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HomeMy WebLinkAbout2012-07-12 - Council AgendaAgenda Corcoran City Council July 12, 2012 - 7:00 PM 1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval 4. Open Forum 5. Presentations -None 6. Planning Business -None 7. Engineering -None 8. Public Hearing -None 9. Consent Agenda a. Draft Minutes of June 28, 2012 Council Meeting* b. Annual Insurance Renewal* 10. Staff Reports/ Memos /Commissions a. 2012 Corcoran Election Calendar* b. Stormwater Discharge Permit Analysis 11. Unfinished Business a. Dangerous Building, 20112 Co Rd 10 b. Sewer and Water Project c. Public Works Facility d. MN Capital Projects Grant Proposals Update 12. New Business a. Draft 2013 Budget 13. Claims as Presented * a. Escrow Claims (Fund #500) b. Building Inspections Claims c. All Other Claims As Presented 14. Unscheduled Items 15. Closed Meeting a. To consider Sewer and Water Easement offers 16. Review of Upcoming Council Meeting Agenda 17. Adjournment *Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door. This page has been intentionally left blank Administrator's Agenda Notes Corcoran City Council Meeting July 12, 2012 4. Open Forum 5. Presentations 6. Planning Business / Landform -None 7. Engineering / Wenck -None 8. Public Hearing -None 9. Consent Agenda a. Draft Minutes of June 28, 2012 Council Meeting* b. Annual Insurance Renewal. Staff is working on the renewal of the liability and Workman's Comp insurance package. This will be presented later in August for your consideration. At this meeting, the council is asked (as it is every year) to not waive the monetary limits on tort liability. I recommend this action. In the past, the council has always taken this action of not waving. 10. Staff Reports/ Memos /Commissions a. 2012 Election Calendar. The city clerk has developed a very detailed calendar that specifies actions and dates that will carry us through the election process this year. As you can ascertain, city staff has an difficult (and time consuming) schedule to meet and services to deliver in this year's primary and general elections. b. Stormwater Discharge Permit Analysis. This memo provides an analysis of the differences between previous permits and the new permit regarding city actions. The council had asked for this analysis. It is apparent that more is being required of the city in the coming years. I have not had a chance to discuss with the Planner and the Engineer about developing a feasible workplan with costs for the council to consider. I will do so in the coming months and if there are budget implications, will bring that forward as part of the budget discussions. 11. Unfinished Business a. Dangerous Building, 20112 Co Rd 10. See the report by the Building Official. He has found that the building is a Hazardous Structure and must be removed immediately. The building doors and windows were covered with plywood as was the power cut to the structure on Friday, June 29th. The owners have been notified and are aware that the matter to consider condemning and demolishing the building will be on this agenda. They also agreed to the actions we took on Friday to close up the structure. The city attorney will be at our meeting. He will advise you on the process that must be followed if we are to condemn the building and go after removal (or rehab). I believe that the first action of the council is going to be a finding that the building is a public nuisance or not. If it is, then you will order the owners to immediately remove the building or completely rehab. If they can't do it, then you can discuss the city options to undertaking the removal ourselves and assessing to the property tax. I don't particularly like this as it ties up our funds and this could get expensive depending on what is found in the building such as hazardous substances or materials (asbestos). Also, I have included an article from the League of Cities that is a good primer on nuisances in general found in cities and the powers of cities to regulate. b. Sewer and Water Project. The city engineer will have a verbal update on the project and possible start date. c. PW Facility. At this meeting, Andrew Cooper of Oertel Architect will give presentation on the report that was in your council packet for June 28t" He will also provide additional material on the possibility of the immediate development of a facility costing about $2 million with land and soil corrections at around $.5 million. I did pose several questions to Mr. Cooper last week on the possibility of developing this facility with these parameters. I have enclosed in this packet his response to those questions. Also, I have been working on a draft RFP document that asks for Design -Build proposals for the PW Facility. The two important questions needed from the city council before such a RFP could be approved and go out is 1. A specified location and site for the facility, and 2. A maximum "not to exceed" cost. Also, negotiations continue on the purchase of the site for the facility. Status of these negotiations, the amount of land in question to purchase, and direction to staff can be discussed. The city attorney may ask for a closed meeting to discuss the purchase negotiations. d. MN Capital Grant Proposals. The two grant applications for the expanded water infrastructure (water tower) and for the Public Works Facility related improvements will be going in just under the wire on Monday, July 9t". will update the council at the meeting on these two grant proposals. 12. New Business a. 2013 Draft Budget. I will give you at the meeting a very preliminary draft of the 2013 Budget. I am working on a couple of scenarios for personnel costs and, I can discuss ideas I will have on a cost of living (COLA) adjustment and on insurance changes. I do not anticipate an analysis of the budget at this meeting but having it in your hands will start the process of review. 13. Claims as Presented * a. Escrow Claims (Fund #500) b. Building Inspections Claims c. All Other Claims As Presented 14. Unscheduled Items 15. Closed Meeting. The city attorney may request a closed meeting to discuss the purchase of the Roehlke property for the Public Works Facility. 16. Review of Upcoming Council Meeting Agenda 17. Adjournment Administrator Notes Page 2 Planning Commission P & T Commission Administrator's Agenda Notes Corcoran City Council Meeting July 12, 2012 Council Calendar 7/10/12 8/2/12 9/6/12 10/4/12 11/1/12 12/6/12 Cossette Asleson Milbrandt Guenthner Cossette Gmach 6/19/12 7/17/12 8/21/12 9/18/12 10/16/12 11/20/12 Gmach Asleson Milbrandt Guenthner Cossette Gmach This page has been intentionally left blank City of Corcoran City Council Meeting Minutes June 28, 2012 9a. The Corcoran City Council met on June 28, 2012, at City Hall in Corcoran, Minnesota. Present were, Councilor Asleson, Councilor Cossette, Councilor Gmach, and Councilor Milbrandt. Also present were City Administrator Donahue, City Attorney Carson, City Planner Lindahl, City Engineer Torve, Public Works Superintendent Meister, and City Clerk Heinecke. Mayor Guenthner was excused Vice Mayor Gmach called the regular meeting to order at 7:00 pm. 1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval MOTION: made by Milbrandt, seconded by Asleson to approve the agenda with the following addition. 11 a iii. Grant Application Voting Aye: Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 4:0). 4. Open Forum Patrick Hank 9425 Trail Haven Rd.," $6.8 million for a public works facility — really" This cost will discourage growth in Corcoran and raise property taxes. Loren Kohnen 22755 Winchester Tr., Thanked public works for their work at Rolling Hills Road with brush removal. The city should request Hennepin County provided septic permit information to the city for inclusion in property files. Informed the council he and the city code enforcement technician toured the Patnode store. "It's a mess ". The electrical power has not been disconnected. This property is a hazard. Greg Ebert 23350 Co Rd 10, 20604 Co Rd 10, Corcoran cannot afford a 6.8 million building. Someone has to direct the consultants. Mr. Ebert offered assistance to the city related to project assistance. 5. Presentations -None 6. Planning Business / Landform a. Schmid CHOL Resolution 2012 -31 report presented by Planner Lindahl. MOTION: made by Cossette, seconded by Asleson to approve Resolution 2012 -31 as presented. AMENDMENT: made by Milbrandt, seconded by Cossette to amend resolution 2012 -31 to require "Vehicles must be picked up and delivered by the operator. No customer visits are allowed on site." Voting Aye: Gmach, and Milbrandt Voting Nay: Asleson, Cossette (Motion fails 2:2). Councilor Asleson moved amendment to resolution 2012 -31 be put back on the table. Voting Aye: Asleson, Gmach, and Milbrandt Voting Nay: Cossette (Motion carried 3:1). Resolution 2012 -31 as amended Voting Aye: Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 4:0). 7. Engineering / Wenck -None 8. Public Hearing -None 9. Consent Agenda a. Draft Minutes of June 14, 2012 Council Meeting b. Resolution 2012 -29 Appointing Election Judges c. Resolution 2012 -33 Medina Joint Powers Agreement MOTION: made by Milbrandt, seconded by Asleson to approve the consent agenda as presented. Voting Aye: Asleson, Cossette, Gmach, and Milbrandt. City of Corcoran City Council Meeting Minutes June 28, 2012 9a. (Motion carried 4:0). 10. Staff Reports/ Memos /Commissions a. 2013 Budget Process & Calendar received and discussed — no action taken b. Planning Update received — no action taken c. Conditional Home Occupation License report received — no action taken. 11. Unfinished Business a. Sewer and Water Utility Project* i. Award Sewer and Water Utility Project Resolution 2012 -32 MOTION: made by Milbrandt, seconded by Cossette to approve Resolution 2012 -32 "Authorizing Award of Contract for Corcoran Sewer and Water Utility Project" Voting Aye: Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 4:0). ii. Downtown Sewer & Water Survey Results presented by Council member Cossette. Discussion to continue when full council is present. iii. Infrastructure Grant Application opportunity presented by Administrator Donahue. MOTION: made by Milbrandt, seconded by Asleson to approve Resolution 2012 -34 "Authorizing State of Minnesota Grant Application — Public Works Facility Water Access, Turn Lanes and Trail Head Restrooms ". Voting Aye: Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 4:0). MOTION: made by Cossette, seconded by Milbrandt to approve Resolution 2012 -35 "Authorizing State of Minnesota Grant Application — Construction of a water tower ". Voting Aye: Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 4:0). MOTION: made by Gmach, seconded by Asleson to approve Resolution 2012 -36 "Authorizing State of Minnesota Grant Application — Construction of a Fire Hall, Public Works Facility, and Water Tower south of city hall ". Voting Aye: Asleson, Gmach Voting Nay: Cossette, Milbrandt. (Motion failed 2:2). b. Public Works Facility report received — no action taken. Discussion to continue when full council is present. 12. New Business -None 13. Claims as Presented a. Escrow Claims (Fund #500) MOTION: made by Milbrandt, seconded by Asleson to approve escrow claims as presented. Voting Aye: Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 4:0). b. Building Inspections Claims MOTION: made by Asleson, seconded by Milbrandt to approve building official claims as presented. Voting Aye: Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 4:0). c. All Other Claims As Presented MOTION: made by Milbrandt, seconded by Asleson to approve all other claims as presented. Voting Aye: Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 4:0). 14. Unscheduled Items -None Vice Mayor Gmach recessed the regular meeting at 9:19 to convene a closed session. 15. Closed Meeting City of Corcoran City Council Meeting Minutes June 28, 2012 9a. a. To consider Sewer and Water Easement offers Vice Mayor Gmach reconvened the regular meeting at 9:58 MOTION: made by Milbrandt, seconded by Asleson to authorize payment of negotiated amount as presented on June 12, 2012 to Gregory R Ebert for temporary and permanent easement for the Corcoran Sewer and Water Utility Project. Voting Aye: Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 4:0). MOTION: made by Cossette, seconded by Milbrandt to authorize payment of negotiated amount as presented on June 12, 2012 to Corcoran Land LLC for temporary and permanent easement for the Corcoran Sewer and Water Utility Project. Voting Aye: Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 4:0). MOTION: made by Cossette, seconded by Milbrandt to authorize payment of negotiated amount as presented on June 12, 2012 to Chastek's for temporary and permanent easement for the Corcoran Sewer and Water Utility Project. Voting Aye: Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 4:0). MOTION: made by Milbrandt, seconded by Asleson to adjourn. Voting Aye: Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 4:0). Meeting adjourned at 10:00 pm Jeanie Heinecke, City Clerk 6*11 This page has been intentionally left blank Nels C. Anderson 1903 -1964 Shaun J. Irwin, President Lawrence E. Benson 1905 -1979 lndeverraen! lnsnranee David Wight, vice President Richard L. Schilinger Agent. Mark Kraemer, CIC CZ'CA , J. Leonard Larson 1911 -1997 "° r� '! INSURANCE & INVESTMENT Guy Oseth AGENCY, INC. Pat Smith 0 6/13/2012 Mr. Dan Donahue City of Corcoran 8200 County Road 116 Corcoran, MN 55340 Re: League Policies Dear Dan: Enclosed please find the renewal applications for the League, please review, complete and return to our office by Friday, July 13, 2012. If you have any questions regarding this or would like Shaun Irwin to stop by, please let me know. Thank you. Sincerely. Janeile Darling janelle cr,andersona Yencyiiis.com Enclosure Minneapolis Office & Mailing Address 312 Central Ave SE, Suite 392 Minneapolis, MN 55414 Phone: (612) 331 -3712 Fax: (612) 378-0419 Website: www.andersonagencyins.com St. Paul Office PO Box 21407 St. Paul, MN 55121 Brainerd Office 307 NW 8th St Brainerd, MN 56401 Phone: (218) 829 -3558 Fax: (866) 810-3030 4RENEWAL APPLICATION FOR: CORCORAN, CITY OF & EDA LEA IWhNESOTA C177tS PROPERTY/CASUALTY COVERAGE APPLICATION APPLICATION FOR: CORCORAN, CITY OF & EDA County: HENNEPIN Mailing Address: 8200 COUNTY ROAD 116 Phone: 7634202288 City State, Zip; CORCORAN, MN 553402113 Contact Person: DAN DONAHUE Title; CITY ADMINISTRATOR Is the applicant a Member of The League of Minnesota Cities? Z Yes Submitting Agency: ANDERSON INS & INV AGENCY Address: 312 CENTRAL AVE SE, #392 City State, Zip: MINNEAPOLIS, MN 554141064 Telephone: 6123313712 Facsimile: 6123 78 0419 Agency Contact: JANELLE DARLING Email Address: JANELLE@ANDERSONAGENCYINS.COM Date of Council Resolution or Contract Appointing the Agency: 08/21/1996 1AGENT COMPENSATION: 10% OTHER: r'Dedui Renewal coverage will be issued at expiring provide comments below if you want to cha quotes. Report Date: Wed May 30, 2012 Page 1 of 25 SECTION I: LIABILITY COVERAGE WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000, on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000., regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. City of Corcoran accepts liability coverage limits of $ 1,500,000 from the League of Minnesota Cities Insurance Trust (LMCIT). ,Chock one: The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature. Positio Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103 -2044 This page has been intentionally left blank CITY OF CORCORAN 2012 ELECTION CALENDAR August 14, 2012 — PRIMARY ELECTION November 6, 2012 — GENERAL ELECTION CITY TO ELECT: Mayor — two year term (Guenthner) Two Council Members — four -year term (Gmach, Milbrandt) Applications for absentee ballots may be taken for primary and general election anytime 46 days prior to election day and must be accepted /rejected up to the day prior to the election. February 7 Precinct Caucuses 7 PM (no governing body meetings held after 6 PM Minn Stat 202A.19 sub. 1) May 1 Mail applications to returning election judges. June (early) Send letters to EJs for training session registration June (late) Send confirmation letters to Us re training session September 4 First day election materials from Nov. 2010 election may be destroyed �ilLStlliL'� June 28 Set up for Absentee Balloting June 28 City Council to appoint election judges for elections (25 or more days prior to election day) June 29 Absentee ballots available (46 days prior to election). June 30 -Aug 10 Within 5 days after receipt of completed absentee ballot(s), ballot board must accept /reject (HF 3111 — MS 203B.08 subd 3); except during 14 days preceding election must deliver all ballots received to the ballot board within 3 days. After 4:30 pm Fri., Aug 6 can begin opening envelopes (MS203B.121 subd 4); remove ballots daily from ballot box; can only count (summary statement) after polls close. July 13 Prepare public accuracy test decks. Test M l 00s and AutoMarks. July 16 Prior to EJ training, finalize polling place lists, PowerPoint, EJ certificates of training, sign -in sheets. July 19 Send notice of public accuracy test to Crow River News to be published Page 1 of 4 July 26. July 24 Voter pre - registration for primary closes. July 31 First day to conduct Public Accuracy test. July 24, 25 Training for election judges. July 27 Notice of public accuracy test posted in Clerk's Office (front lobby). July 27 Notice of Aug 14 state primary posted in Clerk's Office (front lobby). Notice must include the offices to be elected, location of each polling place in the city and the hours for voting. July 27 Post sample primary ballot in Clerk's Office (front lobby). August 6 Public Accuracy Test (given within 14 days prior to ED or 7/31 - 8/13). August 7 Master list of eligible voters available from county August xx Head judge meeting August 11 City Hall open 10 a.m. to 3 p.m. for absentee voting. August 13 City Hall open until 5 p.m. for absentee voting. Last day for voters to deliver, in person, absentee ballot applications and voted ballots. August 13 Set up civic center and council chamber polling places. August 14 Primary Election Polls open 7 a.m. to 8 p.m. Agents may return absentee ballots to City Hall until 3:00 p.m. No public meetings or school events may be held between 6:00 - 8:00 p.m. Absentee ballots transported to central count location August 15 Return election equipment and supplies. August 15 Deliver required documents to Hennepin County LECTION DUTI& July 12 Send notice of candidate filing period to Crow River News for July 19 publications July 30 Assemble candidate filing packets Page 2 of 4 July 31 Candidate filing period opens Candidacy Filing 1. Must be eligible voter in Corcoran (18 +, US citizen, MN resident for 20 days preceding election) 2. Must be 21 years old or more upon assuming office 3. Must have maintained residence in Corcoran 30 days before general election -Must complete affidavit of candidacy. -Sign name on affidavit as it will appear on ballot -2.00 filing fee [filing fee cannot be refunded Minn Stat 204B.11 ] -Names are placed on ballot by lot (Secretary of State Rule 8220.0825), rotated by precinct code August 14 Candidate filing period closes at 5:00 pm August 16 Last day for candidate to withdraw (5:00 pm) September 21 Absentee ballots available (46 days prior to election). September XX Head Judge Meeting Oct 2 - 19 Mail AB Ballots to registered voters. October 4 Send notice of municipal general election to Crow River New to be published October 18 and 25. Post notice at City Hall. October 18 Send notice of public accuracy test to Crow River News to be published October 25. October 11 Send sample ballot for general to Crow River News to be published October 18 and 25. October 16 Voter pre - registration for general closes. October 13 Send reminder notice to candidates re: Campaign Financial Reports Due. October 23 First day to conduct Public Accuracy test. October 21 Notice of public accuracy test posted in Clerk's Office (front lobby). October 26 Notice of municipal general election posted in Clerk's Office. October 26 Campaign Financial Reports due (10 days before Election). October 26 Send reminder notice to candidate re: Notice of Failure to File Reports. October xx Public Accuracy Test. 10:00 am October 23 Sample ballot posted in Clerk's Office (front lobby). Page 3 of 4 November 2 First day before the general election day to open absentee ballots and, duplicate as needed. November 3 City Hall open 10 a.m. to 3 p.m. for absentee voting. November 5 City Hall open until 5 p.m. for absentee voting. Last day for voters to apply in person for absentee ballots. Last day for voters to return completed absentee ballots. November 5 Staff set up of election equipment and supplies in polling places. November 6 General Election Polls open 7 a.m. to 8 p.m. Agents may return absentee ballots to city until 3:00 p.m. No public meetings or school events may be held between 6:00 p.m. and 8:00 p.m. Absentee ballots transported to central count location November 7 Staff returns election equipment and supplies. November 7 Deliver required documents to Hennepin County November 8 City Council to canvass results of General Election. November 16 Last day for a candidate to request a recount. November 19 - 26 Prepare Certificates of Election November xx County Canvassing Board must select, by lot at a public meeting, the precincts for the Post Election Equipment Review (PEER); 4 precincts for Counties with more than 100,000 registered voters at the County Canvass of the State General Election. November xx PEER Phase 1: The Review must be conducted of the votes cast for President, Governor, U.S. Senator, and U.S. Representative and must consist of a manual count of the ballots used in the precincts selected — the review must be completed no later than 2 days before the meeting of the State Canvassing Board to certify the results of the State General Election. November xx PEER Phase 2, if necessary: If the results of the electronic voting system differ from the results of the manual count by more than one -half of one percent, then a second level of review is necessary. At least 3 additional precincts must be reviewed. If the difference is more than one -half of one percent in any of these precincts, Phase 3 is required. The additional review must be completed within 2 days after the initial PEER is completed. Page 4 of 4 This page has been intentionally left blank TO: Mayor and Councilmembers City of Corcoran FROM: Loren Kohnen �f RE: 20112 County Road 10 Corcoran, Minnesota ON -SITE INSPECTION OF STRUCTURE On Thursday, June 28, 2012, an on -site inspection was conducted at the above- captioned premises and the folloing items were noted: 1) Sagging,,roof(s) with holes allowing rain, snow, birds, etc. to enter the building. 2) Porch on front of building is sagging and failing. 3) Building is not secured; doors and windows open allowing public and/ or other elements into the building. 4) Debris and garbage found everywhere in structure. 5) Old refrigerators with latchable doors found in areas open to children and public. 6) Roofs, siding, windows, doors, etc. found rotting. 7) Floors sagging so badly you cannot walk safely on them. 8) We could not enter the basement; to dangerous. 9) Building is one (1) block from a City park. 10) Inspection was made with Mike Pritchard in attendance. 11) Building is declared a hazardous structure and must be removed immediately for the safety and welfare of the general public. 12) Photos were taken. 13) Electricity is still in service to the building and is dangerous. LK ;jg cc: City Administrator City Attorney Box 248, Loretto, Minnesota 55357 HAZARDOUS BUILDING - 20112 Co Rd 10 Mike Pritchard Code Enforcement HAZARDOUS BUILDING - 20112 Co Rd 10 Mike Pritchard Code Enforcement 00 LEAGUE of CONNECTING & INNOVATING MINNESOTA SINCE 1913 CITIES RISK MANAGEMENT INFORMATION COMBATING PUBLIC NUISANCES IN THE COMMUNITY HEY — PICK THAT UP! Dilapidated buildings, inoperable vehicles, trash - infested yards, barking dogs, "problem" properties and other similar conditions are not only health and safety hazards, but can have a detrimental impact on community growth and overall stability. An unfortunate consequence when individuals live or work in close proximity is that the use, misuse, or neglect of property by one person can significantly harm neighboring properties, even the community at- large. This memo is intended to provide a broad overview of some of the more common nuisance conditions, the available remedies (as well as limits on city authority), possible alternative methods of enforcement, nuisance - related expenses, and available means to recover city costs. Nuisances have always been a concern for local officials, but current conditions clearly have sharpened their impact. The continued migration away from rural Minnesota is a challenge for our cities. Some — particularly metro -area suburbs and regional hubs — have been pressed to meet the demands brought by rapid population growth and development. For others, it's the struggle to cope with an aging population and a shrinking industrial and commercial base. In addition, the current housing and financial crisis has resulted in record home foreclosures and a glut of vacant buildings that have impacted rental properties and contributed to the breadth and depth of public nuisances. Cities do have a number of options to address these concerns. WHAT IS A NUISANCE? As defined by statute, a nuisance is anything harmful to health, indecent or offensive to the senses, or obstructs the free and comfortable use of life or property. Our nuisance laws attempt to balance competing interests and uses of property. Simply put, a person does not have the right to create or maintain conditions that end up harming others. In attempting to mitigate these types of injuries, nuisance regulations commonly address neighborhood and land -use issues, such as zoning, building or fire codes, as well as more general, quality of life concerns. With nuisances, whether or not a person intended to cause Definition A nuisance is defined in statute as anything harmful to health, indecent or offensive to the senses or obstructs the free and comfortable use of life or property. harm is often immaterial. Consequence, rather than intent or care, is the primary concern. A nuisance can occur when someone fails to do something that is required, such as a cut one's long grass or weeds. But they also occur when someone does something they shouldn't, such as This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE. WEST PHONE: (651) 281 -1200 FAX: (651) 281 -1298 I N S U 7 ^ N C E TRUST ST. PAUL, MN 55103 -2044 TOLL FREE: (800) 925 -1122 WEB: WWWLMC.ORG allowing garbage or other junk to accumulate on the property. Most nuisances can be classified into two general classes: • Nuisance per se: A "nuisance per se" is an act, occupation, or structure that is considered a nuisance at all times and in all circumstances, regardless of the actual location or surrounding properties. Conduct specifically prohibited by state statute or local ordinances are generally considered nuisances per se. Sometimes these are described as a "nuisance at -law." • Nuisance in fact: A "nuisance in fact" is an act, occupation or structure considered a nuisance based upon its relationship to its surroundings, its location, or the manner in which it is performed or operated. An activity considered a nuisance in a higher density, residential area may be totally appropriate in the city's industrial zone — or perhaps in another city altogether. Public vs. private nuisances The law distinguishes between public and private nuisances. Public nuisances affect a considerable number of people and produce common or general injuries. Because these conditions harm the general public, they can be properly addressed through city action. A private nuisance, on the other hand, harms only one person or a few persons. As such, the prevention or abatement of a private nuisance is generally the responsibility of the individual injured, not the city. In contrast to public nuisances, which are remedied through state prosecutions or abatement actions, private nuisances are typically remedied by private civil actions. Definition A public nuisance affects the general public and can be addressed through city action. A private nuisance harms only one person, or a few, and abatement usually dealt with through civil actions. When determining how to respond to nuisances, city officials must first decide whether something is a public or a private nuisance. Common nuisances As nuisances are generally location - specific, it is often inappropriate to simply label a condition a nuisance without investigating the actual impact upon the community. However, there are broad categories of conduct that often constitute nuisances, including: • Noise violations (barking dogs, lawn equipment, construction, parties, and social events). • Vegetation (weeds, long grass, or overhanging trees). • Motor vehicles (abandoned, junked or unauthorized vehicles). • Street and sidewalk conditions. • Fires (smoke, cinders from chimneys, smokestacks, or campfires). • Animals (running at- large, farm animals, odors, waste). • Water. • Offensive odors. • Property maintenance. • Hazardous Buildings. • Graffiti. 2 NUISANCE CONDITIONS - STATUTORY AUTHORITIES Cities have the opportunity to utilize a combination of methods and authorities to address public nuisance conditions. State law provides criminal consequences for public nuisances as well as a means to cleanup those conditions when necessary. While certain laws apply to public nuisance conditions generally, others are more subject - specific. Criminal prosecutions Anyone who does any of the following may be found guilty of maintaining a public nuisance, a misdemeanor offense: • Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose (rest or relaxation) of any considerable number of members of the public; • Interferes with, obstructs, or renders dangerous for passage, any public highway or right -of- way, or waters used by the public; or • Is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided. Both the individual in control of the public nuisance condition, as well as a property owner who rents property with knowledge of nuisance conditions may be guilty of a misdemeanor. Abatements and injunctions In addition to possible criminal prosecutions, state law also provides a mechanism for obtaining injunctions and orders of abatement. An injunction is an order that requires a person to stop doing something harmful (i.e. refraining from producing loud noises, odors, etc.). An abatement order requires the harmful condition be removed from the property (i.e. cutting weeds or long grass, draining stagnant water, etc.). For purposes of statutory injunction or abatement proceedings, a public nuisance exists upon proof of one or more separate incidents committed within the previous 12 months either within a building or upon the land surrounding the structure of: • Prostitution or prostitution- related activity; • The unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or use of controlled substances; or • The unlawful use or possession of a dangerous weapon. In addition, for purposes of injunction or abatement, a public nuisance also exists upon proof of two or more separate behavioral incidents committed within the previous 12 months within a building (or the land surrounding the structure) o£ • Gambling or gambling - related activities; • Maintaining a public nuisance as defined by Minn. Stat. § 609.74, clause (1) or (3); • Permitting a nuisance to occur in violation of Minn. Stat. § 609.745; • The unlicensed sales of alcoholic beverages without commercial license; • The unlawful sale or gifts of alcoholic beverages to someone under 21 years of age; or • The violation by a commercial enterprise of state or local licensing regulations, state statute or local ordinance prohibiting the maintenance of a public nuisance. 3 Each element must be established by clear and convincing evidence. Hazardous buildings, excavations, and vacant buildings The Hazardous and Substandard Buildings Act provides a process to remedy hazardous buildings or excavations and secure vacant buildings. Hazardous buildings A hazardous building or hazardous property is defined as any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment constitutes a fire hazard or a hazard to public safety and health. Cities typically first notify the owner of record to request the voluntarily repair or removal of the hazardous condition or structure. If the owner is unwilling to repair, or if repair or removal is impractical, a city may, using the statutory procedures: • Upon the consent in writing of all owners of record, tenants and all lien holders of record, the city itself may remove or raze any hazardous building or remove or correct any hazardous condition, assessing the costs incurred against the property. • Acquire the hazardous building(s) or property through the exercise of the city's eminent domain authority. • Order the owner to correct or remove the condition or raze the building and charge the costs against the real property. Hazardous excavations Cities may order an individual to remedy any hazardous excavations on their property. A hazardous excavation is either: • An excavation dug for building purposes that has been left open for more than six months; or • Any excavation or building not filled to grade or otherwise protected after a building is destroyed, demolished, or removed. If the owner does not comply with the order to remedy within 15 days of service, the city may have the excavation filled to grade or otherwise protected and may recover costs through a special assessment. Vacant buildings Vacant properties can also be a detriment to a community's health, safety and general welfare. Unoccupied, unsecured properties can quickly become the breeding ground for rodents, the accumulation of trash, and the target of criminal activities. Cities can order vacant or unoccupied structures to be secured against trespass and provide for the emergency securing of buildings when health and safety concerns require. City costs may also be assessed against the real estate. Noxious weeds The Minnesota Noxious Weed Law requires a person owning land, occupying land, or responsible for the maintenance of public land to control or eradicate all noxious weeds on the land at a time and in a manner ordered by the county agricultural inspector or city weed inspector (who happens to be the city mayor). A "noxious weed" is defined as an annual, biennial, or perennial plant that the commissioner of agriculture designates to be injurious to public health, the environment, public roads, crops, livestock, or other property. Local weed inspectors may, after providing individual notice and the opportunity to self - remedy, remove noxious weeds themselves and with the costs collected with property taxes. A violation of the Noxious Weed Law is a misdemeanor offense. Motor vehicles Certain motor vehicles are considered health and safety hazards. Since they can be attractive to children and harbor rodents or other pests, cities may take into their custody any abandoned, junk, or unauthorized motor vehicles, including: • Abandoned Vehicle: A motor vehicle that has been left illegally on public or private property and lacks vital components or is in an inoperable condition with no real potential for further use, unless it is being kept in an enclosed garage or storage building. • Junk Vehicle: A motor vehicle that is three years or older, extensively damaged (i.e., broken or missing wheels, motor, drive train, or transmission), apparently inoperable, lacks a valid, current registration plate, and it's fair market value approximately equal only to the vehicle's scrap metal worth. • Unauthorized Vehicle: A motor vehicle that does not fall within the definitions of abandoned or junk vehicles, but may be impounded when left unattended on public or private property for a specific period of time. A city must provide notice to the registered vehicle owner and any lien holders within five days of impounding a vehicle. The notice must provide the: • Date and place of the taking, • Vehicle's year, make, model, and serial number, • Location the vehicle is being held, • Right to reclaim the vehicle, and • Consequences for failing to reclaim the vehicle or its contents. The owner (or lien holder) may reclaim the vehicle upon payment of all towing and storage charges. An abandoned or junk vehicle may be sold 15 days after notice is provided to the owner. Unauthorized vehicles are eligible for sale 45 days after notice is provided to the owner. The city may reimburse itself for towing, storage, and administrative costs from the proceeds of the sale. Any remaining proceeds are held for the owner for 90 days, and then deposited into the city's treasury if unclaimed. Anyone who abandons a motor vehicle on public or private property without consent of the property owner is guilty of a misdemeanor. Garbage houses 5 Under the Local Public Health Act, a city or county board of health may take actions to remove and abate public health nuisances. To enforce public health laws, ordinances or rules, a member or agent of a board of health may enter a building, conveyance, or place where contagion, infection, filth, or other source or cause of preventable disease exists or is reasonably suspected. If a threat to public health is found on any property, the board of health must order the property owner to remove or abate that threat. Cleanup costs may be assessed against the property. As few cities operate their own boards of health, cooperation with county officials is typically required. State building code The Minnesota State Building Code was established to provide minimum standards for building construction and remodeling to protect health and safety while containing construction costs. Proponents of the building code contend it helps a community reduce or eliminate blight and substandard structures. The state building code is standard for all construction within the state, it may not be enforceable outside the 7- county metropolitan area unless adopted by city ordinance. MUNICIPAL REGULATIONS In addition to the criminal penalties and abatement measures provided in state statutes, cities can adopt local measures to exercise authority related to general nuisance issues. In statutory cities, the city council has specific authority to define nuisances and provide for prevention or abatement. Most home rule charter cities have similar authority through a specific charter provision or general grant of authority to provide for the community's health safety and welfare (and absent any specific charter provision, charter cities may exercise the powers of a statutory city). There is often significant overlap between statutory authorities and those created by city ordinance. Nuisance ordinances Though not required, a city may best be able to control public nuisances through the adoption of a nuisance ordinance (or collection of city ordinances) that defines and classifies nuisances, provides for their abatement, and establishes penalties for noncompliance. Because city ordinances have the force and effect of law, their form, content and the procedure used for adoption are all important. Ordinance language is critical to effective city efforts. Not properly defining terms, or using terms too vague or broad to be enforceable, is a common problem. Conversely, an ordinance may be drafted so specifically that it does not cover all intended violations. City ordinances often mirror the provisions provided in state law, but also include specific acts or omissions to provide local officials direction in enforcing nuisance violations and compliance methods. Ordinances may only regulate public nuisances, however, and may not declare something a public nuisance that would otherwise be considered a private nuisance, relatively harmless, or simply not a nuisance at all. Criminal penalties Most nuisance ordinances include language providing that prohibited conditions will constitute a misdemeanor offense. A misdemeanor is a crime for which a sentence of not more than 90 days or a fine of not more than $1,000 (or both) may be imposed. While criminal prosecutions require a higher burden of proof (beyond a reasonable doubt), a possible criminal conviction can provide incentive for the individual to bring their property into compliance. rel Orders of abatement Many cities attempt to avoid the judicial process by including within their local ordinances the authority to abate nuisance conditions themselves. Mindful of property rights and the need to provide adequate due process, a city ordinance may provide for: • Property inspections (which may require obtaining the necessary warrants) and documentation of any nuisance condition or activity. • Written notice of the finding of a violation of city ordinance provided to owners or operators. • An opportunity to contest the nuisance finding with the city council or selected neutral. • Written notice of the date when the violation of city ordinance must be remedied. A possible second written notice when the condition has not been corrected. Notice of the court date if the city seeks a court order declaring the nuisance condition. • City clean -up of the nuisance condition. • When personal property is removed in the clean -up process, an inventory of all property collected, notice of where the property can be reclaimed, as well as the date upon which it must be reclaimed, or will be disposed of (sold or destroyed) by the city. Depending upon the property involved, there may be specific statutory procedures to follow. • An inventory of all costs involved (i.e., clean -up and storage). • A claim sent to the property owner for the total costs of abatement, as well as how costs will be collected, including possible certification and collection with property taxes. Administrative enforcement As an alternative to seeking remedy with our state courts, many cities have adopted an administrative enforcement process for dealing with nuisance conditions. An administrative process is a quasi, non judicial alternative remedy where individuals are afforded the opportunity to present their side before an administrative hearing officer, the city council, or other appointed panel. When violations are found, penalties are imposed without filing an action in district court. Advantages to establishing an administrative process is that it is: • Less formal, • Less costly, and • Potentially less intimidating than the court system. The accused is given the opportunity to come into compliance, with collected monies retained by the city. Because both the state auditor and attorney general have questioned city authority to establish local processes, cities contemplating such an ordinance must work closely with their city attorney. Licenses and permits Cities also address nuisance conditions through common regulatory means, such as city licenses, permits and other forms of required registration. The use of licenses or permits offer cities an effective means to monitor compliance. The conditions included within the application process help ensure an applicant can comply with ordinance requirements before the license or permit is issued. If it is found at a later time that the license or permit holder is not acting in compliance, the 7 city can suspend, revoke or deny renewal — even close a business unless or until it is brought back into compliance. Licensing practices can provide broad benefits to local communities by addressing direct and secondary impacts of particular activities. With licenses and similar means, cities often regulate: • The consumption or sale of alcohol. • The conduct of adult businesses. • Lawful gambling. • Open burning or outdoor stoves. • The operations of peddlers, solicitors and transient merchants. • The use of city streets and sidewalks. • Animals. • Vacant and rental properties. An additional benefit with licensing or permitting systems is the collection of a fee. A proper license fee can include the law enforcement or city staff costs required to properly enforce the license conditions and prevent the negative consequences that may occur. Land use regulations Zoning ordinances and other land use regulations can significantly mitigate those detrimental consequences when people live and work in close proximity to one another. These regulations determine what may be permitted, conditionally permitted, or prohibited within any district or zone within your city. Setbacks, height restrictions, and density requirements mandate reasonable distances between homes or other buildings or the number of structures allowed per lot or area. A truth in housing (or point of sale) inspection requires that harmful situations are to be remedied prior to the sale of property and specifically informing buyer and seller of any such conditions. Development agreements and bonds even provide a means for cities to finance the completion of roads or other improvements when a developer fails to deliver. A land use tool known as a conditional use permit (CUP) is a good illustration of how these types of regulations should also be considered public nuisance regulations. Conditional uses seek to strike a middle ground between the unchecked approval of a particular use and complete prohibition. If certain conditions are followed to minimize problematic or nuisance features, the use will be allowed. If the conditions are not followed, the permit may be revoked. Consumption of police services Some cities have adopted ordinances declaring the excessive use of police services to be a public nuisance. Under these regulations, the costs of those excessive, unnecessary police services are pushed back onto those individuals whose nuisance activities resulted in repeat police responses (and costs) to one location. Cities adopting such measures must be careful not to impede an individual's right to seek police or other emergency assistance when needed. MEANS OF ENFORCEMENT M. There is no one blueprint for effective nuisance enforcement. Each city responds to nuisance activities in their own manner, based upon their city finances and staffing needs, as well as the community's interests or concerns. Whatever approach is ultimately used should be formally adopted as a city policy. It should be specific enough to defend against claims of unequal treatment, yet provide enough flexibility to address the various circumstances that may arise. Enforcement officers A city will need to decide who is responsible for enforcing its nuisance regulations. As ordinance violations are misdemeanor offenses, city law enforcement will certainly play a large role. However, when regulating nuisances, cities also rely on: • City administration • Civilian code enforcement officers • Hearing officers • Building inspectors • Animal control officials • Street and sanitation departments • State officials (MPCA, Building Codes & Standards, DNR) • Private contractors It is important to consider these human resources when drafting your ordinances or policies. A city should not adopt ordinances or policies it will not have the ability to enforce. Complaint -based enforcement Many cities enforce their ordinances only when they receive complaints from residents. A complaint- driven city policy may provide: • Logging all complaints* received, with date received and location. • Processing complaints to the appropriate city official or department. • Inspecting alleged violations. • When nuisance conditions are located, providing notice to the property owner or offender. • Administrative, civil, or criminal actions to obtain compliance. • Follow -up letters to complainants, indicating abatement efforts, impending prosecution or confirmation that no violation was found. A complaint- driven approach to public nuisances can be less taxing on city resources, but can allow nuisances to exist for longer periods of time, creating more complex situations and costly remedies. Delayed enforcement can also cause a negative impact in the community, lowering property taxes, and impacting community vitality. *It is important to remember that the identity of individuals who register complaints with the city concerning violations of state law or local ordinances concerning the use of real property are classified as confidential under the Minnesota Government Data Practices Act. Inspection -based enforcement X If a city wants to take a more proactive approach and minimize the impact of nuisances, it can establish an active investigation program to seek out potential violations and require compliance with city regulations. Inspection programs are common practices and most likely are currently being used in the city for: city street and sidewalk conditions; water and sewer systems; liquor and other licensed commercial establishments; and rental housing. When conducting nuisance - related inspections, city staff: • Collect and record all relevant facts and data, including the name of the alleged violator, location and nature of the violation, photographing conditions and recording observations on those conditions; • Analyze all the information to determine if a nuisance condition exists; • Document conclusions and recommend a course of action; and • Provide owner or offender notice of condition and expected course of correction and/or consequences for noncompliance. City budgets and resources often determine how proactive a city may be in investigating nuisance conditions in addition to responding to complaints as they may arise. Active inspection programs should also operate in accordance with adopted policies that prioritize inspections based on those community needs and city resources. Training Cities should consider training its employees involved in nuisance enforcement. This type of training may include: • Assistance in how ordinances are interpreted; • Proper inspection methods and private property rights; • Administrative search warrants; • Appropriate citizen interactions; and • Any other relevant information. When changes are made to city ordinances or enforcement policies, city officials should always be advised and instructed on how those changes impact present practices. Documentation City officials will need to document and maintain records of their nuisance abatement activities. Staff notes, photographs, video recordings and copies of notices will all help the city prove that a nuisance condition existed. Adequate records will assist city staff in refreshing their recollections when testifying — perhaps more important in larger cities with many nuisance conditions occurring at any one time. It is also important to consider what equipment would be helpful (such as a digital camera) for documenting your enforcement activities. PRIVATE PROPERTY RIGHTS Nuisance enforcement measures often lead city inspectors to nuisance conditions on private property, whether it is residential, industrial, commercial, or otherwise. Entry onto private property for licensing, nuisance, or hazardous building purposes is subject to the same requirements as any other government intrusion onto private property. The Fourth and Fourteenth Amendments to the U.S. Constitution prohibit unreasonable searches and seizures. Individuals have a reasonable 10 expectation of privacy on their property. Care must be taken to ensure the city does not violate the property owner's right to be free from unreasonable searches. To enter private property, government officials normally must either have the owner's permission or have first obtained a search warrant. Plain view When a city official is able to observe a violation from a public street, sidewalk, or neighboring property (provided that neighboring property owner granted permission to be there), a person can be charged with an ordinance violation. The observation must provide the official all the information necessary to determine the nuisance condition exists. Common examples of nuisances that can exist and be classified as such from a plain view can include diseased trees, noxious weeds, long grass, the accumulation of junk, and noise. The U.S. Supreme Court has held that when a criminal act or violation is within plain view, there is no violation of the Fourth Amendment and seizure may be permissible without first obtaining a warrant. However, if the nuisance condition is not serious enough to warrant immediate abatement, officials should provide notice to the offender of the condition and an opportunity for self - remedy. Consent Consent searches are important tools for local officials as an individual's consent will legitimize investigations that would otherwise be invalid under Fourth Amendment provisions. Consent may be given by the owner or tenant of the property, or by an individual in control of the premises. Consent must be given voluntarily. Courts have upheld consent searches when individuals provide a "welcoming action" such as waving instead of providing a verbal response. An individual does not have to be told they have a right to refuse entry, but an inspector cannot insist entering or other acts of coercion if entry is denied. When possible, obtain a written consent prior to entering private property. Administrative search warrants If the city does not have consent from the property owner, it must obtain an administrative search warrant before entering private property. The warrant process protects an individual's privacy against arbitrary invasions by the government. Steps taken to preserve privacy are relevant when considering entry issues. Evidence collected in violation of the Fourth Amendment may be excluded, making it difficult to obtain a conviction or other desired result. Violations of constitutional rights could subject the city to penalties as well. To obtain an administrative search warrant, the city must show probable cause why its request to enter private property is justified. The application for a warrant must describe the city's inspection program and establish how the particular inspection requested falls within the scope of the ordinance. City officials should assume an administrative warrant will be required to enter the premises for purposes of inspection or investigation unless: • An emergency exists — as an imminent threat to the public's safety, health or general welfare; • An appropriate person has granted consent to enter; 11 • The place to be inspected is heavily regulated, such a liquor stores, firearms dealers, junkyards, etc.; or • Inspection is required as part of city licensing. DUE PROCESS Non - emergencies In non - emergency situations, a property owner must be provided notice of alleged ordinance violations and the opportunity to remedy the condition before the city can exercise police powers and abate the nuisance condition itself. This notice should provide: • The nature of the violation and the city ordinance in violation. • The necessary remedy for the condition. • The date by which the correction must made or the city will abate the condition itself. • The right to request a hearing and the date by which the request must be made. • A description of the penalties if the condition is not corrected. • Notice that costs incurred may be assessed against the property. This reflects the procedural requirements for abatements as provided in state statutes. The city should provide a reasonable period of time for the individual to correct the nuisance condition. For example, the state statutory option provides 30 days before an abatement action is filed. Reasonable time is subjective, depending upon the type and severity of the violation. Too much time may frustrate efforts to prosecute conditions of noncompliance. For example, if the condition really was a detriment to the general public's health, safety and welfare why was it allowed to remain for such a long time? When the identity of the person maintaining a nuisance condition is known, notice should be provided by personal service or service by mail (posting notice on the property may also be sufficient). If the person is unknown, publication can be sufficient, but the city's diligence in determining identity or residency may come into question. Emergencies - summary abatement While cities typically must provide notice and a chance to respond to nuisance conditions, there are limited circumstances that may justify dispensing with standard procedures. There are situations so dangerous that require immediate repair or elimination, such as: • Open wells. • Abandoned machinery and appliances (i.e. "locking" refrigerators). • Downed power lines. • Fallen trees. • Obstructed streets and sidewalks. • Raw sewage. The power to summarily abate nuisances is limited, based upon actual necessity as defined and provided by ordinance. When summary action is necessary, city officials need to document the circumstances, prepare reports, and take photographs to support and defend its actions if necessary. 12 SPECIAL ASSESSMENTS Special assessments are a charge imposed on properties for a particular improvement that benefits the owners of those selected properties. The authority to use special assessments originates in the Minnesota Constitution. Cities and other governmental entities have the authority to levy and collect assessments for local improvements that benefit properties. Generally, cities use assessments to finance a variety of public improvements, but may also use them to collect unpaid service charges. Statutory or charter procedures and notice requirements must be followed. Cites may, through city ordinance, require that property owners perform certain property - related services. If the city performs the services, it may assess the property benefited or all or any part of the cost of: • Snow, ice, or rubbish removal from sidewalks; • Weed elimination from streets or private property; • Removal or elimination of public health or safety hazards from private property; • Installation or repair of water service lines, street sprinkling or other dust treatment of streets; • Trimming and care of trees and removal of unsound trees from any street; • Treatment and removal of insect infested or diseased trees on private property • Repair of sidewalks and alleys; • Inspections relating to municipal housing maintenance code violations; or • Delinquent vacant building registration fees under a municipal program designed to identify and register vacant buildings. Special assessments levied to recover these costs may be payable in a single installment or by up to ten equal annual payments. The city must pass an ordinance to make this authority effective. The special assessment statute can also apply to home rule charter cities in absence of a specific charter or ordinance provision governing assessment procedures within that jurisdiction. A city may also recover costs incurred remedying hazardous buildings, excavations or securing vacant buildings though separate assessment processes. CONCLUSION Cities have broad authority to define, penalize and abate public nuisance activities and conditions, but this authority is not limitless. Cities do not have the power to intervene over private nuisances, nor should they declare conditions to be nuisances that in fact are not. Be proactive in your approach to nuisance conditions in your community. Review your city ordinances and procedures to continue to meet your community's needs and concerns. Local authority must not be More Information For more information, please visit the Resource Library of the LMC web site at www.imc.org to download: Public Nuisances used arbitrarily, but city officials must be prepared to enforce whatever provisions are adopted. Be prepared to support your regulations with adequate staffing and financial resources. Work with all relevant individuals for whatever support they may be able to provide. Scott Kelly, March 2009 13 1311.0206 SECTION 206, UNSAFE BUILDINGS OR STRUCTURES. GREB Section 206 is deleted in its entirety and replaced with the following: SECTION 206 UNSAFE BUILDINGS OR STRUCTURES All buildings or structures regulated by these guidelines that are structurally unsafe or not provided with adequate egress, that constitute a fire hazard, or that are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary, and other appendages or structural members that are supported by, attached to, or a part of a building and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in these guidelines are designated, for the purposes of this section, unsafe building appendages. The building official shall order any building or portion of a building to be vacated if its continued use is dangerous to life, health, or safety of the occupants. The order shall be in writing and shall state the reason or building code for the action. All unsafe buildings, structures, or appendages are public nuisances and must be abated by repair, rehabilitation, demolition, or removal, according to Minnesota Statutes, sections 463.15 to 463.26. Statutory Authority: MS s 16B.59; 168.61; 168.64; 3268.101; 32613.106; 326B.13 History: 27 SR 1479; L 2007 c 140 art 4 s 61; art 13 s 4 https: / /www.revisor.mn.gov /statutes 7/6/2012 463.15 DEFINITIONS. Subdivision 1.Coverage. For purposes of sections 463.15 to 463.26 the terms defined in this section have the meanings given them. Subd. 2.Building. "Building" includes any structure or part of a structure. Subd. 3.Hazardous building or hazardous property. "Hazardous building or hazardous property" means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. Subd. 3a.Municipality. "Municipality" means a county, city, or town. Subd. 4.Owner, owner of record, and lienholder of record. "Owner," "owner of record," and "lienholder of record" means a person having a right or interest in property described in subdivision 3 and evidence of which is recorded in the office of the county recorder or registrar of titles in the county in which the property is situated. 463.151 REMOVAL BY MUNICIPALITY; CONSENT; COST. The governing body of any municipality may remove or raze any hazardous building or remove or correct any hazardous condition of real estate upon obtaining the consent in writing of all owners of record, occupying tenants, and all lienholders of record; the cost shall be charged against the real estate as provided in section 463.21, except the governing body may provide that the cost so assessed may be paid in not to exceed five equal annual installments with interest thereon, at eight percent per annum. 463.152 EXERCISE OF EMINENT DOMAIN. Subdivision 1.Purpose, public interest. In order to maintain a sufficient supply of adequate, safe, and sanitary housing and buildings used for living, commercial, industrial, or other purposes or any combination of purposes, it is found that the public interest requires that municipalities be authorized to acquire buildings, real estate on which buildings are located, or vacant or undeveloped real estate which are found to be hazardous within the meaning of section 463.15, subdivision 3, and the acquisition of such buildings and real estate is hereby declared to be a public purpose. Subd. 2.Acquisition; procedure. https: / /www.revisor.mn.gov /statutes 7/6/2012 In furtherance of the public policy declared in subdivision 1, the governing body of any municipality may acquire any hazardous building, real estate on which any such building is located, or vacant or undeveloped real estate by eminent domain in the manner provided by chapter 117. 463.16 REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION. The governing body of any municipality may order the owner of any hazardous building or property within the municipality to correct or remove the hazardous condition of the building or property or to raze or remove the building. 463.161 ABATEMENT. In the manner prescribed in section 463.21 the governing body of any municipality may correct or remove the hazardous condition of any hazardous building or property; the cost of which shall be charged against the real estate as provided in section 463.21 except the governing body may provide that the cost so assessed may be paid in not to exceed five equal annual installments with interest therein, at eight percent per annum. 463.17 ORDER. Subdivision 1.Contents. The order shall be in writing; recite the grounds therefor; specify the necessary repairs, if any, and provide a reasonable time for compliance; and shall state that a motion for summary enforcement of the order will be made to the district court of the county in which the hazardous building or property is situated unless corrective action is taken, or unless an answer is filed within the time specified in section 463.18. Subd. 2.Service. The order shall be served upon the owner of record, or the owner's agent if an agent is in charge of the building or property, and upon the occupying tenant, if there is one, and upon all lienholders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon the owner by posting it at the main entrance to the building or, if there is no building, in a conspicuous place on the property, and by four weeks' publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the county. Subd. 3.Filing. A copy of the order with proof of service shall be filed with the court administrator of district court of the county in which the hazardous building or property is located not less than five days prior to the filing of a motion pursuant to section 463.19 to enforce the order. At the time of filing such order the municipality shall file for record with the county recorder or registrar of titles a notice of the pendency of the proceeding, describing with reasonable certainty the lands affected and the nature of the order. If https: / /www.revisor.mn.gov /statutes 7/6/2012 the proceeding be abandoned the municipality shall within ten days thereafter file with the county recorder a notice to that effect. 463.18 ANSWER. Within 20 days from the date of service, any person upon whom the order is served may serve an answer in the manner provided for the service of an answer in a civil action, specifically denying such facts in the order as are in dispute. 463.19 DEFAULT CASES. If no answer is served, the governing body may move the court for the enforcement of the order. If such a motion is made the court may, upon the presentation of such evidence as it may require, affirm or modify the order and enter judgment accordingly, fixing a time after which the governing body may proceed with the enforcement of the order. The court administrator shall cause a copy of the judgment to be mailed forthwith to persons upon whom the original order was served. 463.20 CONTESTED CASES. If an answer is filed and served as provided in section 463.18, further proceedings in the action shall be governed by the Rules of Civil Procedure for the District Courts, except that the action has priority over all pending civil actions and shall be tried forthwith. If the order is sustained following the trial, the court shall enter judgment and shall fix a time after which the building must be destroyed or repaired or the hazardous condition removed or corrected, as the case may be, in compliance with the order as originally filed or modified by the court. If the order is not sustained, it shall be annulled and set aside. The court administrator of the court shall cause a copy of the judgment to be mailed forthwith to the persons upon whom the original order was served. 463.21 ENFORCEMENT OF JUDGMENT. If a judgment is not complied with in the time prescribed, the governing body may cause the building to be repaired, razed, or removed or the hazardous condition to be removed or corrected as set forth in the judgment, or acquire the building, if any, and real estate on which the building or hazardous condition is located by eminent domain as provided in section 463.152. The cost of the repairs, razing, correction, or removal may be: a lien against the real estate on which the building is located or the hazardous condition exists, or recovered by obtaining a judgment against the owner of the real estate on which the building is located or the hazardous condition exists. A lien may be levied and collected only as a special assessment in the manner provided by Minnesota Statutes 1961, sections 429.061 to 429.081, but the assessment is payable in a single installment. When the building is razed or removed by the municipality, the governing body may sell the salvage and valuable materials at public auction upon three days' posted notice. 463.22 STATEMENT OF MONEYS RECEIVED. https: / /www.revisor.mn.gov /statutes 7/6/2012 The municipality shall keep an accurate account of the expenses incurred in carrying out the order and of all other expenses theretofore incurred in connection with its enforcement, including specifically, but not exclusively, filing fees, service fees, publication fees, attorney's fees, appraisers' fees, witness fees, including expert witness fees, and traveling expenses incurred by the municipality from the time the order was originally made, and shall credit thereon the amount, if any, received from the sale of the salvage, or building or structure, and shall report its action under the order, with a statement of moneys received and expenses incurred to the court for approval and allowance. Thereupon the court shall examine, correct, if necessary, and allow the expense account, and, if the amount received from the sale of the salvage, or of the building or structure, does not equal or exceed the amount of expenses as allowed, the court shall by its judgment certify the deficiency in the amount so allowed to the municipal clerk for collection. The owner or other party in interest shall pay the same, without penalty added thereon, and in default of payment by October 1, the clerk shall certify the amount of the expense to the county auditor for entry on the tax lists of the county as a special charge against the real estate on which the building or hazardous condition is or was situated and the same shall be collected in the same manner as other taxes and the amount so collected shall be paid into the municipal treasury. If the amount received for the sale of the salvage or of the building or structure exceeds the expense incurred by the municipality as allowed by the court, and if there are no delinquent taxes, the court shall direct the payment of the surplus to the owner or the payment of the same into court, as provided in sections 463.15 to 463.26. If there are delinquent taxes against the property, the court shall direct the payment of the surplus to the county treasurer to be applied on such taxes. 463.23 PAYMENT, TENDER, DEPOSIT IN COURT. The net proceeds of a sale under section 463.21 or 463.24 shall be paid to persons designated in the judgment in the proportions as their interests shall appear therein. Acceptance of such payment shall be taken as a waiver of all objections to the payment and to the proceedings leading thereto on the part of the payee and of all persons for whom the payee is lawfully empowered to act. In case any party to whom a payment of damages is made be not a resident of the state, or the place of residence be unknown, or the party be an infant or other person under legal disability, or, being legally capable, refuses to accept payment, or if for any reason it be doubtful to whom any payment should be paid, the municipality may pay the same to the clerk, to be paid out under the direction of the court; and, unless an appeal be taken such deposit with the clerk shall be deemed a payment of the award. 463.24 PERSONAL PROPERTY OR FIXTURES. If any building ordered razed, removed, or made safe and sanitary by repairs contains personal property or fixtures which will unreasonably interfere with the razing, removal, or repair of such building, or if the razing or removal of the building makes necessary the removal of such personal property or fixtures, the original order of the governing body may direct the removal of such personal property or fixtures within a reasonable time. If the property or fixtures are not removed by the time specified, and the governing body subsequently desires to enforce a judgment under sections 463.15 to 463.26, it may sell the same at public auction as provided in section 463.21, or if without appreciable value, the governing body may destroy the same. https: / /www.revisor.mn.gov /statutes 7/6/2012 463.25 HAZARDOUS EXCAVATIONS. If in any municipality, an excavation for building purposes is left open for more than six months without proceeding with the erection of a building thereon, whether or not completed, or if any excavation or basement is not filled to grade or otherwise protected after a building is destroyed, demolished or removed, the governing body may order such excavation to be filled or protected or in the alternative that erection of a building begin forthwith if the excavation is for building purposes. The order shall be served upon the owner or the owner's agent in the manner provided by section 463.17. If the owner of the land fails to comply with the order within 15 days after the order is served, the governing body shall cause the excavation to be filled to grade or protected and the cost shall be charged against the real estate as provided in section 463.21. 463.251 SECURING VACANT BUILDINGS. Subdivision 1.Definitions. The following terms have the meanings given them for the purposes of this section. (a) "City" means a statutory or home rule charter city. (b) "Neighborhood association" means an organization recognized by the city as representing a neighborhood within the city. (c) "Secure" may include, but is not limited to, installing locks, repairing windows and doors, boarding windows and doors, posting "no- trespassing" signs, installing exterior lighting or motion - detecting lights, fencing the property, and installing a monitored alarm or other security system. Subd. 2.Order; notice. (a) If in any city a building becomes vacant or unoccupied and is deemed hazardous due to the fact that the building is open to trespass and has not been secured and the building could be made safe by securing the building, the governing body may order the building secured and shall cause notice of the order to be served upon the owner of record of the premises or the owner's agent, the taxpayer identified in the property tax records for that parcel, the holder of the mortgage or sheriff's certificate, and any neighborhood association for the neighborhood in which the building is located that has requested notice, by delivering or mailing a copy to the owner or agent, the identified taxpayer, the holder of the mortgage or sheriff's certificate, and the neighborhood association, at the last known address. Service by mail is complete upon mailing. (b) The notice under this subdivision must include a statement that: (1) informs the owner and the holder of any mortgage or sheriff's certificate of the requirements of subdivision 3 and that costs may be assessed against the property if the person does not secure the building; https: / /www.revisor.mn.gov /statutes 7/6/2012 (2) informs the owner and the holder of any mortgage or sheriff's certificate that the person may request a hearing before the governing body challenging the governing body's determination that the property is vacant or unoccupied and hazardous; and (3) notifies the holder of any sheriff's certificate of the holder's duty under section 582.031, subdivision 1, paragraph (b), to enter the premises to protect the premises from waste and trespass if the order is not challenged or set aside and there is prima facie evidence of abandonment of the property as described in section 582.032, subdivision 7. Subd. 3.Securing building by city; lien. If the owner of the building or a holder of the sheriff's certificate of sale fails to either comply or provide to the governing body a reasonable plan and schedule to comply with an order issued under subdivision 2 or to request a hearing on the order within six days after the order is served, the governing body shall cause the building to be properly secured and the cost of securing the building may be charged against the real estate as provided in section 463.21. In the metropolitan area, as defined in section 473.121, subdivision 2, the governing body may work with neighborhood associations to develop and implement plans to secure vacant buildings in a timely and cost - effective fashion. The city may use rehabilitation and revitalization funds in implementing this section. Subd. 4.Emergency securing. A city may provide by ordinance for emergency securing of a building that presents an immediate danger to the health and safety of persons in the community. 463.26 LOCAL ACTS AND CHARTER PROVISIONS. Sections 463.15 to 463.26 are supplementary to other statutory and charter provisions and do not limit the authority of any city to enact and enforce ordinances on the same subject. 463.261 RELOCATION BENEFITS. Notwithstanding the provisions of section 117.56, or any other law to the contrary, all acquisitions of buildings and real estate upon which buildings are located by governmental subdivisions pursuant to the exercise of the power of eminent domain as provided in section 463.152 shall be acquisitions for the purposes of sections 117.50 to 117.56. https: / /www.revisor.mn.gov /statutes 7/6/2012 This page has been intentionally left blank AAN 4CTIH-ITECTS TO: Daniel Donahue, City of Corcoran FROM: Andrew Cooper, Oertel Architects RE: Questions regarding the final report, proposed scope and overall cost June 28, 2012 Dear Mr. Donahue: I understand you have a couple questions regarding the final report for the public works study. I will attempt to answer your questions one by one as you listed them in your email to me on June 27. Does the main vehicle storage building need to be sprinklered? The office section? Is this something I [Dan Donahue] need to address with our building official? The answer to all questions is yes. The occupancy rating, size and construction type of each space does require that all spaces need sprinklering. For example, in the vehicle storage and maintenance area we use an S 1 building occupancy classification. The size of the spaces indicated in the study would require that entire area to be sprinklered. There are a few exceptions, but those exceptions would limit the scope of the project to become useless and add additional cost just to avoid sprinklering. What is the minimum [restroom and break rooms] needed at this time. I [Dan Donahue] assume we can finish or add to these spaces at a later date or as needs arise. The minimum number of break rooms is really one, but depends on the size of staff and the intended additional uses. In projects such as this that are major fiscal investments by the city, it is good to plan for multiple and frequent use of a space, therefore getting more for you construction dollar. You can always add or finish space as needed in the future, however spaces that are "office" activity oriented are not easily (logistically) or cost effectively added to the building, often costing more down the road then with the initial construction. Restrooms being the most costly because of the mechanical and plumbing work associated with those spaces. Those are facilities where the minimum number should be for the ultimate size of the facility, as shown on the program. Factors that cause that cost increase include, but not limited to: Economy of scale, mechanical and electrical system design (including fire protection), minimal relative cost to "finish" built space versus building the physical space. (A CHITECTS Do you [Andrew Cooper, Oertel Architects] think it is possible to undertake a first step at a cost of no more than $2.5 million (assuming a deliverable site needed no remediation of soil corrections ?) If the city determines that a project construction budget is $2.5 million (not including soft costs), yes, you can get a building for that amount. In the schematic design phase of a full facility, we could further detail and identify the scope and quality for this and future phasing that you can get for that amount and the cost of future facility expansion projects. I have to point out that the study was done to show you, the City of Corcoran, what you need based on what is typical among the other Public Works Departments in Minnesota, specifically the seven county "metro" area, based on our extensive experience. This study was not limited by scope or budget. We will assist the city in determining, based on the study, the scope or budget or quality of the project. Of these three aspects, any client can have two of the three, but not all three: If you have a budget, you can get close to the scope required, however you may not get the quality, vise versa you could get the quality, but not the scope. Can we get 18 -20, 000 square feet of storage with 2, 000 square feet of office, mechanics bay(s) and wash bay for$2.5 million? I would say that nothing is impossible and you could get some level of a "facility" for that cost close to those square footages. Keep in mind that even without remediation or soils correction, there is still a considerable amount of earthwork to be done on an undeveloped site and you also need to factor in the well design and septic design. These costs in comparison to the actual building cost are between 35% and 40% of the construction budget. Also, the price per square foot as we noted in our cost estimate may not wholly absorb the fire sprinkler design as it is associated with being on a well supplied system which can be a costly, but necessary aspect of the project. We won't know that for sure until the system design is at a level of completion to determine that. Based on the site plan in the study, the building program and our price per square foot in the cost estimate, and limiting the amount of site work to just around a facility of a much smaller scope, below is what could be considered based on our previous cost estimate: (A CHITECTS REDUCED SCOPE OPTION Based on Stud S /Ft Price per OFFICE $250,000.00 2,000 $125.00 VEHICLE PARKING $1,260,000.00 18,000 $70.00 MAINTENANCE $350,000.00 3,500 $100.00 WASH BAY $104,000.00 1,300 $80.00 SALT BUILDING RELOCATION $40,000.00 PAVING $212,500.00 85,000 $2.50 EARTHWORK $465,000.00 155,000 $3.00 FUEL ISLAND - SOFT COSTS A/E FEES $187,705.00 Inspections, FFE, Telecom/Security $125,000.00 Contingency $200,000.00 Site work subtotal $717,500.00 Building only subtotal TOTAL PROJECT COST $1,964,000.00 $3,194,205.00 The cost estimate above indicated a total building construction of about $2.6 million. A couple of notes to consider: 1. The vehicle storage number of 18,000 square foot is about 80% of what you need, per program for your current vehicle fleet storage needs. You would probably have to maintain your existing site to keep seasonal equipment, or store seasonal equipment out doors on site to mitigate the building space. You could also store vehicles in the drive lane shown on the plan, but that is something that should be chosen by staff operationally, rather that us suggesting it as a sound storage method. 2. The office area of 2,000 square feet would include the locker and restrooms as programmed, the breakroom/kitchen as programmed, an open office area and mechanical /electrical /miscellaneous spaces. It would be laid out and designed in such a way to allow for future expansion. 3. The maintenance area at 3,500 is a single, multi -use bay with some support space (tool and parts storage, lube /fluids storage) with a mezzanine above the support space. The cost per square foot for this space has been reduced to demonstrate a drop in quality. For instance, this price per square foot would most likely not include an overhead crane, or lube distribution system. This space can also be laid out and designed so that the wash bay could be converted into a maintenance bay and additional space and equipment can be added in future phases. 4. The amount of earthwork and paving could be reduced or mitigated with design and layout changes, but these square footages are estimates proportional to the previous full building estimate. The cost per square foot for each portion assumes mechanical and electrical associated work, and a utilitarian, durable building material and construction, such as precast wall panels, brick or block wall finish, etc. (A CHITECTS Conclusion I hope this answers your questions at this time, and hopefully helps you understand a little more what can be done to get you a project size and scope that you and the city can support and move forward with. I look forward to meeting with you and the council to discuss the study, these questions and more at the next available council meeting. Let me know if you have any other questions that I can address. Thank you. Sincerely, Andrew Cooper - Oertel Architects This page has been intentionally left blank CLAIMS LISTING CHECK RANGE 19822-19864 Agenda Item 13 a -c. Council Meeting Date: 7/12/2012 Prepared By: jheinecke Agenda Item: 13a. FUND #500 Escrow Claims Paid to Amount Project name Corcoran Lions 500.00 GRA022 Steve /Sharon Hall 23.25 09 -004 Highland Bank 3,677.50 11 -010 Lecy Bros Homes 337.86 06 -020 Total 4,538.61 Amount 6/28/12 Net Pay PR13 Total Funds #500 = 6/29/12 Payroll Taxes (See attached Check Detail Register) Agenda Item: 13b. Building Inspection Claims Paid To Amount 8,204.86 NONE Citi Street - 457 Deferred Comp 2,922.00 Total Building Inspections Claims (See attached Check Detail Register) Agenda Item: 13c. All Other Claims (See attached Check Detail Register) Total of Auto Deductions TOTAL EXPENDITURES FOR APPROVAL 13c, Auto Deductions ! Electronic Fund Transfer 1 Other Disbursements Date Paid to Amount 6/28/12 Net Pay PR13 36,129.26 6/29/12 Payroll Taxes 12,091.08 6/29/12 Paychex Fee 266.51 7/3/12 PERA 8,204.86 7/3/12 Citi Street - 457 Deferred Comp 2,922.00 7/3/12 Citi Street - Health Care Savings 1,550.63 6/29/12 Blue Cross Blue Shield 8,952.00 Total 70,116.34 $ 4,538.61 201,870,65 70,116.34 $ 276,525.60 H:ICity Hall InformationlCITY GOVERNMENT1Council, Commissions & Committees%Council Inform ationlCounciI Claims12012 Claims.xis CORCORAN, MN 07103/1211 :28 AM Page 1 `Check Detail Register© July 2012 N, CLELLAND at SCHREDER $9,067.36 _.._..., ..:. _v. ., Paid Chk# 019828 7/12l2Q12 CARTRIDGE WORLD E100-41941-210 Operating Supplies (GENERAL) $117.98 141798 PRINTER CARTRIDGE E100-41941-210 Operating Supplies (GENERAL) ($26.82) 141830 CREDIT Total CARTRIDGE WORLD $91.16 Pala. Chk# 019829 7112/2012 CENTURY LINK E 100 -45200 -321 Telephone $53.33 062112 LAND LINE Total CENTURY LINK $53.33 PaicE %Chk# Q19830 u .7%1+212012 CINTAS 470 E 100 - 42100 -223 vuniy a aerViceS t(jtNtKAL) $130.00 2012- 000219 2012 ANNUAL CONFERENCE E100-41941-210 Total AMEM $130.00 470839050 City Hall Scraper Mat Paid Chk# +1719825 7!12!2012 ASSURANT EMPLOYEE BENEFITS $70.00 470839051 E 100 -43100 -131 Employer Paid Health $70.81 070112 Insurance Premium E 100 - 42102 -131 Employer Paid Health $12.11 070112 Insurance Premium E 100 - 41400 -131 Employer Paid Health $34.03 070112 Insurance Premium E 100 -41300 -131 Employer Paid Health $27.75 070112 Insurance Premium E 100 -42100 -131 Employer Paid Health $151.90 070112 Insurance Premium Total ASSURANT EMPLOYEE BENEFITS $296.60 Paid Chk# 019826 7/12/2012 ATOM ..... E 100- 42100 -208 Training and instruction $125.00 1035042 -4293 TRAINING- HOCHSTETLER Total ATOM $125.00 ...:.... ....:_....,._..............:..: Paid Chic# 019827 _.::._,.:........:...:._._............_...............:............_................._.:....:..._.:.......................................................,.............. 7/12!2012 CARSON, CLELLAND &SCHREDER ............................... °' "` E 205 -42100 -304 Legal Fees $0.00 062912 VEHICLE FORFEITURE E 100 -41600 -300 Professional Srvs (GENERAL) $793.33 062912 CIVIL -LEGAL E 100 - 42100 -304 Legal Fees $1,755.69 062912 CRIMINAL E 100 -41600 -300 Professional Srvs (GENERAL) $1,166.66 062912 PUBLIC WORKS FACILITY E 401 - 41900 -300 Professional Srvs (GENERAL) Total CARSO $5,351.68 062912 SEWER AND WATER UTILITY PROJEC N, CLELLAND at SCHREDER $9,067.36 _.._..., ..:. _v. ., Paid Chk# 019828 7/12l2Q12 CARTRIDGE WORLD E100-41941-210 Operating Supplies (GENERAL) $117.98 141798 PRINTER CARTRIDGE E100-41941-210 Operating Supplies (GENERAL) ($26.82) 141830 CREDIT Total CARTRIDGE WORLD $91.16 Pala. Chk# 019829 7112/2012 CENTURY LINK E 100 -45200 -321 Telephone $53.33 062112 LAND LINE Total CENTURY LINK $53.33 PaicE %Chk# Q19830 u .7%1+212012 CINTAS 470 E 100 - 42100 -223 Building Repair Supplies $27.04 470839049 FLOOR MATS E100-41941-210 Operating Supplies (GENERAL) $124.18 470839050 City Hall Scraper Mat E100-43100-210 Operating Supplies (GENERAL) $70.00 470839051 PW Towels E 100 - 43100 -417 Uniforms $97.47 470839052 PW Uniforms E 100 -421 M223 Building Repair Supplies $27.04 470842321 FLOOR MATS CORCORAN, MN 07103/12 11:28 AM Page 2 Check Detail Register@ July 2012 Paid Chk# 019832 7/12120-12 CORCORAN LIONS G 500 -20208 Corcoran Lions $500.00 ESCROW ESCROW REFUND - Check Amt Invoice Comment E 100 - 41941 -210 Operating Supplies (GENERAL) $34.13 470842322 City Mall Scraper Mat E 100-43100-417 Uniforms $97,57 470842323 PW Uniforms _..... n..................... .......... ... ......._._.............._............_.:.......:................._:.................. _................. Total CINTAS - 470 $477.43 $33.80 4077392 Paid Chk# 019831 T/12%2012 % COMCAST 902943336 - $60.40 4077392 E 100 -41941 -321 Telephone $117.50 22140738 LAND LINE E 100 -43100 -321 Telephone $117.51 22140738 LAND LINE E 100 -42100 -321 Telephone $117,51 22140738 LAND LINE EMPLOYER PAID HEALTH Total COMCAST- 902943336 . - -- •.--- ..........._. $352.52 $154.60 4077392 Paid Chk# 019832 7/12120-12 CORCORAN LIONS G 500 -20208 Corcoran Lions $500.00 ESCROW ESCROW REFUND - Total CORCORAN LIONS $500.00 Paid Chk# 419833 7I12/2Q12 DISPLAY SALES COMPANY E 100 - 41941 -210 Operating Supplies (GENERAL) $173.78 85669 FLAGS E 100 -45200 -210 Operating Supplies (GENERAL) $278.30 85669 FLAGS Total DISPLAY SALES COMPANY $452,08 Paid Chk# 019834 7/12/2012 ENVIROTECH SERVICES INC E 100 - 43100-228 D t C t l us on ro $56,460.60 201214336 DUST CONTROL APPLICATION Total ENVIROTECH SERVICES INC $56,460,60 P aid Chk# 019835 7112/2012" TGORMLEY, SEAN E 100 -42100 -321 Telephone $303.56_ REIMB 0712 CELL PHONE Total GORMLEY, SEAN $303.56 PaidChk# 019836 7/12/2012 HALL, STEVE & SHARON:.:.._._::_:.. v .._._....,.,_:..._..,.......... _._ ...............,.........,........:................_... ...........,......:............ G 500 -20226 Hall 09 004 Paid Chk# b01.6.6 8 7/12)2012 lHEINECKE, JEANIE E10041941-210 - $23.25 ESCROW ESCROW REFUND E100-41941-210 Total HALL, STEVE &SHARON $23.25...._ ... BATTERY Paid6W, 019837 - R7%12�/20'!2 HEALTH P4F2TNERS..._....:-.- ............................... .......:- .,.:__................ _..... n..................... .......... ... ......._._.............._............_.:.......:................._:.................. _................. E 100-43100-131 Employer Paid Health $33.80 4077392 EMPLOYER PAID HEALTH E 100 - 41300 -131 Employer Paid Health $60.40 4077392 EMPLOYER PAID HEALTH E 100 -42100 -131 Employer Paid Health $67.60 4077392 EMPLOYER PAID HEALTH E 10041400 -131 Employer Paid Health $33.80 4077392 EMPLOYER PAID HEALTH E 100 - 42102 -131 Employer Paid Health $98.74 4077392 EMPLOYER PAID HEALTH E 100-43100-131 Employer Paid Health $154.60 4077392 EMPLOYER PAID HEALTH Total HEALTH PARTNERS Md A qd Paid Chk# b01.6.6 8 7/12)2012 lHEINECKE, JEANIE E10041941-210 Operating Supplies (GENERAL) $38.59 0612 REIMB DOWNTOWN SWUP MEETING E100-41941-210 Operating Supplies (GENERAL) $6.72 0612 REIMB BATTERY E 100- 41941 -210 Operating Supplies (GENERAL) $151.11 0612 REIMB TEAM BUILDING LUNCH E 100 - 41400 -210 Operating Supplies (GENERAL) $172.88 0612 REIMB MILEAGE Total HEINECKE, JEANIE .. ..... ........ $369.30 . Paid Chk# 019839 7%12/2012 W HENNE1PIN CO TAXPAYER SERVICES - E 100 -41900 -210 Operating Supplies (GENERAL) $25.00 2012 -23 LAND USE LABELS 12 -009 CORCORAN,MN 07/03/1211:28 AM Page 3 *Check Detail Register@ July 2012 – W ..... ..... :.��*. –.". : .......... . . .. . .... ........ ... . ..... . .......... I .... ... . .......... . aidChk# - ;A'-uiz ........ .. I ............. . .... . . .. .................. ... .... OFFICE Check Amt Invoice Comment E 100-41900-210 Operating Supplies (GENERAL) $31.25 .. .... 2012-43 .. . . .... LAND USE LABELS 12- 010Ayy Total HENNEPIN CO TAXPAYER SERVICES $56.25 $162.37 15iiddfiki 01985 Paid Chk# 19840 . ............ ........ 7/1212012 HIGHLAND BANK . . .......... % ..... ...................... . .... .. ... . . ......... . ............... 11 ........... ......... ... ............................ ................. ....... .. . ... . .. . .. . ............. ........... .. .................. .... G500-20279 Highland Bank 11-010 $3,677.50 ES_ CROW ESCROW REFUND Total HIGHLAND BANK $3,677.50 Paid Chk# 019841 '7'i1-2/2*0-'­-"jd4f Rg%LX�b�&A' ts 12 . ......... . . ....... .. ............ . ........................ I... ........ ........ ........ .... E100-41941-210 Operating Supplies (GENERAL) $632.70 61827298 2000 RUST Total JOHN DEERE LANDSCAPES $632.70 Paid Chk# 61§M�--' 7/12!2 Ti'-"L Y BROS. ' "HOMES .. . . ......... .... ......... .. ....... . .... - .... .... ........ . ............ ..... .... ... G 500-20223 Hodgin Acres Construction $337.86 ESCROW ESCROW REFUND Total LECY BROS. HOMES $337.86 Paid Chk# 019843 –7/1'2/'2'-0"1- 2 - MAPLE %* ` -, d R 0 V E, C* I'T'Y" OF E 100-43100-300 Professional Srvs (GENERAL) $2,100.00 13437 STREET MAINTENANCE APPALOOSA Total MAPLE GROVE, CITY OF $2,100.00 Paid Chk# 019844 7/12/2012 ffkkk&�: .. . .. . .... .... . ... ................ . ............ ....................... . ............ ...... ... . . .... . ........... . ...... E 1 00 -431 00 -21 0 Operating Supplies (GENERAL) $73.17 20086 SUPPLIES E 100-41941-210 Operating Supplies (GENERAL) $1.58 20094 SUPPLIES E 100-43100-210 Operating Supplies (GENERAL) $6.31 20.347 SUPPLIES Total MENARDS $61.06 Paid Chk# 019845 7lt2120i2 'MIKES FIX If E 100-42100-220 Repair/Maint Supply (GENERAL) $435.36 3440 #554 BRAKES Total MIKES FIX IT .. . .. ....... ... $435.36 . .. . ................ ......................... Paid Chk# 019846 . ..... . ... ............... ............................. .. .............. . .. ................. .... ..................... 7/1212012 MODERN MARKETING ... .. .... ........ .. ................ .. ...... ... .. ....... ....... ....... ...... ................ .. E 201-42100 -210 Operating Supplies (GENERAL) $627.95 MN1086305 BADGE STICKERS Total MODERN MARKETING $627.95 --'Wi Paid 019847 2dii �IAR WlAkCE66110 EQUIPMENT . . ... ...................... ... .......... .......... E 100-41941-300 Professional Srvs (GENERAL) $119.73 ... .......... — 412527 ....... SEMI ANNUAL INSPECTION Total NARDINI FIRE EQUIPMENT I ... . $119.73 .. .. . .. ............... --%_... aid Chk# 019848 ...... .... ........ . .. ...... . ....... .. . ..... . ............ 7112/2012 NELSON AUTO CENTER ........... . .................. ............ I ..... ... ........ .. .... . I ........... . % ... ....... ........... .. ... . ............. ... . ........... ......... ............ . ............ . .. .. E 416-42100-550 Motor Vehicles $26,232.82 F3887 SQUAD PURCHASE Total NELSON AUTO CENTER $26,232.82 – W ..... ..... :.��*. –.". : .......... . . .. . .... ........ ... . ..... . .......... I .... ... . .......... . aidChk# - ;A'-uiz ........ .. I ............. . .... . . .. .................. ... .... OFFICE E 100-42100-200 Office Supplies (GENERAL) $114.08 37001 SUPPLIES E 100-42100-200 Office Supplies (GENERAL) $48.29 56001 SUPPLIES Total OFFICE DEPOT $162.37 15iiddfiki 01985 E100-43100-210 Operating Supplies (GENERAL) $150.00 2039063 PW Filters Total OSI ENVIRONMENTAL, INC, $150.00 CORCORAN,MN 07/0311211:28 AM Page 4 *Check Detail Register@ July 2012 Paid Chk# 019861 7/12/2012 VERIZON WIRELESS E 100-42100-321 Telephone $202.73 2757548086 CELL SERVICE . .............. .... Total VERIZON WIRELESS $202.73 ... . .... . Paid thki Wff§f�§Ibt WHOLESALE .. ..T . I .. R . .. E . .. .. ... ..... .................... Check Amt Invoice Comment Paid bhk# 01 985 7112/2012 RANDYS SANITATION ......... ..... E 100-43232-300 Professional Srvs (GENERAL) $5,312.95 061912 MONTHLY RECYCLING E 100-43100-210 Operating Supplies (GENERAL) $135.52 061912 PUBLIC WORKS GARBAGE E 100-45200-380 Utility & Services (GENERAL) $174.99 061912 PARKS GARBAGE E 100-41941-380 Utility & Services (GENERAL) $181-13 061912 CITY HALL GARBAGE Total RANDYS SANITATION $5,804.59 Paid Chk# 019852 . ......... W­.....' .... ........ .. . 2012 ROLF ERICKSON ENTERPRISES INC ...... 11.1 ... ................. I ......... ..... .... .. ... ........ ... .... . . . . ......... .... ......................... E 100-41550-300 Professional Srvs (GENERAL) $4,107.00 062512 MONTLY ASSESSING FEE EIOO-41550-210 Operating Supplies (GENERAL) $16.39 062512 FROMS AND SUPPLIES Total ROLF ERICKSON ENTERPRISES INC $4,123.39 Paid Chk# 019853 ................... ...... 7112/2012 SIGNS NOW . .. . ....... ............. . .... ... ............ . . ..... ................. . ... .... ....... . ............ ..................... . I..... . .. .. ............. . ......... ..... ... ................... ........... ... .. ...... E 415-45200-520 Buildings and Structures $3,612,48 24382-2 FINAL PAYMENT PARK SIGNS Total SIGNS NOW $3,612.48 Paid Chk# 019854 ... .... . . 2 STEELMAN, PAULA ...... .. .... . .... ............. I ........ . ... .. .... ...... ..... .. ......... ..... ..... ....... . . . .... ... ...... ..................................... ........... . ...... E 100-42100-208 Training and Instruction $106.52 BCA BCA CONFERENCE-STEELMAN Total STEELMAN, PAULA $106-52 Paid STRETCHER S POLI EE661,15 EQUIPMENT**** E 100-42100-210 Operating Supplies (GENERAL) $177.33 1938043 BATTERIES Total STRETCHER S POLICE EQUIPMENT $177.33 PaidChk# 019856 ' .-I ................I.......:_ .. . ..... . .. . ............. ..... ............................ I . . ....... ... WiRd12 SUBURBAN TIRE WHOLESALE ........... : . . ........ ... ........ ......... . . . . .. ............ ............ ................ . . . ....................... E 100-42100-220 Repair/Maint Supply (GENERAL) $505.69 10110207 #556 TIRES Total SUBURBAN TIRE WHOLESALE $505.69 ' k- Paid d6i 01§1�� - .'E .. M &f� TAMSTER bk4L ��O ............ .. .. ................................. ............................... . ............... . .. . ........................ G 100-21707 Union Dues $286.20 0712 07/12 DUES/TLDF Total TEAMSTER LOCAL 320 $286.20 Paid Chk# . 66 .. ..................... ........... . . ........................................ .. .. E 100-43100-210 Operating Supplies (GENERAL) $361.96 48437 SUPPLIES/TOOLS Total TERMINAL SUPPLY CO $361.96 Paid b. l ..... . .... ............... ..... . .... R L�iAy ..... . ................. . ...................... . .. .. ............. . ................ . . .. . .... ..... ..... ......... .............. I ........ ... ................................ ..... ...... . .. .... E 100-41941-300 Professional Srvs (GENERAL) $1,250.00 214419 CONSULT/TRAINING Total TRUSiGHT $1,250.00 Paid "'' hk# 019860 .......... .. . ........... I ....... ..... ........... M�612 EQUIPMENT ......... .............. .......... ..... ... FINANCE ................ . . . .. ....................... ...... . ................... . .......... ....... ..... .... E 100-42100-200 Office Supplies (GENERAL) $141.04 206712341 COPIER 'otal US BANKCORP EQUIPMENT FINANCE $141.04 Paid Chk# 019861 7/12/2012 VERIZON WIRELESS E 100-42100-321 Telephone $202.73 2757548086 CELL SERVICE . .............. .... Total VERIZON WIRELESS $202.73 ... . .... . Paid thki Wff§f�§Ibt WHOLESALE .. ..T . I .. R . .. E . .. .. ... ..... .................... CORCORAN, MN 07/03/1211:28 AM Page 5 Check Detail Register© July 2012 Fund Summary 10100 Farmers State Bank Check Amt Invoice Comment E 100 - 45200 -210 Operating Supplies (GENERAL) $120.10 683498 MOWER TIRES�4 }�.4 . -• E 100 -42100 -220 Repair /Maint Supply (GENERAL) $92.00 683554 #556 MOUNT & BALANCE Total WESTSIDE WHOLESALE TIRE $212.10 $206,409.26 Paid Chk# 019863 7/12/2012 WRIGHT HENNEPIN SECURITY m _.: p...,....,.,K„ E 100-41941-380 Utility & Services (GENERAL) $201.67 103112 QTRLY MONITORING Total WRIGHT HENNEPIN SECURITY $201.67 Paid Chk# 019864 7/1212012 ZEP SALES & SERVICE - - - -•• . .._.... ... E 100 - 41941 -210 Operating Supplies (GENERAL) $658.83 57453820 SUPPLIES Total ZEP SALES & SERVICE $658.83 10100 Farmers State Bank $206,409.26 Fund Summary 10100 Farmers State Bank 100 GENERAL FUND $81,045.72 201 RESERVES DONATION FUND $627.95 205 DWI FORFEITURE FUND $0.00 401 TAX INCREMENT FINANCING $90,351.68 415 PARK CAPITAL FUND $3,612.48 416 CAPITAL - EQUIPMENT CERTS $26,232.82 500 ESCROW HOLDING FUND $4,538.61 $206,409.26 City of Corcoran Consultant Summary 7/1212012 Name Invoice Date Check # Amount Due Carson, Clelland Schreder Rolf Erickson Enterprises Inc Trusight 06/29/12 06/25/12 06/29/12 19827 19852 19859 9,067.36 4,123.39 1,250.00 Total 14,440.75 HACity Hall Information\CITY GOVERNMENTICouncil, Commissions & CommitteeslCouncil Information\Council Claims12012 Claims.xis CARSON, CLELLAND & SCHREDER Attorneys at Law 6300 SHINGLE CREEK PARKWAY STE 305 MINNEAPOLIS, MN 55430 -2190 (763) -561 -2800 June 29, 2012 CITY OF CORCORAN 8200 CORD 116 CORCORAN, MN 55340 Professional Services Amount ..Civil 6/15/2012 Schmid Home Occupation: Review file from and conference with Kendra 210.00 6/20/2012 Review two resolutions for Jeanie and respond 93.33 Schmid: Review documents from Kendra and respond 140.00 6/21/2012 Moonlit Acres: Prepare for and attend meeting at City Hall with neighbors and review 350.00 options for driveway easement SUBTOTAL: [ 793.33] .Public Works - Roehlke 5/29/2012 Review title documents; send for right -of -way deeds from title company - 70.00 5/30/2012 Receipt and forward title documents to Kendra for right -of -way easements 70.00 6/8/2012 Review information from Kent regarding site and correspondence to Kent NO CHARGE 6/11/2012 Review site documents; correspondence to Attorney Pearson; correspondence to Kent 140.00 and Kendra; conference with Attorney Pearson 611 2/2012 Review correspondence from Kendra and engineer and conference with Kendra regarding 93.33 drawing of 15 acre site 6/14/2012 Conferences with Pearson and Kendra; arrange for meeting of 6115/12 140.00 6/15/2012 Meet at City Hall with staff and Attorney Pearson and review property needed for public 350.00 works site 6/18/2012 Conference with Attorney Pearson; correspondence to Kendra, Kent and Dan regarding 70.00 Purchase Agreement 6/20/2012 Work on Purchase Agreement; review for needed amendments for council of 6/28/12; 140.00 conference with Kendra 6/21/2012 Review title documents from Stewart Title and forward to Kendra (County Road 19) 93.33 SUBTOTAL: [ 1,166.66] .Sewer and Water 5/29/2012 Review appraisals for information to Dale Claridge; correspondence to Dale Claridge; call 350.00 to Attorney Barnard regarding invoices CITY OF CORCORAN Page 2 Amount 5/30/2012 Conference with Attorney Jeffrey Carson regarding status of files and research 31.67 Receipt and review Met Council Contract; preparation of correspondence to Dale 280.00 Claridge; further review of "comps" and appraisals; correspondence to Jeanie and review correspondence from Attorney Barnard 5/31/2012 Prepare for meeting and meet with negotiating team from City; conference with Dale 420.00 Claridge 6/1/2012 Prepare and meet with Ken, George and Dale regarding easements and negotiations 560.00 6/4/2012 Work on counter -offer to land owners' attorney 280.00 6/5/2012 Meet with Attorney Barnard in Minneapolis to negotiate easements 420.00 616/2012 Conference with Dan and update; correspondence to Dale Claridge regarding 326.67 Schommer's license to City; review of Met Council Contract 6/7/2012 Arrange for site visit; negotiate easements with Ebert and Streeter; correspondence to 420.00 Ebert and Streeter 6/8/2012 Site visit to property with Dale Claridge; conference with Streeter regarding negotiations 420.00 and correspondence regarding Met Council site status 6/11/2012 Review correspondence from Met Council; conference with Dale Claridge; call to Attorney 70.00 Barnard regarding licenses 6/12/2012 Review counter - proposal from Attorney Barnard; review licenses (Chastek and Geur ); 280.00 prepare for negotiation meeting 6/13/2012 Prepare and attend negotiation session with George and Ken; travel to Corcoran for 560.00 negotiations 6/15/2012 Correspondence with Attorney Barnard and Dale Claridge regarding licenses 70.00 6/18/2012 Review notes and file for negotiations 70.00 6/20/2012 Prepare correspondence to all owners with final written offer from City; conference with 280.00 Gmach regarding offers 6/21/2012 Forward written offers to all owners; review resolutions for awarding contract and 186.67 correspondence to engineers; conference with Dale 6/25/2012 Review of file and draft memorandum to council regarding negotiations; review Nelson 326.67 easement from Dale and conference with Ken Streeter regarding negoriations SUBTOTAL: [ 5,351.68] Criminal 5/29/2012 Review files in preparation for 5/30/12 calendar, correspondence with defense attorneys, 47.50 defendants, instructions to legal assistant 5/30/2012 .Attend Arraianment, Pretrial calendar 63.33 5/31/2012 Correspondence with defense attorneys, victims and officers; correspondence with county 31.67 attorney, review discovery and note files Review Glowacki case with Attorney Dawn Speitz 47.50 6/4/2012 Correspondence with defense attorneys, victims and witnesses; note files; review files for 47.50 jury trial preparation; review files for Arraignment and Pretrial calendar; instructions to legal assistant 6/5/2012 Attend Arraignment and Pretrial calendar 63.33 6/6/2012 Attend Arraignment and Pretrial calendar 95.00 6/7/2012 Correspondence with defense attorneys, defendants, Court Administration, defendants; 95.00 review discovery; research restitution issue and jury trial preparation 6/8/2012 Review case resolutions; preparation of disposition letters; update appearances on 47.50 calendar; memorandums to the files; correspondence to victims and witnesses; correspondence to defense attorneys; select witnesses for jury trials Review tracking statutes and ordinances and prepare email; discuss issues with Attorney 190.00 John Thames CITY OF CORCORAN Page Amount 6/11/2012 Review email correspondence; prepare for 6/12/12 Brookdale calendar 47.50 6/12/2012 Attend Arraignment and Pretrial calendar 63.33 6/13/2012 Attend Arraignment, Pretrial, Rasmussen and In Custody calendar 47.50 6/14/2012 Prepare of disposition letter for 6/12/12 calendar; review files and memorandums to the 47.50 files 6/15/2012 Review email correspondence regarding criminal files and review of files 31.67 6/18/2012 Research civil overweight Fenalities 79.17 6/19/2012 Preparation for and attendance at Arraignment, Pretrial and In custody calendar 47.50 6/20/2012 Attend Arraignment calendar 31.67 6/22/2012 Correspondence with defense attorneys, witnesses and Court Administration; review 47.50 discovery; research expungement caselaw; note files; prepare disposition letter; prepare letters to victims and witnesses; jury trial preparation 6/25/2012 Preparation of criminal complaints; preparation of cases for trial, court and jury; contact 411.25 and notice to witnesses for trial testimony for monthly period Call with victim; instructions to legal assistant regarding John Davis; correspondence to 95.00 department for follow up SUBTOTAL: [ 1,677.92] For professional services rendered $8,989.59 Client Expense Charges Criminal Expenses: Monthly support fee 14.43 Monthly support fee 14.43 Westlaw research charges for May 48.91 SUBTOTAL: [ 77,77] Total Client Expense Charges $77.77 Total amount of this bill $9,067.36 Previous balance $15,456.57 6/4/2012 Payment - thank you ($6,970.29) 6/15/2012 Payment - thank you ($8,486.28) Total payments and adjustments ($15,456.57) Balance due $9,067.36 CITY OF CORCORAN Page 4 I hereby declare under the penalties of perjury that the foregoing statement for Legal services is just and correct and that no part thereof has been paid. Jeffrey A. Carson, City Attorney STATEMENT 25- Jun -12 ROLF ERICKSON ENTERPRISES, INC. SOUTWEST ASSESSING P O BOX 47841 PLYMOUTH, MN 55447 CITY OF CORCORAN 8200 Co. Rd. 116 CORCORAN, MN 55340 JUNE 2012 ASSESSING FEE COUNTY DATA FEE $4,107.00 $16.39 TOTAL $4,123.39 Invoice No. 214419 9805 45th Avenue North, Plymouth, MN 55442 City of Corcoran Ken Guenthner 8200 Cty Rd 11.6 m Corcoran MN 55340 USA Member No. 00726860 Invoice Date 6/2912012 , �U tlgl Terms Net15 lg �"t 77 ii (( Due Date 7/14/2012 PO No. To pay by Credit Card, send the following information by email (accounting @trusightinc.com) or mail or fax to Accounts Receivable at Trusight. Contact Shanon Vetsch at 763.253.7640 for questions or payments. (circle one) Visa MasterCard AmEx Credit Card # Print Cardhoider Name: Exp. Date: Card Security Code: Address and Zip Code of Card Holder: Authorized Signature: Bringing Charity to your HR World