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Home My WebLink About2005-09-28 CC Packet 'E..,taf{i..<ilieJ 1857 CITY COUNCIL MEETING & WORK SESSION Wednesday, September 28, 2005 6:30 P.M. terviiTe COUNCIL MEETING n. APPROVAL OF AGENDA WORK SESSION WILL FOLLOW REGULARLY SCHEDULED MEETING Set Agenda = Red L CALL TO ORDER 1. Roll Call III. APPROVAL OF COUNCIL MINUTES 1. September -714,2005 City Council Meeting Minutes (Page 1-10) 2. September 114,2005 City Council Closed Executive Session (Page 11) IV. CONSENT AGENDA l. City of Centerville September 15, 2005 through September 28, 2005 Claims (Page 12a) 2. Materials Management - Cooperative Purchasing Venture Agreement (Page 13-14) V. A W ARDSIPRESENTATIONS/APPEARANCES 1. Mr. Terry Sweeney - Use of 1694 Sorel Street (Lions Haunted House) 2. Mr. Paul Keleher, Sed on a Homes, Centerville Town Office Park - Boundary Landscaping (Page 14a) VL PUBLIC HEARINGS vn. NEW BUSINESS 1. Resolution #05-044 - Abatement of Special Assessments & Recertification to Correct Parcel Number (2004 Streets) (Page 15-19) 2. Pay Request, Final- KLM Engiueering ($7,095) - Water Tower (Page 19a- 19b) 3. Consider Rice Creek Watershed District's Offer to Purchase Truck '04 Y. Ton (Parking Lot City Hall) ($22,000) (PageI9c) VIII. OLD BUSINESS 1. DocklBridges - DrainagelUtility Easements (Tabled from previous meeting) (Page 20-24a-n) IX. ANNOUNCEMENTSIUPDATES 1. City Administrator, Mr. Dallas Larson 2. 1601 LaMotte Drive - (Update) 3. Downtown Redevelopment Planning (Update) L 4. Correspondence 5. Chauncey Barett Senior Housing (Update) (Page 25) x. ADJOURNMENT COUNCIL WORK SESSION I. CALL TO ORDER 1. Roll Call ll. DISCUSSION ITEMS 1. Ordinance Codification/Code (**Please bring your copies**) 2. Personnel Policy (**Please bring you copy**) ilL ADJOURN **REMINDERS** Downtown Steering Committee meeting - September 27,2005 (6:30 p.m) (Council Chambers) Lunch with Anoka County HRA - September 28,2005 (1200 noon) (Chauncy Barett) Police Joint Powers - October 3, 2005 (700 p.m.) (Circle Pines City Hall) Planning & Zoning - October 4, 2005 (6:30 p.m.) (Council Chambers) Parks & Rec. - October 5, 2005 (6:30 p.m) (Council Chambers) Public Presentation Meeting (Downtown Redevelopment) - October 11,2005 (6:30 p.m.) (Centerville Elementary School Gym) (i' ;,'.-'.i.; .r tervil(e ' .".', 'utabMd 1&'7 CITY COUNCIL MEETING & WORK SESSION Wednesday, September 28, 2005 6:30 P.M. COUNCIL MEETING L CALL TO ORDER 1. Roll Call WORK SESSION WILL FOLLOW REGULARLY SCHEDULED MEETING II. APPROVAL OF AGENDA DL APPROVAL OF COUNCIL MINUTES 1. September 7, 2005 City Council Meeting Minutes (page 1 - 10) 2. September 7, 2005 City Council Closed Executive Session (Page 11) N. CONSENT AGENDA 1. City of CenterviJIe September 15, 2005 through September 28, 2005 Claims (Page 12) 2. Materials Management - Cooperative Purchasing Venture Agreement (page 13-14) V. A W ARDSIPRESENTATIONS/APPEARANCES 1. Mr. Terry Sweeney - Use of 1694 Sorel Street (Lions Haunted House) VL PUBLIC HEARINGS vn. NEW BUSINESS 1. Resolution #05-044 - Abatement of Special Assessments & Recertification to Correct Parcel Number (2004 Streets) (Page 15-19) VIII. OLD BUSINESS 1. DocklBridges - DrainagelUtility Easements (Tabled from previous meeting) (page 20-24) IX. ANNOUNCEMENTS/UPDATES 1. City Administrator, Mr. Dallas Larson 2. 1601 LaMotte Drive - (Update) 3. Downtown Redevelopment Planning (Update) 4. Correspondence X. ADJOURNMENT COUNCIL WORK SESSION L CALL TO ORDER 1. Roll Call IT. DISCUSSION ITEMS 1. Ordinance Codification/Code (**Please bring your copies**) 2. Penonnel Policy (**Please bring you copy**) 1ll. ADJOURN **REMINDERS** Downtown Steering Committee meeting - September 21, :wm ~ D:jV p.m.) ~ CUUlJ";; C;,a",:'", ,,) Lunch with Anoka County BRA - September 28, 2005 (12:00 noon) (Chauncy Barett) Police Joint Powers - October 3, 2005 (700 p.m.) (Circle Pines City Hall) Planning & Zoning - October 4,2005 (6:30 p.m.) (Council Chambers) Parks & Rec. - October 5, 2005 (6:30 p.m.) (Council Chambers) Public Presentation Meeting (Downtown Redevelopment) - October 11,2005 (6:30 p.m.) (Centerville Elementary School Gym) OJ E >2 (1)0\ g ll)N ~. EO - or;- 00 ::C~~M '" t5 '" .. " '" o ijj ti R '0 to -- .- ~g~~b1 "'5"'2Q.lll.lQJ ~~J:iI:iI: E E 0.0. 00 OM (ci"j:) m O.?;- tl' 50 ~ 8:::- ~c ~ g ai~~~ ~,,"g80 irlo <1)~1O a3........a::.U::I: E E E a 0.0. o 00 M OM ,:..; (0..0 ~ ~al 0 fil ,,"'E- 15 ';; ... - we: "0........ QJ E '- ~ 5.~D8<u~(ll o c: If: Q) c.5 ~ ~"2:X~:;;;li):5 w<:..3uSct:w E EE EE ~ i8~ g-g. 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B' :;: "'" :c " "" :;: <( .,. - - - '" <:> <::> N - M N 0;- N <= ~ ~ '" 1!! ;;; Cl CITY OF CENTERVILLE CITY COUNCIL MEETING SEF1rE~ER14,2005 6:30 p.m. Pursuant to due call and notice thereof, the City ofCenterville held their regularly scheduled meeting on September 14, 2005, at City Hall, 1880 Main Street. PRESENT: STAFF: Mayor Mary Capra Council Member Lee Council Member Lakso Council Member Paar Council Member Richard Til t None. "0 City Attorney Mr. Hoeft City Engineer Mr. Peterson City Administrator Mr. Larson ABSENT: L CALL TO ORDER Mayor Capra called the September 14, 2005, City Council meeting to order at 6:30 p.m. II. SET AGENDA The following items were added to the Agenda: Consent Agenda: Pay Request #7 Northdale Construction $28,814.12 Hunter's Crossing 2nd Addition. Remove Public Hearing from Agenda. New Business: Resolution #05-043 Assigning Duties Regarding Banking Old Business: Draft Purchase Agreement 1601 LaMotte Drive; Development Agreement Issues Pheasant Marsh 3m Addition; Pay Request 10 Dresel Contracting $11,687.50; Pay Request #4 American Tank $3,674.86 Announcements: National Recycling Congress Add an Executive Session to discuss pending litigation with Royal Oaks Realty. Add Parking Ticket Request from Resident to Announcements. / City of Centerville Council Meeting Minutes Septemba" 14, 2005 Motion bv Council Member Lauo. seconded bv Council Member Paar to approve the Al!enda as amended. All in favor. Motion carried unanimouslv. m. APPROVAL OF COUNCn. MINUTES 1. August 24 2005 City Council Meeting Minutes Motion bv Council Member Lee. seconded bv Council Member Terwav to approve the AUl!Ust 24. 2005 City Council Meetinl! Minutes as presented. AIl in favor. Motion carried. 2. August 24. 2005: June 8. 2005: June 22.2005: July 27.2005: September 7.2005 Citv Council Work Session Meeting Minutes Motion bv Council Member Terwav. seconded bv Council Member Lee to approve the AUl!ust 24. 2005: June 8. 2005; June 22. 2005; Julv 27. 2005: September 7. 2005 City Council Work Session Meetinl! Minutes as oresented. AIl in favor. Motion carried. IV. CONSENT AGENDA 1. City ofCenterville August 25, 2005 through September 14, 2005 Claims 2. Centeonial Fire District through September 6, 2005 Claims 3. Centennial Lakes Police Department Claims through September 6,2005 4. Parks & Recreation Committee Recommendation for Centennial Youth Hockey Association Request for Use of the Hockey Rink for the 2005-2006 Season 5. Parks & Recreation Committee Recommendation to Accept Mr. Wayne LeBlanc's Resignation from the Committee 6. Parks & Recreation Committee Approval of the Proposed 2006 Parks & Recreation Portion of the Proposed 2006 Budget 7. Pay Request #7 Northdale Construction $28,814.12 Hunter's Crossing 2nd Addition Mayor Capra requested that Item 5 be removed for discussion. Motion bv Council Member Lee. seconded bv Council Member Terwav. to approve Consent Al!enda Items 1 - 4 and 6 and 7 as presented. All in favor. Motion carried unanimouslY. Mayor Capra thanked Mr. LeBlanc for his years of service to the City and reluctantly asked for a motion to accept his resignation. Motion bv Council Member Lee. seconded bv Council Member Lauo to aoprove Consent Al!enda Item 5 as presented. All in favor. Motion carried unanimouslY. Page 2 of! 0 ,Z City of Centerville Council Meeting Minutes September 14, 2005 V. AWARDSIPRESENTATIONS/APPEARANCES 1. Mr. Tom Wilharber - Final Accounting of Fete des Lacs 2005 Mr. Wilharber was not present for this matter. VI. PUBLIC HEARINGS None. VII. NEW BUSINESS 1. Resolution #05-042 - Anoroving the Proposed 2006 Budg;et & Tax Levy Mr. Meyer reviewed the proposed budget with Council noting this is twice the decrease from last year. Mayor Capra noted the City continues to see reductions in the tax levy. Motion bv Council Member Lakso. seconded bv Council Member Terwav to approve Resolution #05-042 as presented. All in favor. Motion carried unanimouslv. 2. Authorize Rice Creek Watershed District & Coms of Engineers Permit for Backal!e Road 20th/21 '" Avenue City Administrator Larson indicated this would be the next step in moving forward with the potential backage road. Motion bv Council Member Lee. seconded bv Council Member Terwav to authorize Rice Creek Watershed District & Corns of Engineers Permit for Backa2e Road 20th/not Avenue. All in favor. Motion carried unanimouslv. 3. Possible Reschedule of November 23. 2005 Regularly Scheduled Meeting to November 30. 2005 at 7:00 o.m. City Administrator Larson indicated that November 23, 2005 is the day before Thanksgiving and, since Staff has scheduled the truth-in-taxation hearing for November 30, 2005, it may make sense to hold the regular meeting that date as well. Motion bv Council Member Terwav. seconded bv Council Member Lakso to reschedule the November 23. 2005 re2u1ar meeting to November 30. 2005 at 7:00 p.m. All in favor. Motion carried unanimouslv. Page 3 of 10 J City of Centervi1le Council Meeting Mioutes September 14, 2005 4. Resolution #04-043 - Assigning Duties as They Relate to Handling Banking Transactions for the City of Cenlerville City Administrator Larson explained that the Resolution would authorize the Finance Director to move money around to different accounts within Main Street bank for investment purposes but not allow money to be moved outside of the bank. Motion bv Council Member Lee. seconded bv Council Member Terwav to annrove Resolution #04-043 as nresented. All in favor. Motion carried unanimouslv. vm. OLD BUSINESS I. Review Draft of Memorandum of Understanding on CSAH 14 City Administrator Larson and Council discussed the County's response to the draft MOU and Council agreed Members are not ready to sign at this time. Mayor Capra indicated that she does not agree that the City should pay more due to increased costs through the County park. 2. Dock/Bridges - Drainage Utility Easements Bob Dolfay of 1937 Eagle Trail indicated they have a bridge extending over an easement and asked Council to consider allowing them to keep it there as that is the only access to the back of his property for maintenance. City Attorney Hoeft provided an overview for Council on the liability issue and said he feels the bridge is different as it does not provide access to the water but to go over and provide access to the back piece of property so it is not as much of a concern as the docks would be. He then said that the City's policy and, possibly, the Ordinance would need to be changed to allow the dock to remain as it is currently the policy that no structures are allowed in easements. Mayor Capra asked that the building official work on this Ordinance. City Attorney Hoeft requested that the property owner be required to obtain insurance coverage naming the City as an additional insured. Council Member Paar indicated that he did some research and does not think that docks and bridges would be covered under a normal home owner's umbrella policy. Council agreed to consider allowing bridges provided that there are standards established and that insurance naming the City as an additional insured is provided. City Attorney Hoeft indicated he would discourage allowing decorative bridges in easements but allow functional bridges tlJat aid in maintenance. He then noted that the Page 4 of 10 ! L City of Centerville COWlCiI Meeting Minutes September 14, 2005 signage requirements recommended by the League would be similar with docks and bridges. Staff will look into insurance recommendations through the League and provide further information to Council. Erick Knight of 1747 Dupre Road addressed Council and said that his main issue is how an easement works for the City. He then said that he has a declaration given by Land Development that states what the easement is for. He then read it for Council. Mr. Knight indicated his dock is within the easement and does not disrupt the flow of water. He then said that his insurance company will name the City as an additional insured but said that there is a bike path around the pond that the kids use to jump bikes into the pond that would be of more concern than his dock. City Attorney Hoeft indicated that the declaration provided is not the controlling legal document as far as the easement is concerned. Mr. Knight indicated the dock is a removable structure and is not affecting the City in any way. City Attorney Hoeft indicated the City has the ability to control any structure within the easement and that is what the Council has decided to do based on a recommendation from its insurance camer. Jim Salin, an attorney representing the residents at 1715 Dupre Road indicated they have a dock on their land and he feels that they own a portion of the land based upon review of the Surveyor's Certificate, which he provided for review. Mr. Salin indicated his client has home owner's insurance at $300,000 per occurrence and has contacted the insurer and have been ensured that the dock is covered. Council Member Paar pointed out that it is in the easement, but they own the property. Mr. Salin asked if the legal description for the easement is provided somewhere. Mr. Salin questioned whether the easement does cover that dock based on the drawing and questioned how broad the easement is. City Attorney Hoeft indicated that the drainage and utility easements are expansive in CenteTville due to drainage issues and if there is a question about whether a structure is inside or outside of the easement he would be willing to review it. City Attorney Hoeft indicated that the City has the right to control the structures within the City's easement. Mr. Salin said the structure is unobtrusive and it is a very small dock extending six feet long and 10 feet wide that the residents use for limited and reasonable uses such as i L Page 5 ofl 0 .s- City of Centerville Council Meeting Minutes September 14, 2005 feeding the ducks, sunning themselves and putting their feet in on a hot day but it is not used for swimming. Mr. Salin said that the City has concerns about liability and he is somewhat surprised at the level of concern as he has found no Minnesota Court that has held a City liable for injuries in a private pond. Mr. Salin commented that they recognize that the City has an interest and right to regulate but asked the City to do so in a rational way. He then said that they would like to have further discussion on the matter and agree to a permit situation but do not think it fair to executively order docks removed without a hearing process or Ordinance that would cover this. Susan Love of 1953 Eagle Trail said she does not have a dock in the pond at this time but the pond is a majority of her back yard and she has three children who enjoy going down to the pond and throwing a line in and walking on the rocks. She then said that, as a parent, it is her job to know where her children are and be aware of the hazard of the water. She further said that they carry a $1,000,000 umbrella policy on their house, vehicles and yard and she feels that since they own the property and pay taxes they should be able to use the pond and put out a dock. Council Member Paar commented that these ponds were not ever made for the intent of personal property enjoyment, they are to ease flooding issues. Mayor Capra indicated that these are drainage ponds to handle run off water and the ponds are used for settling ponds so that when it flows to the lake it keeps the lake cleaner. A resident commented that part of the problem is that the pond is over half of the lot and they expect to be able to beautify the area around it and have a dock to enjoy it. He further stated that he needs to be able to cut the tall grasses to control mosquitoes in the area. Council Member Paar said he understood the comments of residents but the reason these ponds are there is to control flooding within neighborhoods not for docks to access the water. He then said that he does not want docks in the ponds because he does not want to be on the Council that has to deal with a death or injury because the docks were not removed. Jim Berger of 1748 asked whether or not the dock or bridge has a purpose limits or reduces the liability. Council Member Paar said that he feels it does and commented that the bridge spans a ditch with a couple of inches of water in it to cross over to the rest of the property for maintenance whereas a dock invites people out into the water. Page 6 of! 0 ~ City of Centerville Council Meeting Minutes September 14, 2005 Jamie Berglin of 1715 Dupre said that if they maintain a nice mowed frontage to the pond regardless of a dock it would still draw people to the pond and they would be trespassing. City Attorney Hoeft indicated there is official immunity if there is no structure there because it is not inviting a child there. Ms. Berglin said her insurance company believes that the City has no insurable liability as they own the land. City Attorney Hoeft indicated that the definition of easement could easily be defined and noted that the Subdivision Ordinance does not allow structures in an easement. Council Member Lee agreed with Council Member Paar and said he does not think the docks should be in the easements. He then said that he understands that residents want their backyards to look nice but the ponds are for drainage not recreation. He further commented that some communities require that the weeds grow up around them and that they be fenced. Mr. Knight indicated that the way the property is he would have to take the retaining wall down but his basement will flood because that is the way Ground Development developed that land. Council took a five minute break. Council reconvened at 7:50 p.m. Council Member Terway said he thinks that Council initiated this action because of concerns that they had for various reasons. He then said that Council has taken comments from residents but the decision has been made and he does not want to change that decision at this time. He further said that he would like to have Staff provide documentation to Council and residents that backs up the decision to show residents how Council arrived at this decision. Council Member Lakso agreed. Council Member Paar agreed. Mayor Capra said she sees the value that residents gain from the docks and understands that they are trying to create an amenity from something that is required to be there, but she agrees with the rest of the Council that it is a liability for the City and she would like Staff to provide documentation to residents and Council for consideration before final determination on whether to enforce removal of the docks. Motion bv Mavor Caora. seconded bv Council Member Lee to table this matter to the next meetinl! to anow Staff time to nrovide documentation to Council and residents. AD in favor. Motion carried unanimously. Page 7 of! 0 1 City of Centerville Council Meeting Minutes September 14, 2005 3. Draft Purchase Agreement - 160 I LaMotte Drive City Administrator Larson reviewed the specifics of the draft Purchase Agreement with Council noting that a $10,000 earnest money check would be sent with the Purchase Agreement. Mayor Capra asked Staff to verify the appraisal amount and make sure the correct amount is listed in the Purchase Agreement. Staff agreed to do so. Council reviewed the terms of the Purchase Agreement and had no objections. 4. Discuss Development Agreement Issues - Pheasant Marsh 3rd Addition City Administrator Larson informed Council that Phase I of this development had a reserve strip ofland platted that was not caught by Staff. He then said that Phase III does as well. He further commented that the City's Ordinance does not allow reserve strips. City Attorney Hoeft explained that the reserve strip would allow the developer to recover some of his costs because he can charge the property owner to the south for connection to the road. He then explained that the approval for Phase III requires that the final plat be recorded within 60 days so that approval is back on the table and the City will require that the reserve strip be removed. City Administrator Larson reviewed with Council some of the discussions and negotiations he has been having with the developer asking if Council would be interested in having Outlot E deeded to the City for open space for a reduction in the drainage fees the developer is being charged. Council discussed the matter with Staff and made it clear that they had no interest in reducing park dedication fees for this developer. Council agreed to 25% contingency, replatting to eliminate the reserve strip, accepting Outlot E deeded to the City for a reduction in drainage fees, and to require a road easement or street stub for future access to the south property. 5. Pay Request #10 Dresel Contracting $11.687.50 - 2004 Utility and Street Improvement Proiect Council and Staff discussed the punch list items and their completion including the sodding around the rain garden. Mr. Peterson indicated that the project is completed and, if Council wanted to sod around the garden, it would require grading and starting over as you cannot sod over existing grass and weeds. Mayor Capra indicated she is disappointed that this took so long to be completed and she is not entirely satisfied with how it was completed. Page 8 oflO ? L City of Centerville Council Meeting Minutes September 14, 2005 Council Member Terway suggested having Staff overseed the area in the fall. Mayor Capra indicated that she would like more work done on making the rain gardens aesthetically pleasing as they seem weedy and unsightly. Motion bv Council Member Terwav. seconded bv Council Member Lee to aoorove Pay Reanest #10 as oresented. An in favor. Motion carried unanimouslv. 6. Pay Reauest #4 American Tank Services. Inc. $3.674.86 Council Member Terway asked whether all punch list items were completed. Mr. Peterson indicated that the pond overflows during large rain events as it was designed to do so there were some erosion issues that have been resolved and will continue to improve as the plants become established. Motion bv Council Member Lee. seconded bv Council Member Lakso to aoorove Pay Request #4 as oresented. An in favor. Motion carried unanimouslv. Motion bv Council Member Lakso. seconded bv Council Member Paar to aoorove Chanl!e Order #2 with a reduction of $9.335.70. An in favor. Motion carried unanimouslv. IX. ANNOUNCEMENTSIUPDATES 1. Possible Uses of Rezoned Parcels Along Main Street Near 20th Avenue Mayor Capra indicated that there is a realtor purchasing several properties along Main Street for commercial redevelopment and she has asked the City for input as to what the City would like to see built there. She then said that the realtor was considering a pharmacy. Council listed several commercial ventures for Mr. Larson to relay to the realtor. 2. City Administrator - Mr. Dallas Larson City Administrator indicated that there was a change order on the Dresel Contracting Pay Request and asked Council to consider it. Motion bv Council Member Lakso. seconded bv Council Member Paar to auorove Chanl!e Order #3 for Dresel Contractinl! addinl! $10.658.54 as presented bv Staff. All in favor. Motion carried unanimouslv. 3. National Recvcling Congress Mayor Capra indicated she would email the information to Council. Page 9 ofl 0 7 City of Centerville Council Meeting Mioutes September 14, 2005 4. Downtown Redevelooment Planning City Administrator Larson indicated there would be a meeting on September 15, 2005 at 4:30 for a walk through. 5. Correspondence Mayor Capra indicated she would email the correspondence to Council. 6. Parking Ticket Request of Resident City Attorney Hoeft explained that a resident received two parking tickets for parking on the street after hours and was not happy. He then explained that she told him that she had work done on her driveway and needed to park in the street until it was done. He further explained to Council that he does not waive parking tickets and told her that she would need to speak to the Council on the matter. Council discussed the matter and agreed that regulating and handling parking tickets is not something the Council wants to get involved with as it is at the discretion of the Police Department and the City Attorney. Council Member Paar indicated that the EDC did not meet due to a lack of a quorum. Council recessed to closed session at 9:28 p.m. X. CLOSED EXECUTIVE SESSION - PENDING LmGATION ROYAL OAKS REALTY XL ADJOURNMENT Motion bv Council Member xx. seconded bv Council Member xx to adiourn the Sentemher 14.2005 City Council Meetinl! at xx:u n.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 10 of! 0 /() The City Council of Centerville, Minnesota met in a closed session on Wednesday, September 14, 2005, at 9:25 p.m. in City Hall at the conclusion of its regular meeting. Present were Mayor Mary Capra, Council members Richard Terway, Michelle Lakso, Tom Lee and JeffPaar. Also present were Administrator Dallas Larson and Jim Hoeft of the City Attorney's office. The purpose of the closed meeting was to hear a proposal for settlement relating to the lawsuit with Royal Oaks Realty, Inc. City Attorney Hoeft reported that the opposing party made a settlement offer of $50,000 payable on October 1, 2005. The attorney explained that the City received two favorable rulings from a judge regarding the case. Most significant is the fact that attorney fees are subject for consideration at trial as provided for in the developer agreement. The Council was not impressed with the settlement offer, especially in light of the recent court decisions. The meeting was reopened to the public at 9:35 p.m. A motion was made by Council member Lee that the Council reject the settlement offer of Royal Oaks. Motion seconded by Council member Paar, all present voted in favor. The motion was declared passed The motion duly passed to adjourn the meeting at 9:40 p.m. Dallas Larson, City Administrator II terv'i{{e 'EstabfislJed'I&57 CITY OF CENTERVILLE 09/23/05 1 :30 PM Page 1 *Check Summary Register@) Name 10100 MAIN STREET BANK Paid Chk# 020620 LINDSAY, JULIE Paid Chk# 020621 ABBA TROPHY Paid Chk# 020622 ASSURANT EMPLOYEE Paid Chk# 020623 AVLIC Paid Chk# 020624 BENDER, TERESA Paid Chk# 020625 BILL'S RENTAL CENTER Paid Chk# 020626 CENTER POINT ENERGY Paid Chk# 020627 CINGULAR WIRELESS Paid Chk# 020628 CITIES DIGITAL Paid Chk# 020629 DAVIES WATER EQUIP. Paid Chk# 020630 GE POL YMERSHAPES Paid Chk# 020631 IMAGE PRINTING & GRAPHICS Paid Chk# 020632 MENARDS - FOREST LAKE Paid Chk# 020633 NATIONWIDE RETIREMENT Paid Chk# 020634 NORTH METRO MEDIA CENTER Paid Chk# 020635 PC SOLUTIONS, INC. Paid Chk# 020636 PUBLIC EMPLOYEES INS Paid Chk# 020637 PUBLIC EMPLOYEES Paid Chk# 020638 QWEST Paid Chk# 020639 REHBEINS BLACK DIRT Paid Chk# 020640 SECURiTY CONTROL Paid Chk# 020641 SEH Paid Chk# 020642 SWEENEY, KRIS Paid Chk# 020643 T.A. SCHIFSKY & SONS INC Paid Chk# 020644 TIME SAVER Paid Chk# 020645 XCEL ENERGY Check Date SEPTEMBER 2005 Check Ami 9/22/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 9/28/2005 Total Checks $545.98 REIMBURSE ESCROW FOR STREET RE $455.55 PLAQUES - P & R $121.50 SHORT TERM DIS.INS $535.00 DEF COMP W/H 9-22-05 $1.77 REIMBURSE FOR CLEANING SUPPLlE $350.66 READY MIX CONCRETE 1/4 YARD TO $10.12 1694 SOREL ST - SER THRU 9-16- $131.05 P. PALZER CELL PHONE $4,993.95 SCANNER $1,566.64 PARTS FOR HYDRANTS $136.32 POLOYCARBONATE SHEET - CLEAR- $61.34 ELECTRICAL INSPECTION GREEN FL $47.81 SUPPLIES $812.88 DEF COMP W/H 9-22-05 $12,245.66 SCALA TOWER - PLAYER $196.76 CLIENT/SERVER/MESSAGING SUITE $16,826.69 OCT. 2005 INS. $1 ,935.95 PAYROLL W/H 9-22-05 $779.06 651-429-4750 SERV THRU 10-15 $25.00 BLACK DIRT $255.60 BASIC MONITORING FEE THUR 9-1- $6,768.75 MAP PROGRAMS $35.32 REIMBURSE FOR MILEAGE $55.67 CLASS 5 LIME ROCK $446.00 P & Z MEETING 9-6-05 $4,663.04 1694 SOREL ST - SERV THRU 9-6- $54,004.07 Please remember that there will be an updated list of disbursements for approval on 9-28-05. /~ tervi{{e 'Din Gfis/wi" IS::::7 UPDATE CITY OF CENTERVILLE 09/28/05 1:49 PM Page 1 'Check Summary Register@ SEPTEMBER 2005 Name Check Date Check Ami 10100 MAIN STREET BANK Paid Chk# 020646 BONESTROO, ROSENE, Paid Chk# 020647 COW GOVERNMENT INC. Paid Chk# 020648 NCPERS LIFE INSURANCE 9/28/2005 9/28/2005 9/28/2005 Total Checks $14,718.42 GENERAL - SERV THRU 8-27-05 $268.83 FIRE PROOF SAFE $32.00 T. BENDER & J. MEYER LIFE INS $15,019.25 /)4/ &SIIfB MATERJALS MANAGEMENT OIVISION Cooperative Purchasing Venture On behalf of the Materials Management Division, welcome to the Cooperative Purchasing Venture (CPV) program. Enclosed please find one copy of the Cooperative Purchasing Agreement. Any previous agreement is void. Please note that the agreement provides a renewal option for a period of up to five years. This change was made for the convenience of the members and eliminates the need to reapply every year. Organizations can now renew their memberships simply by providing the annual administrative fee. PLEASE HAVE THE AGREEMENT SIGNED BY AN AUTHORIZED PERSON AND RETURN THE ORIGINAL TO SHERRY BROWN. A FULLY EXECUTED COPY WILL BE SENT TO YOU FOR YOUR RECORDS. Your CPV permit number/security access code, which you will receive in a subsequent mailing, will enable you to utilize either the Division's Internet web site or Voice/Fax System to access contract releases. You will also receive instructions telling you how to use either method. In the event you have neither a fax machine nor Internet capabilities, you may request that a Contract Commodity Index be mailed to you. It lists contracts now in force from which you may make purchases. Please submit, in writing, your requests for the actual contract release which contains all pertinent ordering information. When placing orders with the contract vendor, please state your current permit number and the applicable State of Minnesota contract number on all orders. If you have any questions regarding registration, please call Sherry Brown at 651.201.2404. If you have any questions regarding contract information, please call the Helpline at 651.296.2600. L_ Paul Stembler Assistant Director RECEIVED StP 2 3 2004 Enclosure Materials Management ~ivision 112 Administration Building 50 Sherburne Avenue Saint Paul, MN 55155 E-Mail: sherry.brown@state.mn.us P: 651.201.24041 F: 651.297.3996 For TIY ITOO communication, contact us through the Minnesota Relay Service at 1.800.627.3529 /3 ~BDta "ArERIA1-S MANAGEMENT OlVISION Cooperative P<Jrch8~/ng V*"nt",.". COOPERATIVE PURCHASING AGREEMENT This Joint Powers Agreement is between the State of Minnesota~ through its conunissioner of Administration, Materials Management Division ("Division") and r~ M rC M--/f rv i//...r ~ ("Authorized Governmental Unit"). Pursuant to Minn. Stat. ~ 16C.03, su . 10, the DIvIsIOn acqulIes various supphes, commoditIes, equipment, and servIces for state agencies and governmental units (as defined in Minn. Stat. ~ 471.59, subd. 1) through competitive bidding or requests for proposals. The Division, through Minn. Stat. ~ ] 6t. ) 1, and the Authorized Governmental Unit wish to combine their purchasing functions, as specifically provided below, so that the Authorized Governmental Unit may avail itself of the prices which have been agreed upon by the Division and its vendors. The parties agree as follows: 1. Term. This joint powers agreement will be effective on the date State obtains all required signatures under Minn. Stat. 9 16C05, subd. 2, and may be renewed on an annu21 basis not to exceed five years. This joint powers agreement may be canceled by either party upon 30 days' \Iflitten notice to the other party. 2. Services. Upon payment of the annual administrative fee, the Division will make its contracts for commodities and services, listed on the State of Minnesota's Contract Index, available to the Authorized Governmental Unit. 3. Annual Administrative Fee. To become a member of the State of Minnesota's Cooperative Purchasing Venture, the Authorized Governmental Unit will pay to the Division an annual administrative fee of$500.00. The annual administrative fee win be paid by the Authorized Governmental Unit on or before the thirtieth day of June of each year of this joint powers agreement. Failure to pay the annual administrative fee will terminate this joint powers agreement at the end of the last year for which the annual administrative fee has been paid. The Division reserves the right to modify the annual administrative fee. In the event of a modification, the Division will provide written notice of the modification to the Authorized Governmental Unit at least 30 days prior to the renewal date. The annual administrative fee constitutes consideration for the duties and obligations under this joint powers agreement to be performed for a single annual period and does not constitute consideration for the option to renew this joint powers agreement. 4. Use of Division Contracts. To purchase commodities or services from the Division's contracts, the Authorized Governmental Unit must issue a purchase order in accordance with the terms and conditions of the Division's contracts and any requirements applicable to the Authorized Governmental Unit's governing body. The Authorized Governmental Unit must send purchase orders directly to the applicable vendor and will make payments directly to the vendor in accordance with its established procedures and terms of the Division's contract. The Authorized Governmental Unit will not use the goods available under the Division's contracts for the purposes of resale and the Authorized Governmental Unit must be the end user of the goods purchased. 5. Liability. The Authorized Governmental Unit agrees that neither the Division nor its employees personally assume responsibility or liability for any amounts due or claimed to be due pursuant to any purchase order entered issued by the Authorized Governmental Unit. The Authorized Governmental Unit will indemnify, save and hold harmless the Division and its employees from any loss, damage or expense, including payment of attorney fees allowable by law, which arise or may arise from the Authorized Governmental Unit's use ofthis joint powers agreement and from any dispute or claim arising from any transacticn between th~ Authorized Governmental Unit and the Division's vendors, whether or not the loss, damage, dispute or claim arises during or after the period of this joint powers agreement. The Division's liability will be governed by the provisions of Minn. Stat. ~ 3.736. AUTHORIZED GOVERNMENT UNIT STATE OF MINNESOTA By: By: (Authorized Signature) Assistant Director, Materials Management Division (Date) (Title) Permit Number/Security Code Access Code (Address) (Date) MMD~CPV Fonn 1 (7/2005) JOINT POWERS AGREEMENT CREATING COOPERA. TIVE PURCHASING VENTURE MEMBERSHIP /1 L .._.L.-"'-- B u ; , d :' '"' r, 3 . j I LJ ',-='- ..,.---=--- '- o lY ~ m III C' ;- , ;.'J " n, _"__ I ~ -- ~ .,..-=__"--i.... ~_!!__,L ; , r , i T j Q . j J 1 i lJUJi ino d 1 i, J 1 I I I I t : ..' .' :~ I lP I I :J! J , . , I I I I , " ~J +- o':r -no ,11\ ""\ -, :s ::l (" 0 Il\ M-C ~ ~- '"' 4:;~ .,.Q JII= r ~ Q '" " :ri' ~ en ~ In -l- __.=1. I ,I H 1i Ii It , i , i I ! i , (/) i:l .. -.:\; ""Tft\ n-, 11\ In ;:al, -, :. - :1 ~ 'I!. I' I~,~ I' Ft :J cP r~ o -+- . / ;;::-\ ~ (' rr. r- ::i' n, ~\ ::r r> In -;;0 V> -"t- V> <f) ;; .,. -1"" /I~ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVlLLE RESOLUTION #05 - 044 A RESOLUTION AUTHORIZING THE ABATEMENT OF SPECIAL ASSESSMENTS CERTIFIED TO ANOKA COUNTY FOR PID #R14-31-22-44-0040 FOR THE YEARS 2005 - 2019 & PLACING SAME ON THE APPROPRIATE PIN #R14-31-22-43-0040 FOR THE YEARS 2006-2019 RELATING TO THE 2004 STREET PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA: WHEREAS, the Centerville City Council authorized the above stated project and special assessment roIl which contained a typographical error in PIN #RI4-31-22-43-0040 with special assessments being placed in the incorrect PIN #RI4-31-22-44-0040; and WHEREAS, the above stated improvement was financed in accordance with Minnesota Statute 429; and WHEREAS, the City of Centerville gave proper notification of such; and WHEREAS, neither owner notified the City as to the typographical error and a special assessment search brought the error to the attention of City staff; and WHEREAS, Anoka County Property Tax Division has acknowledged and certified $217.15 + Interest ($344.20) for the years 2005 - 2019 on PIN #RI4-31-22-44-0040 in error; and WHEREAS, Anoka County Property Tax Division will certify $217.15 + Interest ($344.20) for the year 2006- 2020 on PIN #RI4-31-22-43-0040; and WHEREAS, the Council has directed the City Clerk or Finance Director to make a request of Anoka County to abate the 2004 Street Project (Fund #83878) from the property legaIly known as PIN #RI4-31-22-44-0040 and placing same on PIN #RI4-31-22-43-0040 for the year 2006-2020; and NOW THEREFORE, BE IT nSOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA directed and authorized the City Clerk or Finance Director to forward Exhibit A to the County of Anoka and requests that they abate the assessment from the property owner's records (pIN #R14-31-22-44- 0040 and add the assessment to the property owner's record (pIN #RI4-31-22-43-0040). In addition, the City of Centerville will reimburse the property owner (pIN #RI4-31-22-44-0040 the amount of $22.95) for the 2005 payments. /3' PASSED AND ADOPTED by the City ofCenterville this 14th day of September, 2005. Mayor, Mary Capra Attest : City Clerk, Teresa Bender /j Anoka County Division of Property Records & Taxation Abatement Form 7 (Rev 2/95) APPLICATION FOR ABATEMENT - SPECIAL ASSESSMENTS (M.S. 375.192) County Auditor's Number For Taxes Assessed in 20 And Payable in 20 County of Anoka Applicant's Name: Applicant's Mailing Address: Applicant's Social Security Number: 7575 Goldoo Valley Road, Suite 250 Golden Valley, MN 55427 Applicant's Telephone Number: Date of Application: 09-19-05 DESCRIPTION OF PROPERTY 7261 Twin Property J.D. or Parcel Number: RI4-31-22-44- Lakes Avenue ()()4() Street Address (if different than above) City or Township: School District Number: Ceoterville 12 04 05 LEGAl. DESCRIPTION OF PROPERTY: Lot 3, Block 2 Cooter Hills 2'" Addition APPLICANT'S REQUEST: Inc1nde fund number & amount due for payable tax year being abated, not total principal amount. $22.95 - 2005 $22.95 - 2006 $22.95 - 2007 $22.95 - 2008 $22.95 - 2009 $22.95 - 2010 $22.95 - 2011 $22.95 - 2012 $22.95 - 2013 $22.95 - 2014 $22.95 - 2015 $22.95 - 2016 $22.95 - 2017 $22.95 - 2018 $22.95 - 2019 When originally certified to the County, Parcel Identification Number was incorrect due to a typographical error. Amount shonld be applied to Parcel Identification Number RI4-31-22- 43-0040 (1863 Fox Run, Lot 15, Block 2 Ceoterville Heights) for the years of 2006-2020. Applicant's Signature Date NOTE: Minnesota Statutes 1988, Section 609.41, "Whoever, in making any statement, oral or written. which is required or authorized by law to be made as a basis of imposing. reducing 01' abating any tax or assessment, intentionally makes any statement as to any material tnatt<< which the maker of the statement knows is false my be sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fme of not more than $3.000 or both." ;1 The following accurately reflects both existing and proposed amounts Tax Special Waste Penalty Interest Costs Total Assessments Fee Oril(inal Prowsed Reduction Tax is Paid Date: .20_ o Equal Annnal o Declining Balanoe o Flat Tax o Abatement o Increase o o Tax is NOT Paid REPORT OF INVESTIGATION After examining the applicant's claims, I have carefully investigated this application and find the facts 10 be as follows: CITYrrOWN COUNCIL RESOLmlON NUMBER: RESOLUTION DATE: Dale Signature of Investigator CERTmCATIONS OF APPROVAL Note: For this abalement to be approved, the County Auditor and the County Board of Commissioners musl favorably recommend its adoption. COUNTY AUDITO'S RECOMMENTATION o Approved o Denied Auditor's Signature COUNTY BOARD OF COMMISSIONER'S ACTION (fo be completed by County Auditor) o Approved o Denied I certify that at a meeting held . 20_ the County Board took the above official action on this abatement This action was duly adopted and entered upon the minntes of its proceedings as a public record, showing the names of taxpayers, other concerned persons and the anwunlS involved. CERTIFICATION OF FINAL APPROVAL (Completed ouly for approved abatements) I further certify that the approval of this abatement has resulted in the following changes: Reduction of Special Assessments $ Reduction of Penalties on Special AssmlS $ Reduction of Interest On Special Assmts $ Reduction of Costs On Special Assmts Total Amount of Reduction Total Amount Payable $ $ $ Signature of County Auditor Dale )? County Fund # Internal Fund #312 ASSESSMENT SCHEDULE Constant Annual Payment Method Project: Project No.: Parcel: street Address: 2004 street Project 14-31-22-4-0040 1863 Fox Run Lot Bloc": Addition: Owner: Mr. Bruce Cooper Interest Start Date: Repayment Period (years): Interest Rate: December 31,2004 15 6.40% Assessments: Untt Measure o Assessment Untt Price Amount $216.00 $217.15 street Project SCHEDULED PRINCIPAL INTEREST PRINCIPAL No. YEAR PAYMENT PAYMENT PAYMENT REMAINING 1 2005 $22.95 $9.05 $13.90 $206.10 2 2006 $22.95 $9.63 $13.32 $198.48 3 2007 $22.95 $10.24 $12.70 $188.23 4 2008 $22.95 $10.90 $12.05 $1n.33 5 2009 $22.95 $11.60 $11.35 $165.73 6 2010 $22.95 $12.34 $10.61 $153.39 7 2011 $22.95 $13.13 $9.82 $140.26 8 2012 $22.95 $13.97 $8.98 $126.30 9 2013 $22.95 $14.86 $8.08 $111.43 10 2014 $22.95 $15.81 $7.13 $95.62 11 2015 $22.95 $16.83 $6.12 $78.79 12 2016 $22.95 $17.90 $5.04 $60.89 13 2017 $22.95 $19.05 $3.90 $41.84 14 2018 $22.95 $20.27 $2.68 $21.57 15 2019 $22.95 $21.57 $1.38 $0.00 $217.15 $127.05 $344.20 Total Scheduled Payment End Construction: Assessment Stert Date: .~ -22-- /j~-tJ{)/cJ Pre-assessment Interest Due $1.15 IlU~f ~ /1-J!;-2z-5I.3 -d:)f/c:; /1 . fl. Bonestroo e Rosene 'Wi1I Anderlik & 1 \j 1 Associates Engineers & Architects 2335 West Highway 36 . St. Paul. MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 www.bonestroo.com September 22, 2005 City of Centerville 1880 Main Street CenterviJIe, MN 55038-9794 Attn: Mr. Dallas Larson Re: ~M Engineering Invoice 500,000 Gallon Elevated Water Tower Bonestroo File No. 616-03-130 qCt1 '5' r"5 tJ 0 1,0 . 1,00 Dear Mr. Larson: Attached with this letter is Invoice No. MN2184-2773 for the amount O~from KLM Engineering, Inc. This invoice is for work performed on the water tower from July 2, 2005 to July 29, 2005 and is anticipated to be the final billing for inspection services from KLM on this project. It is recommended that this invoice be paid from the project construction account. Please let us know if you have any questions regarding this letter or the attached invoice. Yours very truly, BONESTROO, ROSENE; ANDERLIK & ASSOCIATES, INe. ~r(L 'tL~ . Mark R. Rolfs, P.E.-- -U - Enclosures cc: Shawn Mulhern - KLM Engineering -rwP, Fll.e. RECEIVED SI:P 2 3 2004 St. Paul. St. Cloud, Rochester. MN . Milwaukee, WI . Chicago. Il Lf' 'l j?3)5" /9fAJ Affirmative Action/Equal Opportunity Employer <Ind Employee Owned FtIffN (jJor,/(ro3/J<:;-D KLM ENGINEERING, INC. P.O. Box 897 3394 Lake Elmo Ave. N. Lake Elmo, MN 55042 Invoice DATE INVOICE NO. 8/3/2005 2773 CUSTOMER PROJECT DESCRIPTION Bonestroo, Rosene Anderlik & Assoc 2335 West Highway 36 St Paul, MN 55113 Attn: Mark Rolfs, P.E. Inspection Services during New Tank Construction 0.5MG in CenterviIle, MN 7/2-7/29/05 Final Billing P.O. NO. TERMS PROJECT MN2l84 DESCRIPTION QTY RATE AMOUNT Field Inspection - Cole Iverson 70 70.00 4,900.00 Field Inspection Scott Kriese 6 70.00 420.00 Field Inspection Scott Kriese - Overtime (4th of 6 105.00 630.00 July) Project Supervision - Kelly Mulhern (Hrs) 9 75.00 675.00 Clerical (Hrs) 4 45.00 180.00 Cell Phone 2 10.00 20.00 Travel to Site (Miles) 600 0.45 270.00 ,- ", ,- - Make all checks payable to KLM ENGINEERING, INC. For questions Total call Laurie Sylte at (651) 773-5111 $7,095.00 ~ /9i Teresa Bender Page 1 of 1 From: Dallas Larson [DLarson@Centervillemn.com] Sent: Wednesday, September 28,200510:27 AM To: Teresa Bender Subject: FW: Truck Importance: High (])affas Larson, jtaministrator City of Centerville 651-429-3232 -----Original Message----- From: Steve Hobbs [mailto:shobbs@ricecreekwd.com] Sent: Wednesday, September 28,200511:04 AM To: Dallas Larson Subject: RE: Truck Importance: High Yes. $22k is my limit. Steve -----Original Message----- From: Dallas Larson [mailto:DLarson@Centervillemn.com) Sent: Tuesday, September 27,2005 1:53 PM To: Steve Hobbs SUbject: Truck ?)~10~ )i ]1>4 ,}"j .~ f Steve, I didn't get a cl]ance to talk to you after you test drove iiie truck. Do you want the truck? (])affas Larson, -jUministrator City of Centerville 651-429-3232 9/28/2005 /ge CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE #_ AN ORDINANCE AMENDING ORDINANCE #4, Dt\I1SIO!ll65: Accessory Uses and Structures THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: Section 1. Division 65, of the City of Centerville Zoning Ordinance, Ordinance #4, is hereby amended to read: A. No more than two (2) accessory structures are permitted on any Single-family, detached dwelling parcelloca1ed in any district except R -I. Combined aggregate square footage for accessory structures may not exceed two hundred (200) square feet or two percent (2%) of the lot area whichever is greater, except in the M-I and R-4 District. No accessory structure may be constructed on a parcel without a principal structure. Accessory structures must have a minimum ofa five (5) foot side setback and a ten (10) foot rear setback, except in the M-I District where the building code governs the setbacks. No structure may be placed in an easement, except by a written pemrit ClJ1II"OWd by the COuncIl. B. In case an accessory structure is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this Ordinance applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than six (6) feet to the main building, except as otherwise provided in this section. The side walls ofan accessory building may not exceed ten (10) feet in height. The total area of an attached accessory building (garage) shall be no greater than 1500 square feet per level. Swimming pools may exceed the size requirements for accessory structures, but they can not exceed fifty (50) percent of the rear yard. C. Commercial uses in the M-I District will follow the Commercial guidelines for percentage of green space. For all other properties in the M-I District, the maximum accessory structure allowed is 704 square feet and 440 square feet in the R-4 District, neither to exceed the size of the principal structure if an attached garage does not exist. If an attached garage exists, the maximum accessory structure allowed is two (2) percent of the lot size or a maximum of 200 square feet. Section 2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED this _ day of the City of Centerville. , 2005, by the City Council of CITY OF CENTERVILLE BY: Mary Capra, Mayor ATTEST: Teresa Bender, City Clerk ~() Draft 9-21-05 Bridge Guidelines The following rules are for the erection of new private bridges in the City of Centerville. All private bridges will conform to the following requirements. All private bridges shall be considered a deck and require a zoning or building permit. A bridge located in an easement will not be allowed unless it functions to provide the property owner access to a part of his property not otherwise accessible and such access is required for maintenance of the property. If the bridge is located within an easement, the property owner shall sign an encroachment agreement with the City prior to the erection of the bridge. No private bridge may span across any waterway without prior approval from the City Council. A condition of approval for a bridge in an easement is that the property owner shall provide liability insurance in the amount of $1 million and naming the City Of Centerville as an additional insured. A decorative bridge is one that is less than 30" above the grade and is exempt from the permit requirements but is not permitted in an easement. ;v Draft 2005-09-23 ENCROACHMENT AGREEMENT AGREEMENT ("Agreement") made this _ day of , by and between the CITY OF CENTERVILLE, a Minnesota municipal corporation ("City"), and ("Landowner(s)"). RECITALS A. Landowners own in fee as joint tenants the real property situated in Goodhue County, Minnesota, legally described as follows ("Subject Property"): (Insert legal description) B. Landowners' bridge (hereinafter "Structure") is located partially on the Subject Property and partially within the City's easement. Landowners seek permission from the City to encroach in the City's easement. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. The City hereby grants Landowners permission to encroach into the City's easement to the extent indicated on the Certificate of Survey attached hereto as EXHIBIT" A". 2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of the City's interest in the easement. 1 ~ 3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to defend, indemnifY and hold the City harmless from all costs and expenses, claims and liability, including attorney fees, relating to or arising out of the grant to Landowners of permission to encroach into the City's easement [and Landowners will provide City with a Certificate of Insurance indicating liability coverage of$1 million and naming City ofCenterville as additional insured]. Landowners further agree to indemnify and hold the City harmless from any damage caused to the Subject Property as a result of maintenance of the City's easement, including any damage to the structure caused in whole or part by the encroachment into the City's easement. 4. The City does not warrant title or guarantee the continuing right of Landowners to maintain the Structure in the City's easement. 5. Landowners may not replace the Structure in the City's easement if the Structure is damaged to more than fifty percent (50%) of its fair market value, as measured immediately prior to the damage. 6. The City may direct removal of the Structure, at the Landowners' sole cost and expense, upon thirty (30) days written notice if the City determines that the Structure will interfere with City's use of the easement. 7. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. CITY OF CENTERVILLE By: Mary Capra, Mayor By: Teresa Bender, City Clerk 2 ;?3 LANDOWNERS By: By: STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _ day of . . by Mary Capra and Teresa Bender, Mayor and City Clerk, respectively, of the City of Centerville, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA The foregoing instrument was acknowledged before me this _ day of . (insert single person, husband and wife or??). Notary Public DRAFTED BY CITY OF CENTERVILLE 3 ~1 SEP-19-2005 14:59 LEAGUE OF MN CITIES 6512811296 P.02 Loss Control Recommendations for Pond Safe Laco TROt "l:VThen cicies aIJow development W in their communities, they must also consider the: associated water drainage issL1cs. In many simadons, creating SC:Otm wa.ter retention ponds is pan: of the city', Water drninage solucion. If the cicy doe, nOt build such ponds, it could potcncialJy bc liable for water damaS" to property. Srorm vvatcr retention ponds, like my odlcr body afwacer. however, create the possibility of ccrt.,in risks. Wh>t if someone was injured or drowned in a city)s norm water retention pond? What i, the city's pocentialliability? Should the cicy have placed a fence around rhe pond? Are there any other meas~lr~s the city can tnkc: to minimize: the danger around ponds? . From a legal scmdpoinr:, Minnesota court cases have held that cities =y have a duty to secure c.01.i_~m.lcted pon.ds if it is foresee.ble that individuals, especially children, will be near such ponds. Citi.. ore also lefl'llly responsible for exerciliing reasonable care in the design and nuimcnance of the pond,. Cities should consider ways ro reduce Or elimirmte rhe potential risks associated with ponds. F...<i..g. The city should comider installing fencing if: . The pond is in a location where children may congregate (parks. pby- ground.s~ day care centers, schools). . The available J",d only allow> COn- stnlction of sreep..doped side~. . The city knows that the poud is used for recreation purposes, even thOLlgh the pond was noe constnlCted for recreation purposes (e.g.. swhnrrling. fishing, ice skaciog). Slopmg. Cities ,houId e"-<Ute thar the ,lope of the pond is shallow; for =1'10, by building a long, sloping shelf around ehe edge chat leads co . deeper center. Such a design allows persons or animals that accidentally fall ineo ehe pOll.d to easily wade om of the pond. By Ellen Longfellow MizUrial. If the nu.terials around the pond arc slippery, ,ucll as thy or moss, the city should pllt down grovel or rocks so people who accidentally fall into the pond can e..'ily gee out. u,... If the pond is only being used fo< storm draimg<; retention, the city ,hould clearly mark the pond with signs Stating that other uses are not .allowed and should periodically enforce th.osc rules. ror e"'=ple, the signs might state the following: "No Swim.ming, No Fishing, No Skating, No Boating.- The city could also publicize the rules pertaining co the wc of the pond in the city newsletter Ol1d on the city web site. Other uses. If the pond is being used for ocher purpo~cs in addirion [0 wa.ter retentionl make sure i[ is maintained for those purposes. For ex.'Utlple, ;f the city aIJows ;c<--skating on a pOl1d during the winter, it mllse monitor the depth and condition of the ice. Or if a pond i< available fi)r fis]';l1g and the surrolmd- ing area is used fur picnic<, the city should make Sure the pond and the surrow1ding; aTea are safe for those specific wes. Dod.... The city should not allow private docks to be built On cicy stonn sewer pond'. Since Ule dock is cormetted to a city cascnlCllt, the cicy would be potentially liable for any iujuries thst OCCut as a res"lt of the use of the dock. [f a city allows a ptivate doc.k, it shculd req\ljre thc dock owner to bave liability insurance and to sign an indc:mnification agteernent. . Signag.. If dangerous cQuditions like thin ice or a steep slope exist and cannot be eliminated, the city should place signs warning Qf those conditions. Natu,al ./rip a,oond po"". Consider uot mowing scrips aroUJld the ponds Ol1d :illow thorn to grow wild. These areas will help tilter runoff warer before it reaches rhe pond, Ol1d will discourage a.nimals .nd people from entering thc pond. Do",,,,rnl. The city should nuintain records ofany decisions rel.ting to its pouds. . . Cond.,ion. Please consider and follow these loss concrol recommenda- tiODs in otder to make your storm water ponds as safe as possi ble. You don'~ wnut to be in the posicion of solving your water drainage problems. but unintentionally creating a hazard- ous condition in your city. ~ Ell.. iJJngfellow t, loss (ontrol llltDmey wirh tIw I..e~gll' rf Minnesota Cities [n""rall<< Trmt. Plume: (651) 281-1269. E-mail: elongfd@lm."..org.l.ho.or.to.I1...). 'i/Dot" Drugg, IMCIT Los, Con,,,,l. ~;~r;' ~'~; ,;;: ~;~i,1.;':i;}.:~1~i~.I~~:~;.;,:;.:;i:?:.j;,::~,<';i:.~(:~':;:~ :'J~~:1~~~'?V{di,~~t,:~:i:;::.~;;-:"~'~,\ i: ~Jj~~;~:~f~r;;;~~~:~ ;,.:,:,}. ~;_;~i ,,'.,;' '~'r~~, f;i;'}~L ~: .~~f: d;t::f;:jS~;~i;iti!~~t'i1~i!~'1<t:~~:3:'a:!,,;~~~;;~~~!, ,3.K~4:~tIti1i:~~5D;~;:'.lb: :;./t ,I... 4 ioss CllN'l"1l0L QUARTI<k.LY FHI 2003 ;l..-/~ SEP-19-2005 14:59 LEAGUE OF MN C IT I ES 6512811296 P.03 ~s CONTROL ., ~ 47 - POTENTIAL LIABILITIES IN AND AROUND PONDS by Rich Korm~, LMCIT Research Assistant The issues considered here are whether a municipality may be liable for the drowning of an infant or an adult on private or public property on the theory of either allowing a nuisance to exist or for negligently maintaining a pond. Included is a discussion of the attractive nuisance theory, even though it applies only to property owners because of policy analysis. FOREIGN JURISDICTIONS Generally, courts have refused to impose liability upon municipalities for death to children from ponds under the attractive nuisance theory. Harper v. Topeka, 92 Kan. 11, 139 P. 1018 (1914): Raeside v. Citv of Sioux City, 209 Iowa 975, 229 N.W. 216 (1930); Fiel v. City of Racine, 203 Wis. 149,233 N.w. 611 (1930); Ochampauah v. City of Seattle, 91 Wash.2d 514, 588 P.2d 1351 (1979). Ochampauah found that the "most significant factor to be considered when it must be decided whether liability will be imposed upon the possessor for a condition existing upon the land is the likelihood or probability of harm to others." ~ at 1356. This court concluded that natural bodies of water, or similar artificial waters, do not present a likelihood or probability of such harm and noted that these natural waterways comprise one of the state's most cherished amenities. Under the attractive nuisance doct~ine, a p~ope~ty owner must use reasonable care to protect child trespassers where the owner reasonably anticipated the child's presence. This anticipation must be based on actual or implied knowledge of a feature's attractiveness to children. Hardv v. Missouri Pac. R.R. Co., 266 F. 860 (1920). The refusal to apply the attractive nuisance doctrine is based largely on the prevalence of ponos and the difficulty which a duty to fence would impose. As one court has noted, "Hundreds of bodies of water, both large and small, dot the entire state. These do take their toll on human life, especially of children, but it has not yet been deemed to be the duty of the owner to fence or barricade the ponds so as to exclude the public." Fiel, 203 Wis. at _,233 N.W. at 613. However, a court has noted that all bodies of water are attractive to children. Raeside, 209 Iowa at ___, 229 N.W. at 217. In Minnesota, the burden would be unreasonable because of the large number of ponds and lakes. It has been held that "a pond cannot be rendered inaccessible to boys by any ordinary means. Certainly no ordinary fence around the lot upon which a pond is situated would answer the purpose: therefore, to make it safe, the pond must be either filled or drained." Omaha v. Bowman, 52 Neb. 293, _, 72 N.W. 316, 318 (1914). In 1 ;!-1 i SEP-19-2005 14:59 LEAGUE OF MN CITIES 5512811295 P.04 48 addition, the liability of a municipality to the owner of the premise for causing the overflow of water ... does not make them liable to third persons for the drowning of a child in a pond. Ig., 52 Neb. at ___, 72 N.W. at 317. The attractive nuisance doctrine has generally been regarded as part of the law of negligence. Conditions on privately owned land do not usually impose any responsibility upon the municipality on the theory of attractive nuisance. McQuillan's Municioal Coroorations, S53.59 (f); See also Rhodes v. City of Kansas City, 167 Kan. 719, 208 P.2d 275 (1949); Woolf v. City of Dallas, 311 S.W.2d 78 (Tex. Civ. App. 1958). MINNESOTA LAW The attractive nuisance doctrine is not followed in Minnesota. Negligence must be shown because an attractive nuisance indicates no special departure or exception from the ordinary run of negligence cases. Hockinq v. Duluth. Mesabi & Iron Ranqe Rv., 263 Minn. 483, 489, 117 N.W.2d 304, ___ (1962). One element Of negligence is the existence of a duty to the plaintiff. Actionable negligence does not exist unless there has been a failure to discharge a legal duty to the one injured. Id. However, it has been held that there is no duty to fence or supervise a natural watercourse. Kellv v. City of New York, 25 N.Y.2d 950, 252 N.E.2d 636, 305 N.Y.S.2d 159 (1969). The plaintiff must also show that there is a special duty to the deceased or injured, and not just a duty to the general public. See Cracraft v. City of St. Louis Park, 278 N.W.2d 201 (Minn. 1979). However, it is settled in this state that: a municipality owes a duty of care toward children using the streets for recreation and play. Harninq v. City of Duluth, 224 Minn. 299, 303, 28 N.W.2d 659, ___ (1947). One court has found, however, no liability for the death of a child who fell into an unfenced drainage ditch, stating that the important factors are the presence of a hidden danger (e.g. a deep hole in a Shallow pool), knowledge of the condit:ion by the municipality and the practicality of remedying the danger. Peacock v. Dexter, 544 S.W.2d 80 (Mo. Ct. App. 1976). In Slinker v. Wallner, 258 Minn. 243, 103 N.W.2d 377 (1960), a landowner was held liable for the wrongful death of a trespassing child under a nuisance theory. The court based its decision on the requirements that there must be a foreseeable riSk of injury and an unreasonable danger. These are similar to the requirements that the city must have notice of the dangerous condition and an opportunity to cure before it can be found negligent. Fuller v. Citv of Mankato, 248 Minn. 342, 60 N.W.2d 9 (1956). Other courts have found that the danger of water in a pond 2 ~ -I tJ; SEP-19-2005 15:00 LEAGUE OF MN en I ES 6512811296 p.e5 49 is or should be obvious to a child, and therefore is not an unreasonable risk to trespassing children. Carqill. Inc. v. Zimmer, 374 F.2d 924 (8th Cir. 1967). This court analyzed several Minnesota cases concluding that where liability was imposed, the defendant ha.d knowledge of foreseeable harm because of the attraction of children to the area. rg. at 930; See Heitman v. City of Lake City, 225 Minn. 117, 30 N.W.2d 18 (~947) (A child drowned when he fell off a wall and into a harbor built and maintained by the city. Liability was imposed because children frequently used the wall and the city had not fenced it off. In addition, an occasional warning by the harbor master did not constitute the exercise of a sufficient degree of care) ; Davies v. Land O'Lakes Racing Assoc; 244 Minn. 248, 69 N.W.2d 642 (1955) (An accident occurred where children were known to play. The court, concluded that where one knowingly maintains something that mayor is certain to attract children or may present a concealed danger in an area where children are more or less likely to trespass, the legal effect may justify a finding of actionable negligence) . NUISANCE A municipality is not liable for the failure to abate a nuisance which it did not create, except after notice and a request to abate is received. McQuillan's Municioal Corporations, ~53.59 (a). Generally, the failure to enact or enforce ordinances for the prevention or abatement of a public nuisance on private property will not render a municipality liable. Id. at ~53.59 (c); See Arnold Y. City of St. Louis, 152 Mo. 173, 53 S.W. 900 (1899) (No liability for a municipality where the pond is on private property because the municipality had no control over private property and was under no duty to abate the nuisance) . In Minnesota, it has been held that a municipality, in an action for a child's death by drowning, was not chargeable with negligence as a matter of law for piling rubbiSh on a path within city streets. Stadherr v. City of Bauk Center, 180 Minn. 496, 231 N.W, 210 (1930). This was the result even though the municipality owned the property where the accident occurred. Private nuisances only produce damages to one or a few persons. 58 Am. Jur. 2d Nuisances S9 (1964). Prevention or abatement of a private nuisance is the responsibility of the injured party and not the municipality. Bill v. StokelY-Van camp. Tnc., 260 Minn. 315, 109 N.W.2d 749 (1961). Public nuisances affect a considerable number of persons. Minn. Stat. S609. 74 (198B). This statute defines a public nuisance as follows, "Whoever by his act or failure to perform a legal duty intentionally does arty of the following is guilty of maintaining a pUblic nuisance: (1) Maintains or permits a 3 ~lj SEP-19-2005 15:00 LEAGUE OF MN CITIES 6512811296 P.06 50 condition which unreasonably annoys, ~nJures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public." Id. In general, sewage and drainage conditions which menace public health are nuisances per se and are subject to summary abatement. McQuillan's Munici1;>al Coroorations, ~24. 257. Stagnant water, particularly where insects breed, is without a doubt a public nuisance. lQ. at !i24.2650. Courts have used the nuisance theory in drowning accident cases which have occurred on land owned by a county. Caywood v. Board of County Comm'rs of Sedawick County, 200 Kan. 134, 434 F.2d 780 (1967). Here, the court listed the following things as nuisances, sewage plants discharging raw sewage, a public dump which contained a stagnant pool and a defective surface water drain. Then the court stated that swimming pools in city parks, an artificial drainage channel and a sandpit excavation full of water are not public nuisances. Id. at 786-87. STANDARDS QF CARE Minnesota courts have followed the various standards of care found in the Restatement (Second) of Torts with regard to the above situations. Each situation has a different standard of care based on the age of the plaintiff and the locacion of the waterway. The general rule for liability of possessors of land to trespassers is Restatement (Second) of Torts ~333. See HUQ'hes V. Ouarve & Anderson Co., 338 N.W.2d 422, 424 (Minn. 1983) (Restatement (Second) of Torts ~!i333, 335 are the standards of care for adult trespassers). The rule states a possessor Of land is not liable to trespassers for a physical harm caused by his failure to exercise reasonable care (a) to put the land in a condition reasonably safe for their reception, or (b) to carry on his activities so as not to endanger them. If the waterway is a drainage ditCh or some other type of artificial condition which is highly dangerous to constant trespassers, the standard of care is Restatement (Second) of Torts ~335. See Lawler v. Soo line R.R. Co., 424 N.W.2d 313, 316 (Minn. Ct. App. 1988); Watters v. Buckbee Mears Co., 354 N.W.2d 848, 850 (Minn. Ct. App. 1984) (Both cases utilize Restatement (Second) of Torts S335 in analyzing each claim). The rule states a possessor of land who knows, or from facts within his knowledge should know, that trespassers constantly intrude upon a limited area of land, is subject to liability for bodily harm caused by an artificial condition on the.land, if (a) the condition (i) is one which the possessor has created or maintained and 4 ~-I~ SEP-19-2005 15:00 LEAGUE OF MN CITIES 6512811296 P.07 51 (ii) is, to his knowledge, likely to cause death or serious bodily harm to such trespassers and (iii) is of such a nature that he has reason to believe that such trespassers will not discover it, and (b) the possessor has failed to exercise reasonable care to warn such trespassers of the condition and the risk involved. If the waterway is an artificial condition highly dangerous to known trespassers, the standard of care is Restatement (Second) of Torts ~337. The rule states a possessor of land who maintains on the land an artificial condition which involves a risk of death or serious bodily harm to persons coming in contact with it, is subject to liability for bodily harm caused to trespassers by his failure to exercise reasonable care to warn them of the condition if (a) the possessor knows or has reason to know of their presence in dangerous proximity to the condition, and (b) the condition is of such a nature that he has reason to believe that the trespasser will not discover it or realize the risk involved. If the waterway is an artificial condition which is highly dangerous to trespassing children, the standard of care is Restatement (Second) of Torts &339. See Minnesota Law Section of this letter; Kukowski v. William Miller Scrap Iron & Metal Co., 353 N.W.2d 638, 641-42 (Minn. Ct. App. 1984) (Quoted and used Restatement (Second) of Torts ~339) _ The rule states a possessor of land is subject to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land if (a) The place where the condition exists is one upon which the possessor knows or has reason to know that children are likely to trespass, and (b) the condition is one of which the possessor knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children, and (c) the children because of their youth do not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it, and (d) the utility to the possessor of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to children involved, and (e) the possessor fails to exercise reasonable care to eliminate the danger or otherwise protect the children. 5 ~/r 5EP-19-2005 15:00 LEAGUE OF MN C IT I E5 6512811296 P.08 52 The rema~n~ng question to be addressed is determining who is an adult and who is a child under the restatement standards. In Huahes, 338 N.W.2d 422. 424-25. the court examines this issue in depth. There is no set age at which a plaintiff should be denied 5339 instruction. Comment c to 5339 states that 5339 has been applied in a few instances to 16 and 17 year old children. The comment also says that as the age' of the child increases. conditions become fewer for which there can be recovery under this rule, until at some indeterminate point, probably beyond the age of 16. there are no longer any such conditions. In the end. this determination has to be made after reviewing the facts and circumstances of each case. In conclusion. a municipality has a duty to fence man-made ponds if it can be reasonably foreseen that individuals. especially children, will be by such ponds. An example would be if a sewer retention pond is constructed next to a day-care center. However, with regard to natural ponds, it is uncertain whether or not fencing could be required. Even the Restatement (Second) of Torts has expressed no opinion as regards this issue. Therefore, use the same reasonableness standard as used in the above man-made pond situation. 6 ;ti TOTAL P. 0'/ Law Office ofJames S. SHerr Send all replies to: P.O. Box 298 Isanti, MN 55040 James 5. Silen, Attorney At Law . Isanti, 11tnnesota 55040 Telephone (763) 444-8509 September 24, 2005 Mayor Mary Capra Couricil Member JeffPaar Council Member Tom Lee CounCil Member MichelleLakso . Council Member RlchardTerway Dallas Larson, City Administrator cltyHail .. . . '. . Centerville,Mirinesota 55038 ',',' .' , .. , -'.. . .- . '. - Re: Dock,on propert)' belohgingto John:j1ldJaIllie Bergeland . . 1715 Dupre RoadiCenterViIle,MN 55038 .' ' , . ," .',' .. .. DearMayor Capra atld Members o{the CityC()uncil: . . . . - .'. ,. . . . Irepres~nt John :j1ld Jainie Bergelarid;the owi1er~of lot :2 inilie,Phelisa'nt Marsh '.. ,. ,.':' .'__..... .' ". ,_' _ "", ,",: c....., . '.'-',,_,._' ,_",..., '. " ," .. -',' " .,'_' .,' "_'__,'. '.. . Addition located at 1715 Dupre Rpad, Centerville; Minnesota; The Bergelands have peen cont~ct~d by the City of C~ntervi1ie abo~ttheiem()valof:a d~ck located ontheir .property. .Jamie Bergeland and 1 app~ared at the September 14,20QS,Co\lncill11eeting and asked the Coullcil tOfYconsidl)fitsobjections to the dock. At thatmeeting, I . ..questionedwhetherthecity wasjustified in hsheigl1tened ~ncern:~yerits liability fora. ' . doc~()nprivateproperty. The (;ity attQrlleyjl.lstifiedthe cily'sWnceffi witp.rtlferynceto . ):1lemorandareceivedfrom the League of Minnes()ta Cities arid indicatedthlifthedock is ill, a drainlige easement which is siibjec!totheSity's Ordirian<<eNurilherA " . 'TheLeagtie ofMiririesota Cities; memoranda titled Loss Control Quarterlv is dated ... . Surnrner 1990 and can be questioned a.s to its current relev?llce, Iri.arecent telephone. conversation with RlienLongfellow; the LMCIT Staff Attomeyand author of the .., . memorandum, Ms. Longfellow was unable t() ,cite any MinnesOta case which imposed '~.,. municipal liability for an aecidentonaprivate pond. Moreover,thememorandum. . addresses private docks attached to city property which is notthe case at hand: Finally, the League's material included in your packet of materials for your September 14 meeting does reference sample ordinances which allow for private docks to remain in place (pages 39-41in yourpacketofmateriais).. . . .:~ , Ordinance #4 does not mention docks. It does state that no structure may be placed in an easement (Division 65). However, the definition of a "structure" as provided in Section . 015-020 excludes certain items, such as "enclosed play structures under fifty(50) square feet, fences and patios." Whether or not, a dock would fall within the excluded items is ambiguous at best. " .'-- - ~1j Mayor and Members of City Council September 24, 2005 The Bergelands purchased their property in May 2004 and constructed their dock in July 2004. The Bergelands were unaware of any code or ordinance violation at the time they constructed their dock. The dock itself is a small affair, measuring approximately 6 feet long and three feet wide as it extends into their pond. Until the Bergelands received a letter from the City dated August 22,2005, requesting the removal of the dock, they were unaware of any problem or concern that the City might have. In a letter addressed to Dallas Larson, City Administrator, dated August30, 2005, the Bergelands, joined by other dock owners, indicated their willingness to have the City . covered under an umbrella policy as part of their private homeowner's policy. The cost ofthe aclditional coverage would be incurred by the homeowner. This proposal is -identical to one recommended by the League of Minnesota Cities in their materials included in your packet of materials for your September 14 meeting. . - The Bergelands very much wish to retain their dock. They constructed their dock in good. . . faith, believing it to be part of the quiet enjoyment oJ their property. They would view the removal" of their dock to be a misuse of your easement and.a takfug of their property. . I hope you can resolve this matter Without requiring the Bergelands to remove their clock.' . There are other less drastic options open to you. You could requite that the Bergelartd~' . 'tUJ.d ofuerssimilarly situated name the city as an "additional insured" on the insurance. '. policy relating to the dock. You could allow the Bergelands to retain their dock with the. writtertunderstanding that the dock would be removed upon the sale of their property. .' Such all approach would leave open the amending of your Ordinance Number 4 to- _ reference docks and remove the present ambiguity. ., ~ Very truly yours, ~'OI'.i ~ - (J\",>--: James S. Silen -- . cc: John and Jamie Bergeland 2 MEMBER MINNESOTA BAR ASSOCIATION / It.... jAMESS. SILEN. ATTORNEY AT LAW' "'Also Certified Public Accountant .." \. 9/28120 NAME SEH Data View ADDRESS PIN Not Specified DataView Map Not Specified Active layer:: Storrn Ponds l!i i ... ~ie ~ mY (OPY PHEASANT MARSH FIRST ADDITION .. ...... ... .. 'M: ..,.. ft... mT t1f' 'M! ~ ~ ,..... or lHt SOO'fto1WE'5T CtJAI'l'lEt SEe. 13, T. J'. III. 22- ---....,.oe $89"29'02"0--- ---385.04___ OUTLOT 8 OUTLOT CITY OF CENTERVILLE COUNlY OF ANOKA SEC. 23, T. 31, R. 22 ) ~. .. I -\AI 1~'t'I "I ,') ", Tr 1r- I I ~ v,- I nc_ "I '" r\r- I 1"1" vt TI,r -r- ., , It I nc.. ~c.. ,1"'1" - I r 1\-- I .. I =-- -L1 .. 1'.--' ("~ I l~. I:::: 1 (!~ ::i'~ ~ . 'IU) 9,' () <(..j 1'-,,' uF-. cJ I ! 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If^ Page 1 of 1 Teresa Bender From: Dallas Larson [OLarson@Centervillemn.com] Sent: Tuesday, September 27,200511 :31 /!1M To: 'Dan & Mary Capra' Cc: Teresa Bender Subject: RE: Chauncey Tour Karen Skepper will share their financial and occupancy information. ([)affas Larson, Jldministrator City of Centerville 651-429-3232 -----Original Message----- From: Dan & Mary Capra [rnailto:netfalcon@comcast,net] Sent: Tuesday, September 27, 2005 12:28 PM To: Dallas Larson Subject: RE: Chauncey Tour Yes, I will be there. Have you been able to obtain any information regarding their financial situation? I would like to have Chauncey Barell added to the agenda under updates. Mary -----Original Message----- From: Dallas Larson [mailto:DLarson@Centervillemn.com] Sent: Tuesday, September 27,200511:45 AM To: Mary Capra; Lakso, Michelle Subject: Chauncey Tour Just a reminder, you both Indicated that you would attend a tour and lunch at Chauncey Barett tomorrow. Thanks. ([)affas Larson, jtaministrator City of Centerville 651-429-3232 9/27/2005 /5 L__ tervi{{e 'Esta6(isfrei 1857 1880 'Main Street _ CentemiTe, 'MJ{ 55038 (651) 429-3232 _ P~(651) 429-8629 September 19, 2005 Spring Lake Park Lions P.O. Box 32955 Spring Lake Park, MN 55432 Dear Ms. Virginia Miller: The City ofCenterville would like to express their gratitude for your organization's recent donation of $2,000.00. We can definitely use the financial support for Fete des Lacs. Council will be informed of your donation. Thank you. Sincerely, b~' . ::;-- ;- ,:', '-"--; 0 .'_ tr[.&i>O/ (.>'7Ja..xt.h ~/-? Dallas Larson City Administrator DLltb SPRING LAKE PARK LIONS CLUB .po BOX 32955 SPRING LAKE PARK, MN 55432 -z ~ "J-.-... ~~ 2- 0'05' 7 i i I I i I i I I I I' I i Congratulations! Your request # cP{O - JI.1 (our number) has been approved for the amount of $ ::(~,~ by our general membership. The Spring Lake Park Lions hope / these funds will aid in the completion of your project or cause. We handle the disbursement of funds in three ways. They are: 1. A check is enclosed with this letter. 2. You submit a vender invoice to us for payment of the approved amount. 3. One of our officers or representatives will contact you about setting up a time to personally deliver the check. Since we derive our fi1llds from charitable gambling, which has strict giving guidelines, please llse these funds for the reason they were requested. Any correspondence can be sent tu the above address. Sincerely, RPJCEIVElJ SEP I 5 ZOO~ 'Vr ~~ Community Needs Chairperson SLP Lions Gambling Manager "'~"v""'''''''''''' " O-i" 0 -l JJO?( JJ Cl-i . E mI JJm l:l 0 - ." .. 0 U~ -l \'. 0 ili 0 f """\ 0 0 3 g "- en ,.. t z " ... > :tI r ~ Z OJ .Ll I' Ii) O:J !i: .. " - m .. ~ 0 .Ll :tI ... " 0 .... 0 0 0 Z 0 en ... ..0 - .. ... 0 O:J 0 0 UJ r .Ll ... UJ .. o o r- ~ .(\1> '" ;~ 'a ED ~ . I"""" ~H! o ~ m -Ell- t ~ -- o"i". ~ g,:g ~ \1;5 Ol ~~ co ~~ Ol . . tervi{{e 'Esta.6[isfteti 1857 1880 'Main Street, Crntervirre, ~M.'.N 55038 (651)429-3132 fax (651)429-8629 RECEIVED OF 1966 AMOUNT Spring Lake Park Lions $2,000.00 FOR: Donation CHECK # 14898 SURCHARGE BY Teresa Bender September 16, 2005 Thank you for your business. Receipt # 1 9 6 6 ,.. "", tervi{{e 'Esta6{ishecf 1857 1880 :Main Street . Centervi[[e, :M:N 55038 (651) 429-3232 . 'faY;. (651) 429-8629 September 23, 2005 Mr. Mark Larson Dead Broke Saddle Club P.O. Box 441 Hugo, MN 55038 Dear Mr. Larson: On behalf of the City of CenterviIle and the Parks & Recreation Committee we would like to thank you for the Dead Broke Saddle Club's recent donation of $2,500 for the purpose of purchasing a play structure for Laurie LaMotte Memorial Park. Your generosity is greatly appreciated. Siner' 4 ~ut!/; . ~ ~..-/ Mr. Tedd Peterson, Chairperson, Centerville Parks and Recreation Committee ~ Mr. Dallas Larson, City Administrator ;>J ;J lD 0 <ll lD :::. "E: '<" .. ~ .... t:: lQ 0' O'l .... 00 ~ t:: .... t:r iii s" ~ U> s: 0 "'ll "TI 0 Al lD lD 0 m e lC "!l. 3 :I ~ !!I- ~ i9 c. C'l lD 0 3 ~ 0" II<> m m Ii' ~ :I ;>J a <: .. "'ll 0- lD S m m ~ 0 a .. ~ r- ~ U> !D ,.. lD m m !!l- e "'ll c Q. ~ .. o' Q. "TI ij)" :I <D f!l. r- 0 0 m 0 i: ~ s: c 3 C" g, a 3 c lC OJ; ~ lD lD lD (fJ 0 c :x: ;>J m 0 0 :x: ^ :P- .. '" ;u .. 0 m Gl <0 0 '" '" -< m "" ~ z :P- i '" <0 ~ ... ~ .... ... :roo '" Ul s: 0 e 0 0 c: 0 z .... . ~~~:n?KE SADDLE,CLUB ! ~. HUGO, MN.. 55036.. 1~~~!'{f.~~#~ . i , . ,- 75-6831919 3011621 DArE 9,-/?~ ~ ~ ~~ 0,0 i-~ ~ E' , ~ \'.i ~ w. " .~ ~~t.' ~ ~~ ~ ~ ~" lS,~ ):'jfl~ Ii!;< i:" do:i, "" f::. o,~ ""Vl-~' \DG:: ~~. ~ ..., '" 8947 L$I~~~~ DOLLARS. ~_J2 ~::- MEMO ~~8r~ .+i:D"l~'l6bB;lal:301Ilii.a 2~11' ba"li.'i' . ,.. ... '" tervir{e 'EstaJjCisfietf .1857 1880 !Main Street, Centerviffe, :MJIf 55038 651-429.3232 or Pax.. 651-429-8629 September 21, 2005 Commissioner Rhonda Sivarajah Anoka County Government Center 2100 3rd Avenue Anoka, Minnesota 55303-2265 Re: County Road 14 Project Dear Commissioner Sivarajah The City Council asked that I invite you to their meeting to discuss the County Road 14 reconstruction project. As you know, the City has expressed numerous concerns over the design of the CSAH 14 reconstruction. These concerns include, access for businesses, excess right-of-way disposal, pedestrian crosswalks and a number of other problems. These have not yet been adequately addressed. The Council would like to have an informal discussion with you to express their concerns and convey their position on the outstanding issues. This letter will confirm that you will be able to attend the meeting of September 28, 2005, at 6:30 p.m. Thank you. Yours truly, ~ya::tn~X~ Mary Capra, Mayor Cc: City Council tervi[[e 'Esfa6{isfietf 1857 1880 :Main Street _ Centerviffe, 'MJ{ 55038 (651) 429-3232 _ pa.x:.(651) 429-8629 September 12, 2005 Mr. Dave Gonyea Gonyea Homes 50 Groveland Terrace, Suite B Minneapolis, MN 55403 Dear Mr. Gonyea: RE: Peltier Preserve - CenterviIIe, Minnesota There are several issues of concern within the Peltier Preserve development. I desired to bring them to your attention so that you rectifY them as soon as possible. They are as follows: - Tree Plantings - 2 per lot & 4 per comer lot - Repair two (2) gate valves - Repair curbstop at 7370 Peltier Circle - Sweep Streets - Cut weeds on all open lots Your prompt attention to the above stated matters is greatly appreciated and the City would like to thank you in advance for your prompt action. If you have any questions or concerns regarding this letter, please feel free to contact myself at (651) 4 9-4750 or City Administrator, Mr. Dallas Larson at (651) 429-3232. Cc: City Council City Attorney Mr. Dallas Larson '. ,. - :~ fl,&gional RepoJl~ ... Guidelines for Priority Funding for Housing Performance January 2003 ~ Met~ei~!::~ni~?t~;!~ Affordability and Diversification o to 8 points I. Municipalities are ranked according to the percent of their owner-occupied housing (homesteads) with an assessed valuation equal to or lower than an amount affordable to households at 80 percent of area median income, and their total number of mobile homes. .. n-O-to-8points-~2-. M\lIlicipalitiesare rank-ea aeeeffiing-te-tfte-pcrecnt of-theirtotal-housing stock that is comprised of rental units affordable to households of low- and moderate-income (50 percent of area median income or less). This includes all federally subsidized rental units - public housing, Section 8 housing, units subsidized by the U.S. Department of Agriculture, units developed with the use of low-income housing tax credits, units developed with the assistance of MHF A, the LCA Fund or the assistance of a local fiscal tool or housing finance initiative. o to 8 points 3. Municipalities are ranked according to the percent of their housing stock that is comprised of units that are not single family detached units developed in the typical detached housing site plan approach. These units may include twinhomes, quads, apartments, townhomes, condominiums, detached townhomes, mobile homes, and units developed with a zero-lot line. o to 10 points 4. Municipalities are ranked according to the percent of net units added to their housing stock that are affordable - both ownership and rental since the Council began monitoring in 1996. These "new" units may include units that haye been "preserved" as affordable for a definitive period of ~e because of public or private re-investmentto retain their affordability. ("Net units" means that affordable habitable units, not including units on land with a property tax classification of 4C, removed as the result of a city initiative will be subtracted [rom the total new affordable units.) o to 3 points 5. Housing for special needs Municipalities are awarded up to three points for the following types of special housing within their jurisdiction: · Housing for which federal, state, county or local funds or those of a non-profit organization have been used to purchase and operate residential units or provide licensed housing that is not for the purposes of incarceration, but as a transitional placement of adult offenders or adjudicated delinquents . A publicly subsidized or non-profit group home licensed by the Department of Health or Department of Human Services which provides temporary or permanent housing for the physically handicapped, mentally ill, developmentally disabled or chemically dependent 6 . A shelter which is publicly subsidized and/or operated by a non-profit group to provide temporary housing for homeless persons and families, battered women or those not otherwise able to secure private housing · Housing for individuals and families who are homeless, but with a transitional stay of six to 24 months, and the assistance of advocates, can work towards housing stability and self-sufficiency to obtain permanent housing. Each instance of such housing is worth 1 point. . Local Initiatives-to FacHitate Affordable -W6rkfllree-HousingDev~topment or Preservation o to 15 points 6. Fiscal Tools and Initiatives The municipality has in place adopted local policy in its comprehensive plan or local housing plan that allows and encourages the use of a local fiscal tool or initiative and has used such a local fiscal tool to assist affordable workforce or life-cycle housing development or preservation. Examples of such fiscal tools include but are not limited to the following: . Tax increment financing . Housing revenue bonds . General obligation bonds . A local property tax levy . Local tax abatement . Local fee waivers or reductions . Credit enhancements . Taxable revenue bonds . Land wriJe-down or sale · Collaboration and participation with a community land trust or other non-profit organization to preserve long-term affordability .... The use offederal or state dollars is only applicable if such dollars may be used for activities other than the development or preservation of affordable and life-cycle housing but the municipality has chosen by policy to use them for affordable housing development or preservation. (i.e., CDBG dollars used for housing development or preservation) Each local fiscal tool or initiative is worth 3 points. o to 15 points 7. Initiatives regarding local regulation and development requirements The municipality has in the previous two calendar years allowed the reduction, adjustment or elimination of a local official control, or development or local code requirement as a cost avoidance or reduction measure in order to facilitate the development or preservation of affordable workforce or life-cycle housing, OR has in place in its policies and official controls a commitment to make such reductions, adjustments or eliminations ofrequirements when they are requested by a developer in order to facilitate the development or preservation of affordable or life- 7 cycle housing, or since 1996, has taken the initiative to revise its land use regulation and official controls to such a degree that these revisions can be shown to be permitting greater density and more frequent opportunity for reduced development costs than existed before 1996. Examples of these initiatives in the use of official controls include but are not limited to the following: . The use of a density bonus system, inclusionary housing requirements or some other innovative zoning approach .. The use of variances, rezoning, special use or conditional permits or similar variations from the standards set forth in the community's zoning - ----ordinancdonhe-llurpose offadtitating a s]YecttIc-affordabte-hmrstng - development. . A local initiative undertaken to revise local design requirements for public improvement that may reduce the cost of public services to residential properties. . Modifications in public services standards or requirements that might include streets, curbs, gutter, sewer and water hookups, street lighting and other required public improvements in order to reduce development costs to increase affordability in a new residential development. . A reduction of such standards as the required street right-of-way, or surfacing width or depth design for residential street, or the size of sewer or water service lines to new housing. Each local initiative is worth 3 points. No more than 6 points may be applicable to anyone affordable or life-cycle housing development or preservation activity aided by these local regulative measures. o to 15 points 8. Initiatives regarding housing preservation and rehabilitation The municipality has in place and has in the previous two calendar year~".- used and promoted locally-initiated or administered (city or county) housing preservation, home improvement and/or rehabilitation programs, or other tools available to its residents to keep their housing stock in sound condition. Examples of these initiatives include but are not limited to the following: . A housing maintenance code and enforcement program for rental housing . A housing maintenance code and enforcement program for owner- occupied housing . A housing rehabilitation loan or grant program for rental housing . A housing rehabilitation loan or grant program for owner-occupied housing . A home improvement loan or grant program . A home improvement resource center . A local tool-sharing center or program Each local initiative is worth 3 points. 8 r 1 to 6 points 1 to 6 points 1 to 12 points o or 6 points - 9. Density of residential development The average net density of new (or re-use) sewered housing for which a building permit was issued in the municipality in the two previous calendar years multiplied by the total number of such units in those two years are compared among all communities. Sewered communities are ranked highest to lowest, unsewered communities are ranked lowest to highest. Points will only be given to sewered communities with an overall density of three units per acre or greater and only to unsewered communities for which the 1998 local comprehensive plan update has been put into effect. Sewered Communities a. The average net density for attached housing units, i.e., units per acre multiplied by the number of such units permitted in the last two calendar years. b. The average net density for detached housing units (including detached townhomes and manufactured homes), i.e., units per acre multiplied by the number of such units permitted in the last two calendar years. Unsewered Communities The average net density of residential development multiplied by the number of all units permitted in the last two calendar years 10. In the previous two calendar years, the municipality has acquired land to be held specifically for the development of affordable or senior housing (exclusively 55+), or has approved (permits may be drawn at any time) the development or local financial participation in a proposed development of new affordable or senior (exclusively 55+) housing, or the involvement of the municipality in the preservation and reinvestment in such housing- ownership or rental - which has not as yet been undertaken for reasons beyond the municipality's control. Points will be awarded according to the number of units involved in the proposal as follows; 2 points -less than 20 units or land acquisition for future housing 4 points - 20 to 39 units 6 points - 40 or more units 9 Preliminary Housing Performance Score - 2005 Name of City / Township Ct2rt I<-r,;/ (Ie- Criteria -100 points possible l. ~ 2. 'D 3. Cf- 4. ~ 5. f 6. '3 7. "'3 8. 3 9. a. 0 b. 0 10. 0 Total Score 2005 2(.. Ig Total Score 2004 \\METC.." MEARS\DATA \ti Sr;RS\SI IARED\LIBRARY\f.,iv_Cnlnm ....T\.hm;_1:oldrr\J'L;I.f.'RSON\'.!005\IIsg Pert\082905 ."IIPS l.:itYHtW1lshp ,doc Centennial Fire District Check Register 9/15/2005 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE 9/1512005 9/1512005 9/1512005 9/1512005 9/1512005 9/1512005 9/1512005 9/1512005 9/1512005 9/1512005 9/1512005 9/1512005 9/1512005 9/1512005 9/1512005 9/1512005 CHECK# NAME ACCOUNT 14892 14893 14894 14895 14896 14897 14898 14899 14900 14901 14902 14903 14904 14905 14906 14907 Aspen Mills Bill's Rental Center Center Mart David Bruder Emergency Apparatus Maintenance Image Printing & Graphics Loftler Business Systems Minnesota State Fire Chiefs Assn. NFPA Qwes! Randy D. Lauderbaugh Randy T. Rolstad The Youth's Company Viking Office Products Xcel Energy Sam's Club Total 42120 - Uniform Expense 45010 - Safety Camp Expense 42100 - Fuel and Lube 42280 - Miscellaneous Expense 42000 - Vehicle Maintenance 42180 - Office Supplies Expense 42180 - Office Supplies Expense 42220 - Travel, Conf., School 42200 - Dues and Memberships 42240 - Telephone 42220 - Travel, Conf., School 42190 - Fire Prevention Supplies 42190 - Fire Prevention Supplies 42180 - Office Supplies Expense 42254 - Station 2 - Electric 45010 - Safety Camp Expense 1 of 1 AMOUNT 75.00 8.47 284.55 21.81 2,400.96 701.41 25.80 150.00 135.00 187.90 367.70 48.50 101.93 36.66 723.66 341.46 5,610.81