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HomeMy WebLinkAbout2004-06-09 Handouts ." Butts, Sandberg and Schneider, LLP Attorneys at Law 155 So. Lake Street Forest Lake, Minnesota 55025 Steve L. Butts* James F. Schneider . David S. Sandberg (Retired) Telephone (651) 464-6162 Fax: (651) 464-8180 June 9, 2004 ~'dcg)~ h<Ij, #~@ 4JJ' fJ~)/ Mayor Terry Sweeney City of Centerville 1880 Main Street Centerville, MN 55038 Re: Petition For Vacation Of Mill Road Extension/Eighth Street Submitted By Clay Alcock Dear Mayor Sweeney: I represent Teri and Lawrence Perron, fee owners oflands lying immediately adjacent to andjust westerly of the above-referenced street. Please accept this letter as a full and complete written objection to the proposed vacation, which matter comes up for discussion this evening. The Perrons object to the proposed vacation for the following reasons: 1. Eighth Street, as shown and located in the plat of Peterson's Addition to Centerville, was dedicated to the public at the time of filing said plat for two reasons: to provide access to Lots ] and 2, Block 2, and Lot 13, Block I, and also to provide access to lands lying south of said plat. The lands lying south of said plat now have access from a different direction, but one of the original reasons, providing access to the lots within the plat, still remains. Mr. Peterson, the party who originally platted this land, originally built and lived in the Perron homestead, and at me tune Olll:s \;Vll;)UU,",,~vu, ~:~~~_~ ~~; ;.:::.;:: ::: ~\..'" D..._,," property very close to the west side of Eighth Street. This was obviously done with the assumption and understanding that Eighth Street would then and always would be a public street, providing ample and proper access to said garage areas, and thus the garages could be placed very close to the west line of Eighth Street. If Eighth Street is vacated, the Perrons will thereafter own and have access to only the westerly 33 feet of the 66-foot width, which will not provide them adequate room for their access purposes to their garage area, particu]arly in such instances where boat or other accessory trailers are being backed or maneuvered into the garage area. If Eighth Street is vacated, the proper and necessary accesS to the Perron garages will be limited to an extent not acceptable to the Perrons. 2. Eighth Street was original]yp]atted as a public roadway as and for the use of the above-referenced lots in Peterson's Addition to Centervil]e. That original intent and original purpose for which it was established is still true today, and the road should not be vacated when it is still being used for the purpose for which it was originally intended. *Real Property Law Specialist Certified by the Real Property Law Section of the Minnesota Bar Association . 3. As I understand it, under your ordinances, following vacation, the Perron and Alcock driveways must be relocated to be not closer than 10 feet from the resulting property line. This would necessitate the installation of two separate driveways onto Main Street or County State Aid Highway 14, which, from a safety standpoint, would be confusing to drivers along Main Street. It does not appear that vacation of the road would be in the community's best interest. 4. Based on sketches of this property, it appears that the existing paved apron. or driveway which was apparently installed by Mr. Alcock, will overlap onto the Perron property following vacation, and such encroachment will be a cloud on the Perron title. Therefore, the vacation should not proceed, as it will affect my client's title unfavorably. I am providing the original of this letter to Teri and Lawrence Perron, and they will appear at the meeting this evening, with additional copies for each member of the City Council. I am also faxing a copy of this letter to Jennifer Thulien Smith, attomey for Clay Alcock. Thank you. Sinc2tM 1;;. ~ Steve L. Butts SLB/bjb cc: Jennifer Thulien Smith (by fax) -2- ,. . t l l , ) , , f I 'l . t' J \ . \ \' . D ' , rf ~ I , , 1 ; """"Z.--7 l 1 . f . . . . ~. ~. ~ e. " = '''~ Road i r:J'} ----- r- , :I:'"'C Q n e ~ n = Garage I Alcock House I-l ~ ~ I-l t-J I ~-- ~ .,...<:- ~ ' <v >- n n .... -r r, - "-- ~ ~. ~ "\:.. It FAX NO. :6514648180 Jun. 09 2004 10:44AM Pi Butts, Sandberg and Schneider, LLP Attorneys at Law 155 South Lake Street Forest Lake, Minnesota 55025 Steve Butts * David C. Sandberg (Retired) James F. Schneider Telephone (651) 464.6162 f'ax (651) 464-8180 FAX TRANSMITTAL FAX #429-a.~29/763-780-1777 DATE: 6-9-04 TIME: 11:30 ...m. NO. OF PAGES: 3 (Including this page) TO: Mayor Terry Sweeney/Attorney Jennifer Thulien Smith COMPANY/FIRM: FROM: Steve Butts REGARDING: Eighth Street Vacation ENCLOSURES: My letter of June 9, 2004 COMMENTS: PLEASE CALL BACK IMMEDIATELY IF YOU 00 NOT RECEIVE ALL THE PAGES. ..CONFIDENTIAL .. The infonnation contained in this facsimile message is intended only for the individual named above. !fyou are not the individual named as the intended recipient or you are not designated to deliver it to the intended reeipiellt, you are hereby notified that the information is attorney privileged and confidential. Any dissemination. distribution or copying of this infonnatiOIl is strictly prohibited. If you received this communication in error, please immediately notify us by telephone at (651) 464-6162. OReal Property Law Specialist, Certified By The Real Property Law Seclion of me Minnesota Slate Bar Assocmrion \ FROM FAX NO. :6514648180 Jun. 09 2004 10: 45AM P2 Butts, Sandberg and Schneider, LLP Attorneys at Law 155 So. Lake Street Forest Lake, Minnesota 55025 Steve L. Butts'" Jame~ F. Schneider ... David S. Sandberg (Retired) June 9, 2004 Telephone (651) 464-6162 Fax: (651) 464-8180 Mayor Terry Sweeney City of Centerville 1880 Main Street Cenrerville, MN 55038 Re: Petition For Vacation Of Mill Road ExtensionlEighth Street Submitted By Clay Alcock Dear Mayor Sweeney: I represent Teri and Lawrcnce Perron, fee owners of lands lying immediately adjacent to and just westerly of the above-referenced street. Please accept this letter a~ a full and complete written objection to the proposed vacation, which matter comes up for discus~ion this evening. The Perrons object to the proposed vacation for the following reasons: 1. Eighth Street, a.~ shown and located in the plat of Peterson's Addition to Centerville, was dedicated to the public at the time of filing said plat for two reasons: to provide access to Lots I and 2, Block 2, and Lot 13, Block I, and also to provide access to lands lying south of said plat. The lands lying south of said plat now have access from a different direction, but one ofthe original reasons, providing access to the lot~ within the plat, still remains. Mr. Peterson, the pony who originally plaited this land, originally built and lived in the Perron hornestead, and at the time of its construction, situated the garages on the Perron property very close tll the west side of Eighth Street. This was obviously done with the assumption and understanding that Eighth Street would then and always would be a public street, providing ample and proper access to said garage areas, and thus the garages could be placed very close to the west line of Eighth Street. If Eighth Street is vacated, the Perrons will thereafter own and have access to only the westerly 33 feet of the 66-root width, which will not provide them adequate room for their access purposes to their garage area, particularly in such instances where boat or other accessory trailers arc being backed or mlUlcuvcrcd into the garage area. If Eighth Street is vacated, the proper and necessary access to the Perron garages will be limited to an extent not acceptable to the Pcrrons. 2. Eighth Street was originally platted as a public roadway as and for the use of the above-referenced lots in Peterson's Addition to CenterviIle. That original intent and original purpose for which it was established is still true today, !md the road should not be vacated when it is still being used for the purpose for which it was originally intended. .Real Property Law Specialist Certified by the Real Property Law Section of the Minnesota Bar Association / FROM FAX NO. :6514648180 Jun. 09 2004 10:45AM P3 3. As I undcrstand it, under your ordinances, following vacation, the Perron and Alcock driveways must be relocated to be not closer than 10 feet from the resulting property line. This would necessitate the instal.1ation OflwO separate driveways onto Main Strcct or County State Aid Highway 14, which, from a safety standpoint, would be confusing to drivers along Main Street. It does not appear that vacation of the road would be in the community's best interest. 4. Based on sketches of this property, it appears that the existing paved apron or driveway which was apparently installed by Mr. Alcock, will overlap onto the Perron property following vacation, and such encrOllChment will be a cloud on thcPerron title. Therefore, the vacation should not proceed, a.~ it will affect my client's title unfavorably. [ am providing the original of Ihis letter to Tcri and Lawrence Perron, and they will appear at the meeting this cvening, with additional copies for cach member of the City Council. I am also faxing a copy of this leller to Jennifer Thulien Smith, attorney for Clay Alcock. Thank you. Sincerely, ~~~ Steve I... Dults SLBlbjb cc: Jennifer Thulien Smith (by fax) -2- tervi{{e 'Esta6{isfie,{1857 UPDATE DISBURSEMENTS "UNE 7 THROUGH "UNE 9, 2004 DISBURSEMENTS $29,961.54 CITY OF CENTERVILLE 06/09/0410:21 AM Page 1 *Check Summary Register@ Name Check Date Check Ami 10100 MAIN STREET BANK Paid Chk# 019260 BARNA, GUZY & STEFFEN L TD 6/912004 Paid Chk# 019261 BENDER, TERESA 619/2004 Paid Chk# 019262 CITY OF ST. PAUL 619/2004 Paid Chk# 019263 CONNEXUS ENERGY 6/9/2004 Paid Chk# 019264 CRYSTEEL TRUCK EQUIPMENT 6/912004 Paid Chk# 019265 CULLIGAN 619/2004 Paid Chk# 019266 I NTEGRA HOMES 61912004 Paid Chk# 019267 OTTER LAKE ANIMAL CARE CEN 619/2004 Paid Chk# 019268 SAM'S CLUB 619/2004 Paid Chk# 019269 VISU-SEWER CLEAN & SEAL IN 619/2004 Paid Chk# 019270 XCEL ENERGY 61912004 Total Checks FILTER: None lm JUNE 2004 $10,790.68 GROUND DEVEL.-SPECIAL ASSESS. $11.25 REIMBURSEMENT FOR MILEAGE - BA $33.73 ASPHALT MIX $366.93 STREET LIGHTS - 395653-219678 $5,566.76 PLOW $36.87 WATER - RENTAL $50.00 OVER PYMT BLDG PERMIT # 04-047 $1,039.06 ANIMAL CARE $332.07 SUPPLIES $10,155.86 TV & HEAVY CLEAN SANITARY SEW $1,578.33 1694 SOREL ST - SERVTHRU 6-1- $29,961.54 fhrr ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY Paul McCarron. Chair Dennis D. Berg Rhonda Sivarajah Donald H. Pindell Dave McCauley. Vice Chair Margaret Langfeld William Nelson June 2, 2004 Kim Moore-Sykes City Administrator 1880 Main Street Centerville, MN 55038-9794 Dear Ms. Moore-Sykes: The Anoka County Housing and Redevelopment Authority (ACHRA) respectfully requests that the City of Centerville waive certain fees associated with the construction of senior housing at Chauncey Barett. Phase n. This requested action is consistent with that taken during the construction of Chauncey Barett Phase I. As indicated on the building permit, the ACHRA will pay $16,200 in SAC. fees and $1,200 in permit fees. Sincerely, . ~'"'-~ Tim Yantol' Executive Director, ACHRA - TY/sky cc: Frank Dunbar, Dunbar Development Corporation Karen Skepper, Community Development Manager - . '~_I . : ::. L. ~r. C:' F.' Telephone: (763) 323-5700; Fax: (763) 323-5682; TDDfITY: (763) 323-5289 Government Center, Administration Office, 2100 3rd Avenue, Auoka, MN 55303-2265 City of Centerville May 26, 2004 Council Meeting Minutes X. EXECUTIVE SESSION 1. R & R Leasing - Tentative Alrreement Council recessed to executive session at 8:34 p.m. Council reconvened the regular session at 8:40 p.m. During the executive session Council discussed the proposed settlement offer from R & R Leasing. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to acceDt the submitted settlement otTer bv R & R Leasinl!. AD in favor. Motion carried unanimouslv. XI. ADJOURNMENT Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to adiourn the Mav 26. 2004 City Council Mutinl! at 8:45 D.m. AD in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 11 of 11 r FAX NO. : 6514648180 Jun. 09 2004 10: 44AM P1 Butts, Sandberg and &bneider, LLP Attorneys at Law 155 South Lake Street Forest Lake, Minnesota 55025 Steve Butts · David C. Sandberg (Retired) James F. Schneider Telephone (651) 464-6162 Pax (651) 464-8180 FAX TRANSMITTAL FAX #429-~.6.29/763-7BO-1777 DATE: 6-9-04 TIME: 11:30 a.m. NO. OF PAGES: 3 (Including this page) TO: Mayor Terry Sweeney/Attorney Jennifer Thulien Smith COMPANY/FIRM: FROM: Steve Butts REGARDING: E:l.ghth Street Vacation ENCLOSURES: My letter of June 9. 2004 COMMENTS: PLEASE CALL BACK IMMEDIATELY IF YOU DO NOT RECEIVE ALL THE PAGES. .'CONFlDENllAL .. The infonnation contained in this i'aesimile message is intended only for the individual named above. If you are not the individual named as the intended recipient or you are not designated to deliver it to the intended recipient, you are hereby notified that the information is attorney privileged and confidential. Any dissemination. distribution or copying of this infonnation is strictly prohibited. If you received this communication in erl'Or, please immediately notify us by telephone at (65 I) 464-6162. "Re.l Property Law Specialist. Certified By The Real Property Law Section oftlle Minnesota State aar Association ." FROM FAX NO. :6514648180 Jun. 09 2004 10:45AM P2 . Butts, Sandberg and Schneider, LLP Attorneys at Law 155 So. Lake Street Forest Lake, Minnesota 55025 Steve L. Butts'" James F. Schneider . David S. Sandberg (Retired) June 9, 2004 Telephone (651) 464-6162 Fax: (651) 464-8180 Mayor Terry Sweeney City of Cente.rvillc 1880 Main Street Centerville, MN 55038 Re: Petition For Vacation Of Mill Road Extension/Eighth Street Submitted By Clay Alcock Dear Mayor Sweeney: I represent T eri and Lawrence Perron, fee owners of lands lying immediately aqjacent to and just westerly of the above-referenced street. Please accept this letter as a full and complete written objection to the proposed vacation, which matter comes up for discussion this evening. The Perrons object to the proposed vacation for the following reasons: 1. Eighth Street, as shown and located in the plat of Peterson's Addition to Centerville, was dedicated to the public at the time of filing said plat for two reasons: to provide access to Lots I and 2, Block 2, and Lot 13, Block I, and also to provide access to lands lying south of said plat. The lands lying south of said plat now have access from a different direction, but one ofthe original reasons, providing access to the lots within the plat, still remains. Mr. Peterson, the party who originally plaUed this land, originally built and lived in the Perron homestead, and at the time of its construction, situated the garages on the Perron property very close to the west side of Eighth Street. This was obViously done with the assumption and understanding thaI Eighth Street would then and always would be a public street, providing ample and proper access to s'lid garage areas, and thus the garages could be placed very close to the west line of Eighth Street. If Eighth Street is vacated, the ~errons will thereat1er own and have access to only the westerly 33 feet ofdle 66-I'oot width, which will not provide them adequate room for their access purposes to their garage area, particularly in such instances where boat or other accessory trailers arc being backed or mWleuvcred into the garage area. If Eighth Street is vacated, the proper and necessary aCCess to the Perron garages will he limited to an extent not acceptable to the Pcrrons. 2. Eighth Street was originally platted as a public roadway as and for the use (lfthe above-referenced lots in Peterson's Addition to Centervillc. That original intent and original purpose for which it was established is still true today, and the road should not be vacated when it is still being used for the purpose for which it was originally intended. *Real Property Law Specialist Certified by the Real Property Law Section of the Minnesota Bar Association . FROM FAX NO. :6514648180 Jun. 09 2004 10:45AM P3 t :1. As I understand it, under your ordinances, following vacation, the PelTon and Alcock driveways must be relocated to be not closer than 10 feet from the resulting property line. This would necessitate the installation of two separate driveways onto Main Street or County State Aid Highway 14, which, from a safety standpoint, would be confusing to drivers along Main Street. It does not appear that vacation of the road would be in the community's best interest. 4. Based on sketches of this property, it appears that the existing paved apron or driveway which wa.,~ apparently installed by Mr. Alcock. will overlap onto the Perron property fOllowing vacation, and such encroachment will be a cloud on the Perron title. Therefore, the vacation should not proceed, as it will affect my client's title unlilvorabJy. I am providing the original of this letter to Tcri and Lawrence Perron, and they will appear at the meeting dlis evening, widl additional copies for each member of the City Council. I am also faxing a copy of this letter to Jennifer Thulien Smith, attorney for Clay Alcock. Thank you. Sincerely, ~-f;. ~ Steve L. DlItls SLBlbjb co: Jennifer Thulien Smith (by fax) -2- ervi{{e 'Esta6{is!ietf 1857 UPDATE DISBURSEMENTS "UNE 7 THROUGH "UNE 9, 2004 DISBURSEMENTS $29,961.54 CITY OF CENTERVILLE 06109/04 10:21 AM Page 1 *Check Summary Register@ Name Check Dale Check Ami 10100 MAIN STREET BANK Paid Chk# 019260 BARNA, GUZY & STEFFEN L TO 6/9/2004 Paid Chk# 019261 BENDER, TERESA 61912004 Paid Chk# 019262 CiTY OF ST. PAUL 61912004 Paid Chk# 019263 CONNEXUS ENERGY 6/9/2004 Paid Chk# 019264 CRYSTEEL TRUCK EQUIPMENT 61912004 Paid Chk# 019265 CULLIGAN 61912004 Paid Chk# 019266 INTEGRA HOMES 6/9/2004 Paid Chk# 019267 OTTER LAKE ANIMAL CARE CEN 6/9/2004 Paid Chk# 019268 SAM'S CLUB 6/9/2004 Paid Chk# 019269 VISU-SEWER CLEAN & SEAL IN 6/9/2004 Paid Chk# 019270 XCEL ENERGY 619/2004 Total Checks FILTER: None JUNE 2004 $10,790.68 GROUND DEVEL.-SPECIAL ASSESS. $11.25 REIMBURSEMENT FOR MILEAGE - BA $33.73 ASPHALT MIX $366.93 STREET LIGHTS - 395653-219678 $5,566.76 PLOW $36.87 WATER - RENTAL $50.00 OVER PYMT BLOG PERMIT # 04-047 $1,039.06 ANIMAL CARE $332.07 SUPPLIES $10,155.86 TV & HEAVY CLEAN SANITARY SEW $1,578.33 1694 SOREL ST - SERV THRU 6-1- $29,961.54 -I tervi{{e 'Estah{isfid 18S7 MEMORANDUM DATE: June 9, 2004 TO: Honorable Mayor and Councilmembers FROM: Kim Moore-Sykes, City Administrator - RE: Public Works Maintenance Positions ......................................................................... Public Works Maintenance Position - 2004 The top five based on results from the interviews conducted on AprilSth and April 9th, 2004 and as submitted in writing by the interview panel members to the City Administrator. Thirteen individuals were initially selected for interviews. Ellen Tedd Paul Kim 1. R. Lavell R. Lavell A. Anderson A. Anderson 2. M. Nadeau A. Anderson R. Lavell M. Nadeau 3. J. Bautch J. Froelich M. Bjorge T. Niedermeyer 4. J. Froelich J. Bautch J. Froelich M. Bjorge 5. Ganson or Bjorge M. Bjorge (left blank) J. Bautch The following are the top five candidates as the result of the interviews of three individuals conducted on Friday, June 4th. Ellen Tedd Paul Kim 1. R. Lavell R. Lavell A. Anderson A. Anderson 2. M. Nadeau A. Anderson Shawn Nelson M. Nadeau 3. J. Bautch S. Nelson R. Lavell T. Niedermeyer 4. A. Anderson J. Bautch M. Bjorge M. Bjorge 5. J. Froelich J. Froelich 1. Froelich J. Bautch Should Council approve the hiring oftwo of these individuals, Staff will contact them on Thursday morning to make them each an offer.