information on your reim- bursement. m If you are a rural mail carrier and re- I calved a qualified reimbursement, you . , cannot use the standard mileage rate. Standard Mileage Rate You may be able to use the standard mileage rate to figure the deductible costs of operating your car for business purposes. For 2003, the standard mileage rate is 36 cents a mile for all business miles. This rate is adjusted periodi~ cally. m If you use the standard mileage rate for I a year, you cannot deduct your actual . , car expenses for that year. You cannot deduct the special depreciation allowance (and you do not need to make the election not to claim the allowance), depreciation, or lease pay- ments, maintenance and repairs, gasoline (in~ eluding gasoline taxes), oil, insurance, and vehicle registration fees. See Choosing the standard mileage rate and Standard mileage rate not allowed, later. You generally can use the standard mileage rate whether or not yau are reimbursed and whether or not any reimbursement is more or less than the amount figured using the standard mileage rate. See chapter 6 for more infonnation on reimbursements. Choosing the standard mileage rate. If you want to use the standard mileage rate for a car you own, you must choose to use it in the first year the car IS available for use in your business. Then in later years, you can choose to use either the standard mileage rate or actual expenses. If you want to use the standard mileage rate for a car you lease, you must use it for the entire lease period. For leases that began on or before December 31,1997, the standard mileage rate must be used for the entire portion of the lease period (including renewals) that is after 1997. If you choose to use the standard mileage rate, you are considered to have chosen not to use the depreciation methods discussed later. This is because the standard mileage rate in- cludes an allowance for depreciation that is not expressed in terms of years. If you change to the actual expenses method in a later year, but before your car is fully depreciated, you have to estimate the remaining' useful life of the car and use straight line depreciation. For more informa. tion about depreciation included in the standard mileage rate, see Exception under Methods of depreciation under Depreciation Deduction, later. Standard mileage rate not allowed. You cannot use the standard mileage rate if you: Chapter 4 Transportation Page 15 .. 1) Use the car for hire (such as a taxi), 2) Use two or more cars at the same time (as in fleet operations), 3) Claimed a depreciation deduction for the car using any method other than straight line, for example, MACRS (as discussed later under Methods of depreciation under Depreciation Deduction), 4) Claimed a section 179 deduction (dis- cussed later) on the car, 5) Claimed the special depreciation allow- ance (discussed later) on the car, 6) Claimed actual car expenses after 1997 for a car you leased, or 7) Are a rural mail carrier who received a qualified reimbursement. (See Rural mail carriers under Car Expenses, earlier.) Two or more cars, If you own two or more cars that are used for business at the same time, you cannot use the standard mileage rate forthe business use of any car. However, you may be able to deduct your actual expenses for operat- ing each of the cars in your business. See Actual Car Expenses, later, for information on how to figure your deduction. You are not using two or more cars for busi- ness at the same time if you alternate using (use at different times) the cars for business. The following examples illustrate the rules for when you can and cannot use the standard mileage rate for two or more cars. Example 1. Marcia, a salesperson, owns a car and a van that she alternates using for call- ing on her customers. She can use the standard mileage rate for the business mileage of the car and the van, Example 2. Tony uses his own pickup truck in his landscaping business. During the year, he traded in his old truck for a newer one. Tony can use the standard mileage rate for the business mileage of both the old and the new trucks. Example 3. Chris owns a repair shop and an insurance business, He uses his pickup truck for the repair shop and his car for the insurance business. No one else uses either the truck or the car for business purposes. Chris can use the standard mileage rate for the business use of the truck and the car. Example 4. Maureen owns a car and a van that are both used in her housecleaning busi- ness. Her employees use the van and she uses the car to travel to the various customers, Mau- reen cannot use the standard mileage rate for the car or the van, This is because both vehides are used in Maureen's business at the same time. She must use actual expenses for both vehicles, Interest If you are an employee, you cannot deduct any interest paid on a car loan. This applies even if you use the car 100% for busi- ness as an employee. However, if you are self-employed and use your car in your business, you can deduct that part of the interest expense that represents your business use of the car. For example, if you use your car 60% for business, you can deduct 60% of the interest on Schedule C (Form 1040). You cannot deduct the rest of the interest expense. Page 16 Chapter 4 Transportation 8 If you use a home equity loan to TIP purchase your car, you may be able to deduct the interest. See Publication 936, Home Mortgage Interest Deduction, for more information. Personal property taxes. If you itemize your deductions on Schedule A (Form 1040), you can deduct on line 7 state and local personal prop- erty taxes on motor vehicles. You can take this deduction even if you use the standard mileage rate or if you do not use the car for business. If you are self-employed and use your car in your business, you can deduct the business part of state and local personal property taxes on motor vehicles on Schedule C, Schedule C-EZ, or Schedule F (Form 1040). If you itemize your deductions, you can include the remainder of your state and local personal property taxes on the car on Schedule A (Form 1040). Parking fees and tolls. In addition to using the standard mileage rate, you can deduct any business-related parking fees and tolls. (Parking fees that you pay to park your car at your place of work are nondeductible commuting ex- penses.) Sale, trade-in, or other disposition. If you sell, trade in, or otherwise dispose of your car, you may have a gain or loss on the transaction or an adjustment to the basis of your new car. See Disposition of a Car, later, Actual Car Expenses If you do not use the standard mileage rate, you may be able to deduct your actual car expenses, 8 If you qualify to use both methods, you TIP may want to figure your deduction both ways to see which gives you a larger deduction. Actual car expenses include: Depreciation Lease Licenses payments Gas Insurance Oil Garage rent Tolls Parking fees If you have fully depreciated a car that you still use in your business, you can continue to claim your other actual car expenses. Continue to keep records, as explained later in chapter 5. Registration fees Repairs Tires Business and personal use. If you use your car for both business and personal purposes, you must divide your expenses between busi- ness and personal use. You can divide your expense based on the miles driven for each purpose. Example. You are a sales representative for a clothing firm and drive your car 20,000 miles during the year: 12,000 miles for business and 8,000 miles for personal use, You can claim only 60% (12,000 + 20,000) of the cost of oper~ ating your car as a business expense. Employer-provided vehicle. If you use a ve- hicle provided by your employer for business purposes, you can deduct your actual un- reimbursed car expenses. You cannot use the standard mileage rate. See Vehicle Provided by Your Employer in chapter 6. Interest on car loans. If you are an employee, you cannot deduct any interest paid on a car loan. This interest is treated as personal interest and is not deductible, If you are self-employed and use your car in that business, see Interest, earlier, under Standard Mileage Rate. Taxes paid on your car. If you are an em- ployee, you can deduct personal property taxes paid on your car if you itemize deductions. Enter the amount paid on line 7 of Schedule A (Form 1040). You cannot deduct sales taxes, even if you use your car 100% for business. Sales taxes are part of your car's basis and are recovered through depreciation. See Special Depreciation Allowance and Depreciation Deduction, later. Fines and collateral. You cannot deduct fines and collateral you pay for traffic violations. Casualty and theft losses. If your car is dam- aged, destroyed, or stolen, you may be able to deduct part of the loss that is not covered by insurance. See PubliCation 547, Casualties, Di- sasters, and Thefts, for information on deducting a loss on your car. Depreciation and section 179 deductions. Generally, the cast of a car, plus sales tax and improvements, is a capital expense. Because the benefits last longer than one year, you gen- erally cannot deduct a capital expense. How- ever, you can recover this cost through the section 179 deduction (the deduction allowed by section 179 of the Intema! Revenue Code), the special depreciation allowance, and deprecia- tion deductions. Depreciation allows you to re- cover the cost over more than one year by deducting part of it each year, The section 179 deduction, special depreciation allowance, and the depreciation deduction are discussed later. Generally, there are limits on these deduc~ tions. Special rules apply if you use your car 50% or less in your work or business. You can claim a section 179 deduction, the special depreciation allowance, and use a de- preciation method other than straight line only if you do not use the standard mileage rate to figure your business-related car expenses in the year you first place a car in service, If you claim either a section 179 deduction, the special depreciation allowance, or deprecia- tion using a method other than straight line for its estimated useful life in the year you first place a car in service, you cannot use the standard mileage rate on that car in any future year. Car defined. For depreciation purposes, a car is any four-wheeled vehicle (including a truck or van) that is made primarily for use on public streets, roads, and highways. Its unloaded gross vehicle weight (gross vehicle weight in the case of a truck or van) must not be more than 6,000 pounds. A car includes any part, component, or other item that is physically attached to it or is usually included in the purchase price. A car does not include: 1) An ambulance, hearse, or combination ambulance~hearse used directly in a busi- ness, or 2) A vehicle used directly in the business of transporting persons or property for payor hire. 3) A truck or van that is a qualified nonper- sana/ use vehicle. ~ Trucks ,and vans. For purposes of depreci- ation, the term "trucks and vans" refers to pas- senger automobiles that are built on a truck chassis, including minivans and sport utility ve- hicles (SUVs) that are bullt on a truck chassis. ~ L