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HomeMy WebLinkAbout2005-04-13 CC Packet ~=~ CITY COUNCIL MEETING Wednesday, April 13, 2005 6:30 P.M. COUNCIL MEETING Introduction-Welcome New City Administrator, Mr. Dallas Larson L CALL TO ORDER 1. Roll Call n. APPROVAL OF AGENDA llL APPROVAL OF COUNCll, MINUTES 1. March 23, 2005 City Council Meeting Minutes N. CONSENT AGENDA 1. City of Centerville March 24, 2005 through April 13, 2005 Claims 2. Centennial Fire District through April 5, 2005 Oaims 3. Centennial Fire District Quarterly Claims - $21,868.00 4. Pristine Services - 5675.94 (Administrative & P.W. Building Carpet, Floor & Window Cleaning) 5. Pay Equity Refresher Course - 539.00 - John Meyer Attendance 6. MAMA Labor Relations Conference - $80.00 - Dallas Lanon Attendance 7. 10,000 Lakes Chapter oncc - 560.00 - Joel McPhenon Attendance 8. American Tank Services, IDe. - DBA Holte Contracting - Change Order - $5,107.96 (pond & Ditch Improvements) 9. Park SignIMonument Flower Bed Maintenance - S50.001Park - Not to Eueed 5350.00 10. Parks & Recreation Committee Recommendation - Earth Day Beverages for Volunteen - Not to Eueed 525.00 11. Parks & Recreation Committee Recommendation - Centennial Little League Use of Ball Fields - Laurie LaMotte Memorial Park 12. Parks & Recreation Committee Recommendation - Use of Property in the Rear of City Hall for Community Gardening as in Yean Past V. A W ARDSIPRESENTATIONS/APPEARANCES VL PUBLIC HEARINGS VIL NEW BUSINESS 1. City Use of Resolutions -Information to be provided at meeting 2. Resolution #05-015 - Signatory 3. Resolution #05-016 - Fees Schedule - Resolution to be provided at meeting 4. Resolution #05-017 - Charitable Gambling License Renewal- Spring Lake Park Lions - Resolution to be provided at meeting 5. Flyer to Chauncey Barett - Committee/Commission Vacancies 6. Lifetime Achievement Award 7. American Lung Association Letter & Resolution 8. Ordinance #13 (Liquor) - Fine Schedule vm. OLD BUSINESS 1. CSAH 14 Project/Street Scapes/GrantlBridge 2. Co-Interim City Administrator's lX. ANNOUNCEMENTS/UPDATES 1. 1601 LaMotte Drive - (Update/Capra) 2. Resignation of Council Member Brossard-Vickers - Appointment of Council Liaison to Planning and Zoning Commission & Recognition Plaque 3. D. Love Council Seat Letter of Interest on Council 4. Parks & Recreation Committee Recommendation - Proposed Hunters Crossing 3"" Addition (park Dedication Fees - 44 parcels @ S3,OOO/parcel - Previous Developers Agreement (Hunters Crossing 2'" Addition, Phase I Trail Requirements) 5. Consumer Confidence Report for 2004 x. EXECUTIVE SESSION (CLOSED) 1. Lakeland HillslRoyal Oaks Realty Litigation XL ADJOURNMENT CITY OF CENTERVlLLE CITY COUNCIL MEETING MARCH 23, 2005 6:30 p.m. Pursuant to due can and notice thereof, the City of Centerville held their regularly scheduled meeting on March 23, 2005, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Lee Council Member Lakso Council Member Paar ABSENT: Council Member Broussard Vickers STAFF: Mr. Palzer City Attorney Mr. Hoeft City Engineer Mr. Peterson L CALL TO ORDER Mayor Capra called the March 23, 2005, City Council meeting to order at 6:30 p.m. IL SET AGENDA The following items were added to the Agenda: Minutes March 21, 2005 Special City Council Meeting Minutes. Consent Agenda: Resolution 05-014 to support Waste Management. Awards: Hanzal request for municipal services. New Business: City Administrator Contract, Resignation of Council Member Broussard Vickers. Old Business: CSAH 14 Project. Motion bv Council Member Lauo. seconded bv Council Member Lee to aDDrove the agenda as ameDded. AD in favor. Motion carried unanimouslv. ill. APPROVAL OF COUNCIL MINUTES 1. March 9. 2005 City Council Meeting Minutes Council Member Lakso requested that Dallas Anderson be changed to Dallas Larson. Motion bv Council Member Paar. seconded bv Council Member Lauo to aDDrove the March 9. ZOOS City Council Meeting Minutes as amended. All in favor. Motion carried. City of CentervilJe March 23, 200S Council Meeting Minutes 2. March 21. 2005 Special City Council Meeting Minutes Motion bv Council Member Lakso. seconded bv Council Member Paar to annrove the Marcb 21. 2005 Snecial City Council Meetin2 Minutes as nresented. AU in favor. Motion carried. Council Member Lee abstained from voting. IV. CONSENT AGENDA 1. City ofCenterville March 10, 2005 through March 23, 2005 Claims 2. American Tank Services DBA Holte Contracting Payment Request for Pond and Ditch Improvements $52,621.17 3. Centennial Fire District Check Register Balance 4. Lynn & Associates Invoice for Staff Team Building & Leadership Development 5. Resolution #05-014 - Resolution to Support Waste Management Coordinating Board for Convenient, Responsible, Free Disposal Options for Electronics Council Member Lakso requested that Item 4 be removed for discussion. Motion bv Council Member Lee. seconded bv Council Member Lakso. to annrove Consent Al!enda Items 1. 2. 3. and 5 as nresented. AU in favor. Motion carried unanimouslv. Council Member Lakso asked for clarification on the payment to Lynn & Associates. Ms. Stephan explained that there is a difference of four hours of time that the City has not received but will receive at future training sessions. Council agreed to pay the invoice minus the four hours. Motion bv Council Member Lakso. seconded bv Council Member Lee to annrove Item 4 minus tbe four bours not vet received bv tbe City. AU in favor. Motion carried uuanimouslv. V. A W ARDSIPRESENTA nONS/APPEARANCES 1. Mr. Paul Burke. Mr. Bill Bisek. Mr. Reggie Fralev - County Road 14 & Downtown Redevelopment Mr. Burke appeared before Council and explained that he and Mr. Bisek have formed a partnership to work together on downtown redevelopment in conjunction with the reconstruction of CSAH 14. Mr. Burke indicated that without City water and sewer downtown redevelopment would not be possible. Page 2 of6 City of Centerville March 23, 2005 Council Meeting Minutes Council thanked Mr. Burke for forming the partnership and for his willingness to invest in downtown. 2. Mr. JeffHanzal. 7381 Old Mill Road - Request for Municipal Services Prior to Scheduled Date - 2009 Mr. Hanzal appeared before Council and explained that he would like to move up the extension of City services down his street from 2009 to 2006 to allow him to sell and develop the additional lots he has. Council asked Staff to look into the costs and asked Mr. Banzai to contact the other property owners on the street to determine their interest in services. VL PUBLIC HEARINGS 1. Church of St. Genevieve Request for Comorehensive Plan Amendment/Soecial Use Permit & Fee Waiver Mayor Capra opened the public hearing at 7:00 p.m. Mayor Capra explained that there was some confusion as to whether the public hearing was held at the Planning Commission meeting. She then explained that the motion approved at the last meeting needs to be reconsidered. Motion bv Mavor Capra. seconded bv Council Member Lakso to reconsider the motion of approval of the Comprehensive Plan Amendment and fee waiver. All in favor. Motion carried unanimouslv. There were no public comments. Motion bv Council Member Paar. seconded bv Council Member Lakso to close the public heariUll. All in favor. Motion carried unanimouslv. Mayor Capra closed the public hearing at 7:01 p.m. Motion bv Council Member Lakso. seconded bv Council Member Paar to approve the request for Comprehensive Plan Amendment as requested and the City is to pav for the amendment. All in favor. Motion carried unanimouslv. Mr. Wilharber provided an update to Council on progress with the construction schedule. He then asked whether the rezone had been approved or whether it could be approved at this meeting. The Recording Secretary reviewed the Minutes and indicated that the rezone was approved at the February 9, 200S meeting. Page 3 of6 City of Centerville March 23, 2005 Council Meeting Minutes vn NEW BUSINESS 1. 2005 Budgeted Equipment Purchase Mr. Palzer asked for authorization to purchase the budgeted equipment as previously approved. Motion bv Council Member Paar. seconded bv Council Member Lee to authorize Staff to Durchase Dreviouslv budlleted etIuiDment as Dresented bv StatI'. All in favor. Motion carried unanimouslv. Mr. Palzer asked for authorization to begin plans for remodeling/expansion of public works. Council agreed and asked Staff to come back with a recommendation. 2. Lawn Maintenance for 2005 Mr. pa1zer presented three quotes to Council for lawn services for 2005 and recommended approval of the quote from ProLawn, the service that the City used in 2004. Motion bv Council Member Lee. seconded bv Council Member Lakso. to auorove the contract with ProLawn for Lawn Maintenance for 2005 as recommended bv StatI'. All in favor. Motion carried unanimouslv. 3. Resolution #05-012 Local Government for Recreation Grant Proexam Motion bv Council Member Lee. seconded bv Council Member Lakso to auurove Resolution #05-012 as oresented. All in favor. Motion carried unanimouslv. 4. Resolution #05-013 Concurring in the Issuance of the $2.365.000 General Obli~ation Capital Improvement Plan Bonds. Series 2005A by the City of Circle Pines City Attorney Hoeft explained that the Finance Director would like to seek to amend the Joint Powers Agreement to change the payment date to twice per year coinciding with when the City receives its tax payments. Council discussed the matter and agreed to have Staff contact Staff for the other two cities to determine interest in allowing the change. Motion bv Council Member Lee. seconded bv Council Member Paar to anD rove Resolution #05-013 Concurrinll in the Issuance of the $2.365.000 General Oblillation Canital Imorovement Plan Bonds. Series 2005A bv the City of Circle Pines. Minnesota. and Authorizinll Execution of a $827.750 General Obliution Caoital Page 4 of6 ,- City of Centerville March 23, 2005 Council Meeting Minutes Imnrovement Plan Bond. Series 2005A and Levvin2 a Tax for the Pavment Thereof. All in favor. Motion carried unanimouslv. 5. City Administrator Contract Mayor Capra reviewed the agreement reached with Dallas Larson reached after a negotiating session prior to the Council Meeting. The salary is to be $73,500 annually and he will come in with 10 days ofPTO and start accruing PTO at city employment of 16 year level with 11.38 hours per pay period. A severance of three months for the first six months of employment, five months at one year and at 18 months the severance would go to six months. Outside activities per existing City policy and the City has induded a moving allowance allocation of $5,000 upon receipt submitted left open for 18 months. Council Member Paar asked about health insurance. Mayor Capra indicated health insurance is per City policy. Motion bv Council Member Lakso. seconded bv Council Member Lee to annrove the Citv Administrator's Contract with the conditions listed. All in favor. Motion carried unanimouslv. City Attorney Hoeft indicated that indemnification language had been added to the contract. 6. Accept Resignation of Council Member Broussard Vickers Mayor Capra indicated that Council Member Broussard Vickers had submitted her resignation prior to the meeting. She then reluctantly accepted the resignation and thanked her for her years of service to the City. Mayor Capra asked Staff to advertise for the vacancy and seek letters of interest from interested residents. Council agreed to appoint someone to fill the vacancy at its first meeting in May. VIII. OLD BUSINESS 1. CSAH 14 Proiect Mayor Capra indicated that Northern Forest Products had provided information on the CSAH 14 project in a book that was handed out to Council and Staff. She then noted that a task force is being set up to discuss plans for the bridge including representatives from Centerville, Lino Lakes and Hugo along with Mn/DOT and County representatives. She asked Mr. PaIzer to attend the meetings as well as Mr. Larson. Page 5 of6 City of Centerville March 23, 2005 Council Meeting Minutes IX. ANNOUNCEMENTSIUPDA TES 1. 1601 LaMotte Drive - St. Paul Water Utilities Mayor Capra indicated that she continues to work on this project. X. ADJOURNMENT Motion bv Council Member Lakso. seconded bv Council Member Paar to adiourn the Marcb 23. 2005 Citv Council Meetinl!! at 7:40 n.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 60f6 ervi{{e 'Es/a6/1sficd 1857 CITY OF CENTERVILLE 04/08/05 11: 16 AM Page 1 *Check Summary Register@ Name 10100 MAIN STREET BANK Paid Chk# 020096 10,000 LAKES CHAPTER OF ICC Paid Chk# 020097 ABBA TROPHY Paid Chk# 020098 A VLlC Paid Chk# 020099 BARNA, GUZV & STEFFEN L TD Paid Chk# 020100 BURKE, PAUL Paid Chk# 020101 CENTENNIAL FIRE DISTRICT Paid Chk# 020102 CENTENNIAL LAKES POLICE Paid Chk# 020103 CITY OF N. ST. PAUL Paid Chk# 020104 CONNEXUS ENERGY Paid Chk# 020105 COVERALL OF THE 1WIN Paid Chk# 020106 CULLIGAN Paid Chk# 020107 DAHLEN, DWYER & FOLEY, Paid Chk# 020108 EBEL, SCOTT Paid Chk# 020109 EXCEL TELECOMMUNICATIONS Paid Chk# 020110 FISCHBACH, JOHN Paid Chk# 020111 HANSON, BRIAN Paid Chk# 020112 HANZAL, JEFF Paid Chk# 020113 HUGO FEED MILL Paid Chk# 020114 IMAGE PRINTING & GRAPHICS Paid Chk# 020115 INSTRUMENTAL RESEARCH Paid Chk# 020116 INTERNATIONAL UNION OF Paid Chk# 020117 KENNEDY & GRAVEN Paid Chk# 020118 KEY AUTOMOTIVE SERVICE Paid Chk# 020119 KLENNERT-HUNT, JENNEFER Paid Chk# 020120 KRIS SWEENEY/PETTY CASH Paid Chk# 020121 LEBLANC, WAYNE Paid Chk# 020122 LOVE, OARION Paid Chk# 020123 METROPOLITAN COUNCIL Paid Chk# 020124 MEYER, JOHN Paid Chk# 020125 NATIONWIDE RETIREMENT Paid Chk# 020126 NCPERS LIFE INSURANCE Paid Chk# 020127 OFFICE MAX Paid Chk# 020128 OTTER LAKE ANIMAL CARE Paid Chk# 020129 PETERSON, TEDD Paid Chk# 020130 PUBLIC EMPLOYEES Paid Chk# 020131 SCHWAAB INC. Paid Chk# 020132 SEELEY, SUZANNE Paid Chk# 020133 SITE SOLUTIONS Paid Chk# 020134 SMITH, EILEEN Paid Chk# 020135 TIM REHBINE Paid Chk# 020136 TIME SAVER Paid Chk# 020137 WOOD, TOM Paid Chk# 020138 WRIGHT, BOB Check Date 4/1312005 4/13/2005 4/13/2005 4/13/2005 4/13/2005 4/13/2005 4/13/2005 4/13/2005 4/13/2005 4/1312005 4/1312005 4/1312005 4/1312005 4/13/2005 4/1312005 4/13/2005 4/13/2005 4/13/2005 4/1312005 4/1312005 4/13/2005 4/13/2005 4/1312005 4/1312005 4/1312005 4/1312005 4/13/2005 4/13/2005 4/1312005 4/1312005 4/13/2005 4/13/2005 4/13/2005 4/13/2005 4/13/2005 4/13/2005 4/13/2005 4/1312005 4/13/2005 4/13/2005 4/13/2005 4/1312005 4/1312005 Total Checks APRIL 2005 Check Am! $60.00 J. MCPHERSON - TRAINING ON WAL $6.39 NAME PLATE - D. LARSON $530.00 DEF COMP W/H 4-7-05 $15,814.58 CIVIL MATTERS - SERVTHRU 3-31 $60.00 1-11-05,2-28-05 & 3-8-05 EDC $174,942.20 1ST aTR BILL $34,658.11 APRIL 2005 - POLICE SERVICES $80.00 D. LARSON -LABOR RELATIONS $406.95690020THAVE-SERVTHRU3-18 $213.00 CLEANING SERV THRU 4-30-05 $77.82 BOTTLE WATER RENTAL $2,500.00 APPRAISAL FOR LAKESHORE BUILDI $60.00 1-11-05,2-28-05, & 3-8-05 EDC $4.04 SERV THRU 3-24-05 $40.00 1-11-05 & 2-28-05 EOC MEETINGS $60.00 14-05,2-1-05, & 2-28-05 P & $60.00 1-4-05,2-1-05, & 2-28-05 P & $58.72 SUPPLIES $325.86 ENVELOPE - BULK RATE STAMP $36.00 MARCH WATER SAMPLES $90.00 UNION DUE FOR APRIL 2005 $242.70 REDEMPTION OF SERIER 1998 BOND $133.77 SUPPLIES $60.00 1-4-05,2-1-05, & 2-28-05 P & $9.88 POSTAGE $40.00 1-5-05 & 3-2-05 P & R MEETING $40.00 2-1-05 & 2-28-05 P &ZMEETING $5,742.00 MARCH 2005 SAC REPORT $250.29 MILEAGE REIMBURSMENT 1-5 05 TH $198.52 DEFCOMPW/H4-7-05 $32.00 T. BENDER & J. MEYER LIFE INS. $417.37 OFFICE SUPPLIES $11696 ANIMAL CARE $60.00 1-5-05,2-2-05 & 3-2-05 P & R $1,690.19 PAYROLLW/H4-7-05 $47.28 NOTARY STAMPS - T BENDER & K S $60.00 1-5-05,2-2-05 & 3-2-05 - P & $1,949.50 2005 BUSINESS DIRECTORY $60.00 1-11-05,2-28-05, & 3-8-05 EDC $60.00 1-11-05,2-28-05 & 3-8-05 EDC $139.75 3-23-05 CITY COUNCIL MEETING $20.00 2-28-05 P & Z MEETING $60.00 14-05,2-1-05 & 2-28-05 P & Z $241,513.88 NOTE: There will be an updated list of disbursements handed out on 04/13/05 for approval. Centennial Fire District Check Register 415/2005 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE 4I5l2OO5 4/512005 4/512005 4/512005 4I5l2OO5 4/512005 4/512005 4/512005 4/512005 4/512005 4/512005 4/512005 4/512005 4I5l2OO5 4/512005 4/512005 4I5l2OO5 4/512005 4/512005 4I5l2OO5 4/512005 4/512005 CHECK# NAME 14682 14683 14684 14685 14686 14687 14688 14689 14690 14691 14692 14693 14694 14695 14686 14697 14686 14699 14700 14701 14702 14703 Ancom Communications Aspen Mills Centennial Firefighter's Relief Assn. Centennial Utilities CenferPoint Energy City of Lino Lakes Connexus Energy Emergency Appandus Maintenance Fire Findings HU90 Feed Mill & Elevator McLeod USA Milo Bennett NafllmprintiFranklin Products Nstional Camera Exchange & Video Nex\el North Suburban Mutual Aid Association Postmaster Owest Red Rooster Auto S1Dres Sentry Systems Verizon Wireless Michael Mooney Total ACCOUNT 42130 - Equipment Expense 42120 - Unifonn Expense 43010 - Relief Association 42251 - Station 1 - Gas 42253 - Station 2 - Gas 43030 - Common Area Charge 42252 - Station 1 - Elecbic 42000 - Vehicle Maintenance 42210 - Subscriptions 42230 - Cleaning Supplies 42240 - Telephone 42220 - Travel, Conf., Schoo1 42190 - Fire Prevention Supplies 42130 - Equipment Expense 42240 - Telephone 42200 - Dues and Memberships 42180 - Office Supplies 42240 - Telephone 42130 - Equjpment Expense 42110 - Other Maintenance 42240 - Telephone 42110 - Other Maintenance 1of1 AMOUNT 336.00 86.70 6,995.00 553.32 1,102.15 4,960.00 350.44 7,411.98 75.00 74.68 358.91 369.18 138.31 324.76 142.20 150.00 111.00 93.88 48.50 65.34 62.92 29.69 23,859.96 CENTENNIAL FIRE DISTRICT The 2005 Budget for Centennial Fire District is distributed by city as follows. The calculations are based on the following percentages. Centerville Circle Pines Lino Lakes Total Budget Items Operating Budget Depreciation Relief Association Common Area Charge Capital Equipment Total Invoice amount by city Centerville Operating Budget Depreciation Relief Association Common Area Charge Capital Equipment Total Circle Pines Operating Budget Depreciation Relief Association Common Area Charge Capital Equipment Total Lino Lakes Operating Budget Depreciation Relief Association Common Area Charge Capital Equipment Total Total all Cities 13.10% 18.10% 68.80% 100.00% 524,300 0 23,500 19,920 100.000 667,720 Yearly Quarterly 68,683 17,170.75 0 0.00 3,079 769.75 2,610 652.50 13.100 3.275.00 87,472 21,868.00 94,898 23,724.50 0 0.00 4,254 1,063.50 3,606 901.50 18.100 4.525.00 120,858 30,214.50 360,719 90,179.75 0 0.00 16,167 4,041.75 13,704 3,426.00 68.800 17 .200.00 459,390 114,847.50 667,720 166,930.00 Quarterly Payments Due: January 31, April 30, July 31, October 31 CeritennialXllnvoice 2005 Pristine Services 1837 Revoir St. CentelVille, MN 55038 o. * 183.54 + 80. + 55. + 80. + 277.4 + March 29,2005 005............. 675.94 * Teresa Bender City of Centerville 1880 Main St. Centerville, MN 55038 Dear Teresa, Pristine Services is pleased to present this proposal for cleaning services at Centervil1e City Hall. The enclosed specifications are based on our initial walk-through of your facility and can be changed to meet your needs now or in the future. Pristine Services is committed to providing you with superior service each and every time we are called upon. Camet Cleaning - Thoroughly vacuum carpet from wall to wall, vacuum edges and comers, Pre-treat spots, stains and traffic lanes, clean carpet using Rotary Shampoo method. The price for this service will be $277.40, This service should be performed during non-usage hours, drying time of 8 hours should be allowed before heavy use. Floor Refmishinu; - Strip and refinish with 2 coats of seal. Service will be performed in 2 restrooms and vestibulellobby. The price for this service will be $80. This service should be performed during non-usage hours, drying time of 3 hours. should be allowed before heavy use. Window Cleaning - Thoroughly wash and dry all interior and exterior windows and glass door surfaces. The price for this service will be $55, plus tax. If you have any questions regarding our service, or require further clarification on any point, please call me. I would like to thank you in advance for your consideration and look forward to working with you soon. Respectfully, Ray DeVine K.~ ~U~~. Pristine Services I t tQ Pristine Services 1837 Revoir St. Centervilfe, MN 55038 April 5, 2005 @57- 77S-:-1J6$? Teresa Bender City of Centerville 1880 Main St. Centervine,~ 55038 Dear Teresa, Pristine Services is pleased to present this proposal for cleaning services at Centerville Public Works Facility. The enclosed specifications are based on our initial walk-through of your facility and can be changed to meet your needs now or in the future. Pristine Services is committed to providing you with superior service each and every time we are called upon. Camet Cleaning - Thoroughly vacuum carpet from wall to wall, vacuum edges and corners, Pre-treat spots, stains and traffic lanes, clean carpet using Rotary Shampoo method. The price for this service will be $183.54, This service should be performed during non-usage hours, drying time of 8 hours should be allowed before heavy use. Floor Refmishing - Strip and refinish with 2 coats of seal. Service will be performed in 2 restrooms and vestibule/lobby. The price for this service will be $80. This service should be performed during non-usage hours, drying time of 3 hours should be allowed before heavy use. If you have any questions regarding our service, or require further clarification on any point, please call me. I would like to thank you in advance for your consideration and look forward to working with you soon. RespectfullY'D n ~y~eVine. ~7 -vaU\~ Pnstme Semces nounclnli)~BI Pay. Equity: A Refresher Course on Reporting & Compliance Requirements llECEIVED The Deportment of Employee Relations (DOER) Pay Equity Office is pleased to announce that several training sessions will be conducted around the state in April and May. The training, all about reporting and compliance requirements, will include: . Instructions for Completing Pay Equity Implementation Report . Pay Equity Compliance & Computer Reports . Introduction of New Pay Equity Software and On-Line Reporting It should be noted that the sessions do not include extensive training about the State Job Match. A limited number of videotapes of the "State Job Match" training will be available to purchase on a first come, first serve basis. In addition, DOER staff will be on hand to answer general questions about the State Job Match after the Reporting and Compliance Requiremen1 sessions are over. Space is somewhat limited, sa registration will be on a first come-first served basis. If there are more participants than site capacity, registrants will be notified and additional training sites may be added. A confirmation e-mail will be sent one week prior to the training session. Staff. elected afficials and other interested parties are all welcome to attend the training. If special accommodations are needed, please contact us. Registration Fee: $39 Pre-payment is REQUIRED to complete your registration. Credit card or Purchase Order payments are NOT accepted. No refunds: if unavailable to attend, substitutions are welcome. Send completed registration form with check payable to the Department of Employee Relations. Registration deadline for April dote is April 1, 2005. Deadline for May dates is April 29,2005. Late registrations will be accepted if spoce permits. Please call to check availability. Dept. of Employee Relations A TTN: Ann Maile 200 Centennial Office Bldg. 658 Cedar Street St. Paul, MN 55155 (651) 296-2516 WILLMAR 0 April 21, 2005 Kandiyohi County Health & Human Services 1:00 - 4:00 2200 - 23,d Street N.E. Basement P,,:,:~~availab!<:2n street. EDINA 0 May 2, 2005 Southdale-Hennepin Area Library 1:00 - 4:00 7001 York Avenue South Parkinq available in lot. PARK RAPIDS 0 May 9,2005 Hubbard County Courthouse 1:00 - 4:00 301 Court Avenue Lower level Parking available on street on eost & south sides of buildina. DULUTH 0 May 16, 2005 Hawthorn Suites 1:00 - 4:00 325 lake ilvenue lake Room - 5th Floor Parking available across the street or behind the buildina. EDINA 0 May 23, 2005 Southdale-Hennepin Area Library 1:00 - 4:00 7001 York Avenue South Parkina available in lat. Name: Jurisdiction: Address: City: State: Zip: Phone Number: E-Mail Address: metropolitan Area management A/locJatlon of the Twin City Area DATE: February 28, 2005 RECEIVED TO: Kim Moore-Sykes, City Administrator City of Centerville 'u :j ~~,~3 FROM: Wally Wysopal, Chainnan, Metropolitan Area Management Association Labor Relations Committee - Conference Leader SUBJECT: LABOR RELATIONS POLICY DECISIONS FOR CITY MANAGERS The basic strategies for labor negotiations at the local level appear to be changing and City Managers need to understand, effectively deal with, and influence such changes. Simple comparisons relative to general wage levels/increases among a group of comparable cities are of increasingly limited usefulness given the unevenness of cutbacks in State aid among cities and the increased propensity by cities and unions to negotiate on the basis of "total compensation levels of wage sf wage equivalents" (wage plus premium pay plus employer contributions for health insurance). The emerging strategies present the following negotiation issues: total compensation v. separate negotiations conceming wage/wage equivalents; the desirability of establishing different benefit levels for different employee jobdasses;the use of ability to pay aiguffients which' include the compensation h:velsof acity',(erectorateima taX capacity per cipita,a'nd the inVolvement of the public in negotiations issues. City managers, particularly those who are not personally engaged in negotiations, need to know and be able to effectively deal with both the emerging negotiations strategies and the viable alternatives to negotiations, to resolve certain operating issues, such as changes to organizational structures, which is a unilateral right provided for cities by law and many labor agreements as long as the "effects" of such changes are negotiated within the stipulations of the provisions of an existing labor agreement.. For information about the emerging policy decisions and strategies with regard to labor negotiations and recent relevant arbitration decisions, you are invited to attend the Metropolitan Area Management Association Labor Relations Committee Policy Decisions for City Managers Conference to be held on April 26, 2005 at the City of St. Louis Park Rec. Center, 3700 Monterey Drive, St. Louis Park, MN. The Conference will start at 8:30 A.M and conclude at 12:30 P.M. - registration to begin at 8:00 A.M. The cost of the conference is eightyaollars ($80.00) per participant to be payable to the City of North St.Paul, 2400 Margaret Street North, North St. Paul, MN 55109 and Included with the detachable advance registration form. . Wally Wysopal, Chairman, Metropolitan Area Management Association Labor Relations Committee - Conference Leader .. F acul tv: Arbitrators: Richard Miller Sara Jay Elected and Appointed Officials Jeff Jacobs, Mayor, City of St. Louis Park Donald Osborne, Mayor of City of Crookston William Sandberg, Mayor of City of North St. Paul Michael Johnson, City Administrator, City of Marshall Anne Norris, City Manager, City of Crystal Kris Busse, City Administrator, City of Waseca Ron Moorse, City of Orono State of Minnesota Paul Larson, Chief Negotiator, State of Minnesota William Peters, Labor Relations Director, Hennepin County Human Resource Directors Nancy Gohman, City of St. Louis Park Elizabeth Wheeler, City ofNorthfield S laff: Cyrus Smythe Ann Antonsen ~---------------------------------------------------------------------------------------- REGISTRATION FORM - Please detach at lines and send with check made to City of North St. Paul, 2400 Margaret Street North, North St. Paul, lVIN 55109 for eighty dollars ($80.00) per participant. The following will be attending the Policy Decision Labor Relations Conference on April 26, 2005: Mr n~1'a9 Lar~Q~ City 0 f _______Gente.nrille.._____________________________________________-------------------- LABOR RELATIONS POLICY DECISIONS FOR CITY MAi"1AGERS CONFERENCE TO BE HELD ON APRIL 26, 2005 AT THE CITY OF ST. LOUIS PARK REC. CENTER, BEGINN1NG AT 8;30 A.M.- fu'IDING AT 12:30 P.M. - REGISTRATION BEGINNING AT 8:00A.M. CONFERENCE OUTLINE 8:00 A.M.: REGISTRATION 10:30 -10:45 A.M.: OPENING REMARKS AND OUTLINE OF MAJOR POLICY ISSUES CONFRONTING CITIES IN NEGOTIATIONS AND DISCUSSION OF PROVIDED CONFERENCE MATERIAL - W ALLY WYSOP AL, CHAIRMAN OF METROPOLITAN AREA MANAGEMENT ASSOCIATION LABOR RELATIONS COMMITTEE AND CYRUS SMYTHE, LABOR RELATIONS ASSOCIATES INTEREST ARBITRATION AND ABILITY TO PAY ARGUMENTS - PAUL LARSON, CHIEF NEGOTIATOR, STATE OF MINNESOTA AND QUESTION PERIOD ARBITRATORS' VIEWS CONCERNlNG ABILITY TO PAY, TOTAL COMPENSATION, CONSISTENCY OF BENEFITS, RELATIVE WEIGHT TO BE GIVEN TO MARKET V. PAY EQUITY, AND EMPLOYER'S NECESSITY TO NEGOTIATE CHANGES IN ORGANIZATIONAL STRUCTURE - ARBITRATORS SARA JAY AND RICHARD MILLER AND QUESTIONS TO ARBITRATORS BREAK 8:30 A.M.: 8:45 - 9:10 A.M.: 9:10 - 10:30 A.M.: 10:45 A.M. - 12:00 P.M.: PANEL OF APPOINTED AND ELECTED OFFICIALS PRESENTATION AND QUESTION AND ANSWER PERIOD Wm-:I REGARD TO LABOR RELATIONS POLICY DECISIONS FACING CITIES 12:00 PM. - 12:25 P.M.: STRATEGIES FOR CITIES TO IMPLEMENT LABOR REAL TroNS GOALS AND DISCUSSION OF "EFFECTS NEGOTIATIONS" OF ORGANIZATIONAL STRUCTURE CHANGES - NANCY GOHMAN AND ELIZ.\BETH WHEELER, CYRUS SMYTHE AND ANN ANTONSEN AND QUESTIONS 12:25 P.M.: CLOSE OF CONFERENCE, WALLY WYSOPAL " F/lOTY OF 111 j/!iOUlS St. Louis Park Rec Center, 952/925-2540 3700 Monterey Drive, St. Louis Park, MN 55416 Aquatic Park, Ice Arenas & Banquet/Meeting Facilities I - 394 Minnetonka Blvd. Ql ~ ~ ('il :::: o Hwy7 County Road 25 c:> c:> ..,.. >- ~ .s:: t:n X -c Z lD Ql c:: ~ Ql lD w-$-' s W. 36th Street I Rec Center I '% ,,~ ~ ~ q,. ""2- ~ Excelsior Blvd From northbound or southbound Highwav 100: Exit at W. 36th Street. Turn right at the stoplight and head east. Turn right into the Rec Center parking lot just after the second stoplight (Belt Line Blvd. intersection). OR Exit at County Road 25 and head east Y2 mile to Belt Line Blvd. Turn right and head south on Belt Line, staying in the left lane. Go Y2 mile to the stoplight at the intersection with Monterey/W. 36th Street. Turn left at the light and enter the Rec Center parking lot. '" . s " ~ " ~ " " ~8 .2 o 'i;i ""d OJ) .5 ~ +: ~ d ~ e ~ g; ~~ f ,,~'" a Jj ~ ~~~ 0" OJ) 8~ .5 ,,"" 0_ :::l .~ 0 ::t ,,-UP'l ..n -. .. 0'" '" CO g N~N r"O o~ Vl~ -", - ""- " "''' " "':00 " .~ " 2 ii o U ILl "0 .g " 0 " 00 0 u~ U Ol"" " " ~ ..... ~ ::s " " 0 "'''''= .c 5 " o "OJ) ~ " " 0 ::;;"".... ".r; .. ;g 0, 11"'I 000 NN ?1 t---~ ,....;' o.D -"'- ~ as "-...: - U U .... .. o = ~ .9 ,,- " - ""3 =.....,; " =.c ..c:l "t:;t ~ Ul"<" rl'} ...~ ,,~~ .-= =." " "f-< ...... =U = ~ = .... 10,000 LAKES CHAPTER OF ICC In conjunction with AMBO APRIL 21, 2005 CHAPTER EDUCATION The Chapter Education for April 21, 2005 will be on engineered lumber. The presenter will be Brad Overby with Trus Joist. The program will provide training on wall systems, floor systems and roof systems using engineered lumber products. LOCATION: Maplewood Inn Best Western, 1780 E. County Road D (west side of Maplewood Mall) 1-694 & White Bear Avenue, Maplewood, MN 55109, Telephone: 651-770-2811. For further information, contact Tim Okan at 651-209-9735. COST: $60.00 per person for members and $100.00 for non-members of 10,000 Lakes Chapter or AMBO, price includes handout materials, breaks and lunches. April 21, 2005 10,000 Lakes Chapter Education TO REGISTER: Complete this form and mail along with payment payable to tO,OOO LAKES CHAPTER for each person to: tO,OOO Lakes Chapter of ICC C/O GDI PO Box 307 Hastings, MN 55033-0307 Name: REGISlRA nON DEADLINE April 7, 2005 or nntil filled (seating limited to 100) J 0 e..-l 1MI' '? )~v< c.A CoP (e~-eIUI\I~ Affiliation: L"+~ I 8EJo J.I'v1. a.-; VI. e-mail: .J fv!c.?he,SCA <<i?cevt~{v;l~ -~,.,I Zip Code: 55038 Telephone: 0S1 _LIZ"!.. 4 '7s0 <;v-: Address: City & State: CeV\.-c!-.e, 0; I k.- VVlVl 1 am a Member of 10,000 Lakes Chapter and/or Member of AMBO Fee is S60.00 I am NOT a member of either chapter ; Fee is StOO.OO Registration begins at 8:00; session begins at 8:30 AM and runs until 4;00 PM Teresa Bender From: Sent: To: Subject: Paul Palzer [ppalzer@centervillemn.com] Wednesday, March 30, 2005 1 :12 PM Teresa Bender Fw: Pond and Ditch Improvements ~ bIilI Fax.pdf (21 KB) ----- Original Message ----- From: "Peterson, Tom WI! <tpeterson@bonestroo.com> To: "Paul Palzer" <ppalzer@centervillemn.com> Cc: IISchluender, Dan SrI <DSchluender@bonestroo.com>; "Teresa Bender" <TBender@centervillemn.com> Sent: Wednesday, March 30, 2005 12:33 PM Subject: Pond and Ditch Improvements Hi Paul, Right after we talked this morning, Holte sent the attached quotation for the storm sewer at Public Works. It totals $6,757.96 for 190' of 8" PVC, two catch basins and one cubic yard of riprap. If you subtract what the ditch excavation would have cost ($1,650.00), the net increase is $5,107.96. This works out to a 6.57% increase in the overall project. I think his unit prices are reasonable, considering the small quantities, tight conditions, etc. I recommend the additional work be approved at the prices in the attached quote. Cliff Meyers said they hope to get started again next week. I assume we don't need council approval for this. Their next meeting is April 13th. Tom 1 " ~ ~.. Bon est roo R Rosene 'till Anderlik & 'V, Associates Engineers & Architects Owner: Citv of Centerville, 1880 Main St., Centerville, MN 55038 Date Anrill, 2005 . Contractor: American Tank Services Inc. DBA Holte Contractin. 3174 Rvan Ln., St. Paul, MN 55117 . Bond Comoanv: Bond No: 240160 CHANGE ORDER NO. 1 POND AND DITCH IMPROVEMENTS BRA FILE NO. 616-04-140 Descriotion of Work This Change Order provides for !he elimination of !he proposed ditch at !he City Public Works site and !he iostallation of 8" PVC storm pipe and two shallow catch basins instead. No. 1 2 3 4 61604HOCH01.x1s Item CHANGE ORDER NO.1, ADD 8"PVC CATCH BASIN RIP RAP CLASS 3 TOTAL CHANGE ORDER NO. I, ADD Contract Unit Unit Quantity Price LF 190 $17.95 EA 2 $1,598.73 CY 1 $150.00 $3,410.50 $3,197.46 $150.00 $6,757.96 Total Amount CHANGE ORDER NO.1, DEDUCT DITCH EXCAVATION TOTAL CHANGE ORDER NO. I, DEDUCT LF 250 -$6.60 ($1.650.00) ($1,650.00) TOTALCHANGEORDERNO.l,ADD TOTAL CHANGE ORDER NO. 1, DEDUCT Total CHANGE ORDER NO.1: $6,757.96 ($1,650.00) $5,107.96 RECEIVED APR 0 6 2005 " Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for [mal Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): . Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INe. !~~ wP~ -----:, Date: ~j, !os I Approved by Contractor: AMERICAN TANK SERVICES INC (UO:~~/ao . ~'11rF:lcG l Approved by Owner: $77,725.00 $0.00 $5,107.96 $82,832.96 CITY OF CENTERVll..LE Date Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 6J60414QCH01.xls 03/30/2005 12:17 HOL E CONTRACTING 3 74 RYAN LANE LITTLE CANADA, MN 55117 651-481-7939 - OFFICE 651-481-7992 FAX l'ACS .lLE TltANSMl'r'rAL SlIllET 'TO: I'ObI P!ITEllSON J'ROM: a.lFJ: WEYERS COMP^"y,BONBmlOOllOSENB"NDI:!J<W .. DA'tB,; ,/JD/05 A5$OOA'I1i5 PAX NUlOBll; 651_6)6_1311 "(O'tAl. NO. Of PAGBS INCLUDLN-:Q COVBJt.;2 PHONE NUMU&.R: ~1-436w4600 saNO'Bl'S lt2PBllSNa. NUMeD.: RB: AODmONAL wORK :POB. erN Off CBN RVltLE YOUR~~CBNUM>>E~ IiZI URGID<T o FOil IUlVIEW C PLEASE COMMIlNT o PLEASE REPLY IJ PLI!ASE RECYCLE NOTE.'VCONMBNm I Tom, HeLe is the ~ fot d Ie ~J wom 1"'l~ at the City f Cen-.1lle's Publk Wodm F.dIily. Any q.-tioos, ple ~call. Tbsnks, 0iffMc:yt:15 HOLTE CONTR CTING IS A CERTIFIED OBI FIRM 6514817992 HOLTE CONTRACTING PAGE 01/02 03/30/2005 12'17 6514817992 I-IJL TE IDITRACTIHG PAGE 021 02 . 1fofte ContractitfB 3174 RJ'BIl L.... Utd< Caoada, Minnc>o.. 55117 cl"",""" (6S1l 481-7939 F.. (651) 481-m:! Weboito; . -. . QUOTATION Bid Date: 3/30105 Location: City ofCenterville S.P. Number: H05095 Description: Pond and Ditch Improve pents Total Quote: $6,757.96 No bonding included. No traffic Cl Bid Price = 100 % DBE nllol included. Item Quaotity UIM Descriplioo UnltI rice TollII 2 Each (2' M Catcb BMin with R-2501 $1,59 .73 $3,197.46 Castinll 190 LF (8") PVC Pipe $17. S $3,410.50 1 CQ/Y d Class 3 Riprap $150 00 S 1 50.00 .... TO: Honorable Mayor & City Council Members FROM: Kim Stephan SUBJECT: Parks & Recreation Committee Recommendations DATE: April 7, 2005 Monument Sil!dslFlower Beds in City Parks There are five (5) city parks with flowerbeds surrounding the monument sign to each park and two (2) flower beds at City Hall. In both 2003 & 2004 Parks & Recreation Committee Members, City Staff & Residents have adopted these flower beds; planting, weeding, fertilizing & mulching. To continue this project for 2005, the Parks & Recreation Committee would like to request funds not to exceed $50 per flower bed or $350 total. Motion was made by Chairperson Peterson, seconded by Committee Member Peil, to request funds not to exceed $50 per park/flower bed or $350 total to purchase supplies such as plants, fertilizer, top soil & mulch with funds from the Park Maintenance Fund. AU in favor. Motion carried unanimously. Parks & Recreation Committee's Particination in Earth Dav. Aoril23. 2005 Vice-Chairperson LeBlanc and Committee Member Seeley will organize a park clean up with resident volunteers on Saturday, April 23, 2005. The committee would like to supply beverages and snacks to those who volunteer their time. Chairperson Peterson will put together some packets with bags, gloves and trash pickers for the volunteers and leave them at City Hall prior to Saturday, April 23, 2005. Motion was made by Committee Member Seeley, seconded by Vice-Chairperson LeBlanc to request funds not to exceed $25 to provide refreshments to Earth Day volunteers. All in Favor. Motion passed unanimously. Centennial Littlf Lea2ue Use ofBaU fields The Parks & Recreation Committee received a letter from the Centennial Lakes Little League requesting the use of Laurie LaMotte Mjlmorial Park ball fields and the same service provided by Public Works Staff in regards to grooming the fields prior to games. This would be the same schedule as was approved in 2004. At this time, no other requests have been received. Chairperson Peterson has taken a position this year as a Centennial Little League Representative and will abstain from voting on this issue. Committee Member Peil requested stating specifically that there is no little league at Laurie LaMotte Memorial Park on Friday, August 5, 2005 as this is the weekend of Fete des Lacs. Motion was made by Committee Member Peil, seconded by Vice-Chairperson LeBlanc, to recommend City Council accept the request from Centennial Little League to use the three baseball and softball fields and facilities located in Laurie LaMotte Memorial Park for the summer months of 2005 beginning April 14 through August 15, 2005, Monday through Friday from 4:00 p.m. until dark with the exception of Friday, August 5, 2005. Ayes - 3, Nays- 0, Abstain - 1 (Peterson) Motion carried. Community Gardeninl! Committee Member Seeley requested the Parks & Recreation Committee again recommend to council the approval of the use of the gardening plot located behind City Hall to interested residents. There has been limited interest in past years, but the plot has been used. Ms. Stephan will advertise on the web site, cable and the City Sign with Committee Member Seeley as the contact person for any residents interested. There will be no cost to the city, water will not be provided and interested residents will till the plot themselves. Motion was made by Committee Member Seeley, seconded by Vice-Chairperson Leblanc to request City Council give permission to use the plot behind City Hall for community gardening to those residents who have an interest. Water and tilling will be provided by residents. All in Favor. Motion passed unanimously. tervi[[e 'Esta6[isMa 1857 1880 ;Main Street . Centerviffe, 'MN 55038 (651) 429-3232 . 'F'axJ651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #05 - 015 A RESOLUTION AUTHORIZING BANK SIGNATURE AUTHORITY WHEREAS, the City ofCenterville has hired a new City Administrator; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA: 1. That the following individuals will have signature authority for all banking and investment accounts for the City of Centerville, effective April 14, 2005 until further notice: City Administrator, Mr. Dallas Larson; Finance Director, Mr. John Meyer; Mayor Mary Capra; and Acting Mayor Mr. Tom Lee. The above stated individuals are directed to complete the Corporate Banking Resolution provided by Main Street Bank and notification forwarded to Smith Barney, Inc. PASSED AND ADOPTED by the City Council this 13th day of April, 2005. Attest City Clerk Mayor etl}'f"i ~ t '0' ,.,,, f!! if' .' '~,' , " a,a, " " ,i).y" TO: Honorable Mayor and Council Members FROM: Teresa Bender, City Clerk SUBJECT: Flyer to Chauncey Barett - Committee/Commission Vacancies DATE: April 7, 2005 Mayor Capra suggested that this item be placed on the agenda due to the fact that Chauncey Barett residents do not receive utility bills and the City places quarterly newsletters in with the utility billing. These newsletters contain helpful information and upcoming events. Ms. Stephan delivered newsletters, adopt a wood duck house applications and garage sale registration forms there the other day on her way home. Mr. Bill Karas appreciated the information and thanked Ms. Stephan. MenlO,., TO: Honorable Mayor & City Council Members FROM: Kim Stephan SUBJECT: CitizenlBusiness Person of the Year & Lifetime Achievement DATE: April 6, 2005 Following is an excerpt from the March 16, 2004 EDC Meeting Minutes concerning CitizenlBusiness Person of the Year. Attached is the Council action taken at that time. Citizen I Business Person of the Year & Lifetime Achievement Award The committee discussed the nominations for Citizen of the Year, Business of the Year and the Lifetime Achievement Award. The nominations were sent out in the 2004 Business Directory to approximately 1,300 residents, forms were available at City Hall and all council, committee and commission members were reminded the nomination forms were due. The committee received three (3) nominations for Business of the Year, one (I) nomination for Citizen of the Year and one (1) nomination for the Lifetime Achievement Award. The committee does not believe there is interest from the residents to participate in this program, nor is it a function of EDC to be involved in Citizen of the Year or the Lifetime Achievement Award. EDC would like to continue with the Business Person of the Year Award as it directly relates to EDC. The committee would like to continue taking nominations for the Business Person of the Year until the next scheduled EDC meeting scheduled for April 13, 2004. Motion was made by Chairperson Burke, seconded by Vice-Chairperson Backman to forward the Citizen of the Year and the Lifetime Achievement Award nominations on to City Council for further consideration with no recommendation from the Economic Development Committee. EDC would like to maintain and present the Business Person of the Year Award. All in favor. Motion passed unanimously. City Attorney Hoeft indicated that the license for Sager's Liquor would no longer be valid because it is tied to a location and that location is now Centerville Liquor. Council Member Broussard Vickers asked that the owner of Sager Liquor be notified that his license is no longer valid in the City. Motion bv Conncil Member Broussard Vickers. seconded bv Council Member Paar to approve the reauest of Michael Walmar for a tobacco license and off sale liquor license. All in favor. Motion carried unanimouslv. 2. Minnesota Department of Transoortation - Inter Regional Corridor Management Plan for Interstate 35 Ms. Moore-Sykes indicated that MNDOT is looking for a representative to attend the corridor management meetings. Council discussed the matter and determined that daytime meetings should be attended by Ms. Moore-Sykes and evening meetings by Council Member Broussard Vickers. 3. Payment Droo Box Purchase Ms. PauIseth reviewed the proposal to purchase a payment drop box with Council. Council Memb~ Broussard Vickers commented that she felt this was too much money to spend so that residents couId make a payment without getting out of their vehicle. Motion bv Council Member Capra. seconded bv Council Member Lee to approve an amount not to exceed $2.000 for the purchase of a pavment drop box for City Hall. Aves - 4. Navs - l(Broussard Vickers). Motion carried. 4. Economic Develooment Committee (EDC) Request of Council to Consider Citizen of the Year and Lifetime Achievement Awarding Resoonsibilitv Council discussed the matter and agreed to move forward with the business nomination for this year and Council Member Capra will provide information on a new process for having the lifetime achievement award every three years. VUI. OLD BUSINESS I. Chauncey Barett Gardens. Phase II Ms. Karen Skepper from Anoka County appeared before Council and explained the bonding process and asked for Council support for the funding of Phase II. She then explained how the Resolution was worded and why it was worded that way. Page 3 of5 American Heart a1. Association. V Learn and Live. T AMERICAN LUNG ASSOCIATION. ofMinrJes_ t Amcrlc:~n Cancer So<,"t)" ~ , Mayor Mary Capra 1880 Main St . Centerville, MN 55038-9794 Dear Mayor Capra: For decades the public has recognized the relationship between secondhand smoke and health risks. - As a result, many cities and counties have reached the conclusion that steps must be taken to protect the public they represent and have passed local smokefree ordinances. Others have declined to pass local laws, instead deferring to the State Legislature to pass a statewide law prohibiting smoking in all public places and workplaces. We maintain that this is an issue that should be high on the list of priorities at all levels of government. The 2005 Minnesota State Legislature will be addressing the issue of a comprehensive statewide smokefree law for Minnesota. We are asking that you and your city support the passage of such law. Whether done in the name of decreasing health care costs, protecting vulnerable populations, or improving the quality oflife for workers, this is a law that is long overdue in Minnesota. The leadership that you demonstrate in the community makes your support for this legislation crucial. To show your support, please sign the enclosed resolution and return it to the Minnesota Smoke-Free Coalition. The signatories will be listed on our web site and as a support document for the proposed law. Leaders in Minnesota know thafwhen they lead, others will follow. That is how smokefree spaces, including restaurants and bars, have spread across regions elsewhere in the nation. Please contact us if you have any additional needs or have any questions at all. Thank you. Jill Birnbaum Joy Carmona American Heart Association American Lung Association jill.bimbaum@heart.org joy.carmona@alamn.org (952) 278-3643 (651) 268-7588 Matt Flory American Cancer Society matt.flory@cancer.org (651) 255-8190 RESOLUTION OF SUPPORT FOR THE FREEDOM TO BREATHE ACT WHEREAS, tobacco-related disease is the number one cause of preventable death and disease to Minnesota residents;' and WHEREAS, worksites and public places are locations where both members of the co=unity and employees of those establishments are exposed to secondhand smoke, and WHEREAS, secondhand smoke kills at least 38,000 nonsmoking Americans every year from coronary artery disease and lung cancer;" and WHEREAS, only thirty minutes of secondhand smoke compromises a non-smoker's coronary arteries to the same extent as in smokersiii; and WHEREAS, secondhand smoke can cause asthma attacks in those who suffer from asthma'v; and WHEREAS, employees should not be forced to risk their health through exposure to dangerous and deadly toxins in their workplace; and WHEREAS, much of this important health risk is preventable by the implementation of comprehensive smoke- free policiesv; BE IT THEREFORE RESOLVED that the undersigned individual supports: . The state Freedom to Breathe Act, which provides further protections for Minnesota workers, including bar and restaurant workers. . The continued right oflocal governments to further strengthen local laws to protect workers from secondhand smoke exposure. BE IT FURTHER RESOLVED that the undersigned individual will consent to the public use of this endorsement by the Minnesota Smoke-Free Coalition. Name: Title: Address: City, State, Zip Phone ( ) Fax ( ) Email Authorized Signature Date o Yes! We want to receive regularemail updates on the campaign. Please return to: Minnesota Smoke-Free Coalition 1619 Dayton Avenue, Suite 303 St. Paul, MN 55104 (651) 641-1601fax Email: infosfc@smokefreecoalition.org Resolution of Support - Individual The Minnesota Smoke-Free Coalition is a group of health, business and civic organizations working together to reduce tobacco use in Minnesota. The Coalition's goals are to prevent children from beginning a lifelong addiction to tobacco, create economic disincentives for tobacco use, and to protect nonsmokers from exposure to secondhand smoke. I AlTfiZi'il:Zlill1 'l.Jl." C<1I1Gllf , 1i' Society' : , " - ".,~---->: - i:A . ,t- Amencan Heart aA Association. V Learn and Live_ t' AMERICAN . lUNG .A$SOC1ATlON., of Minnesota +, "1I~ !rIm HealthPartners' BlueCross BlueShield of Minnesota ~ ""........_altk....c........lIIooShlddAmdalion t-MMA . COAlITlON i The Human and Economic Costs of Tobacco in Minnesota, Minnesota Department of Health Fact Sheet, April 2, 2002, ~ttp:llwww.health.state.mn.usldivslhocdltoc/tobcosts.l.df. II Secondhand Smoke, Centers for Disease Control and Prevention Fact Sheet, February 2004, http://www.cdc..ov/tobacco/factsheetslsecondhandsmokefactsheet.htm. ill Otsuka, Ry et al, "Acute Effects of Passive Smoking on the Coronary Circulation in Health Young Adults," JAMA 286:436-441 (2001). i, Educate Yourself About Asthma, Minnesota Department of Health Fact Sheet, htto:llwww.health.state.mn.usldivslhocdlcdeelasthmalEducateAsthma.httnl 'Hopkins DP, Bliss PA, Ricard CJ, Husten CG, Carande-Kulis VG, Fielding IE, et ale Reviews of evidence regarding interventions to reduce tobacco use and exposure to environmental tobacco smoke. Am J Prev Med 2001;20(2 suppl): 16- 66. Resolution of Support - Individual Me1l1o... TO: Honorable Mayor and Council Members ~. FROM: Teresa Bender, City Clerk/\ ' SUBJECT: Planning and Zoning Commission Ordinance Review - Fine Structure (Ordinance #]3 - Liquor) DATE: April 7, 2005 The Planning and Zoning Commission is currently reviewing and recommending changes/amendments to the City's ordinances and they desire Council to consider the current fine structure within Ordinance # 13. As Council is aware, currently American Legal Publishing is editing our ordinances and will accept amendments. City Administrator Larson has touched base with Mr. Duke Addicts from the League of Minnesota Cities (works in conjunction with American Legal Publishing) to obtain a date for the draft code and whether the City should include Ordinance #4 and #8 within the codification process. Previously, staff had been advised by American Legal Publishing to exclude them with a reference and Council concurred due to cost. Mr. Larson feels that both Ordinance #4 and 8 (the two largest ordinance and most referenced) should be contained in the codification process. .,6a~ d&i!MhU"dd,~~ -zi ~. ~Ul/~:' @ /' tlourlad ""7 I I I L 1- STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #13 AN ORDINANCE REGULATING THE POSSESSION, SALE, AND CONSUMPTION OF INTOXICATING LIQUOR, WINE, AND 3.2 PERCENT MALT LIQUOR WITHIN THE CITY OF CENTERVILLE, MINNESOTA THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA DOES HEREBY REPEAL ORDINANCE #'S 11, 12 & 21 AND AMENDS ORDINANCE #13: Section 1. AdoDtion of State Law by Reference. The provisions of M.S. Chapter 340A, as they may be amended from time to time, with reference to the definitions, terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part of this ordinance as if set out in full. It is the intention of the City Council that all future amendments to M.S. Chapter 340A are hereby adopted by reference or referenced as if they had been in existence at the time this ordinance is adopted. Section 2. City may be more Restrictive than State Law. The Council is authorized by the provisions of M.S. 340A.509, as it may be amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in M.S. Chapter 340A, as it may be amended from time to time. Section 3. Definitions. In addition to the definitions contained in Minnesota Statutes, Chapter 340A.101, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: Display. The term "Display" means the keeping, storing, or permitting to be kept or stored of an alcoholic beverage which has been poured, dispensed or has had its package seal broken on, in, or at any table, booth, bar or other area of a licensed premises accessible to the general public, except when the alcoholic beverage is stored in a normal storage area during non-sale hours. Interest - The term "Interest" as used in this ordinance includes any pecuniary interest in the ownership, operation, management or profits of a liquor establishment, but does not include: bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business or selling or leasing merchandise, fixtures or supplies to such establishment; or any interest of 5 percent or less in any corporation holding a City liquor license. A person who receives monies, from time to time, directly or indirectly from a licensee in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail City of Centerville Ordinance #13 (Liquor) 08/28102 license. In determining "bona fide," the reasonable value of the goods or things received as consideration for the payment of the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade any prohibitions under this ordinance shall be considered. Licensed Premises. The term "Licensed Premises" is the premises described in the approved license application. In the case of a restaurant, club, or exclusive liquor store licensed for on-sales of alcoholic beverages and located on a golf course, "licensed premises" means the entire golf course except for areas where motor vehicles are regularly parked or operated. Operating Manager. The term "Operating Manage(' as used in this ordinance means a person designated by the license holder who works at the licensed premises and is in charge of day-to-day liquor sales. Properly Designated Officer . The term "Properly Designated Officer" means and includes (i) the City Fire Inspector or Fire Chief; Oi) the City Building Official, Building Inspector, or Aclministrator;and (iii) the Health Inspectors employed by Anoka County or the State of Minnesota acting in the course of the scope of their employment. Underage Person. The term "Underage Person" means a person who is under the legal drinking age as provided by Minnesota Statutes Chapter 340A. Liquor. As used in this ordinance, without modification by the words "intoxicating" or 3.2 percent malf' includes both intoxicating liquor and 3.2 percent malt liquor. Restaurant - Restaurant means an eating fac~ity, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises, where full waitresslwaiter table service is provided, where a customer orders food from printed menus and where the main food course is served and consumed while seated at a single location. An establishment which serves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served, shall be considered to- be a restaurant for the purposes of this chapter as long as it is currently licensed as such by Anoka County. Section 4. Nudity on the Premises of Licensed Establishments is Prohibited. A. The City Council finds that it is in the best interests of both publiC health, safety and general welfare of the people of the city that nudity is prohibited as provided in this section on the premises of any establishment licensed under this ordinance. This is to protee! and assist the owner, operators, and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of alcohol, nudity, and sex. The Council especially intends to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal conduct, including prostitution, sexual assault, and disorderly conduct. The Council also finds that the prohibition of nudity on the premises of any Page 2 of 17 City of Cenlerville Ordinance #13 (liquor) 08/28/02 establishment licensed under this ordinance, as set forth in this section, reflects the prevailing community standards of the city. B. It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the person does not have their buttocks, anus, genitals and female breasts covered with a non-transparent material. It is unlawful for any person to be on the licensed premises when the person does not have their buttocks, anus, genitals and female breasts covered with a non-transparent material. This paragraph shall also apply to non-alcohol under age events on the licensed premises. C. It is unlawful for any licensee to permit or allow any male and/or female swim suit competition on the licensed premises during any non alcohol under age event. D. A violation of this section is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or the imposition of a civil penalty under the provisions of this ordinance. Section 5. Consumption in Public Places. Except as otherwise provided for herein, no person shall consume intoxicating liquor or 3.2 percent malt liquor in a public park, on any public street, sidewalk, trail, parking lot or alley, or in any public place other than on the premises of an establishment licensed under this ordinance, in a municipal liquor dispensary if one exists in the city, or where the consumption and display of liquor is lawfully permitted. Section 6. - This Section has been left blank for future use. Section 7. Term and Expiration of Licenses. No person, except as otherwise provided in Minnesota Statutes Chapter 340A shall directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor, 3.2 percent malt liquor, or wine as part of a commercial transaction without first having received a license to do so as provided in this ordinance; nor shall any private club or public place. directly or indirectly, or upon any pretense or by any device, allow the consumption or display of intoxicating liquor or serve any liquid for the purpose of mixing with intoxicating liquor without first obtaining a license from the City as provided in this ordinance. Each license shan be issued for a maximum period of one year. All licenses except temporary licenses. shall expire on December 31 of each year unless another date is provided by ordinance. All licenses shall expire on the same date. Temporary licenses expire according to their terms. Page 3 ofl7 City of Cenlerville Ordinance #13 (Liquor) 08/28/02 Section 8. Kinds of Liauor License. The following types of licenses may be issued up to the number specified in this ordinance: A. On-Sale 3.2 Percent Malt Liquor License On-sale 3.2 percent malt liquor licenses which may be issued only to restaurants, hotels, clubs, bowling centers and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks. B. Off-Sale 3.2 Percent Malt Liquor License C. Temporary 3.2 Percent Malt Liquor License Temporary 3.2 percent malt liquor licenses which may be issued only to a club, charitable, religious, or nonprofit organization. D. Off-Sale Intoxicating Liquor License Off-sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores or drug stores that have an off-sale license which was first issued on or before May 1, 1994. The fee for an off- sale intoxicating liquor license established by the Council under Section 9 shall be set by annual Fee Schedule adopted by Council which may be permitted by M.S. 340A.408, subd. 3, as it may be amended from time to time. E. On-Sale Intoxicating Liquor License On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined in M.S. 340A.101, as it may be amended from time to time, and this ordinance: hotels, restaurants, bowling centers, clubs, or congressionally chartered veterans organizations and exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the Council under Section 9 of this ordinance, shall not exceed the amounts provided for in M.S. 340AA08, subd. 2(b), as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the city under the provisions of M.S.340.404, subd. 4b, as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at Page 4oft7 City of Centerville Ordinance #13 (Liquor) 08/28/02 any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention or cultural facility owned by the city, under the provisions of M.S.340.404. subd. 4a. as it may be amended from time to time. F. On-Sale Sunday Liquor License On-sale Sunday liquor licenses which may be issued only after authorization to do so by voter approval at a general or special election as provided by M.S. 340A.504, subd. 3. as it may be amended from time to time. Sale of alcoholic beverages in conjunction with the sale of food on Sunday begins at 10:00 a.m. if the applicant is in conformance with the Minnesota Clean Air Act. G. Combination On-Sale I Off.Sale Intoxicating Liquor License This license may be issued if the City has a population less than 10,000. H. On-Sale Temporary Intoxicating Liquor License Temporary on-sale intoxicating liquor licenses, with the approval of the City Council, which may be issued only in connection with a social event sponsored by a club. charitable, religious, or other nonprofit corporation that has existed for at least three years. No license shall be for longer than four consecutive days, and the City shall issue no more than 24 days worth of temporary licenses to anyone organization in one calendar year. I. On-Sale Wine License On-sale wine licenses which may be issued with the approval of the Commissioner of Public Safety to: restaurants having facilities for seating at least 25 people at one time and meet the criteria of M.S. 340A.404, subd. 5. as it may be amended from time to time, and which meet the definition of a restaurant in Section 3 of this ordinance; and to licensed bed and breakfast facilities which meet the criteria in M.S.340A.401, subd. 1 as it may be amended from time to time. The fee for an on-sale wine license established by the Council under the provisions of Section 9 of this ordinance shall not exceed one-half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who also holds an on-sale 3.2 percent malt liquor license is authorized to sell malt liquor with a content over 3.2 percent (strong beer) without an additional license. Section 9. License Fees: Pro Rata: Pavrnent: Refunds Retail License Fees. Page 5ofl7 City of Cenlerville Ordinance #13 (liquor) 08/28/02 Annual Fees. The annual fees for all licenses and temporary licenses are set forth by Council Resolution. A. No license or other fee established by the city shall exceed any limit established by M.S.340A, as it may be amended from time to time. for a liquor license. B. The Council may establish from time to time by ordinance or resolution the fee for any of the liquor licenses it is authorized to issue. The license fee may not exceed the cost of issuing the license and other costs directly related to the enforcement of the liquor laws and this ordinance. No liquor license fee shall be increased without providing mailed notice of a hearing on the proposed increase to all affected licensees at least 30 days before the hearing. C. Prorated Fees. The fee for all licenses, except temporary licenses, granted after the commencement of the license year shall be prorated on a quarterly basis. D. Payment. All license fees shall be paid in full at the time the application is filed with the city. If the application is denied, the license fee shall be returned to the applicant except for any costs incurred by the City for investigation of the application/applicant. E. Refunds. license fees shall be refunded if an application for a license is denied by the City Council. except where rejection is for a willful misstatement in the license application. No part of the fee paid for any issued license shall be refunded except as authorized under Minnesota Statutes Section 340A.408, subd. 5. upon application to the City Clerk within 20 days of the happening of any event provided under Minnesota Statutes Section 340A.408, subdivision 5, and except as provided in Section 9 D. Section 10. Council Discretion to Grant or Denv a License. The Council in its sound discretion may either grant or deny the application for any license or for the transfer or renewal of any license. No applicant has a right to a license underthis ordinance. Section 11. ADplication for License. A. Form. Every application for a license issued under this ordinance shall be on a form provided by the city. Every application shall state the name of the applicant, the applicant's age. with references as the Council may require, the type of license applied for, the business in connection with which the proposed license will operate and its location, a description of the premises. whether the applicant is owner and operator of the business, how long the Page 6oil? City of Cenlerville Ordinance #13 (Liquor) 08/28/02 applicant has been in that business at that place, and other information as the Council may require from time to time. An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the information required in this section. The form shall be verified and filed with the city. No person shall make a false statement in an appfication. B. Financial Responsibility. Prior to the issuance of any license under this ordinance, the applicant shall demonstrate proof of financial responsibility as defined in M.S.340A.409, as it may be amended from time to time, with regard to liability under M.S.340A.801, as it may be amended from time to time. This proof will be filed with the City and Commissioner of Public Safety. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to M.S. 340A.409, as it may be amended from time to time. Operation of a business which is required to be licensed by this ordinance without having on file with the city at all times proof of financial responsibility to include liquor liability/dram shop, general liability, and workers compensation insurance coverage is a cause for revocation of the license. 1. Liquor Liability/Dramshop. Proof of financial responsibility . shall be given by filing one of the following: a. A certificate that there is in effect an annual aggregate insurance policy for dram shop insurance of not less than statutory requirements per policy year to cover each person, each occurrence, property damage each occurrence, loss of means of support per person, loss of means of support each occurrence, and policy aggregate; or 2. A certificate of the State Treasurer that the licensee has deposited with him $100,000 in cash or securities which may legally be purchased by savings banks or trust funds having a market value of $100,000. C. General Liability. Proof of financial responsibility shall be given by filing a certificate that there is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to anyone person in anyone occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in anyone occurrence, $50,000 for loss of means of support of anyone person in anyone occurrence, and $100,000 for loss of means of support of two or more persons in anyone occurrence. Page 7 of 17 City of Centerville Ordinance #13 (Liquor) 08/28102 D. Workers' Compensation Insurance. The policy limits for workers' compensation insurance shall be as provided for by state law. E. Additional Requirements. The liability insurance required by this section must provide that it may not be canceled for any cause by either the insured or the insurer unless the canceling party has first given ten days' notice in writing to the City of intent to cancel the policy. All corporations, partnerships, and associations must designate an Operating Manager. The Operating Manager must be a person designated by the licensed premises who is in charge of day-to-day liquor sales. Execution of Application If the application is by an individual, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license, and insurance policy shall be made and issued in the name of all partners. It shall be unlawful to make any false statement in an application. Falsification is a cause for revocation or denial of the license. Section 12. Description of Premises. The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. Except as for otherwise provided for herein. Section 13. Applications For Renewal. At least 90 days before a license issued under this ordinance is to be renewed, an application for renewal shall be filed with the city. The decision whether or not to renew a license rests with the sound discretion of the Council. No licensee has a right to have the license renewed. The general procedure for renewal is as follows: A. The city will mail all application forms by September 30 with a letter stating the timeframes and requirements for completion of the application process. The form used will be the Minnesota Department of Public Safety Renewal of Liquor, Wine of Club License (form PS9093-98 or the most current form used by Alcohol and Gambling Enforcement). B. Licensees will retum the required forms to the city by October 30. Page 8 ~f 11 City of Cenlerville Ordinance #13 (Liquor) 08128/02 C. Applicants are responsible to verify information on citations and violations with the Chief of Police prior to October 30 and submission to the city. D. The Council shall place on the agenda each year at the first scheduled Council meeting in November to review and hear testimony by any interested individual or party concerning the renewal of liquor licenses. This process allows for appeal of a denied license and the required approval from the state prior to the December 31 license expiration date. E. Approvals are contingent upon licensee proof of required payment of insurances, property taxes, and city utility bills. F. The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. Except as for otherwise provided for herein. G. The Chief of Police is requested to provide Council by October 15 each year, a summary of officer calls and the nature of those calls to licensed establishments. The Chief of Police is also requested to report a graphical depiction of alcohol related issues such as citations and arrests for driving under the influence or alcohol related infractions for the previous 3 year period. H. The City Administrator shall verify all information prior to issuing a license. Section 14. Transfer of License. No license issued under this ordinance may be transferred without the approval of the Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this ordinance applying to applications for a license shall apply. Death of Licensee In the event of the death of a person holding a license, the personal representative of that person shall be allowed to continue to operate the business within the terms of the license for a period not to exceed 180 days after the death of the licensee. Section 15. Investigation. A. Preliminary background investigation. On an initial application for a license, on an application for transfer of a license and, in the sound discretion of the Council that it is in the pUblic interest to do so, on an application for renewal of a license, the city shall conduct a preliminary background investigation of the applicant or it may Page 9 of 17 City of Centerville Ordinance #13 (Liquor) 08/28/02 contract with the Commissioner of Public Safety for the investigation. The applicant shall pay with the application an investigation fee of $500 which shall be in addition to any license fee. If the cost of the preliminary investigation is less than $500, the unused balance shall be retumed to the applicant. The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. B. Comprehensive background investigation. If the results of the preliminary investigation warrant, in the sound discretion of Council, a comprehensive background investigation, the Council may either conduct the investigation itself or contract with the Commissioner of Public Safety for the investigation. The investigation fee for this comprehensive background investigation to be paid by the applicant shall be $500, less any amount paid for the initial investigation if the investigation is to be conducted within the state, and $10,000, less any amount paid for the initial investigation, in the investigation is required outside the state. The unused balance of the fee shall be retumed to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied. The results of the comprehensive investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. Section 16. Hearing and Issuance. The Council shall investigate all facts set out in the application and not investigated in the preliminary or comprehensive background investigations. Opportunity shall be given to any person to be heard for or against the granting of the license at the first scheduled Council meeting in November for renewals or at the time of review for a new application. After the investigation and hearing, the Council in its sound discretion may grant or deny the application. No license shall become effective until the proof of financial security has been approved by the Commissioner of Public Safety. Should the City Council deny the applicant's request for a license due, partially or solely, to the applicant's prior conviction of a crime, the City Council shall notify the applicant of the grounds and reasons for the denial; the applicable complaint and grievance procedure as set forth in Minnesota Statutes, Section 364.06; the earliest date the applicant may reapply for a license; and that all competent evidence of rehabilitation will be considered upon reapplication. Section 17. Restrictions on Issuance. A. Each license shall be issued only to the applicant for the premises described in the application. Page 10ofl7 City of Centerville Ordinance #13 (Liquor) 08/28102 B. No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges or other financial daims of the city are delinquent and unpaid. C. No license shall be issued for any place or business ineligible for a license under state law. D. No new license shall be granted within 500 feet of any school or church. The distance is to be measured from the closest side of the church or school to the closest side of the structure on the premises within which liquor is to be sold. The provisions of this paragraph shall not apply to any existing license existing on the effective date of this ordinance or to the renewal of an existing license as long as the establishment is in compliance with applicable zoning regulations, Section 18. Conditions of License. Every licensee is responsible for the conduct of the place of business. The act of an employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this ordinance equally with the employee. The failure of the licensee to meet anyone of the conditions of the license specified below shall result in suspension of the license until the condition is met. A. Every licensee shall allow any peace officer or health officer to conduct compliance checks. B. No on-sale establishment shall display liquor to the public during the hours when the sale of liquor is prohibited. C. Compliance with financial responsibility requirements of state law and this ordinance is a continuing condition of any license. Section 19. Hours and Davs of Sale. A. The hours of operation and days of sale shall be as those set by M.S. 340A.504, as it may be amended from time to time. B. No person shall consume nor shall anyon-sale licensee permit any consumption of intoxicating liquor or 3.2 percent malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale can legally occur. C. No on-sale licensee shall permit any glass, bottie, or other container containing intoxicating liquor or 3.2 percent malt liquor to remain upon any table, bar, stool or other place where customers Page 11 of 17 City of Centerville Ordinance #13 (Liquor) 08/28/02 are served, more than 30 minutes after the time when a sale can legally occur. D. No person other than the licensee and any employee shall remain on the on-sale licensed premises more than 30 minutes after the time when a sale can legally occur. E. Any violation of any condition of this section may be grounds for revocation of suspension of the license. Section 20. Restrictions Involvina Underage Persons. A. No licensee, his agent, or employee shall serve or dispense upon the licensed premises any intoxicating or 3.2 percent malt liquor to a person under the legal drinking age; nor shall such licensee, or his agent or employee, permit any such person to be furnished or allowed to consume any such liquors on the licensed premises; nor shall such licensee, his agent, or employee, permit any such person to be delivered any such liquors. B. No person under the legal drinking age shall enter a licenl/ed premises for the purpose of purchasing or consuming any alcoholic beverage: C. No person under the legal drinking age shall consume or receive delivery of intoxicating or 3.2 percent malt liquor. D. No person under the legal drinking age shall possess any intoxicating or 3.2 percent malt liquor. Possession of an alcoholic beverage by a person under the legal drinking age at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the person's parent or guardian. E. Misrepresenting Age. No underage person shall misrepresent the person's age for the purpose of obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall the person enter any premises licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the purposes of purchasing or having served or delivered any alcoholic beverage. Nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for the underage person any intoxicating liquor or 3.2 percent malt liquor. F. Identification Requirements 1. Identification Required. Any person shall, upon demand of the licensee, his employee, or agent, produce and permit to be Page 12 of 17 City of Cenlerville Ordinance #13 (Liquor) . 08/28/02 examined one of the forms of identification provided under Minnesota Statutes Section 340A.503, subd. 6. 2. Prima Facie Evidence. In every prosecution for a violation of the provisions of this section relating to the sale or furnishing of intoxicating liquor or 3.2 percent malt liquor beverages to underage persons and in every proceeding before the Council with respect thereto, the fact that the underage person involved has obtained and presented to the licensee, his employee or agent, a driver's license, passport or identification card from which it appears that said person was not an underage person and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional. Section 21. This Section has been left blank for future use. Section 22. Revoc~tion or SusDension of License. The Council may suspend or revoke any license for the sale of intoxicating or 3.2 percent malt liquor for any of the following reasons: A. False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises or representations made to the City Council. B. Violation of any special conditions under which the license was granted, including, but not limited to, the timely payment of real estate taxes, and all other charges. C. Violation of any Federal, State, or local law regulating the sale of intoxicating liquor, 3.2 percent malt liquor, or controlled substance. D. Creation of a nuisance on the premises or in the surrounding area. E. That the licensee suffered or permitted illegal acts upon the licensed premises or on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating liquor or 3.2 percent malt liquor. Page 13 ofl? City of Cenlerville Ordinance #13 (Liquor) 08/28102 F. Expiration or cancellation of any required insurance, or failure to notify the City within a reasonable time of changes in the term of the insurance or the carriers. Section 23. Hearin9 Notice For Revocation or Susoension of License. Revocation or suspension of a license by the City Council shall be preceded by public hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.70. The City Council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least 10 days prior to the hearing, include notice of the time and place of the hearing, and state the nature of the charges against the licensee. Section 24. Prohibited Conditions. A. Prostitution. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly under the licensee's control to be used by prostitutes. B. Controlled Substances. No licensee shall knowingly permit the sale, possession or consumption of controlled substances on the licensed premises in violation of state law. C. Gambling. Gambling and gambling devices, with the exception of licensed charitable gambling organizations, are not permitted on licensed premises. State lottery tickets may be purchased and sold within licensed premises as authorized by the director of the state lottery. Section 25. Inactive License. The City Council may revoke the intoxicating liquor or 3.2 percent malt liquor license of any establishment granted a license that is not under construction and exhibiting satisfactory progress toward completion within 6 months from its issuance, or any establishment that ceases operation for a period of 6 months. A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the Council may revoke the license. Section 26. Buildina Chanaes. Proposed enlargement or substantial alteration which changes the character of the establishment, or extension of premises previously licensed shall be reported to the City Clerk at or before the time application is made for a building permit for any such change. The enlargement, substantial alteration or extension shall not be allowed unless the Council approves an amendment to the license. Section 27. Public Character of Liauor Sales. No sale of liquor shall be made to or in guest rooms of hotels unless: Page 14of17 City of Centerville Ordinance #13 (Liquor) 08/28/02 A. the rules of such hotel provide for the service of meals in guest rooms; B. the sale of such liquor is made in the manner on-sales are required to be made; C. such sale accompanies and is incidental to the regular service of meals to guests therein; D. the rules of such hotel and the description, location, and number of such guest rooms are fully set out in the application for the liquor license. Section 28. Presumotive Civil Penalties. A. Purpose. The purpose of this Section is to establish a standard by which the City Council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this ordinance. These penalties are presumed to be appropriate for every case; however, the Council may deviate in an individual case where the Council finds that there exist substantial reasons making it more appropriate to deviate, such as, but not limited to, a licensee's efforts. in combination with the State or City to prevent the sale of alcohol to minors. When deviating from these standards, the Council will provide written findings that support the penalty selected. B. Minimum Penalties for Violations. The minimum penalties for convictions or violations must be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): The following violations require revocation of the license on the first violation: . Commission and/or of a felony related to the licensed activity. . Sale of alcoholic beverages while license is under suspension. . Sale of intoxicating liquor where only license is for 3.2 percent malt liquor. Any violation not listed in the previous information would be heard by the Council and they would review all information and circumstances and determine a penalty with the maximum fine of $2,000 and/or 50-day suspension or detennine the license should be revoked. license holders have the right to request a hearing before the City Council if not in agreement with the presumptive penalty. The City Page 15oft7 City of Centerville Ordinance #13 (Liquor) 08/28/02 Administrator also has the right to request a hearing before the Council if he/she/they believe there exists substantial reason making it appropriate to deviate from the presumptive penalty. If the City Administrator and licensee agree on the presumptive penalty, these will be reported to the City Council in a staff report. C. Multiple Violations. At a licensee's first appearance before the Council, the Council must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case must consider the presumptive penalty for each violation under the first appearance column in subsection (6) above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's discretion. D. Subsequent Violations. Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Administrator and licensee agree in writing to add the violation to the first appearance. The same procedure applies to a second, third, or fourth appearance before the Council. E. Subsequent Appearances. Upon a second, third, or fourth appearance before the council by the same licensee, the Council may impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this Section. F. Computation of Violations. Multiple violations are computed by checking the time period of the three years immediately prior to the date of the most current violation. G. Other Penalties. Nothing in this Section shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, impose a civil fine not to exceed two thousand dollars ($2,000.00), to impose conditions, or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided in this Chapter. H. Notification. If a licensed establishment is cited for a violation of this ordinance, the Chief of Police must provide a letter of notification to the licensee and the City Council through the City Administrator within 30 days after the violation occurred. Regular Penalty Grid: Page 160ft7 City of Centerville Ordinance #13 (Liquor) 08/28102 Type of First Second Third Fourth License Violation Violation Violation Violation On-sale $500 and $1,000 and $2,000 and Intoxicating 5 Days 10 Days 15 Days Revocation Li uor Sus ension Sus ension Sus ension Off-sale $500 and $1,000 and $2,000 and Intoxicating 3 Days 7 Days 12 Days Revocation Li uor Sus ension Sus ension Sus ension On-sale $500 and $1,000 and $2,000 and Beer and 5 Days 10 Days 15 Days Revocation Wine Sus ension Sus ension Sus ension Off-sale $1,000 and $1,500 and $2,000 and 3.2 Malt 10 Days 20 Days 40 Days Revocation Sus ension Sus ension Sus ension Section 29. Effective Date. This ordinance shall be effective immediately upon the date of its publication. Adopted by the City Council of Centerville this 28th day of August, 2002. Tim Swedberg Mayor Attested: Teresa Bender City Clerk Page 170f17 Memo... TO: Honorable Mayor and Council Members FROM: Teresa Bender, City Clerk;(.~. SUBJECT: Co-Interim City Administrators (Mr. Paul Palzer & Ms. Teresa Bender) DATE: April 7, 2005 Subsequent to the resignation of the previous City Administrator, Council motioned at their November 10, 2004 meeting to appoint Co-Interim City Administrators and to compensate those employees for same. See the below motion: Motion by Conncil Member Caora. seconded by Conncil Member Paar to add $4.00 to the City Clerk and Public Works Director's hourly rate to comoensate for the extra resoonsibilitv and duties. Mr. Palzer expressed concern with personnel problems. Council asked that any personnel matters be brought to the attention of the Mayor rather than being handled by the Interim Administrators. The Interim Administrators are to handle day to day operations of the office and public works and delegate tasks as necessary. Council Member Broussard Vickers asked Staff to prepare a memo that spells out the process so that it is clear. Ms. Bender expressed concern with the additional work load as they are already short staffed and behind on projects. Council discussed the hiring of a temporary employee for answering phones and assisting with filing in the office. Council also authorized the Interim Administrators to authorize overtime as necessary but asked that any amounts of 10 hours or more be brought to Council for approval. Council Member Broussard Vickers indicated that she would prefer to see the hourly rate increased by $4.00 or $5.00 to compensate for the extra duties and responsibilities. Council Member Paar indicated that he would like to see at least $4.00. l Council Member Capra accepted the friendly amendment to the motion as did the seconded. VOTE: All in favor. Motion carried unanimouslv. Motion bv Council Member CaRra. seconded bv Council Member Broussard Vickers to direct Staff to hire a temporarv office worker at the discretion of the Interim Mana2ers. All in favor. Motion carried unanimouslv. Mr. Dallas Larson commenced his employment with the City on April 4, 2005 and Council needs to consider motioning for the Co-Interim City Administrators to resume their previous duties and compensation. Mr. Palzer and I would like to acknowledge the team work, patience and hard work that each and every employee has exhibited during this time and without them, serving the City and its citizens to the best of our ability, as a whole, could not have happened. THANK YOU! It has been a pleasure to serve the Council in the capacity of Co-Interim City Administrators and Staff looks forward to working under the leadership of the City Administrator, Mr. Dallas Larson. Mel11o... TO: Honorable Mayor and Council Members FROM: Teresa Bender, City Clerk SUBJECT: Resignation of Council Member Broussard Vickers - Appointment of Council Liaison to Planning and Zoning Commission & Recognition Plaque DATE: April I, 2005 Please remember to appoint a Council member as a liaison to the Commission. Ms. Broussard Vickers has requested that the associated funds that would generally be expended for a plaque, be donated in her name to Parks and Recreation instead. The policy has been that if an individual desires to donate their pay they must sign their check back over to the City. Message Page 1 of 1 Teresa Bender From: 0 Love [d.love.c8lv@statefarm.com] Sent: Monday, April 04, 2005 10:22 AM To: TBender@centervillemn.com Subject: City Council Good Morning: Please accept this e-mail as my official notice of interest in the vacant City Council seat for the City of Centerville. I am a resident of the city living at 1953 Eagle Trl. with a phone number of 429-9999. I am currently serving as a member of the Planning and ZOning Commission and I have a great interest in increasing my involvement in our city's government. Please advise if any further information is needed as a part of this letter of interest. Thank you for your consideration: D. Love 4/4/2005 . TO: Honorable Mayor & City Council Members FROM: Kim Stephan SUBJECT: Parks & Recreation Committee Recommendations DATE: April 7, 2005 Hunters Crossin2 3rd Addition Mr. Rick Carlson asked to make an appearance at the Parks & Recreation Committee Meeting to present his modified proposal for Hunters Crossing 3rd Addition. The original plan was to have 36 homes in the 2nd Addition and 37 homes in the 3rd Addition. The modification will be 44 homes instead of the original 37 homes in the 3rd Addition, due to Mr. Carlson's acquisition of abutting property. The Park Dedication Fees are $3,000 per lot. The existing trail on the west side of the development will be extended per the existing Developer's Agreement for Hunters Crossing 2nd Addition, Phase I. Motion was made by Chairperson Peterson, seconded by Committee Member Peil to recommend to City Council approving Mr. Carlson's proposal as presented. AU in favor. Motion passed unanimously. Mel11o.., TO: Honorable Mayor and Council Members FROM: Teresa Bender, City ClerkA~' SUBJECT: Consumer Confidence Report for 2004 DATE: April 7, 2005 The attached letter from the Minnesota Department of Health outlines the City's requirement for the Consumer Confidence Report for 2004 which is annually placed in the Quad Community Press, City's web site, and previously delivered to individual residences or placed in with their utility bill. This year, the report's availability will be referenced on utility bills, placed in the Quad Community Press, on the City's web site and obtained at City Hall by request. It is anticipated that the Public Works Department would be completing this report by June 1, 2005. Protecting, maintaining and improving the health of aU Minnesotans April 4, 2005 PWSID: 1020036 Centerville City Council clo City Clerk Centerville City Hall 1880 Main Street Centerville, Minnesota 55038 RECEIVED M'R 0 4 2005 Dear Council Members: All community water systems must distribute an annual Drinking Water Report, officially known as a Consumer Confidence Report, to their customers. The deadline for the completion and delivery of the report is July 1. The basic information required in the report includes the source of the system's drinking water, any monitoring results that showed detections for the previous calendar year including violations if any, compliance information, and standard language required by the U. S. Environmental Protection Agency. (Note: If information you have compiled differs from what is indicated on the report sent to your water superintendent, please call 1-800-818-9318.) We have sent a packet to your water superintendent that includes a report with most of the required information, and also a Certification of Completion form. It is your responsibility to ensure that the report is produced and distributed and that the completed certification form, along with a copy of the report, is returned to the Minnesota Department of Health by July 1, 2005. While the report sent to your superintendent contains most of the information needed, it will be necessary to add a name and phone number for customers with questions or requests for additional information. There may be other places on the report where additional information is required. These areas have been noted with gray-shaded areas. It may be in your best interest to include even more information, beyond what is required by the rule, in the report. Keep in mind that all the information in the Minnesota Department of Health (MDH) report must be included in a reformatted report. Additional information may be added, but everything from the MDH report must be included. This could include a description of your treatment processes and any upgrades that are planned for your water system. The report requires detection information only on primary contaminants, but it may be wise to address contaminants that are causing aesthetic problems with your water. If you have detectable levels of secondary contaminants, your customers may have a greater concern about them than about those that can bring about adverse health effects. Rather than ignore this issue, you may want to address it and point out that the iron, manganese, etc., are not causing any adverse health effects even though they may be making the water look, taste, and/or smell bad. Also, for systems that serve a population that contains a significant number of people who do not speak English, please consider including one or more of the statements below in the report. (The statement says, "This report contains very important information. Translate or ask someone who understands it") Spanish: InformaciOn importante. Si no la entiende, haga que alguien se la traduzca ahora. Hmong: Nov yog ntaub ntawv tseem ceeb. Yog koy tsi to taub, nrhiav neeg pab txhais rau koh kom sai sai. Distribution: You have two options in distributing the report: General Information: (651) 215-5800 · TDDITYY: (651) 215.8980 . Minnesota Relay Service: (800) 627-3529 · www.health.state.mn.us For directions to any of the MDH locations, call (651) 215-5800 . An equal opportunjty employer Centerville City Council 2 April 4, 2005 PWSID: 1020036 . You can distribute a copy of the report to all of your customers by mail or other means. Efforts must be made to get the reports to actual customers rather than to just the billing customer. One method is to mail the report to all postal patrons within the service area using a "Simplified Address"; check with your post office about this. Other options include publicizing the availability of the report through the media, delivering multiple copies for distribution by single-biller customers such as apartment buildings or large private employers, and posting the report on the internet. . You can also satisfy the distribution requirement by publishing the report in one or more local newspapers serving your service area and inform your customers that the report will not be mailed to them but is available upon request. If you use this option, the entire report must be published (not just a summary), and you must send a copy or clipping of the newspaper report, along with the Certification of Completion form. A copy of the completed report must be submitted to the MDH, along with a Certification of Completion form certifying that the information in the report is accurate and that the required distribution to customers was completed. You must also retain a copy of the report for at least three years. Failure to produce and distribute a report as required--as well as failure to submit the required documentation to MDH by July 1, 2005--may result in enforcement actions, Including fines, from the U. S. Environmental Protection Agency and/or the Minnesota Department of Health. If you have any questions, please call 1-800-818-9318. Sincerely, ~ Richard D. Clark, P.E., Supervisor Community Public Water Supply Unit Environmental Health Division P.O. Box 64975 St. Paul, Minnesota 55164-0975 RDC:kr '- . 2005 MONTHLY CASH/GENERAL lEDGER BALANCE RECONCiliATIONS 2005 Interest 1/31/2005 2/28/2005 3/31/2005 Balik Checkin9 Statement Balance $ 1,254.403.98 $ 1,068,008.21 $ 962,593.95 Outstanding Deposits $ $ 0.30 $ Outstandin9 Checks $ (163,390.11) $ (61,037.42) $ (5,085.89) Monthly Interest $ 4,316.75 $ 1,537.02 $ 1,241.04 $ 1,538.69 Net Checking Account Balance $ 1,091,013.87 $ 1,006,971.09 $ 957,508.06 Investments Mainstreet Bank Flex CD Beginning $ 1,052,365.39 $ 1,062,365.39 $ 1,052,365.39 Other Tansactions $ $ $ Monthly Interest $ 4,957.36 $ $ $ 4,957.36 Ending Balance $ 1,052,365.39 $ 1,052,365.39 $ 1,057,322.75 Mainstreet Bank CD's Beginning $ 3,655,197.16 $ 3,664,226.72 $ 3,670,457.93 300195 $ 110,616.38 $ 110,616.38 $ 110,616.38 300197 $ 218,778.58 $ 218,778.58 $ 218,778.58 300209 $ 159,731.19 $ 159,731.19 $ 159,731.19 300259 $ 160,045.96 $ 160,045.96 $ 161,328.52 300265 $ 213,394.60 $ 213,394.60 $ 215,104.68 300266 $ 161,642.60 $ 161,642.60 $ 163,137.24 300273 $ 106,697.29 $ 106,697.29 $ 107,552.33 300348 $ 210,594.29 $ 210,594.29 $ 210,594.29 300561 $ 103,813.63 $ 103,813.63 $ 104,773.55 300562 $ 102,530.51 $ 102,530.51 $ 103,162.55 300566 $ 256,326.28 $ 256,326.28 $ 257,906.37 300583 $ 102,224.33 $ 102,224.33 $ 102,778.86 300584 $ 102,530.51 $ 102,530.51 $ 103,162.55 300587 $ 102,224.33 $ 102,224.33 $ 102,778.86 300680 $ 101,842.01 $ 101,842.01 $ 102,452.23 300704 $ 154,508.46 $ 154,508.46 $ 156,013.33 300705 $ 152,900.35 $ 152,900.35 $ 153,861.74 300733 $ 114,755.17 $ 114,755.17 $ 114,755.17 300769 $ 202,761.91 $ 204,157.13 $ 204,157.13 300876 $ 217,114.74 $ 217,114.74 $ 217,114.74 300923 $ 300,000.00 $ 302,903.67 $ 302,903.67 300970 $ 101,933.15 $ 102,899.31 $ 102,899.31 300971 $ 101,933.15 $ 102,899.31 $ 102,899.31 301011 $ 105,327.30 $ 105,327.30 $ 106,301.22 Other Transactions $ $ Monthly Interest $ 29,566.64 $ 9,029.56 $ 6,231.21 $ 14,305.87 Ending Balance $ 3,664,226.72 $ 3,670,457.93 $ 3,684,763.80 Mainstreet Bank. Subtotal $ 5,807.605.98 $ 5,729,794.41 $ 5,699,594.61 2005 MONTHLY CASH/GENERAL LEDGER BALANCE RECONCILIATIONS 2005 Interest 1/31/2005 2/28/2005 3/31/2005 US Bank Beginning $ $ $ Other Transactions Monthly Interest $ $ $ $ Ending Balance $ $ $ US Bank - Subtotal $ $ $ MBIA4M Fund Beginning $ 5,112.95 $ 5,120.88 $ Other Transactions $ (5,123.92) Monthly Interest $ 10.97 $ 7.93 $ 3.04 $ Ending Balance $ 5,120.88 $ 0.00 $ MBIA 4M Fund - Subtotal $ 5,120.88 $ 0.00 $ Smith Barney Money Fund Beginning $ 41,797.01 $ 43,740.44 $ 50,188.91 Monthly Adjustments $ 19,396.37 $ 1,943.43 $ 6,448.47 $ 11,004.47 other Transactions $ $ $ Ending Balance $ 43,740.44 $ 50,188.91 $ 61,193.38 Smith Barney Gov1 Bonds Beginning $ 1,870,493.16 $ 1,870,493.16 $ 1,870,493.16 FHLB OTD 9/29/03 $ 100,000.00 $ 100,000.00 $ 100,000.00 FHLB OTD 6/30103 $ 100,411.37 $ 100,411.37 $ 100,411.37 FHLMC DTD 8/14/03 $ 150,000.00 $ 150,000.00 $ 150,000.00 FHLMC OTD 6/30103 $ 99,750.00 $ 99,750.00 $ 99,750.00 FNMA DTD 2/7/03 $ 205,000.00 $ 205,000.00 $ 205,000.00 FNMA OTD 3/30104 $ 100,000.12 $ 100,000.12 $ 100,000.12 FNMA OTD 4/8/04 $ 200,394.17 $ 200,394.17 $ 200,394.17 FHLB OTD 4/19/04 $ 250,000.00 $ 250,000.00 $ 250,000.00 FHLM OTD 11/28/03 $ 100,000.00 $ 100,000.00 $ 100,000.00 FHLM OTD 3/25/04 $ 150,000.00 $ 150,000.00 $ 150,000.00 FHLM OTD 3/17/04 $ 99,937.50 $ 99,937.50 $ 99,937.50 FHLM OTD 3/24/04 $ 150,000.00 $ 150,000.00 $ 150,000.00 FHLM OTD 2/27/03 $ 165,000.00 $ 165,000.00 $ 165,000.00 Other Transactions $ Monthly Adjustments $ $ $ $ Ending Balance $ 1,870,493.16 $ 1,870,493.16 $ 1,870,493.16 Smith Barney CD's Beginning $ 577,100.00 $ 577,100.00 $ 577,100.00 Direct Merchants Bank $ 100,000.00 $ 100,000.00 $ 100,000.00 Capitol One Bank $ 100,000.00 $ 100,000.00 $ 100,000.00 Hemisphere Nall Bank $ 96,000.00 $ 96,000.00 $ 96,000.00 Lehman Brothers Bank $ 96,000.00 $ 96,000.00 $ 96,000.00 CIB Bank $ 89,100.00 $ 89,100.00 $ 89,100.00 Compass Bank $ 96,000.00 $ 96,000.00 $ 96,000.00 other Transactions Monthly Adjustments $ $ $ $ Ending Balance $ 577,100.00 $ 577,100.00 $ 577,100.00 Smith Barney - Subtotal $ 2,491,333.60 $ 2,497,782.07 $ 2,508,786.54 Total Cash/Investments Per Statement $ 8,304,060.46 $ 8,227,576.48 $ 8,208,381.15 General Ledger Cash Balance $ 8,304,060.46 $ 8,227,576.48 $ 8,208,381.15 Total Monthly Interest $ 58,248.09 $ 12,517.94 $ 13,923.76 $ 31,806.39 CITY OF CENTERVILLE 04/06/05 8:20 AM Page 1 Cash Balances Current Period: MARCH 2005 MTD MTD Current FUND Oeser Account Debit Credit Balance Cash GENERAL FUND G 101-10100 $222,808.02 S183,488.52 $1,253,148.93 MOUND TRAIL DEBT SERVICE G 306-10100 $0.00 SO.OO S21,933.00 21ST AVE IMP DEBT SERVICE G 308-10100 SO.OO $0.00 $38,629.60 MUNI STREET IMP DEBT SERVICE G 312-10100 $1,367.99 $402.50 $301,634.69 IND PARK TIF 1-4 DEBT SERV G 317-10100 $0.00 $0.00 -$7,068.16 PARKVIEW DEVELOPMENT DEBT SERV G 324-10100 $1,025.98 $175.00 $242,493.17 ELEM WATER MAIN EXT DEBT SERV G 325-10100 $0.00 $0.00 S1,183.17 G.O. Bond Pheasant I 2001 G 327-10100 $2,052.00 SO.OO $461,387.74 G.O. Bond Hunters Crossing l G 336-10100 $683.98 $345.00 $142,433.72 PHEASANT MARSH II G.O. 2002 G 342-10100 $3,078.01 $0.00 $775,339.85 PEL TIER PRESERVE DEBT SERVICE G 345-10100 $5,273.89 $0.00 $397,804.49 Hunters Crossing II G.O. Bond G 346-10100 $1,025.98 $6,825.00 $248,851.64 PARK CAPITAL PROJECT G 402-10100 S 1 ,367.99 $0.00 $319,705.71 21ST AVENUE IMPROVEMENTS G 408-10100 SO.OO $0.00 -S184.00 MUNI STREET CAPITAL PROJECT G 412-10100 $0.00 $2,519.33 $249,070.88 PEDESTRIAN TRAIL WAYS G 414-10100 $0.00 $0.00 $12,500,00 STORM WATER IMP PROJECTS G 415-10100 $1,777.84 $57,583.48 $231,776.78 BUECHLER ESTATES DEVELOPMENT G 430-10100 $0.00 $0.00 -$1,260.82 PHEASANT MARSH G 438-10100 $683.98 $0.00 $157,640.16 THE SHORES G 440-10100 $0.00 $240.00 -$251.48 EAGLE PASS 2ND ADDN G 441-10100 $341.97 $0.00 $56,370.99 PHEASANT MARSH II G 442-10100 $341.97 SO.OO S56,939.96 PHEASANT MARSH III G 443-10100 SO.OO S72.00 $8,788.60 PEL TIER PRESERVE PROJECT G 445-10100 $1,025.98 $430.50 $161,480.70 HUNTERS CROSSING PHASE II G 446-10100 $341.97 $0.00 $130,143.32 CENTERVILLE TOWN OFFICE PARK G 447-10100 $0.00 $60.00 $8,437.00 WATER FUND G 601.10100 $13,116.28 $30,874.80 $769,712.75 SEWER FUND G 602-10100 $26,353.51 $18,540.88 $2,150,782.01 CABLE TV FUND G 614-10100 $0.00 $305.66 $18,956.75 Total Cash $282,667.34 $301,862.67 $8,208,381.15 Grand Total $282,667.34 $301,862.67 $8,208,381.15 ~-- CITY OF CENTERVILLE *Revenue Summary 04/06/05 11 :22 AM Page 1 2005 YTD MARCH 2005 2005 YTD % FUND Description Budget Amt Amt Balance of Budget 101 GENERAL FUND $2,148,000.00 $188,913.66 $270,589.78 $1,877,410.22 12.60% 304 87 STREET REASS DEBT SER $0.00 $0.00 $0.00 $0.00 0.00% 306 MOUND TRAIL DEBT SERVICE $0.00 $0.00 $0.00 $0.00 0.00% 308 21 ST AVE IMP DEBT SERVICE $0.00 $0.00 $0.00 $0.00 0.00% 309 JOINT POLICE STATION 2005A $0.00 $0.00 $0.00 $0.00 0.00% 312 MUNI STREET IMP DEBT SER $0.00 $1,367.99 $49,655.82 -$49,655.82 0.00% 315 CITY HALL DEBT SERVICE $0.00 $0.00 $0.00 $0.00 0.00% 317 IND PARK TIF 1-4 DEBT SERV $25,000.00 $0.00 $87.95 $24,912.05 0.35% 324 PARKVIEW DEVELOPMENT 0 $19,000.00 $1,025.98 $1,878.81 $17,121.19 9.89% 325 ELEM WATER MAIN EXT DEBT $0.00 $0.00 $262.30 -$262.30 0.00% 327 G.O. Bond Pheasant I 2001 $12,000.00 $2,052.00 $3,757.70 $8,242.30 31.31% 336 G.O. Bond Hunters Crossing I $6,000.00 $883.98 $1,252.52 $4,747.48 20.88% 339 CSAH 14 WATERMAIN $0.00 $0.00 $0.00 $0.00 0.00% 342 PHEASANT MARSH" G.O. 200 $255,000.00 $3,078.01 $5,636.56 $249,363.44 2.21% 345 PEL TIER PRESERVE DEBT SE $53,000.00 $5,273.89 $29,102.31 $23,897.69 54.91% 346 Hunters CrosSing II G.O. Bond $0.00 $1,025.98 $1,878.81 -$1,878.81 0.00% 402 PARK CAPITAL PROJECT $50,000.00 $1,367.99 $2,545.09 $47,454.91 5.09% 404 TIF CAPITAL PROJECT $0.00 $0.00 $0.00 $0.00 0.00% 408 21ST AVENUE IMPROVEMENT $0.00 $0.00 $0.00 $0.00 0.00% 412 MUNI STREET CAPITAL PROJ $0.00 $0.00 $0.00 $0.00 0.00% 414 PEDESTRIAN TRAIL WAYS $2,000.00 $0.00 $0.00 $2,000.00 0.00% 415 STORM WATER IMP PROJECT $44,000.00 $1,777.84 $10,532.76 $33,467.24 23.94% 424 PARKVIEW DEVELOPMENT $0.00 $0.00 $0.00 $0.00 0.00% 436 HUNTER'S CROSSING $0.00 $0.00 $0.00 $0.00 0.00% 437 DOWNTOWN REDEVELOPME $0.00 $0.00 $0.00 $0.00 0.00% 438 PHEASANT MARSH $0.00 $683.98 $1,252.52 -$1,252.52 0.00% 440 THE SHORES $0.00 $0.00 $0.00 $0.00 0.00% 441 EAGLE PASS 2ND ADDN $0.00 $341.97 $626.22 -$626.22 0.00% 442 PHEASANT MARSH II $0.00 $341.97 $626.22 -$626.22 0.00% 443 PHEASANT MARSH III $11,000.00 $0.00 $0.00 $11,000.00 0.00% 445 PEL TIER PRESERVE PROJEC $1,000.00 $1,025.98 $1,878.81 -$878.81 187.98% 446 HUNTERS CROSSING PHASE I $1,000.00 $341.97 $12,946.22 -$11,946.22 1294.62% 447 CENTERVlLLE TOWN OFFICE $0.00 $0.00 $5,484.00 -$5,484.00 0.00% 601 WATER FUND $310,000.00 $13,114.95 $63,377.96 $246,622.04 20.44% 602 SEWER FUND $386,500.00 $20,611.51 $91,393.35 $295,106.65 23.65% 614 CABLE TV FUND $200.00 $0.00 $4,160.15 -$3,960.15 2080.08% 617 RECYCLING $0.00 $0.00 $0.00 $0.00 0.00% 619 SAVINGS & CD INTEREST $0.00 $0.00 $0.00 $0.00 0.00% 620 ECONOMIC DEV. FUND $0.00 $0.00 $0.00 $0.00 0.00% 622 GAMBLING REVENUE $0.00 $0.00 $0.00 $0.00 0.00% $3,323,700.00 $243,029.65 $558,925.86 $2,784,774.14 16.82% CITY OF CENTERVILLE *Expenditure Summary 04/06/0511:21 AM Page 1 2005 YTD MARCH 2005 2005 Ene % FUND Description Budge! Ani! YTD Am! Current Balance of Budge! 101 GENERAl FUND $2,148,000.00 $167,404.41 $384,336.06 $0.00 $1,763,663.94 17.89% 304 87 STREET REASS DEBT SER $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 309 JOINT POLICE STATION 200SA $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 312 MUNI STREET IMP DEBT SER $99,041.67 $402.50 $56,769.17 $0.00 $42,272.50 57.32% 315 CITY HALL DEBT SERVICE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 317 IND PARK TIF 1-4 DEBT SERV $25,000.00 $0.00 $473.42 $0.00 $24,526.58 1.89% 324 PARKVIEW DEVELOPMENT D $61,820.00 $175.00 $68,004.00 $0.00 -$6,184.00 110.00% 325 HEM WATER MAIN EXT DEBT $51,405.00 $0.00 $0.00 $0.00 $51,405.00 0.00% 327 G.O. Bond Pheasant I 2001 $115,465.00 $0.00 $98,172.50 $0.00 $17,292.50 85.02% 336 G.O. Bond Hunters CrOSSing I $15,435.00 $345.00 $12,947.50 $0.00 $2,487.50 83.88% 339 CSAH 14 WATERMAIN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 342 PHEASANT MARSH II G.O. 200 $21,945.00 $0.00 $66,185.00 $0.00 -$44,240.00 301.59% 345 PEL TIER PRESERVE DEBT SE $11,450.00 $0.00 $5,550.00 $0.00 $5,900.00 48.47% 346 Hunters Crossing II G.O. Bond $13,650.00 $6,825.00 $6,825.00 $0.00 $6,825.00 50.00% 402 PARK CAPITAL PROJECT $10,000.00 $0.00 $0.00 $0.00 $10,000.00 0.00% 403 FIRE EQUIPMENT DEPRECIA T $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 404 TIF CAPITAL PROJECT $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 408 21ST AVENUE IMPROVEMENT $0.00 $0.00 $184.00 $0.00 -$184.00 0.00% 412 MUNI STREET CAPITAL PROJ $0.00 $2,519.33 $83,471.69 $0.00 -$83,471.69 0.00% 414 PEDESTRIAN TRAIL WAYS $2,000.00 $0.00 $0.00 $0.00 $2,000.00 0.00% 415 STORM WATER IMP PROJECT $54,644.00 $57,583.48 $69,592.21 $0.00 -$14,948.21 127.36% 420 EAGLE PASS IMP PROJECT $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 421 LAKELAND HILLS IMP PROJ $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 430 BUECHLER ESTATES DEVELO $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 436 HUNTERS CROSSING $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 437 DOWNTOWN REDEVELOPME $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 438 PHEASANT MARSH $500,000.00 $0.00 $0.00 $0.00 $500,000.00 0.00% 439 CSAH 14 WATERMAIN EXT. $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 440 THE SHORES $0.00 $240.00 $297.00 $0.00 -$297.00 0.00% 441 EAGLE PASS 2ND ADDN $0.00 $0.00 $290.24 $0.00 -$290.24 0.00% 442 PHEASANT MARSH II $0.00 $0.00 $788.00 $0.00 -$788.00 0.00% 443 PHEASANT MARSH III $0.00 $72.00 $189.00 $0.00 -$189.00 0.00% 445 PEL TIER PRESERVE PROJEC $500,500.00 $430.50 $60,357.41 $0.00 $440,142.59 12.06% 446 HUNTERS CROSSING PHASE I $0.00 $0.00 $55,607.89 $0.00 -$55,607.89 0.00% 447 CENTERVlLLE TOWN OFFICE $0.00 $60.00 $60.00 $0.00 -$60.00 0.00% 601 WATER FUND $848,516.25 $30,874.80 $152,050.95 $0.00 $696,465.30 17.92% 602 SEWER FUND $294,936.25 $18,540.88 $105,243.07 $0.00 $189,693.18 35.68% 614 CABLE TV FUND $2,490.00 $305.66 $676.67 $0.00 $1,813.33 27.18% 617 RECYCLING $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 618 CITY CELEBRATION $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 619 SAVINGS & CD INTEREST $0.00 $0.00 $0.00 $0.00 $0.00 0.00% $4,776,298.17 $285,778.56 $1,228,070.78 $0.00 $3,548,227.39 25.71% , ','. , Centetyille Park and Recreation Funds and Budget February 28, 2005 Cash and Investments The Shores $ 20,000 Pheasant Marsh I $ 39,600 Woods of Clearwater Creek $ 7,500 Pheasant Marsh II $ 54,000 Peltier Preserve $ 57,000 Hunters Crossing II $ 108,000 Lions Shave the Mayor $ 500 Andre Ziegier $ 120 Lions GalllbHng Donation (for warming house) $ 25,229 Dead Broke Saddle Club (over purchase of bike racks 500->561) $ (61) Spring Lake Park Lions (Bleacher overpurchase 1000->1070) $ (70) Bonestroo Donation $ 250 2004 Sping Lake Park Donation $ 500 2004 Dead Broke Saddle Club Donation $ 1,500 Interest on Investments $ 4,270 Total Cash and Investments $ 318,338 Assets, Current Cash and Investment (from above) $ 318,338 Sedona Homes Park Dedication $ 3,800 Trail fund (from Shores Dev) $ 12,500 Total Current Assets $ 334,438 Liabilities, Current Parking lot for Lamotte Park (completed 2004) Due to GF $ 52,519 Warming House (roof and interior paint done 2004) Due to GF $ 4,256 Skate ParkfTrail (completed 2004) Due to GF $ 8,625 Total Current Liabilities $ 65,400 Fund Balance, Current $ 269,038 Assets, Projected Receivable: Pheasant III (approvai expected 2006-2007) $ 84,000 Receivable: Sedona Homes (expected 2005) $ 2,400 Receivable: Downtown Redevelopment (expected 2007-2008) $ 108,000 Receivable: Hunters III (approval expected 2005) $ 129,000 Total Projected Assets $ 323,400 Liabilities, Projected St Pau I Water Property on Centerville Lake - 2005 (1) $ 280,000 Parking lot for Lamotte Park (complete 2005) $ 18,000 Additional Skate Park Equipment (chairitable gambling funds) $ 3,000 Redesign McBride Park $ 25,000 Royal Meadows Renewal $ 1,000 Lights for 2nd skate rink $ 1,000 Lamotte Road Class 5 Trail (2004-2005) $ 4,000 Trail from Meadow Lane to Lamotte Park ? Trail from Chauncy Barrott to Lamotte Parking Lot ? Warming House Improvements ? Clearwater Trail exposure (50-50 grant application) $ 100,000 Total Projected Liabilities $ 432,000 Total - All Assets $ 592,438 Total - All Liabilities $ 497,400 Total- All Fund Balance $ 95,037 (1) Grant funds have been requested to fund 50% of the property acquisition I I I I I I I I I ~ I I I I """ I I I I I I ~ A COMPLETE SELF-CONTAINED APPRAISAL OF Lakeshore Building Site - Centerville lake LOCATED AT 1601 lamotte Dr NE Centerville, MN 55038 FOR John W. Meyer Finance Director City of Centerville 1880 Main Street Centerville, MN 55038 AS OF March 15, 2005 BY Dwight W. Dahlen, MAl, SRA DAHLEN, DWYER & FOLEY INC. 55 E. 5th Street; Suite 1350 St. Paul, MN 55101 Dahlen, Dwyer, '3? Foley, Inc. , t I I I I I I I I I I I I I I I I I I I EXECUTIVE SUMMARY Brief Description: Lakeshore building site on the southeast side of Centerville Lake Address: 1601 Lamotte Dr, Centerville , MN 55038 Fee Owner: City of St. Paul, Board of Water Commissioners Parcel 10#: Part of 22-31-22-41-0002 Zoning: Centerville: P-l, Public\lnstitutional Lino Lakes: R- 1, Single Family Land Size: Total Ownership Larger Parcel Subject Acquisition 69,552 SF 23,184 SF 23,184 SF Highest & Best Use: 1 Lakeshore building site Estimated Market Value: $280,000 Effective Date of Appraisal: March 15, 2005 Report Format/Content: Complete/Self-Contained Standards: USPAP, UASFLA Appraiser: Dwight W. Dahlen, MAl SRA DAHLEN, DWYER & FOLEY, INC. 55E. 5th Street; Suite 1350 St. Paul, MN 55101 (651) 224-1381 Dahlen, Dwyer, '&> Foley, Inc. -1- Page 1 of 1 Teresa Bender From: Vanessa Moore (nabiya1924@hotmail.com] Sent: Wednesday, April 06, 2005 9:17 AM To: TBender@centelVillemn.com Subject: New Reporter Good Morning Teresa, rm sony to say that I won't be 1he reporter covering Centerville anymore. I have had to give up my job wi1h 1he Neighborhood News in favor of a full-time office job wi1h benefits. However, I am leaving your city in 1he capable hands of Ed Day. He is a very good reporter. I have worked wi1h him at o1her publications and know he is a very 1horough writer. His email address ed~hotmaiLcQm. I enjoyed covering your city very much, and I look forward to reading about your progress. Vanessa Moore 4/6/2005 Mell1o... TO: Honorable Mayor & City Council Members FROM: Kim Stepban SUBJECT: Business Appreciation BBQ DATE: April 6, 2005 Business Aooreciation DBO Postcards were sent out with the following invitation: ******* You Are Invited To the EDC Annual Business Appreciation Old Fashion Cook-Out Who should attend? All business owners, council members, award nominees, and new business representatives. This event is sponsored by the EDC to provide social opportunity to network with your peers and to raise awareness of the new businesses in Centerville. When: Tuesday, May 10, 2005 Where: Centerville City Hall TIme: 5;30 PM - 8:00 PM .. NOTE; Guest Speaker at 6:30 PM Menu: Chicken, hamburgers, brats, salads, fresh fruit & vegetables and desserts. Cost: Your RSVP is your ticket for dinner. Call us at 651-429-3232 or e-mail (kstephan@centerviUemn.com) to confinn your presence. ******* To: Anoka County Sheriff, Water Patrol Officer From: Wayne LeBlanc CC: Lino Lakes, Centerville, MCEA, Conservation Officer, Anoka Parks Director, Commissioner Rhonda Sivarajah Date: March 28, 2005 Subject: Please Deny Pennit for Slalom Water-ski Course on Peltier Lake Due to obstruction of the normal use of Peltier Lake and due to the irresponsibility of the permit holder and ski partner who use it, please do NOT issue a slalom water-ski course pennit to Gerald Lindner or Paul Dentz on Peltier Lake. If a permit has already been granted, please revoke it. These are essentially the only two people who use the ski-course. The rest of the people on Peltier Lake do NOT use the ski course. Hundreds oflake users are affected by 2 people. A permit was granted for the years 2001 through 2004 and that whole east area of Peltier Lake has subsequently been unavailable to anyone else for 4 years! (This area is the only place where I personally have ever caught a walleye.) See also Exhibit 1. Lakeshore owners explicitly do NOT give permission for the slalom water-ski course. Exhibit 2 is a copy of the permit application cover sheet. It explains the applicant must obtain letters of permission where the stnicture will be located. It also explains there must be letters from the muhicipality (or muhicipalities presumably) in.which ii'ls located. You now have before you, the equivalent of 19 letters AGAINST the permit for the slalom water-ski course on Peltier Lake. Exhibit 3 is a list of people with shoreline property where the boat runs. The course is right in front of Mr. James Salo's house and he explicitly does NOT give his permission. Exhibit 4 is a list of people living on the lake, some of whom have the boat traveling in front of them. They do NOT give permission. And Exhibit 5 is a list of fishermen who are unable to fish in the area of the ski course and they are_AGAINST the ski-course. I watched very carefully how Gerald Lindner and Paul Dentz used the ski course in 2004. Exhibit 1 shows the relative position of the ski course and the relative size of the impact and how it affects others. In fact, they typically ski beyond the shaded area in the diagram going all the way to the north boundary of the no-wake zone line and on the south they curve west and go another 500 feet or so beyond the shading. The shading shows roughly how much of the lake is occupied by their aggressive activity. It is an aggressive activity because it basically blows away all other activities such as fishing, sailing, and canoeing. I estimate they typically use about 2,500 feet of the lake. They could probably use less, but they don't. It looks like they are trying to show everyone this is "their" area and for others to keep out. These are supposed to be public waters available to anvone. but thev are not. On August 30, 2002, I paid to have the sheriffs folder of information on the water-ski course duplicated. In looking through that folder, I did not see any letters of permission from lakeshore owners. I did not see letters of permission from both Lino Lakes and Centerville (the ski-course impact extends into both communities). I did not see any of a number ofletters that should have been in that folder (more on that later). I did see a letter stating a Peltier Lake Ass(jciation Newsletter was unlawful. Why would that damaging statement be in this folder? I am the Chainnan of the Asso.ciation and I am not aware of any unlawful statements in the newsletters. (More on that later.) Did Gerald Lmdner makes these (false) accusations? Did Gerald Lindner exert some kind of pressure to get his permits? The lake has been environmentally damaged. Their behavior is irresponsible (more on that later). How can anyone justify giving away 2,500 feet (about 20%) of Peltier Lake to two irresponsible people for their private use when there are hundreds of fishermen and other users of the lake who are deprived of their right to use those public waters? Please notify me bv April 8. in writing. what the decision is regarding a Permit for the ski-course. OPTION I: If a Permit will not be issued. iust a statement about that is all that is sufficient. Ootion 2 is unnecessary. OPTION 2: However. if. despite all the data presented here. a ski-course Permit will be issued anvwav. then. with all due resoect. I have two other reQuests. please: A. Please send me 8 applications. bv April 8. 2005. for Permits for structures to be put in Peltier Lake. This wav. I can consider applving for a Permit for thousands of feet of Peltier Lake for mv particular activities and get it in at the same time Gerald Lindner might put his in Peltier Lake. In 2004. he put his ski course in the lake onAnri115. iust after ice out. Others mav be interested in applying for space for their own activities as well. B. In addition. please read all the detailed information below and answer all questions that are underlined. I hope Peltier Lake will be returned to the public this year. Please also put this information in your folder. Thank you. Wayne LeBlanc, 1677 Peltier Lake Drive, Centerville, MN 55038, 651-635-6519 (day time phone) Exhibit 1 Estimated Slalt,)m Wahlr Ski Course Implu:ts On Peltier Lake t~ Slalom weter ski -course size to lIcele I 1150' buffer I I COUlSe I I 2 turn arounds Smallest version of official sllllom water ski course 2,320' X 44B' {largest is about 2,580' x No-Wilke lone 1000 Feet DETAILS Here is a rough chronological history of events surrounding this issue. In 1998, Gerald Lindner and Paul Dentz setup a slalom water-ski course right next to the great blue heron and black-crowned night heron rookery in Peltier Lake. The herons seemed to be disturbed by this activity and the numbers ofherons seemed down. On Feb 23, 1999, Carol Fritchie wrote a letter, Exhibit 6, expressing her concern for the environment. Many others including myself were concerned for the environment. This letter is in the sheriff's folder. On April 27, 1999, the Peltier Lake Association asked experts and community leaders to attend a meeting to decide a course of action. In attendance were: Minnesota DNR Wildlife expert Joan Galli, Anoka County Parks Natural Resources Specialist Jeff Perry, Anoka County Sheriff Bruce Andersohn, Anoka County Parks Operations Manager Jon Oyanagi, city of Centerville administrator Jim March, city ofLino Lakes representative Kim Sullivan, ski course people Gerald Lindner and Paul Dentz, Chainnan of the Peltier Lake Association Wayne LeBlanc, and many others (see the sign in signature list Exhibit 7). The wildlife and naturalist experts explained the sensitivity of the area around the island, the sensitivity of the birds, the rare plants and the sensitive lake environment. After about 2 hours of discussion, everyone agreed that water skiing should be done south of the island. There would be no waterskiing near the island or north of the island.TPe two slalom water-ski course people insisted the agreement be informal. They did not want to see a formal ordinance, for instance. Everyone said okay. Nobody objected. This meeting was documented in at least 2 Peltier Lake Association Newsletters and in a detailed letter from Anoka County Parks Operations Manager, Jon Oyanagi. See Exhibit 8. The city of Centerville wrote a letter, Exhibit 9, opposing a ski course and asked to be kept informed of any ski course applications. The DNR wrote a similar letter, Exhibit 10. Both the Centerville and DNR letters are in the sheriff's folder. Ouestion 1; Whv doesn't the letter from Anoka County Parks Operations Manager. Jon Ovanam. Exhibit 8. .apoear in the sheriff's folder? Look at Exhibit 8. A coov was sent to Sheriff Bruce Andersohn. In addition. Sheriff Bruce Andersohn was at the meeting. The meeting of April 27. 1999. set the management oolicv for the north Dart of Peltier Lake. It was a very imoortant meeting with state. countv. city. and local reoresentation. Ouestion 2: I wrote letters to the sheriff against the ski course. Neighbors wrote letters a~inst the ski course. I've been told the Lino Lakes Environmental Committee reiected reauests on the ski course. I've been told Anoka Parks reiected reauests on the ski course. Whv don't anv of those letters or documentation about those resoonses aopear in the sheriff's folder? Incredibly, in 200 I, the slalom water-ski course was again in use, but it was rigged to submerge when not in use, to keep it hidden from view. The course was also used in 2000 but it is so isolated and wild north of the island that nobody noticed. (The herons first left in 2000. Was this a coincidence or the reason they left?) When I found Gerald Lindner and Paul Dentz in their ski course north of the island right next to the great blue heron rookery on July 7, 2001, they said they could do anything they wanted and flatly refused to stop using the course. When I asked about the agreement they said they never made any agreement. They also said, and I remember the words exactly, "The herons are fine." I said look around. There wasn't a single heron to be seen anywhere. The herons are normally thick in back (north) of the island. There used to be thousands of herons on the island. (Now there are only a few hundred.) Virtually nobody went back there - until these 2 people invaded the area. In fact, the herons had basically abandoned already. They obviously couldn't even tell the herons were gone. The meeting with the experts obviously didn't mean a thing to Gerald Lindner and Paul Dentz and the insistence on an informal agreement seemed to be a trick. The March 2002 issue ofthe The Hugonian newspaper reported the attitude of the ski course owner, Gerald Lindner, ".. .moving the slalom course isn't an option." Gerald Lindner insisted on putting his ski course in an area that results in damage to the lake and the environment. The fact that there was an agreement against that with state, county, and many others present meant nothing. There is a lot more that can be said about the environmental damage, but that will be referenced later. I started to ask people around the lake about the ski course and what the agreement meant. I don't know how to say exactly what happened next as it is so outrageous, but I'll just say it. Someone must have told the Lindners that I was asking questions. On July 10, 2001, at 9:05pm, Gerald Lindner and Cindy Lindner came to the door of my house, rang the doorbell, and then began reading a prepared script. They said they were suing me and the Lake Association was in the wrong too. Presumably it was being sued too. I better stay away from their ski course. They were basically saying that they were going to tie me up in court for years and take as much of my money as possible unless I shut up about their ski course. At the same time they were standing there threatening and intimidating me and my family, they had an illegal ski course (no permit) north of the island in native aquatic plants in shallow sensitive waters next to a heron rookery that was known to be in trouble because of abandonment, and there was an agreement against it. What's wrong with this picture? It was clear I could no longer talk to people on the lake. I took these statements very seriously and me and my family was very distressed. I called the sheriff to try to get the illegal ski course removed. Because the ski course was rigged to submerge when not in use, it may have been difficult to find. I called the sheriff numerous times but received essentially no feedback on actions taken. The ski course was used the whole year without restriction as far as I could tell. The records show that on August 28, 200 I, a permit was issued for the ski course to exist in the sensitive north area, see Exhibit 11. The agreement apparently meant nothing to the water patrol officer (even though a sheriff was at the agreement meeting). Question 3: Was Gerald Lindner ever fined or punished in any wav for his illegal ski course in 2001? Question 4: Whv were Gerald Lindner and Paul Dentz allowed to use the ski course from Julv 7. 2001 throul!hAugust 28. 2001. without a permit? Question 5: Whv was a permitissued when the season was almost over. August 28.2001. to Gerald Lindner for a ski course in the sensitive north area. when it was clear that the state. the county. and two cities opposed it? See Exhibits 8. 9. 10. and 11. There certainlv were no letters of permission from the nearest land owner. which would be Anoka Parks. There were explicit letters a""inst the ski course in that location. vet a permit was issued anvwav. Whv? Question 6: Was Centerville ever formallv notified (as thev reQuested) that a Permit was going to be approved for the area where Centerville expresslv said thev did not want to see a ski course? See Exhibit 9. Ibis letter was in the sheriff's folder. Question 7: Why was the DNR letter that oooosed the ski course ignored? See Exhibit 10. Ibis letter was in the folder. It is extremely unfortunate, but because of the operation of the ski course in the north part of Peltier Lake, it appears that part of the lake is permanently ruined. The whole summer of2001, I could only sit there and watch the destruction of the environment. Very sad. Where was the sheriff? See also Exhibit 21. The sheriff's folder, as of August 30, 2002, contained notes on a Peltier Lake Association newsletter that claimed the information in the newsletter was unlawful. See Exhibit 12. There were other damaging notes on other newsletters. There was other information on aquatic plants, herons, and noise. It looked like materials from Gerald Lindner and appeared to me to be misinformation more than anything and some of it looked to be downright wrong. Question 8: Whv are there notes of unlawful information on Peltier Lake Association newsletters in the sheriff's folder? ", ~ Question 10: Does the sheriff reallv think that the data supplied (aooarently bv Gerald Lindner) in the folder about noise. plants. and the herons would not have an impact? The DNR letter savs otherwise. See Exhibit 10. Question 11: Whv are there pages of information on the aquatic plants in the area? Was anv of this (misinformation) ever checked out? Did Gerald Lindner tell the sheriff that he would be removing 500.000 square feet of beneficial native aquatic plants before he could use his ski course? (Removing those 500.000 square feet of plants has ruined the north part of the lake. It is now been taken over bv a nastv exotic called curlvleaf pondweed and will probablv never recover from the damage done bv the operators of the ski course who willfullv riooed out all that vegetation.) See Exhibit 20. The only hope to save the environment was to hope that a government agency somewhere cared enough to stop these 2 people from destroying the environment. To make a long story short, the DNR and Anoka Parks, the city ofCenterville and the city ofLino Lakes did care enough to stop them. I thank them very much for that. It took 3 years and incredibly hard and stressful work to establish a no-wake zone to protect the sensitive area. Thousands of person hours were expended in this effort by many people. Letters from numerous organizations wrote about their concern for the situation. The Rice Creek Watershed District Aquatic Biologist wrote, "High speed boating in this area may cause sediment resuspension, nutrient release from the sediments, and severe damage to the existing aquatic macrophyte community. All of the above mentioned items could be detrimental to the overall water quality and biological health of Peltier Lake. I feel that the area north of the island on Peltier Lake deserves some special protection." See Exhibit 13. The Minnesota Lakes Association wrote, "High speed boat use in shallow areas of the lake will destroy the aquatic vegetation, which is already happening as is evidenced by photos. Healthy aquatic plant communities support fish and other aquatic life that are important to the healthy functioning of the lake. It also stirs up lake sediments releasing nutrients into the water column which will adversely impact the lake ecology and water quality and adversely impacts the nesting ability of the high quality wildlife resources in the adjacent shore areas." See Exhibit 14. The North American Lake Management Society expressed their concem for the situation. See Exhibit 15. The Walter J. Breckenridge Chapter ofthe Iszaak Walton League expressed their concern. See Exhibit 16. There were many more. On May 24, 2004, after thousands of hours of hard work and the collection of 556 signatures, a:no-wake zone finally made protection of the sensitive north part of Peltier Lake permanent. See also WWW.PELTlERLAKE.ORG. Gerald Lindner and Paul Dentz have only shown impunity with their assault on the environment. Paul and Shelly Dentz had a habit of dumping their dog waste in the wetland across the street from my house. It took a long time and many letters, but fmally, the city of Centerville sent them a letter telling them to clean up their junk and to stop throwing their dog waste into the wetland. See Exhibit 17. Paul Dentz insists on cutting aquatic plants at his property without a permit. He did so in 2003 and 2004. In 2003, he was asked to sign an aquatic permit form from the Lake Association and he just refused. There are numerous other problems. See the letter to the Conservation Officer, Exhibit 18. In the summer of 2004, Gerald Lindner and Paul Dentz violated permit 04F-3A51 0 with the way they cut hundreds of thousands of pounds of plants. I tried to document their cutting with a few photos and I found me and my family subsequently harassed by the Lindners. See Exhibit 19 for'details. And, finally, see the article "Rookery Blues" in the Minnesota Volunteer magazine, March-April, 2004, Exhibit 21, on Peltier Lake loss of habitat. Despite everything that has happened, Gerald Lindner continues to blatantly ignore the experts. In "Rookery Blues", he states he wants the no-wake zone moved north of the island and that it should be only from April through July. He clearly wants to set his ski course north of the island again. He has been seeking a way to get his course north of the island, just recently, in 2005 too. Statements of experts and demonstrated environmental damage mean nothing to him. He only cares about his ski course. His word carmot be trusted. He illegally ripped out 500,000 square feet of native aquatic plants and has no regrets or apologies. He leaves his structures in the lake over winter which is illegal. He violates permits. History has shown that if I ask questions, he tries to figure out a way to harass me and my family. Gerald Lindner and Paul Dentz are irresponsible and should not be given a permit for a ski course on Peltier Lake. I take no pleasure in writing this letter. In fact, it is very stressful, but it must be done to resolve the issue. The reason I am presenting so much data (and I have not presented everything) is that there seems to be a history of automatically granting a ski course permit for Gerald Lindner. I am hoping the permit will be denied. I am hoping people will see that two peqple who have shown nothing but contempt for agreements and regulations do not need their own private 2,500 feet of Peltier Lake. I am hoping Peltier Lake will be returned to the public. Thank you. Sincerely, Wayne LeBlanc 1677 Peltier Lake Drive Centerville, MN 55038 651-635-6519 (day) Materials List Exhibit 1 - Peltier Lake Slalom Water-ski Course Impact Exhibit 2 - Sheriff Water Structure Application Instructions Exhibit 3 - List of People with Shoreline Directly Affected Opposed to Ski Course Exhibit 4 - List of People, Some with Shoreline Directly Affected Opposed to Ski Course Exhibit 5 - List of Fishermen Opposed Ski Course Exhibit 6 - Carol Fritchie Letter of Concern, Feb 23, 1999 Exhibit 7 - Signatures of People Attending Agreement Meeting of April 27 , 1999 Exhibit 8 - Anoka Parks Letter Documenting Agreement Meeting, May 4, 1999 Exhibit 9 - Centerville Letter Against Ski Course, March .11, 1999 Exhibit lO-DNRLetter Against the Ski Course, March 15,1999 Exhibit II - Permit for Ski Course Next to the Heron Rookery, Aug 28, 2001 Exhibit 12 - Notes that a Newsletter is Unlawful, April 20, 1999 Exhibit 13 - Rice Creek Watershed District Letter, March I, 2002 Exhibit 14 - Minnesota Lakes Letter, April I , 2004 Exhibit 15 - North American Lake Management Society, May 6, 2004 Exhibit 16 - Walter J Breckenridge Chapter of the Izaak Walton League, May II, 2004 Exhibit 17 - Letter to Dentz's from Centerville, August 16,2002 Exhibit 18 - Letter to Conservation Officer, Feb 14,2005 Exhibit 19 - Aquatic Plant Harvesting Report, December 2004 Exhibit 20 - Full Story, Feb 15, 2005 Exhibit 21 - Peltier Lake Article in Volunteer Magazine, March-April 2004. CC Detail: City of Lino Lakes, City of Centerville, Minnesota Center for Environmental Advocay, Conservation Officer Lisa Kruse, Anoka Parks Director John VonDeLinde, Commissioner Rhonda Sivarajah JAN 28 1999 l3:02 FR QWEST WIRELESS-MIDWAY1 642 6942 TO 916514298629 P.02 Qwest WIreless L.L. C. 426 N. Fairview A v.. Room 10] St. Paul. MN 55](J4 FAX: 651-642-6942 ;i.- ~ Q "VVe s t.~ Mr. John Meyer Finance Director City of Centerville 1880 Main Street Centerville, MN 55038 March 25,2005 Re: Owest Wireless Leased Site M1N088, City of Centerville Water Tower, 1875 Fox Run Dear John; Pursuant to our recent conversations, please be advised, and may the City be so advised, that Qwest Wireless, L.L.C. hereby declines the City's offer to relocate our existing facilities at subject leased location to the new City Water Tower being constructed at 7087 20tb Avenue South. Pursuant to our lease, Qwest so declines because we feel that such a move would not be in our best interests. As such, our leasehold interests in subject site will terminate follOwing the removal of our equipment which shall be done prior to, or in conjunction with, the City's demolition of the Fox Run Tower, In order to coordinate this effort. would you kindly advise as soon as possible as to the date(s) the demolition work will be commenced. We at Qwest Wireless have appreciated our tenancy with the City and we look forward to closing out this relationship on a positive and cooperative note. Thanks very much for your consideration and courtesy. Sincere , Tom Mulvey Real Estate Department Office: 651-642-6527 Cell: 612-212-0070 Email: Tom.Mulvoy@qwestcom ** TOTAL PAGE.02 ** C entennial Youth Hockey Association www.centennialhockey.org March 21, 2005 Centerville City Hall Tedd Peterson, Park & Recreation Chainnan 1880 Main Street Centerville, MN 55038 Dear Tedd, With the "First Day of Spring" now behind us, and Spring hockey in full swing, we know the past winter hockey season has come to a close. On behalf of the players, coaches, parents and Centennial Youth Hockey Association (CYHA), I would like to warmly and graciously thank you for allowing us to use Centerville ice rink at laMotte Park for the 2004-2005 outdoor ice season. We truly appreciate the support you have given our hockey program and the youth involved. Personally, it has been a pleasure working with you (and Kim Stephan!!) in conjunction with CYHA. You certainly made my job as the outdoor ice coordinator an easy one. In regards to my volunteer job as the Outdoor Ice Coordinator, it is with great sadness, that I am tuming over my position effective the 2005-2006 season, to a new coordinator. It is time for me to move on to other volunteer positions and allow some one else to have the pleasure of working with you. The new person will be in touch with you in August 2005 to submit a fonnal request to use your rink for the 2005-2006 season. As in the past, we are also planning on using LaMotte Park for our dry land season starting in October. I have enjoyed working with you over the years and hope to see you around town. Thank you again for your continued support of Centennial Youth Hockey Association and the youth we serve, and for playing a role in our teams' success. Enjoy your summer; Fall will be here before you know it! . . ~<rtJ J I McGregor Outdoor Ice Coordinator Centennial Youth Hockey Association tervi[[e 'Estafiisfie,{ 18-'7 CITY OF CENTERVILLE 04/13/053:05 PM Page 1 *Check Summary Register@ Name 10100 MAIN STREET BANK Paid Chk# 020139 ACCLAIM BENEFITS Paid Chk# 020140 AID ELECTRIC CORPORATION Paid Chk# 020141 CHOICEPOINT SERVICES INC. Paid Chk# 020142 CITY OF ST. PAUL Paid Chk# 020143 DAHLEN, DWYER & FOLEY, Paid Chk# 020144 GOPHER STATE ONE CALL INC Paid Chk# 020145 GRAPE, RICHARD Paid Chk# 020146 HASLER, INC. Paid Chk# 020147 MARATHON ASHLAND Paid Chk# 020148 MINNESOTA STATE Paid Chk# 020149 POSTMASTER Paid Chk# 020150 QWEST Paid Chk# 020151 RUFFRIDGE JOHNSON EQUIP. Paid Chk# 020152 SAM'S CLUB UPDATE APRIL 2005 Check Date 4/1312005 4/1312005 4/13/2005 4/13/2005 4/13/2005 4/1312005 4/13/2005 4/13/2005 4/13/2005 4/13/2005 4/13/2005 4/1312005 4/1312005 4/13/2005 Total Checks Check Ami $100.00 FLEXIBLE SPENDING ACCT - THRU $86.70 LOAD TEST ON SIREN $24.00 DRUG TEST $134.91 ASPHALT $150.00 APPRASIAL REPORT ON LAKESHORE $82.35 SERVTHRU 3-31-05 $0.26 OVER PAYMENT ON FINAL UTILITY $9.05 QUARTERLY RESET FOR POSTAGE M $52.27 FUEL FOR MARCH $1,026.00 STATE SURCHARGES FOR BUILDING $613.94 1ST QUARTERLY UT BILLING 2005 $112.66 651-407-7090 SERV THRU 4-30-05 $3,690.23 USED BEUTHLlNG MODEL Bl00 $175.77 PW. OPERATING SUPPLIES $6,258.14