HomeMy WebLinkAbout2010-10-27 CC Packet - CITY OF CENTERVILLE COUNCIL
MEETING AGENDA
tet"7lll� Wednesday, October 27, 2010
���t�s�
• 6:30 p.m. or shortly thereafter
OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on
the current agenda. Items requiring Council action may be defened to staff or Boards and Commissions for
research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you
conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this
policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a
sign-up sheet and give it to the Mayor or a Staff person by 6:15 p.m.
COUNCIL MEETING
I. CALL TO ORDER
1. Roll Call
II. PUBLIC HEARING(S)
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES
1. October 13, 2010 City Council Meeting Minutes (Pages 1-5)
V. CONSENT AGENDA
• 1. City of Centerville October 14, 2010 through October 27, 2010 Claims
(Check #25866-25888) (Page 6)
2. Centennial Fire District Claims through October 15, 2010 (Ck #4521-4540)
(Page 7)
3. Centennial Police Department Claims through October 14, 2010 (Ck #8034-
8068) (Page 8)
4. Encroachment Agreement —1970 S. Robin Lane � Fence (Page 9)
VI. AWARDS/PRESENTATIONS/APPEARANCES
VII. OLD BUSINESS
1. Massage Therapist License, Ms. Chavela Ayala— Tabled from Previous
Meeting � Withdrawn
VIII. NEW BUSINESS
1. Review Bids & Consider Award of Contract for powntown Storm Water
Reclamation Project — Phase I
a. Contract A
b. Contract B
c. Contract C
• 2. Resolution #10-OXX — Approving Joint Settlement Agreement & Stipulation
for Dismissal with Prejudice (Pages 10-14)
IX. ANNOUNCEMENTS/UPDATES
1. City Finance Director
a. Canvassing of Election Results � Within 3-10 Days Following the •
Election (November 10, 2010) (Page 15)
b. Public Hearing Regarding Delinquent Utilities & Certification
(November 24, 2010)
2. Mayor Capra (Citizen Corp. Council) & Potential Meeting Rescheduling
X. ADJOURNMENT
**REMINDERS**
Centerville Lions Haunted House — October 22, 23, 29 & 30, 2010, 7:00 p.m. — 10:00 p.m., Laurie LaMotte
Memorial Park
General Election — November 2, 2010, 7:00 a.m. — 8:00 p.m. (St. Genevieve's Community Parish Center)
Parks & Recreation Committee Meeting — November 3, 2010, 6:30 p.m., Council Chambers
Planning & Zoning Commission Meeting — November 9, 2010, 6:30 p.m. Council Chambers
City Council Meeting — November 10, 2010, 6:30 p.m. Council Chambers (Canvass Municipal Election
Results)�Worksession following Regular Meeting
Sewer & Water Utility Bills Due - November 15, 2010
City Council Meeting — November 24, 2010, 6:30 p.m. Council Chambers (P.H. Delinquent Utilities)
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CITY OF CENTERVILLE
• CITY COUNCIL MEETING
October 13, 2010
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on October 13, 2010, at City Hall, 1880 Main Street.
PRESENT: Mayor Mary Capra
Council Member Jeff Paar ¢ :�
, . . � �� . .
Council Member Ben Fehrenbacher ��: : � .>�' �� '
Council Member D. Love �' � ���
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ABSENT: Council Member Linda Broussard Vickers
STAFF: City Administrator Dallas Larson
City Attorney Kurt Glaser
City Engineer Mark Statz
I. CALL TO ORDER
Mayor Capra called the October 13, 2010, City Council meeting to order at 6:30 p.m.
• II. PUBLIC HEARING(S)
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None.
III. APPROVAL OF AGENDA
Mayor Capra made the following additions/corrections to the Agenda:
Consent Agenda, Item #1, added Page 7a, (Check # 25832-25865)
Consent Agenda, Item #6, added Appointing James Flint to the Planning and Zoning
Commission
New Business, Item #2, added Drain tile & Other Needs
Motion bv Council Member Fehrenbacher. seconded bv Council Member Love to
approve the agenda as amended. All in favor. Motion carried unanimouslv.
IV. APPROVAL OF COUNCIL MINUTES
1. September 22, 2010 Council Meeting Minutes
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City of Centerville
Council Meeting Minutes
October 13, 2010
Motion bv Council 1VV�ember Love, seconded bv Council Member Paar to apqrove
the September 22, 2010 Council Meeting Minutes. All in favor. Motion carried. •
(Councilmember Broussard Vickers abstained. )
V. CONSENT AGENDA
1. City of Centerville September 23, 2010 through October 13, 2010 Claims (Check
#25797-25831)
2. Centennial Fire Department Claims through September 30, 2010 (Check #4510-
4520)
3. Centennial Lakes Police Department Claims through September 9, 2010 (Check
#8024-8033)
4. Encroachment Agreement — 6880 Beaver Pond Way � Fence
5. Asphalt SurFace Technologies, Corporation, Pay Estimate 1(2010 Seal Coat
Project) � $125,553.81
6. Appointing James Flint to the Planning and Zoning Commission.
Councilmember Love asked to have City of Centerville Check #25821 pulled from the
consent agenda.
Motion bv Council Member Paar, seconded bv Council Member Love to approve
the Consent Agenda excluding check #25821. All in favor. Motion carried
unanimouslv.
Councilmember Love asked for an explanation of check #25821. •
City Administrator Larson stated that it was for tree removal at Laurie LaMotte Park.
Motion bv Council Member Fehrenbacher. seconded bv Council Member Paar to
approve check #25821. All in favor. Motion carried unanimouslv.
VI. AWARDS/PRESENTATIONS/APPEARANCES
None.
VII. OLD BUSINESS
1. Purchase of Bobcat with Attachments — Tabled from September 22, 2010 meeting
City Administrator Larson reviewed background information regarding the purchase of a
Bobcat with attachments.
Motion bv Council Member Broussard Vickers, seconded bv Council Member
Fehrenbacher to authorize purchase of Bobcat skidloader. Motion carried.
(Councilmember's Love and Paar onposed.)
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City of Centerville
Council Meeting Minutes
October 13, 2010
Motion bv Council Member Fehrenbacher, seconded bv Council Member
• Broussard Vickers to approve the purchase of the V-plow attachment for the
Bobcat skidloader in the amount of $2.794.35. Motion carried. (Councilmember's
Love and Paar opnosed.)
VIII. NEW BUSINESS
1. Special Events Permit A�plication, Final Stretch SK & 5 Mile November 13,
2010
� Council addressed concerns regarding the collection of the additional garbage from the
race.
Mr. Mark Bongers stated all the garbage would be at the finish line of the race which is
located at the park. There will be plenty of garbage receptacles available.
Motion bv Council Member Broussard Vickers, seconded bv Council Member Paar
to authorize the SAecial Events Permit Application, Final Stretch 5K & 5 Mile
November 13, 2010. All in favor. Motion carried unanimouslv.
2. Request to Extend Bid Date for Stormwater Irri�ation Project from October 21 to
October 26, 2010. '
• City Engineer Statz reviewed background information regarding the extension of the bid
date for the Stormwater Irrigation Project from October 21 to October 26, 2010.
Motion bv Council Member Love, seconded bv Council Member Paar to annrove
the Extension of Bid Date for Stormwater Irrigation Proiect from October 21 to I
October 26, 2010. All in favor. Motion carried unanimouslv. i
3. Request to Modi , Fee Proposal for Stormwater Irrigation Project I
a. Drain tile & Other Needs
City Administrator Larson reviewed background information regarding the Stormwater
Irrigation Project.
The Council discussed concerns includin the total amount of savin s for staff installin
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the drain tile instead of hiring a contractor.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Fehrenbacher to modifv fee proposal allowins and additional $9000 in the design
budget for the Stormwater Irrigation Proiect. All in favor. Motion carried.
(Councilmember Paar oaposed).
4. Massage Therapist License, Ms. Chavela Avala — Hair Gallery, 1855 Main Street
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Page 3 of 5
3
City of Centerville
Council Meeting Minutes
October 13, 2010
City Attorney Glaser stated the applicant has asked for this to be tabled.
5. Wellhead Protection Implementation Joint Powers AQreement with Amendment. •
City Administrator Larson reviewed background information regarding the Wellhead
Protection Implementation Joint Powers Agreement noting that it was approved by
Council in its preliminary form several weeks ago. The agreement has been amended
since, so the City Attorney has requested that the Council approve the final version.
Motion bv Council Member Broussard Vickers, seconded bv Council Member Paar
to authorize the Wellhead Protection Implementation Joint Powers Agreement with
Amendment. All in favor. Motion carried unanimouslv.
6. Planning & Zonin� Commission Recommendation to Allow KettleBell Gym to
Operate a Workout Facilitv (Similar to Nature to an Archerv Ran�e) at 6845 —
20�' Avenue. Suite #120 � I-1 Industrial.
City Administrator Larson reviewed background information regarding the Planning and
Zoning Commission's recommendation to allow KettleBell Gym to operate a workout
facility at 6845-20�` Avenue, Suite #120.
Motion bv Council Member Fehrenbacher, seconded bv Council Member Love to
Allow KettleBell Gvm to Operate a Workout Facilitv (determined to be similar in
nature to an Archerv Range, which is a permitted use) at 6845 — 20 Avenue, Suite •
120 � I-I Industrial, as recommended bv P&Z. All in favor. Motion carried
unanimouslv.
IX. ANNOUNCEMENTS/UPDATES
1. City Administrator, Dallas Larson
a. Liquor License Renewals — Letters were forwarded on September 29, 2010
City Administrator Larson stated the City has been participating in the Twin City
Capital Fund. This was a loan fund for business users within the City. However,
the Twin City Community Capital Fund has fallen into hard times and is closing
down. He stated the City can take the funds back, less an administrative fee, or
roll over the amount to Minnesota Community Capital Fund (MCCF) which is a
similar program.
After discussion, consensus was that a refund would be in order. If there is a
determined need from the business community, the Councii could later choose to
participate in MCCF.
Motion bv Council Member Fehrenbacher, seconded bv Council Member
Broussard Vickers to have the balance at TCCF reimbursed back to the Citv.
All in favor. Motion carried unanimouslv. •
Page4of5 �
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City of Centerville
Council Meeting Minutes
October 13, 2010
• 2. Mayor Capra passed along that the Parks and Recreation Commission is in
opposition of the proposed NASCAR track in Lino Lakes. She also updated the
Council that the Committee continues to work on future park projects.
Councilmember Love announced that there is still one opening on the Planning and
Zoning Commission.
XI. ADJOURNMENT
Motion bv Council Member Broussard Vickers, seconded bv Council Member Paar
to adiourn the October 13, 2010 City Council Meeting at 8:01 p.m. All in favor.
� Motion carried unanimouslv.
Mayor Capra adjourned the October 13, 2010, City Council Meeting at 8:01 p.m.
Transcribed by:
Barbara Suciu, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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CITY OF CENTER�lILLE 10/21/10 2:53 PM
I �` Page 1
� *Check Summary Register0
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OCTOBER 2010
Name Check Date Check Amt •
I 10100 CENTRAL BANK
Paid Chk# 025866 AFLAC 10/27/2010 $161.00 AFLAC iNS. T BENDER & K STEPHA
Paid Chk# 025867 ARM OF MN 10/27/2010 $150.00 R CHASE - BITUMINOUS STREET RE
I Paid Chk# 025868 BANYON DATA SYSTEMS INC 10/27/2010 $529.03 INTERNET PAY MODULE
Paid Chk# 025869 COMCAST 10/27/2010 $79.34 CITY HALL - HIGH SPEED INTERNE
Paid Chk# 025870 DELTA DENTAL 10/27/2010 $508.03 #PF99867701 - DENTAL INS. FOR
I Paid Chk# 025871 DTI 10/27/2010 $154.87 PHONE SERVICES OCT. 2010 THRU
Paid Chk# 025872 E.G. RUD & SONS 10/27/2010 $704.50 ROYAL INDUSTRIAL PARK - SNOOT
Paid Chk# 025873 HAWKINS WATER TREATMENT 10/27/2010 $1,232.23 CHEMICALS FOR WATER
Paid Chk# 025874 HUGO MILL 10/27/2010 $8.22 OPERATING SUPPLIES FOR P.W.
' Paid Chk# 025875 lDEAGROUP MAILING SERVICE 10/27/2010 $505.00 FOLDING/lNSERT & SEAL - 3RD QT
Paid Chk# 025876 L. N. SODDING 10/27/2010 $17,667.00 LAURIE LAMOTTE PARK - DRAIN TI
Paid Chk# 025877 MENARDS - FOREST LAKE 10/27/2010 $61.02 CLEANING SUPPLIES
Paid Chk# 025878 MET. COUNCIL ENV. SERV. (SDS) 10/27/2010 $15,217.01 NOVEMBER 2010 WASTE WATER SERV
Paid Chk# 025879 NORTH STAR PUMP SERVICE 10/27/2010 $116.42 SERVICE TO LIFT STATION 3
Paid Chk# 025880 NORTHERN FOREST PRODUCTS 10/27/2010 $7,339.25 TAX ABATEMENT PAYMENT
Paid Chk# 025881 ON SITE SANITATION 10/27/2010 $301.39 LAMOTEE PARK - SERV THRU 10-15
Paid Chk# 025882 PENFIELD, INC. 10/27/2010 $6,000.00 SHEEHY CONSTRUCTION COMP. ASSE
Paid Chk# 025883 SPRINGSTED INCORPORATED 10/27/2010 $125.00 M. JEZIORSKI SEMINOR 11-4-10
Paid Chk# 025884 U.S. POSTAL SERVICE 10/27/2010 $753.00 ENVELOPES W/ FOREVER STAMPS
Paid Chk# 025885 VERIZON WIRELESS, BELLEVUE 10/27/2010 $754.01 CELL PHONE SERV THRU 11-9-10
Paid Chk# 025886 WASTE MANAGEMENT-BLAINE 10/27/2010 $219.05 ACCT # 00-237856 PYMT FOR DELI
Paid Chk# 025887 XCEL ENERGY 10/27/2010 $1,539.07 1880 MAIN ST - SERV THRU 10-4-
Paid Chk# 025888 ANOKA COUNTY PROPERY RECORDS 10/27/10 $46.00 RECORDING OF CLEARWATER BUS
Paid Chk# 501016E BI-WEEKLY ACH 10/14/2010 $18,154.05 PAY PERIOD 21
Totai Checks $72,324.49
ELECTRONIC CHECKS
' Paid Chk# 000072E MINNESOTA DEPT OF REVENUE 10/21/2010 $513.00 SALES TAX ON SIGNS - 3RD QTR 2010
Paid Chk# 000073E MINNESOTA DEPT OF REVENUE 10/20/2010 $13.00 1 QTR 2010 TO RECORD SALES TAX ON BOOKS -•
Paid Chk# 000074E MINNESOTA DEPT OF REVENUE 1Q/20/2010 $58.00 2 Q7R 2010 TO PAY SALES TAX ON PURCHASE M-
Paid Chk# 000075E MINNESOTA DEPT OF REVENUE 10/20/2010 $12.00 2 QTR 2010 SALES TAX ON FLAG PURCHASED VI -
Total Checks $596.00
Note: There will be an updated list of disbursements for approval on 10-27-10.
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CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1
Check Issue Dates: 10/1/2010 - 10/15/2010 Oct 15, 2010 03:35PM
eport Criteria:
Report type: Summary
GL Check Check Vendor Description Check
Period Issue Date Number Number Payee Amount
10/10 10/08/2010 4521 999901 MIKE VANDERLEE EXERCISE EQUIPMENT 1,500.00 M
10/10 10/15/2010 4522 10297 ALLIANCE EDUCATION GROUP, DOT EMS TRAINING C DYCK 250.00
10/10 10/15/2010 4523 11565 ASPEN MILLS UNIFORM 942.00
10/10 10/15/2010 4524 20353 BLAINE BROTHERS, INC R31 MTC 1,726.34
10/10 10/15/2010 4525 30490 CENTERPOINT ENERGY STATION 2 GAS 31.60
10/10 10/15/2010 4526 31008 COMCAST INTERNET CENTERVILLE STATI 94.00
10/10 10/15/2010 4527 40040 DEEP ROCK WATER COMPANY BOTTLED WATER 24.94
10/10 10/15/2010 4528 40100 PAT DEVANEY TOTE 110.81
10l10 10/15/2010 4529 50120 EMERGENCY APPARATUS MAI VEH MTC 2,546.34
10/10 10/15/2010 4530 60400 FOREST LAKE SECURITY, INC STATION 2 LOCKSET 547.63
10/10 10/15/2010 4531 60650 FRATTALLONE'S HARDWARE S MISC PARTS 29.47
10/10 10/15/2010 4532 70578 GRAINGER VEH LIGHTS/PARTS 279.42
10/10 10/15/2010 4533 110200 MICHAEL KELLER, PH.D. EMPLOYEE ASSISTANCE 130.00
10/10 10/15/2010 4534 120450 CITY OF LINO LAKES SEPT REIMBURSEMENTS 20,456.31
10/10 10/15/2010 4535 160050 PAETEC PHONES STATION 2 147.91
10/10 10/15/2010 4536 180070 REFLECTO PRODUCTS HELMET CRESTS 185.69
10/10 10/15/2010 4537 180600 CITY OF ROSEVILLE JT POWERS MIS 655.58
10/10 10/15/2010 4538 190350 SENTRY SYSTEMS, !NC ALARM PANEL REPAIR STATIO 135.00
10/10 10/15/2010 4539 200220 TOYNE, INC VEHICLE PARTS 48.63
10/10 10/15/2010 4540 260050 TRACY ZAREMBINSKI FIRE PREVENTION SUPPLIES 48.90
Grand Totals: 29,890.57
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= Manual Check, V= Void Check
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CENTENNIAL LAKES POLICE DEPT Check Register - Police GL without invoice numbers Page: 1
Check lssue Dates: 10/1/2010 - 10/94/2010 Oct 14, 2010 04:40PM
Report Criteria: .
Report type: Summary
GL Check Ck No Description Check
Period Issue Date Payee Amount
10/10 10/14/2010 8034 AMERICAN GOODYEAR-GEMINI, INC 4 TIRES 2006 F150 PICKUP 447.68
10/10 10/14/2010 8035 ANOKA COUNTY MDT 3RD QTR 540.00
10/10 10/14/2010 8036 ATHLETIC OUTFITTERS UNIFORMS 22.50
10/10 10/14/2010 8037 COVERALL OF TWIN CITIES, INC OCT CLEANING SERVICE 796.22
10/10 10/14/2010 8038 DELL MARKETING L.P. PROJECTOR REMOTE 139.24
10/10 10/14/2010 8039 DELTA DENTAL NOV DENTAL INS 996.50
10/10 10/14/2010 8040 DON'S CIRCLE SERVICE, INC SEPT VEH REPAIRS & MTC 2,086.77
10/10 10/14/2010 8041 DRAIN KiNG, INC GARAGE DRAIN CLEANING 906.00
10/10 10/14l2010 8042 E C S I, INC SEMI ANNUAL FIRE ALARM INSPECTI 405.54
10/10 10/14/2010 8043 ENVENTIS TELECOM, INC PHONES 389.46
10/10 10/14/2010 8044 FINGERPRIN7 AMERICA, INC CHILD IDENTIFICATION KiTS 200.60
10/10 10/14/2010 8045 FRATTALLONES HARDWARE, INC. POWERLOCK RULE TAPE 62.94
10/10 10/14/2010 8046 JOHN E REID & ASSOCIA7ES, INC INTERVIEW & INTERROGATION SEMI 705.00
10/10 10/14/2010 8047 HEALTH PARTNERS NOV HEALTH INS 9,725.30
10/10 10/14/2010 8048 HENNEPIN TECHNICAL COLLEGE M-STEP CONFERENCE LAKSO 185.00
10/10 10/14/2Q'10 8049 HOUDAY FLEET SEPT FUEL 3,327.51
10l10 10/14/2010 8050 IMAGE PRINTING & GRAPHICS, INC PAYROLL FORMS 282.11
10/10 10f14/2010 8051 INTERSTATE ALL BATTERY CENTER FLASHLIGHT BATTERIES 213.75
10/10 10/14/2010 8052 J.N.JOHNSON SALES & SERVICES FIRE EX7INGUISHER MTC 131.64
10/10 10/14/2010 8053 KNOWLAN'S SUPER MARKETS SUPPLIES 47.93
10/10 10/14/2010 8054 ANGELA KRUYER PLYWOOD/PADLOCK 26.70
10/10 10/14/2010 8055 L.EAGUE OF MN CITIES INS TRUST DEDUCTIBLE INS CLAIM 250.00
10/10 10/14/2010 8056 MCAA NPROPERTY RECEIPT FORMS/SEIZU 77.14 •
10/10 10/14/2010 8057 MN DEPT OF PUBLIC SAFETY 3RD QTR CJDN CHGS 390.00
10/10 10/14/2010 8058 MHSRC/RANGE TRAINING CORLEW/JACOBSON 878.00
10/10 10/14/2010 8059 NEXTEL COMMUNICATIONS CELL PHONES 282.39
10/10 10/14l2010 8060 O'REILLY AUTOMOTIVE, INC STEERING WHEEL COVERS 8.56
10/10 10/14/2010 8061 PITNEY BOWES, INC POSTAGE METER RENTAL 73.77
10/10 10/14/2010 8062 QUILL CORPORATION LIQUID PAPER 255.44
10/10 10/14/2010 8063 QWEST CENTERViLLE PH 167.34
10/10 10/14/2010 8064 SHRED RIGHT, INC SHREDDING 58.89
10/10 10/14/2010 8065 STREICHER'S, INC AMMO 365.24
10/10 10/14/2010 8066 TELECIDE PRODUCTIONS, INC COMPUTER MTC 15.00
10/10 10/14/2010 8067 UNICARE LIFE & HEALTH INS. CO. NOV LIFE/DISABILITY INS 102.90
10/10 10/14/2010 8068 UPPER MIDWEST COMM POLICING NOV INTERIM DIRECTOR 9,575.00
Grand Totais: 34,138.06
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TO: Honorable Mayor and Council Members �
FROM: Staff
SUBJECT: Encroachment Agreement — Fence, Blue Ventures, LLC, 1970 South
Robin Lane
DATE: October 21, 2010
Property owner has submitted the appropriate fence permit application, sketch plan,
encroachment agreement and fees for the permit and agreement. The Building Inspector
and Building Official have both signed off on the permit and the location of the fence. '�
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Res. #10- •
A RESOLUTIQN APPROVING JQINT SETTLEMENT AGREEMENT &
STIPULATION FOR DISMISSAL WITH PREJUDICE
WHEREAS, the City of Centerville took property rights for the Centerville Regional
Trail Link Project through a condemnation action, and
WHEREAS ro ert owner David Fisher a ealed that condemnation action and
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WHEREAS, the parties have reached an agreement for settlement, attached hereto as
Exhibit A, "Joint Settlement Agreement and Stipulation for Dismissal with Prejudice."
I NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
CENTERVILLE, MINNESOTA:
The Council hereby approves the Joint Settlement Agreement and Stipulation for
Dismissal with Prejudice attached hereto, and the Mayor and Clerk are authorized to
execute the agreement and make payment according to its terms.
Adopted by the City Council this _ day of October, 2010. •
Mary Capra, Mayor
Attest:
' Teresa Bender, Clerk
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STATE OF MINNESOTA DISTRICT COURT
ANOKA COUNTY TENTH JUDICIAL DISTRICT .
IN THE MATTER OF CONDEMNATION
BY PETITIONER, THE CITY OF CASE TYPE CONDEMNATION
CENTERVILLE, FOR THE CENTERVILLE
REGIONAL TRAIL LINK PROJECT Case No.02-CV-09-8395
City of Centerville,
JOINT SETTLEMENT AGREEMENT AND
Petitioner, STIPULATION FOR DISMISSAL WITH
PREJUDICE
vs.
i�avid D. Fisher,
Respondent. . �
JOINT SETTLEMENT AGREEMENT AND
STIPULATION FOR DISMISSAL WITH PREJUDICE
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This Joint Settlement Agreement and Stipulation for Dismissa( with Prejudice (hereinafter ,
refened to as the "Agreement") is made by and between the City of �Centerville (hereinafter the
"City"), and David Fisher, (hereinafter "Fisher"). �
WHEREAS, the City, a municipal corporation, took property rights in the CityofCenterville �
for the Centerville Regional Trail Link Pmject (hereinafter the "trail project") by condemnation from
Fisher. This legal action shall be referenced herein as the "Condemnation Action."
WHEREAS, on March 15, 2010 the Ciry did deposit with the Anoka County District Court
Admini strator Six Hundred and Sixty Dollars ($660.00) as the "Quick Take" payment for the subject
property pursuant to Minn. Stat. Sec. 117.042.
WHEREAS, on July 28, 2010, a panel of Commissioners awarded the City to pay Three
� housand, Eight Hundred and Fifty-Two Dollars ($3,852.00) to Fisher for the taking ofan easement
�.nd trees.
WHEREAS, the parties to this Ageement have mutually agreed to fully and finally settle and
resolve any and all actual and potential claims, threatened causes of action and matters, known and
unknown, for anything that has occuired up to the date of this Agreement related to the City's
condemnation of the subject pmperty, and any and all claims asserted or that could have been or �
could be brought in the Condemnarion Action; and '
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WHEREAS, the parties to this Agreement have considered their rights, options and
�lternatives under this Agreement.
�" NOW, THEREFORE, in consideration of the foregoing recitals and all of the terms and
cc�nditions set forth herein, and for other good and valuable consideration, the sufficiency of which
is acknowledged, the parties agree as fotlows:
1. Agreement To Accept Award: The parties 2nutually agree to accept and affinn the Award of
the Commissioners, dated July 28, 2010, and duly filed with the Anoka County Distriot Court
in this action. The Parties request the District Court to reduce same to a Judgment and Enter
said Judgment accordingly with the District Court.
2. Payment of the Award: The City agrees to pay Fisher as set forth in the Award of the
Commissioners the sum of Three Thousand, Eight Hundred and Fifly 'Two Dollars
($3,852.00) plus accrued interest as set forth bel ow, (the "Award'� in the form of two checks,
one paid from the City to Fisher in the amount of $3,192.00, and one paid from the funds
deposited by the City and held by the District Court Administrator in the amount of $660.00,
plus all interest which has accrued on said deposit. The parties agree that Fisher will receive
a Form 1099 for the amount of $3,852.00 plus all accrued interest. .
3. Total Settlement Of Condemnation Action: The parties agree that payment of the Awazd by
the City is in full settlement of all of the Parties' actual and potenrial charges, claims,
, defenses, or causes of action against each other that were or could have been asserted in this
Condemnation Action, and any and all claims for any type of legal, equitable, or statutory •
� relief, arising from the construction of the Tra.il Project, or a trail over the properiy taken by
the City. In particulaz, the City will not have any continuing responsibility to care for any
trees on the Fisher property nor remove the trees as a result of the construction of a trail over
their property. The end of any continuing responsibility by the City is on the condition that ,
the trail constructed across the Fisher properiy is physica.11y constiucted in conformity with
the City's engineering plans in existence as on June 21, 2010.
4. Dismissal of Action. In further con�ideration of the compensation paid by the City in
exchange for the subject property, and the patties agree to dismiss their actions.
a. Pursuant to Minn.R.Civ.Pro. 41.01, the City hereby disrhisses any pending appeal of
' the Condemnation Action against Fisher with prejudice. By this dismissal, no legal
action by the City remains with the Courts against Fish�er. -
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5. Inval�dity. In case any one or more of the provisions of this Agreement shall be held mvalid,
illegal or unenforceable in any respect, the validity, legality and enforceability of the ��
remaining provisions contained in this Agreement and Release will not in any way be
affected or impaired thereby.
E. Entire Agreement. The parties agree that this Agreement and the Release attached hereto
contain all of the agreements between them, and that they have no other written or oral
� agreements.
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• 7. Volunta and Knowin Action.
ry g 7'he parhes acknowledge that they have had suffic�ent
opporiunity to review their claims and this Agreement and Release with their attorneys, that
they have read and understand the terms of this Agreement an�, Release, and that they have
voluntarily and knowingly entered into tl�is Agreement and Release to resolve any and all
charges, claims, demands or causes of action which they now have or may have with respect
to the Released Parties.
8. Governing Law. This Agreement will be construed and interpreted in accordance with �
applicable federal laws and the laws of the State of Minnesota.
FOR PETITIONER, THE CITY OF CENTERVILLE:
Gated: , 2010 By:
Mary Capra, Mayor
Dated: , 2010 By.
Teresa Bender, Ciry Clerk
Reviewed as to form and content: SMtTH & Gr.A tt, L.L.C. �
• i �
L'ated: , 2010 B . I
I . 1 > 2 86)
6 Butler rth Buil
510 Firs enue No
Minne olis, MN 3 �
• ATTORNEY FOR PETITIONER
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F R RE •
O SPONDENT, DAVID FISHER:
Dated: � S' , , 2010 By: _
David D. Fisher
Reviewed as to form and content: .
BERNDT LAW OFFICES PLLC
L?�1ted: 0� d� , 2010 By: -+----- Y = — ��
Deno W. Berndt (#0215636)
l0I Union Plaza
333 Washington Avenue North
Minneapolis, MN 55401
ATTORNEYS FOR RESPONDENT FISHER
•
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TO: Honorable Mayor and Council Members
FROM: Staff
SUBJECT: Election Results & Canvassing
DATE: October 21, 2010
ELECTION RESULTS
By law, on election evening, an unofficial precinct resnits tape must be posted at the
precinct. Generally we post one at the precinct and one at City Hall. The new laws '
require that all absentee ballots be counted in a central location and those ballots are no
longer sent to the precincts. The law also states that results from the election cannot be ',
reported until precinct results and absentee ballot results are combined and reported as a '
� single number. In previous elections, the results reported at the precincts included both
precinct and absentee vote results.
• Because of tl�ese law chan es, the fastest wa to obtain results combined absentee and
g Y �
precinct totals) is the Anoka County Web Site:
http://ww2.anokacount .uy s/v4 elections/general-election.aspx.
�lease remember that these results are still unofficial until such time that the Anoka
County Canvassing Board (between the 3rd and l Oth day following the General Election)
and the State Canvassing Board (between November 23 and November 26, 2010) have I
both acted on the results.
Recounts can happen for several different reasons; state wide, precinct drawn, candidate
request and count totals. Staff will keep you abreast of any recount requirements.
CITY ELECTION CANVASSING
The City has until November 12, 2010 to canvass our local, municipal results and it is
suggested that we canvass the �esults at the November 10, 2010 regularly scheduled
meeting.
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* � OFFICE OF COUNTY .A.DMINISTR.ATION
GOVERNMENT CENTER •
2100 312D AVENUB STE 70O • ANOKA MN 55303-5024
(763) 323-5700
_ October 18, 2010
� TERRY L. JOHIVSON
County Administrator
This letter was sent to all
elected officials of the
The Honorable Mary Capra City of Centerville.
Mayor, City of Centerville
1880 Main Street
Centerville, MN 55038
R.E: Rice Creek Watershed District Appointment
Dear Mayor Capra:
In accordance with the provisions of Minn. Stat. § 103B.227, Anoka County in October 2010 will
publish notice of a future vacancy due to the expiration of a term on the Rice Creek Watershed •
District Board of Managers. The notice publication requirement applies because Rice Creek
Watershed District is considered a watershed management organization. The published notice must
state that persons interested in being appointed may submit their names to the appointing authority,
which is the county boazd for a watershed district appointment. For your information, a copy of the
notice that is to be published is enclosed.
In appointing a manager to the Rice Creek Watershed District, Minn. Stat. § 103D.311 is also �
applicable. This statute requires a counry board, upon the expiration of a term, to appoint managers
for a watershe�i district from a list of persons nominated jointly or severally by the cities and '
municipalities within the district if a list(s) is submit�ed FO days before the manager's term of office
expires or to appoint a manager who resides in a city that fails to submit a list. �If there is a desire to
jointly submit a list for the manager appointment, you may wish to confer with affected cities and
jointly submit the list. The cities with territory located in the Rice Creek Watershed District are
Blaine, Centerville, Circle Pines, Columbia Heights, Columbus, Fridley, Lexington, Lino Lakes,
and Spring Lake Park. -
In order for names submitted to the county to be considered a list under the statutory definition, the
list must contain the names of at least three nominees eligible to be appointed. To be eligible for an
appointment, a nominee must reside within the watershed district boundaries, be eligible to vote in
the district, and not be a public officer of the couniy, sta.te, or federal government (except that a soil
and water conservation supervisor can be appointed).
•
FAX: 763-323-5682 Affirmative Action / Equal Opportunity Employer TDD/TTY: 763-323-5289
16
NOTICE IS HEREBY GIVEN pursuant to Minn. Stat. § 103B.227 and § 103D.311 that a
• vacancy will occur on the Rice Creek Watershed District Board of Managers due to the
expiration on January 17, 201 l, of the term of Patricia L. Preiner. Term of the appointment is for
three years. Managers are eligible to be reappointed. Persons interested in being appointed to
�' serve ori ine Rice �rceri Watershe;u District �oard c�r`� �vlanageis rna3� subrnit their names ior - _
consideration to the Anoka County Board of Commissioners, the appointing authority. Minn.
Stat. § 103D.311 permits the cities in the district to submit a list(s) of nominations to the county
board. If a valid list(s) containing at least three eligible nominees for a manager's position is
submitted at least 60 days prior to the expiration of the terms, the Anoka County Board of
Commissioners is required to make appointments either from the list(s) or to appoint a manager
who resides in a city that fails to submit a list. Since a list may be submitted, persons interested
in being considered for appointment may wish to contact their city to request to be included on a
list of nominations. In the absence of a valid list, the Anoka County Board of Commissioners
may appoint any voting resident of the Rice Creek Watershed District who is not a public officer
of the county, state, or federal government.
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N y No an Sommer Terry L. Jo son
Assistant County Attorney County Administr tor
PUBLISH IN: Anoka County Union, Octaber 22, 2010
Forest Lake Times, October 28, 2010
Quad Community Press, October 26, 2010
•
I 17
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Lakes e'`
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October 13, 2010
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