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HomeMy WebLinkAbout1998-12-07 Packet CITY COUNCIL MEETING AGENDA MONDAY, DECEMBER 7, 1998 6:00 p.m. vI. CALL TO ORDER Roll Call Oath of Office - Mr. Terry Sweeney P / UBLIC HEARING (S) A. TRUTH IN TAXATION HEARING ufi. APPEARANCES iV. CO IDF,RATION OF MINUTES November 23, 1998 Council Meeting Minutes V� PAYMENT OF CLAIMS / The City of Centerville November 23 - 30 �( The City of Centerville December 1 - 7 Centennial Fire District SET AGENDA VI P TITIONS AND COMPLAINTS 0 P"k ;,y HL UNj�INISHED BUSINESS v� Buechler Estates Final Plat Approval - Final Grading Plan Approval - Final Drainage and Utility Plan Approval �- I Final Development Contract vl� NE BUSINESS ~ � Mill Road Water Connections (7231 Mill Road) Update Cable Equipment Variance Request - Front Yard Set Back From 35' to 25' (Mr. Nepper) /XResolution 98 -24 - Lawful Gambling (Trio Inn) 1 Resolution 98 -26 Authorizing the CPLPD to Enter into Central Records Joint Powers Agreement with Anoka County G044 � O L� ej ✓" / OMMITTEE REPORTS od.. ADMINISTRATORS REPORT LXII. CONSENT AGENDA 1. Adopt Minnesota Design Team Recommendation for County Road 14 2. Thank You Letter to Goetz Landscaping for Wreath Donation X111. ADJOURNMENT Notice of Proposed Total Budget and Property Taxes The Centerville city council will hold a public hearing on its budget and on the amount of property taxes it is proposing to collect to pay for the costs of services the city will providing in 1999. SPENDING: The total budget amounts below compare the city's 1998 total actual budget with the amount the city proposes to spend in 1999. 1998 Total Proposed 1999 Change From Actual Budget Budget 1998 - 1999 $1.030,707. $1,203,700. 1 A.7 TAXES: The property tax amounts below compare that portion of the current budget levied in proposed taxes in the city of Centerville for 1998 with the property taxes the county proposes to collect in 1999. 1998 Property Proposed 1999 Change From Taxes Prooertv Taxes 1998 - 1999 5562,000 $850,000 Attend the Pttblic Hearin, ,Adl Centerville city residents are invited to attend the public hea, - in, of the city council to express .- their options on the budget and on the proposed amount of 1999 property taxes. The hearing will be held on MONDAY, DECESiBER 7, 6 00 p m. CENTERVILLE CITY HALL 1380 MAIN STREET CENTERVILLE You are also invited to send your written comments to. City of Centerville, City Administrator Jim March- 1880 Main Street, Hugo, MIN 55308 f , h ���r �,v - M p P� r ¢4_) \i b, 'c. �i \°tttyb ��f. • 9H ♦ v \ H n,, / • , vfC;.r rJ�S' iJ'4 w R\ 1`S�" �1:ro &. Ic a c'MO" 4.3\`X ♦e.w. 4i .way � y / �.;�� F Fy � �•� '''� � �h1 4�h`wy '1 � �"♦ "' '�" i' a^ Fe� � •.F '(`��1� �l "u. � A 1 �'�a,i' {'.: . t,. r ., '^� 'n • "c w hV" x ��: �>� .y_t .P h„, -; �@ H, ?� ,R ��� �" �F.1r/ � .eA Y' ' -�'"/A • R a�x �. n �♦° e�W,S ,AJw /i y'P v3 d � ♦ _� n CERTIFICATE OF ELECTION ` r 1f AND OFFICIAL OATH OF r� Terry Sweeney u Council Member W t• N y f City of Centerville A noka County, Minnesota a § V � \ STATE OF MINNESOTA � COUNTY OF ANOICA ' I, Terry Sweeney do solemnly swear that I will support the Constitution of the United " \ "' States and the Constitution of the State of Minnesota, and that I will faithfully execute and ,a ; h discharge the duties of the office of City Council in the County of Anoka Minnesota, } 3, s r A : according to law and to the best of my ability and understanding. Subscribed and sworn to before me the r N dqv of A.D. 1998 4 h Minnesota - ' ..n "♦` v �,t n� + ,,' a�. °a ,',. " � p ' ;a„g ice' , "m�" .: r' . �. r�C r 4 t, k�r r s a Ra s ' � y .�`ra .�` `c� ti \� "+,� �- '., / b '♦" 1k. ry Ia ,�. : wr , �1n",v tr' �" �+, a �„� L S u � n a. ,5� y �'Y r d ✓,:•, . �' ,4, fih�ss�._,�: o� 1�: 5 H � d� y' �^�;e ., x °.! / ..v ♦ x!, `� e y� tl �m'Aw f "` '4 r `r M � , ,, ,x \ \d :?rn wa •�. �� ♦ �x \ `�'iu = .�v \ x r {',w �;'�s�sd� gN'RJ� ��>`��.�.qp` �p,?�M. r": p4 ��x �3C- y � , � r d � a '�c N�h ���6 Y♦"r�y'• .� `i ai7J'yJ k'G / �; 1 \\ „! • :'r \ \, • y 4.� ' r`rMN yYmi `•a' y/�/.Nt /jI � A'm �'♦ �jJ�rA4rY� rlr'�N/. % q�Tir:n`LL • �i9!' ?'iM� NI.CU \ v "`\,�54ir {i. `�F ����� :vR \t �.. .uro 4�^(r o.�. ', N• r as mow.. yr" gay rr �,.., Yr . \• M � \, ri � n.,a WEEK IN REVIEW Edition # 84 11/23 -12/4 Building Permits this Period = 8 Building Permits YTD = 232 New Homes YTD = 139 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * There is a meeting that has been scheduled for December 14 at 10.00 at the Wargo Nature Center to begin discussions on the County plan for improving the regional park. The notice was sent inviting City Administrators and School Administration officials in the area. This is planned to be an informal meeting with the County Parks staff and the consultant that is being hired to produce the master park plan. Official public hearings on the park development are scheduled to occur in January. If any Councilmembers or Councilmembers -elect are interested in attending this meeting, please let me know. I plan to attend this meeting. * The County has responded to Bonestroo's submittal of the technical plans for installation of the flashing lights at Main Street. Mr, Mike Spack is making the requested plan changes for re- submittal. An easement will be required from the Helmbrecht's and Kelly's Korner. Both parties have verbally agreed to grant the easements. * Reminder! The Holiday party is this Saturday. See you there! The truth in taxation hearing is scheduled to start off this next Council meeting. I have had phone calls from nine residents. It appears that I was able to satisfy their concerns and answer their questions. I am expecting a fairly good turn out of citizens for the public hearing. We have handouts prepared that I believe will very adequately address any possible questions. * Teresa Bender has accepted the offer for the position of Deputy Clerk/Treasurer. Teresa's start date is scheduled for December 21. * The first "Community Skating Night" is scheduled for January 3, 1999. There are plans to have concessions and outdoor music. If this is successful the Park and Recreation Committee would like to make this a weekly event, weather permitting. The Park and Recreation Committee is drafting new language for a revised park dedication requirement for new developments. This will be reviewed at a future meeting. * Lloyd Drilling is pursuing the development of a 12,000 square foot commercial building with bays to be leased. The building is expected to open during the summer of 1999. Mr. Drilling is expecting to bring in plans in the next couple months. * The school has scheduled soil borings for their potential new kindergarten building. CITY OF CENTERVILLE CITY COUNCIL MONDAY, NOVEMBER 23, 1998 Pursuant to due call and notice thereof, the City Council of the City of Centerville held its specially scheduled Council meeting on November 23, 1998 at City Hall, 1880 Main Street. PRESENT Mayor Tom Wilharber Council Members. Theresa Brenner Sanna Buckbee ABSENT Laura Powers STAFF Jim March, City Administrator Ry -Chel Gaustad, City Clerk Paul Palzer, Public Works Director/Building Official Tom Peterson, City Engineer CALL TO ORDER Mayor Wilharber called the November 23, 1998 Council meeting to order at 6:00 p.m. PUBLIC HEARING APPEARANCES CONSIDERATION OF MINUTES November 9. 1998 Council Meeting Minutes Councilmember Brenner moved to annrove the November 9 1998 Council meeting minutes. Councilmember Buckbee seconded the motion Motion carried unanimously. PAYMENT OF CLAIMS The City of Centerville November 10 -23 Councilmember Buckbee moved to accept the disbursements of November 10 -23 Councilmember Brenner seconded the motion Motion carried unanimously. Centennial Fire District Councilmember Breen« moved to approve the Centennial Fire Districts payment of claims Councilmember Buckbee seconded the motion Motion carried unanimously. 1 SET AGENDA Tri -City Police Department Written Complaints Councilmember Brenner moved to approve the set agenda with noted additions Councilmember Buckbee seconded the motion Motion carried unanimously, PETITIONS AND COMPLAINTS .School Crossing and Fines and No Parking Violators at the School and Parking on County Road 19 Mr. March updated the Council on several complaints the city received in regards to the school crossing and occupied no parking areas. In addition, the city has been requested to double fines to no parking violators and to increase police coverage during school crossings. Officer Jensen reported the police department is in receipt of a safe and sober grant which can be applied to staffing the elementary school crossing and to assist enforcing no parking violators. The Council suggested tabling the issue until receipt of Chief Heckman written comments and to notify the complainants of the process. UNFINISHED BUSINESS Tri-City Police Department Negotiation Mayor Wilharber reported the Tri-City task force met on November 16, in hopes of creating a contribution formula for each city. However, the task force was unsuccessful in developing a formula to present to each of the member cities. Mayor Wilharber explained that the Commission planned to wait until January, in order to include new council members as well as their input. NEW BUSINESS 1999 Licenses Consideration Mayor Wilharber questioned Staff if it is a requirement of liquor establishments to pay outstanding taxes prior to receiving their license. Ms. Gaustad explained it has been a sound practice to request full payment of outstanding City debt from all establishments prior to issuing licenses. Councilmember Buckbee moved to approve the 1999 cigarette and liquor licenses contingent upon receipt of all documentation the CPLPD and State approval and appropriate certificate of insurances. Citizen and Business Person of the Year Ms. Gaustad updated the Council on the EDC dilemma to select citizen and business person of 2 the year. The issue involves the consideration of themselves as possible recipients and the possibility that they may be omitted from the nomination process. Furthermore, EDC requested the Councils recommendation. Councilmember Buckbee and Brenner warned that the award recipient should be considered from everyone who has contributed to the Community at any time in history, not necessarily a committee, commission or council member or the award may not serve its purpose of recognizing an outstanding volunteer. Mr. March suggested broading the base of voting members, developing new applications, and accepting new nominations. Then electing a recipient in January and awarding the dignitary during a Council meeting. Councilmember Buckbee moved to table the business and citizen person of the 1998 year until January 1999 to allow Staff to redevelop the nomination applications and guidelines Councilmember Brenner seconded the motion Motion carried unanimously. Council and Staff Chairs Mr. March indicated to the Council that Hunt furniture dropped off several model chairs for purchase consideration. Mayor Wilharber commented that City Staff need new chairs since the current chairs are in poor conditioin and may be hazardous. Mayor Wilharber moved to approve Staff to choose what color and style of chair they need and then to _purchase the required amount of chairs Councilmember Buckbee seconded the motion Motion carried unanimously_ Mayor Wilharber moved to order the required number of black chairs for Council Councilmember Buckbee seconded the motion Motion carried unanimously. COMMITTEE REPORTS Mayor Wilharber informed the Council that the Police Department had interviewed for a Police Officer vacancy and they plan to make the final selection after background investigations are completed. ADMINISTRATORS REPORT Holiday Qffice Hours Mr. March addressed the Council and requested Friday, after Thanksgiving, as a paid holiday for the non -union employees. The Council concurred its intent is to treat the non -union employees comparable to union employees. Councilmember Buckbee moved to approve non -union (Administrative) employees to have Friday off with pa. Councilmember Brenner seconded the motion Motion carried unanimously. 3 Deputy Clerk/Treasurer Recommendation Mr. March distributed the top three Deputy Clerk/Treasurer candidate applications and resumes. Furthermore, the interviewing review board agreed on the top candidate and Mr. March recommended the Deputy Clerk/Treasurer position be offered to the top scorer, Theresa Bender. Councilmember Buckbee moved to aonrove the Administrators recommendation for the De_nuty Clerk/Treasurer position Councilmember Brenner seconded the motion Motion carried unanimously. Individual Sewage Treatment Systems (LST, Mr. Peterson reported to the Council that the City received notice that according to recently enacted state statutes, by January 1, 1999, local government units must have adopted an IS T S ordinance as restrictive as the current state rules (M nn. R. Chp. 7080). Anoka County adopted the current state rule, with some modifications and on January 1, 1999 the county law will govern local units of government that have not adopted an ISTS ordinance. The Council requested that Staff supply a copy of Anoka County's letter and place the issue on the next Council agenda. CONSENT AGENDA 1. Authorization to pay for Staffs Holiday Dinner 2. Toys for Joy DMp Off Location - City Hall 1880 Main Street Ms. Gaustad reported that "Toys for Joy" is a community effort that assists families with toys and food during the holiday season. In addition, the city began participating in "Toys for Joy" fall of 1996 and the program has helped several citizens. Finally, the request is to have City Hall approved as a Toy drop off and an application pick up location. Councilmember Brenner moved to approve the consent agenda. Councilmember Buckbee seconded the motion. Motion carried unanimously. Alexandra House, Inc. Councilmember Buckbee questioned Staff if the City could donate M.S. Society Funds toward the Alexandra House and requested Staff explore and present donation options to the Council. ADJOURNMENT Councilmember Buckbee moved to adjourn the Council meeting Councilmember Brenner seconded the motion Motion carried unanimously. The November 23, 1998 Council meeting adjourned at 6:55 p.m. Respectfully Submitted, Ry -Chel Gaustad, CMC City Clerk 4 MEMO DATE: December 3, 1998 TO Honorable Mayor and Council FROM: Jim March RE Buechler Estates Included in your packet are copies of the final plat, grading plan and development contract for the development to be known as Buechler Estates. All of the issues appear to be resolved with this development. Also included is a letter from the City Engineer. All of the figures have been finalized for the developer's agreement. We will have copies available at the meeting with the appropriate numbers inserted in the blanks. We should be able to finalize this development on Monday evening. t3VNt01KVV KVStNt HNUCKLLK tg 0710701 ,511 lC /U47YU 14:44 Lv :Ue /U2 RQ:9NU /� pp♦ B,rrttruu. Riol",Am JNluAssn. l.. a.a All A rr.11 rp.ur Caoorrwvey rewo'.r D B4 nestroo Pail I;4 ,'. 01IN C. Ror , 0, et . J•ua Ah Andi,I PF M Iry :n i. f N? It • 054 ^Q R,eham C Tu nrq ?4 • MOO K Cm. PII R t I C r r nt NS )?",Ado ur0un. PC Q ne RnOat. W ROW., NP. Ald a"OlOri M 101l" A. $1. c f I Anderlik & WenKoW i 1T Oi ler, Pl :H, rCA S,OINC Pt l 11[ hPIRIA P 1 I"t' II V Horvin lit R�snaOW.w[ep R. DevOU R.[ IN 4 . 1 A . M nxA HanSn. ae.• Michael r Rautmann. PC 7rj o k I ro. i R em it nm run f M x R Rolf Re A ssociates lingo R II C L • kOhen t Ro 6m u • n • h R y • Miro P N.14, Re Engineers & &Architects 01ftrei 5; PM: Rochesm, WmAili .nJ Gl C1 wd MN • NIW Iuloo, W1 We6sge, W, wb"#Vroo. core December 4, 1998 Mr. Jim March City of Centerville 1880 Main Street Centerville, MN 55038 Re, Buechler Estates Our File 616 -98 -806 Dear Jim: As part of the final plat approval for Buechler Estates, we have reviewed the Final Grading Plan, Utility Plan, and Development Contract. My comments have been sent to the surveyor, developer/ attorney for each document. Engineering issues relative to drainage, street reconstruction, sanitary sewer, and public improvement costs have been addressed. Some revisions to the sewer grade and alignment were made to accommudate future extension of the main to the west. The two propery owners in Lino Lakes have indicated a strung desire to receive sewer service. The actual pipe installation west of the Iluecltler plat may or may not be accomplished this year, depending on agreements and surveys. Mound Trail will be totally reconstructed for the 570 feet directly adjacent to Buechler Estates. The new rural roadway will consist of the two layers of bituminous, a gravel base, and sand subgratle. This work will take place in 1999, The remaining segment of road ( +/- 300 feet) west of the plat may be redone at the same time, depending on funding being worked 0111. We recommend approval of the Final Plat for Buechler Estates, of which the grading plan, utility plan, and development contract arc a part o1'. If you have any questions, l can be reached at (651) 604-4868. Yours very truly, BONESTROO, ROSENF., AN13ERLIK & ASSOCIATES, INC:. Thomas W. Peterson Cc: Matt Davich, F.G Rud & Sons 2335 West Highway 36 • St. Paul, MN 55113 ■ 612.636.4600 • Fax: 612- 636.1311 DEC -- 07'981MON) 14 5 BARNA NZY STEFFE TEL :612 780 1 77' ?,002 DEVELOPMENT CONTRACT Draft 124 -98 BUECHLER ESTATES CENTERVILLE, MINNESOTA THIS AGREEMENT, made and entered into this day of _ 1 19, by and between the City of Centerville, a municipal corporation organized under the laws of the State of' innesota (the "City "), and Carl Buechler, (the "Developer "). RECITALS: WHEREAS, the Developer has received approval from the City Council for a preliminary plat of land within the corporate limits of the City, which plat is known as Buechler Estates, hereinafter called "Subdivision "; and WHEREAS. the Developer has applied to the City to be allowed to construct certain improvements, hereinafter referred to as "Sanitary Sewer and Street Reconstruction Improvements"; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the plat, hereinafter referred to as "Private Improvements ". NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, it is agreed by and between the parties as Follows: A. REPBESENTTATIONS OF DEVFLOPF$ As inducement to the City's approval and authorization to proceed with construction and entering into this Agreement, the Developer represents and warrants to the City: 1. That the Developer is the fee owner of the property and has authority to enter into this Agreement, 2. That the Subdivision complies with all City, County, State and Federal Iaws and regulations, including but not limited to City subdivision ordinances and zoning ordinances. 3. The Subdivision complies witl all wetland protection legislation B. PRIVATE IMPROVEMENTS The Developer will construct and install at Developer's expense the general improvement construction according to ordinance #8, Section 38,01 and other improvements specific to the development herein set forth: 1. Cost of Private Improvements, description: DEC -O7' 98 (M)N) 14 :17 3ARNA GCZY MCF; E TEL :612 780 1 7 77 P, 003 a. Shade trees (balled and burlapped) 1 per lot or 2 per comer lot at $300 each x 5 lots $1,500 b. Sod, 600 square yards per lot at $$00 per lot x 5 $4,000 C. City administration for review and compliance $ 500 Total Estimated Cost $6,000 All of the above items under Section B with the exception of the trees and sod on unbuilt lots shall be completed and/or provided to the City by 19 2. Also included as items associated with the Private Improvements, the Developer shall undertake or arrange to accomplish the following: a. Site Development Issues i. Coordinate with the utility companies to provide for gas main, telephone lines, cable lines, and power lines to service the properties developed on the final plat according to the City's joint trench policy. ii. Provide seeding and vegetation maintenance and erosion control over denuded or graded areas and mitigation area, at the City's direction. iii. Establish lot confer monttmentation within 60 days of grading completion or within a/ o days after filing the fatal plat, whichever is sooner. iv. Provide such street maintenance and control of builder's actions to maintain roadways clear of mud, soil, and debris to provide safe driving surfaces. The Developer shall provide street sweeping within 24 hours of the City's request for such services. V. Provide for landscaping in accordance with the City ordinances and other requirements. The Developer shall accomplish or cause to be accomplished these actions according to genera;ly accepted trade standards. The Developer will cause to be furnished to the City a schedule of proposed operations at least five days prior to commencement of the construction activities. 2 JEG_ -07' WNW 14!58 BARNA DOZY STEFFE TEL;612 7 80 177? P. 004 b. Site Grading and lluildiug Permits. No building permit shall be issued for any lot without the finished grading in accordance with the approved grading plan. C. Erosion Control, The Developer shall control erosion insuring: i. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. ii. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. ill. Land shall be developed in increments of workable size, as determined by the City, such that adequate erosion and siltation controls as directed by the engineer can be provided as construction progresses. The smallest practical area of land, as determined by the City, shall be exposed at any one period of time. iv. Where the topsoil is removed, sutlicient arable soils shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. All disturbed areas shall be seeded, or have sod installed as approved by the City. The Developer shall also install four (4) inches of topsoil on all boulevards and sod as approved by the City. d. inspection. All of the work shall be under and subject to the inspection and approval of the City, City Engineer, and where appropriate, any other governmental agency having juri sdiction. Q. Faithful Performance of Construction Contracts and Letter o Credit. The Developer will fully and faithfully comply with all terns and conditions of any and all contracts entered into by the Developer for the hrstallation and construction of all Private Improvements and hereby guarantees the workmanship and materials for a period of two years following the City's final acceptance of the Private Improvements. The Developer agrees to guaranty for a period of one year the tree plantings required as pan of the Developer's Agreement. Each specific tree guaranty period shall begin , Alt, the planting of each specific tree. Concurrently with the execution hereof by the Developer, the Developer will famish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or an Irrevocable Letter of Credit, lased on one hundred fifty percent (150 %) of SEC 9 ?' 98(MONl 14 :U DIVA 3l'ZP S'TEFFE the total estimated cost 01 Private Improvements as indicated in Paragraph Bl. 'rho Irrevocable Letter or Credit shall s for the exclusive use and benent of the City of Centerville and shall state thereon, the same is issued to guaranty and assure performance by the Developer of all the terms and conditions of paragraph B I of this Development Contract, such Lei of Credit may redu c P rivat e Improvements upon completion and acceptance of the Improvements upon by the City to an amount deemed adequate by the City Engineer to sever The City shall have the two year warrant period described herein. the right during said warrant period to draw on the Letter of Credit for any warranty work that is necessary. The Irrevocable Latter prior shall be renewed days prio or replaced by not later than twenty (20) r to its expiration with a like letter or bond. f Reduction of Escrow Guaranty , The Developer may request a reduction ym �Ahe r e u or the va]ue of the completed Private Improerats at the time of reduction. The amount of reduction will be determined by th City and such recommendation will be submitted to the City Council for action, 8• Approval of Contractors. Any contractor selected by the Developer to construct and install any private Improvements must be dercrnined in writing by the City Engineer to be acceptable. The City rescmes the r'ght to require sausfac:ory proof of successful. experience and adequate financial status by any such contractor. C. �NIT�Ry SEWER Aiti CTRRP t nr accor dance w1Ln the CQ� S'I'R TION IbIPR err policies and ordinances afthe City, lire foi:owD described In er coil itnptro vements (h ereinaftectively called the "Sanit Reconstruction improvements "), include improvements as dSewer and Street speci ad by the plans fications, and y C contrac t d ol ocuments preparcd by the Ci y Engineer mid adopted and approved by the City Couuil. Said improvements installed by the Deve,'nper to serve the Subdivision on the shall be constructed and inst terms and conditions according t ordinance number 8, section 38.01, and other improvements specific to the Development herein set forth: 1 • i'M flu t od, cons tructed, struct d, All such improvements speeifed herein shall be insti ueri, ostntcted, and such as follows: a• The Developer shall provide to the City in writing an indication of the contractor selected by the Developer to construct and instal) the street reconstruction improvements, '1'lte City shall reserve the right to determine if the contractor selected by the Developer is acceptable. The City reserves the right to require satisfactory proof of successful experience and adequate status by any such contractur. 4 DEC. -0 98 14:59 3ARA'A GUZY STEFFE TEL:611 780 177 °.006 b, Construction shall not begir, until written notice authorizing construction to start is received by the Developer from the City, c• Construction shall be completed to the standards and specifications described in the plans and specifications entitled Sanitary Sewer and Street Reconstruction lmprovemcnts. Developer authorizes the City and/or die City Engineer to inspect construction of said improvements and grants to them a license to enter the Subdivision to perform all necossary work and/or inspections deemed appropriate during said construction, and through cxpiraiion of any app;icable warranty period, d Developer shall, upon execution of this Agreement, provide the City with cash, letter of credit or other surety with the form of any non -cash surety to be satisfactory to the City in the stun of Fifty -six Thousand Six Hundred Thirty Dollars (556,630). Said figure represents 125% of the estimated cost of the Sanitary Sewer and Street Reconstruction Intprovemeats (the above figure reflects the agreement between the City and Developer to equally share the cost of reconstructing Mound Trail adjacent to the Subdivision Property). The said surety shall be a j,"mmuty to the City that said improvements will be timely completed to the City's satisfaction. The said cash, letter of creditor other surety shall be maintained continuously by the Developer until said improvements are completed to the City's satisfaction. The said cash, letter of credit or other surety for said improvement shall be released upon certification of the City Engineer that such items are satisfactorily completed pursuant to this Agreement, Periodically, as payments are made by Developer for the Completion of said improvements, and when it is reasonably prudent, Developer may request of the City that the surety be reduced for the portion thereof which 12PS been fully completed and paid, In the event that any cash, letter of credit or other surety ref=ed to herein is ever utilized and found to be deficient in amount to pay or reimburse the City as set forth herein the Developer agrees that upon being billed by the City, the Developer will pay witbin ten (10) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which aze in excess of the actual cost paid by the City. 2. Construction Administration Escrow. Prior :o the preparation of Final plans and Specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow in an amount indicated in writing to provide for financing the cost of preparing said final plans and specifications by the City Engineer. Furthermore, the Developer shall also provide a cash escrow to the City in an amount indicated in writing to provide for financing the cost of inspection, staking, and construction administration by the City Engineer. 5 DEC. -07'981MONl 1540 3ARNA CUZY STEFFE TEL :612 780 1777 ?.937 D. n nr c . 3F The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder(Rcgistrar to give notice to futuru purchasers and owners, E. MIMBURSEMT OF COSM The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited to, engineering fees, legal fees, inspection fees, interest costs and any other costs incurred by the City relating to this Development Contract, F. OCCUPATION T OF PR ENDS S , The Developer further agrees that it will not cause to be occupied any premises upon the plat or any property within the plat until the completion of the gas, electric, telephone, water, and sewer improvements required by this Development Contract have been installed, unless the City has agreed in writing to waive this requirement as to a specific premises. G F M , Upon completion of the work and construction required by this Contract and acceptance by the City, the improvements lying within C'te public easemects shall become City property without further notice or action. H. iND1MNIFTCATION AND HOLD HARMLEU The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Subdivision plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including reasonable attorneys fees, Provided that nothing herein shall require Developer to indemnify the City, its officers or employees from any violation of law or from the consequences of their own negligence. I. FROMBITIONS AGAINST ASSIGNMflNT OF ACTREEMPNT Deveioper represents artd agrees that prior to the completion of the Developer improvements as certified by the City: 1. Except by way of security for, and only for the purpose of obtaining financing necessary to enable the Developer to perform its obligations with respect to the constriction of the improvements under this Agreement and any otber purpose authorized by this Agreement, the Developer (except as so authori zed) will not make or create, or suffer to he made or created, any total or partial sale, assignment. conveyance, or transfer in any other mode or form, with respect to this Agreement or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. 2. In the absence of specific written agreement by due City to the contrary, no such transfer or approval by the City shall be deme'd to relieve Developer from any of its obligations. B the event that the City approves a substitute Developer and the 6 DEC -07' 900M 15:C0 BAR.UA GUZY STEFFE TEL 611 7 80 1777 P. ODB Property is transferred to said substitute, the City agrees to relieve the Developer Of liability from perfo- +mance as described it this Contract. Said substitute shall assume all responsibilities and rights ofthe Developer ender this Contract. 7. ISC NFQLIS PROVISICN S, 1 Reimbursement of Costs for Defense, The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this Contract, or any portion thereof, including court costs and. easonable engineering and attorney's fees. 2, Validity. If any portion, section, subsection, sentence, clause, paragraph or Phrase in this Contract is for any reasor. held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. 3. Waiver. The action or inaction of the City shall aW constitute a waiver or amondntent to the provisions of this Agreement. To be binding, amendments or waivers shall be hz writing, signed by the patties, and approved by written resolution of the City Council. The City's failure to promptly rake legal action to enforce this Agreement shall not be a waiver or release. 4. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns of the pardes hereto and shall be binding upon all future owners of all or any pan of the Subdivision and shall be deemed covenants ninning with the land. 5. Notice. Whenever in this Contract it shall be required or permitted that notice or demand be given or served by either party to this Contract to or on the other patty, such notice or demand shall be delivered personally or mailed by United States mail to the addresses set Forth below by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the Panics hereto are as set forth below until changed by notice given as per above; Developer: Carl Buechler 2954 Rice Street St. Paul, NN 55113 City: City of Centerville Attn: City Administrator 1880 Main Street Centerville, MN 55038 7 DEC 07' 98(MON"I 15:01 PR,NA. MY STEFFE TEL�61 7&0 177' R009 6, Final Plat Apptroval. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this Contract and of all required documentation, fees, and securities to set forth herein. 7. Incorporation by Reference. All approved plans, special provisions, pro posals, specifications, and contracts for the improvements furtushed and let pursuant to this Contract shall be and hereby are made a part of this and by reference as fully as if set out herein in full. S. Violation of Agreement. In the event that Developer violates any of the coverants and agreements contained in this Development Contract aid to be performed by the Developer, the City, at its option, in addition to the rights acrd remedies as set forth hereunder may refuse to issue building permits to any property within the plat until such time as such default has been corrected to the satisfaction of the City. 9. Park Dedication, The parties mutually recognize and agree that park dedicatiors requirements as provided in the City Code shall be satisfied by cash payment of 525,000 calculated at $5,000 per lot multiplied by 5 lots. 10. Stone Water Fees, The stonnwater fee shall be paid by the Developer prier 10 approval of the final plat. This fee is 52,188, based on a charge of 5.01546 per square foot of 3.25 acres of platted area. 11. Liability Insurance Requirement. The Developer shall provide to the City, at the Developer's expense, general public liability and property datnage insurance including vehicle coverage protecting the City and the Developer from all claims for personal injury, including death, and all claims for construction of or damage to property, arising out of or in connection with any operations under these contract documents, whether such operations be by the Developer, its contractor, or by any subcontractor, or anyone directly or indirectly employed by the contactor or by a subcontractor under it. Insurance shall be written with a limit of liability oCnot less than $600,000 for all damages arising out of bodily injury including death, at any time resulting therefrom, sustained by any one person in any one accident: and a limit of liability of not leas than $1,000,000 for any such damage sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $300.000 for all property damage sustained by one person in any one accident, and a limit of liability of not less than $700,000 for any such damage sustained by two or more persons in any one accident. The insurance policies shall accampaay the contract for its execution by the Developer and the City of Centerville. The above insurance policies shall be in Full force and effect during the life of this Contract. The City, City Engineer, and Developer's engineer shall he an additional named insured in any such policy or policies. 8 DEC -0" 98NON' 13:02 3P.RNA MY STEFFE TEL:612 780 1 a, 010 IN WITNESS WHERCOr, City and Developer have signed this Development Agreement the day and year fuck written above. CITY. DEVELOPER: CITY OF CFNTERVILLE- By: Mayor Carl Buechler ATTEST: By: City Clerk STATE OF MIIJNESOTA) as COUNTY OF j The foregoing instrument was acknowledged before me this ` day of 19_, by the Mayor of the City of Centerville, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Nobiry public S'T'ATE OF MINr'NESOTA) ) Ss COUNTY OF j The foregoing instrument was acknowledged before me this day of [9____, by the City Clerk of the City of Centerville, a municipal corporation under the laws of the Stak of Minnesota, on behalf of the City. Notary public 9 3EC - 0�'981MOh, 1S�Q2 BARNA GL'ZY ST6FFE ]EL61s '�0 1 ?;? ?.011 STATE OF MINNESOTA) COUNTY OF ) 35 1 The foregoing instrument was aeiuiowIWged before 1ne this _ day of I9 by Carl Buechler, the Developer, Natnry Pu61ic THIS INSTRUMENT WAS DRAFTFD BY: BARNA, GUZY AND STPFFEN, LTD. 400 Northtown Financial playa ?00 C60n Rapids Boulevard Coon Rapids,NIN 55433 (612) 7 80 -8500 (JDH) 38420 0 BUECHLER. ESTATE( TYPICAL STREET SECTION UTILITY PLAN � NOTE: RECONST MATCH EXISTING CENTERVILLE, MN 1.5" 2331 BIT. BASE (TYPE 31) 1.5" 2341 BIT. WEAR (TYPE 41) 8" CLASS 5 GRAVEL (RECYCLED OR 100% EXISTING UTILITIES i CRUSHED LIMESTONE) 1) The information shown on these drawings concerning type and 12" SELECT GRANULAR of existing utilities is not guaranteed to be accurate ` or cII inclusive. The contractor is responsible for mckinq his ow:. determination as to the type and location of utilities as nay GEOTEXTILE FILTER FABRIC be necessary to avoid damoge to these utilities. 2) The Contractor shall be responsible for existing utility locations NOTE: EXISTING BITUMINOUS SHALL BE REMOVED & Call Gopher State One at 454 -0002 for locations. DISPOSED OF OFFSITE BY CONTRACTOR / NOTE: SUBCUT MATERIAL BELOW EXISTING BITUMINOUS / `,AN1Ak1" Sf_WCF SHALL BE PLACED ON SITE AS DIRECTED BY OWNER / `. Sewer shall be 8" PVC SDR 35 unless otherwise noted. i All `- anilary Sewer Services shall be 4" PVC SDR 26 and shat! / r , Motioned from the downstream manhole. (Install la` min c sewcur erruwrxws wr> •rwoe locations shali of verifiea in the field ptfor to N TL.. �,• NTRAC'TOF. SHA!_I.. FIELD VERIF) LOCATION AND EI_EVATiON i Ai - 1 iiNC_ yA.NI IAK) S EWER AND NOTIFY ENGINEER OF // l ANd' L`!,ICREPANCIES PRIOR TO START OF INSTALLATIONS_ 0 / Fn bx c S LEGEND / I P a� • swrwr �° / f / / / VICINITY MAP DUND TRAIL SHALL — )E AND WIDTH 9 / /V MIR it O P 1x I ♦�0.��G ° � Q,. I .c' / / SaJ• $ OLIL1 C T - o !+I.�� it �� T`o` Y `._.� p e/ _� H w y , x6 `v O i 5O ,� Y u.H. K � O ' �� Q 0.; m e ,/ q9 z I ON3 Onld 99'688..3.1. 0 - 3Ad- .8 -.SZ -----� 0169 '3'8 �-} Z 'HA nn i 3dld 3nCeV 3,ov80� --4- — 03HSINIA 0`dSOdO8d j n(71 VG G301755Y VO , i I S W V N Y S 1VU GNAOA &2M35 dVIINVE t7 sedOYdS 3iN / 767 n &zw7s .kHYt GVVS OWLS1X3 531DN.30 - — d_3'N3S i*Gll5 O?S0d0:Yd S.ZrrW 10 >_�Q _ ys!3S 4HOZ5 9A',1 S,:X7 ;710NJ - - - - -1 410 AS NOISN31 %3 N3M3S 3ffillP3•� 9t (�\ : 1r r ,Y? PN ; !7NY N3C j r J v( •r J �Z� �� � A '1b l r v ✓d, Js ''JJt: f _'_ - �t0 - - -- L S3}idl N 3-7Y! ,MO77M 53l 0N30 a „'n 3 - 7 11 A a 1N3 33N1 HSV 371ON30 r 3361 3Nld 5310N30 s / / ON303 3 /\ I " + '" Oowd s3t:)NVd32OMCl ANY 2i3M3S''PWI S 9N11S1X3 RV .WU,;O tL 303 :3103 ♦ J �` �oaa5 �£ OVER and STREET IMPROVEMENTS I j I , I tlSTlll✓G GRADE PRIOR PIPE PLACEMEN?f , I I EX. M.H. ' � - Ifl R.E. 890'•i I ; M.4 1 3d0a I.E. .._.... I.E. 881.54 11 I I I I i ' I i I I I � 1 I I I I l CONNECiT TO I ' EXIST. M.H. I I 3 +00 2 +00 1 +00 0 +00 x under DEVELOPER d pro- CARL BUECMFA SANITARY SEWER t z, ,nesoro. BUECHLER ESTATES 2954 N. RICE STREET and STREETS CENTERVILLE, MINNESOTA 5T. PAUL, MN 55113 S`" 'EL. (612) 484 -1213 MOUND TRAIL , ' I SINqV4DAOHdINI iD=lHiS PUB HqM 'U OS yw1 1 zz a 'tC i '91 '3M A 71n karos oz r o c I xw � '. - - � '► per. t . 6�`? �i I . � nVgti ? .� T � r ��r, �� �[� • � t ^�N �� uC ��. J \ / H o f , ', ' _� .�� �l � /�� ...w3`�� ,ndH �� ����� "C G. • � a �' .. } � I I ! i / -_- -- 9EVDTES fX/s J7Nv SAA'1 TART ;; :r;q fE .:�PCFOSED SANIT A?> SE.�, MOUND TRAIL SANITARY ALL BEARINGS ARE ON ASSU,VED DATUM i f I I 895 j `- PROPOS$D F GRADE AM 890 i ' R 891.6 91 I E. 882 8I6 885 _... _ _ _ � _ ' PLUG END 1 ' LE. !882.96 880 i 330' -$' PVC ® 0,40% _ - - -- - - -- -- _ _.. - - -- -.._ _ _ _ - - -� - - -- - - -- L - - -- _ i I • 875 I 1 i i 1 1 I 6+00 5 +00 4 +00 S /T£ PLANNING ENGINEERING i hereby certify that this plan was , C.G.S. 1210 OLMNGES PER TW WMATS f my direct supervision and that / am 8p "' CHARLES W 0/ OWE COAL tl 77a fib C�/I�W tessianot engineer under the taws of C.G.S. I�� �L IIG N/N7fJL ��/R.i C�rir�rCGl7 C CK a 3 ?50 LEXINGTON AVENUE N.£. L � C.W.P. -" T£L: (612) 785 -1043 CIRCLE PINES, MN 55014 FAX: (612) 786 -6007 PATC. -- 12/04/9 _ .qEG, N I I 1 GRAD ING PLAN POR: Carl Buechler EROSION CONTROL NOTES 1. PRIOR TO ROUGH GRADING, INSTALL SILT STOP FENCE IN LOCATIONS SHOWN. ADDITIONAL SILT STOP FENCE I WILL BE REQUIRED WHERE LOCAL CONDITIONS REQUIRE. INSTALL TREE PROTECTIUN AS DEEMED NECESSARY BY THE CITY FORESTOR PRIOR TO ROUGH GRADING. 2. ROUGH GRADING SHALL PROCEED ON AN AREA BY AREA BASIS TO MINIMIZE UNCOMPLETED AREAS, 3 AS EACH AREA OUTSIDE THE STREET IS GRADED, PROVIDE NATIVE TOPSOIL. SEED, AND MULCH ANCHORED WITH A ; STRAIGHT SET DISC AS SOON AS PRACTICAL AFTER GRADING. 4, MAINTAIN AND REPAIR SILT STOP FENCES (INCLUDING REMOVAL OF ACCUMULATED SILT) UNTIL VEGETATION IS ESTABLISHED. CONSTRUCTION OR SILT FENCE L 1. SET POSTS AND EXCAVATE A 4' X 4' TRENCH UPSLOPE ALONG THE LINE OF 2 STAPLE VIRE FENCING TO THE POSTS. 4 POSTS. i i N 1 a j 3. ATTACH THE FILTER FABRIC TO THE 4. BACKFILL 5 COMPACT THE EXCAVATED WIRE FENCE 5 EXTEND IT INTO THE SOIL.. 1 tRENCH EXTENSION OF FABRIC a VIRE INTO THE TRENCH i 1 b �} I Y �m I X t tyg 0 b' 4� ,rJS , -I. MAINTAIN AND REPAIR SILT STOP FENCES (INCLUDING REMOVAL OF ACCUMULATED SILT) UNTIL VEGETATION IS ESTABLISHED. i K =s CONSTRUCTION OF SILT FENCE 1. SET POSTS AND EXCAVATE A 4 X 4' 2, STAPLE WIRE FENCING TO THE POSTS. TRENCH UPSLOPE ALONG THE LINE OF POSTS. j ATT4CH THE FILTER FABRIC TO THE 4. BACKFILL L COMPACT THE EXCAVATED 1 WIRE I - FWr S EXTEND 17 INTO THE SOIL, i toRin� EXTENSION OF FABRIC 6 _i. MIRE INTO THE TRENCH. FO_TEP `-ERIC DENOTES P /N£ 7R££ ' I DENOTES ASH TREE Aft DENOTES WILLOW TAE£ OH DENOTES OVERHEAD U77UTY UNE • DENOTES IRON FOUND O DENOTES IRON SET DEA107ES BRUSH LINE r dp x 884,31 DENOTES EXISTING CLEM77ON DENOTES EXISTING SANITARY SEWER MANHOLE DENOTES EXIS77NG CONTOUR DEIV07ES PROPOSED CONTOUR — — — — — — — DEN07ES DRAINAGE AND U7TUTY EASEMENT I. --- OEN07£S ENS77NG STORM SEWER Or — OENOT£S PROPOSED STORM SEWER DENOTES SIL T FENCE ALL BEARINGS ARE ON ASSUMED DATUM DEVELOPER DRAINAGE 4 UTILITY EASEi" 1ENTS CARL BUECHLER DRAINAGE AND UTILITY EASEMENTS SHOWN THUS: 0 ` 4 N. RICE - STREET o •T. PAUL, MN 55113 -{ -J L - - - -� ' FEI_: (61 484 -1213 BEING 5 FEET IN M10TH AND ADJOINING SIDE LOT w LINES AND REAR LOT LINES, AND 10 FEET IN ` WDIN, UNLESS OTHERWISE INDICATED, AND r E ADJOINING STREET LINES, AS SHOW ON THE PLAT. x : PREPARED eY: Ms. RUD SONS, INC. ` LAND SURVEYORS A l .r %lW LEXINGTON AVE. NE CIRCLE PINES, MN 5DO14 TiL. (612) 186 -8656 #AX, W2) 186 -6001 k z, a j r / � f / / / 4e / R :t / b11� rL(1 bg1 � / J / / % 894• ' � x 894. o \ i l \ a _ CE NT RVI 8g o 4 UN LAKES 8g 09 a / / e 3.2J / x 894 / o / / / 9g g / / X 99 \ \ \ ♦ $ 4P' \ \ AA \ A \ > / / / CE NT RVI 890 LIN LAKES 86,2 g _ rn � 0 a 0° � 6 0 0 NOTES MINIMUM S R MINIMUM BASEMENT ELE✓A77ON 889.0 �S Fes AT THE TIMf OF CONSTRUCAON OF HOMES EROS /ON CONTROL MEASURES WILL BE IMPLEMENTED • e a� a: AS REOUIRED BY THE CITY. HWSE `� H(M15E GAR GAR J TREE T �' GfiRTIFIGATION DRAWN BY: MMD JOB NO- 98493pp DA 7F: It w CHECK BY: EGR DWG N0: SHEF. T. I ,mby certi that this sur.ey, plan d report was prepared by me or under my ?erect 1 i dvlslon & that I do a Licensed Land Surveyor under the laws of the State of C"LC.0 Dote: 3' License No 9808 ,7 ' est C. Rud NO DATE DFSCRIPTION 3ON3! 11s ,y ti u O b y 9 v� � 3 e \ \ w5� 986 �0 /a/ 8S'OF3WB 31YN 0 / 69 0�0 'eg 6L � \ e X 46 \; \ \ / / 00 "V11 � f64 a s + I 4 b g9 9 o 4 F ° \ / \,_ HALE BALE 0.58 \ \ \ \ S BARRO (TP ) oy o. .63 \ \ OS 9 \ PLOP 8 90.15 kP i 884.31 \ ,n o jJJ Q� xA e A SILT FENCE ti r ` x is H i a 1 M k i i k` r / / / iN3p S. "41 N ye I 1 > d 3IN3' 15 �1Pd x+ is. Y J . H y ' e. I i Pr Y I i Y , } I I I 1 1 j� i J I y y I i NORTH GRAPHIC SCALE w o m w eo ( IN FEET) 1 inch c 40 It AOf 24'98(TUEi 13156 BARN,A URZY STEFFE TEL :612 180 1771 x.002 DRAFT DEVELOPM MNT CONTRACT DWI 11.24 -98 BUECHLER ESTATES CENTERVILLE, MINNESOTA THIS AGREEMENT, made and entered into this day of 19_ _ - tie and between the City of Centerville, a municipal corporation organized under the laws of the State of Minnesota (the °City "), and a (the "Developer"), RECITALS: WHEREAS, the Developer has received approval from the City Council for a preliminary plat of land within the corporate limits of the City, which plat is known as Buechler Estates, hereinafter called "Subdivision "; and WFLREAS, the Developer has applied to the City to be allowed to construct certain, improvements, hereinafter referred to as "Sanitary Sewer and Street Reconstruction Improvements "; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the plat, hereinafter referred to as "Private Improvements NOW, TI-IEREFOfZ3, in consideration of the mutual promises of the parties made herein, it is agreed by and between the parties as follows: A. REPRESENTATTONS OF DEVFLMR As inducement to the City's approval and authorization to proceed with construction and entering into this Agreement, the Developer represents and warrants to the City: I , That the Developer is the fec owner of the property and has authority to enter into this Agraement, 2. That the Subdivision complies with all City, County, State and Federal laws and regulations, including but not limited to City subdivision ordinances and zoning ordinances. 3. The Subdivision complies with all wetland protection legislation. B. PRTVATL IMPROVEMENTS The Developer Mll construct and install at Developer's expense the general improveraeat construction according to ordinance 1 18, Section 38.01 and other improvements specitic to the development herein set forth: 1. Cost of Private Improvements, description: NOV - 24'98(7C'EI 1S:37 BARNA GL'ZY S'TEFFE TEL :612 780 1777 P. OK a. Utility markers approximately _ @ $ each $ b. Street sweeping — @ $ each S C. Signagc and barricades — @ $ each $ d. Street lights approximately @ $ $ e. Shade trees (balled and burlapped) 1 per lot or 2 per corner lot at S each $ f. Sod, 600 square yards per lot a S siy g. City administration for review and compliance of above - hours at $ / hour $ Total Estimated Cost $ Developer Retainage (150 %) $ All of the above items under Section B with the exception of the trees and sod on unbuilt lots shall be completed and /or provided to the City by 19 2. Also included as items associated with the private Improvements, the Developer shall undertake or anange to accomplish the following: a. Site Development Issues L Coordinate with the utility companies to provide for gas main, telephone lines, cable lines, and power lines to service the properties developed on the final plat according to the City's Joint trench policy. ii. Provide seeding and vegetation maintenance and erosion control over denuded or graded areas and mitigation area, at the City's direction. iii. Establish lot corner monumeatation within 60 days of grading completion or within days after filing the final plat, whichever is sooner. 2 NOV - 24'981TUE', 15 :37 BARNA JUZY STEFFE TEL:612 780 177 P.004 iv. Provide such street maintenance and control of builder's actions to maintain roadways clear o rmud, soil, and debris to provide safe driving surfaces. The Developer shall provide sheet sweeping within 24 hours of the City's request for such services. V. Provide for landscaping in accordance with the City ordinances and other requirements. The Developer shall accomplish or cause to be accomplished these actions according to generally accepted trade standards. The Developer will cause to be furnished to the City a schedule of proposed openuions at least five days prior to commencement of the construction activities. It. Site Grading and Building Permits. No building permit shall be issued for any lot without the finished grading in accordance with the approved grading plan. c. Erosion Control, The Developer shall control erosion insuring: i. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plait shall be approved by the City prior to the commencement of site grading or construction. ii. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion, iii. Land shall be developed in increments of workable size. as determined by the City, such that adequate erosion and siltation controls as directed by the engineer can be provided as construction progresses. The smallest practical area of land, as determined by the City, shall be exposed at any one period of time. iv. W11ere the topsoil is removed, sufficient arable soils shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. All disturbed areas shall be seeded, or have sod installed as approved by the City. The Developer shall also install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. d. Nspection. All of the work shall be under and subject to the inspection and approval of the City, City Engineer, and where appropriate, any other governmental agency having jurisdiction. 3 NOV -24' 981 H; 15!38 BARNA GUY STEFFE TEL:612 'SO 177 °. 006 e. Faithful Performance of Construction Contracts and Letter of Credit. The Developer will fully and faithfully comply with all tenor and conditions of any and all contracts entered into by the Developer for the installation and construction of all Private Improvements and hereby guarantees the workmanship and materials for a period of two years following the City's final acceptance of the Private Improvements, The Developer agrees to guaranty for a period of one year the tree plantings required as part of the Developer's Agreement Each specific tree guaranty period shall begin with the planting of each specific tree. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or an Irrevocable Letter of Credit, based on one hundred fifty percent (150 %) of the total estimated cost of the Private ltr-provements as indicated in Paragraph Bl. The lrrovocable Letter of Credit shall be for the exclusive use and benefit of the City of Centerville and shall state thereon the same is issued to guaranty and assure performance by the Developer of all the terms and conditions of Paragraph B1 of this Development Contract, Such Lotter of Credit may be reduced upon completion and acceptance of the Private Improvements by the City to an amount deemed adequate by the City Engineer to cover the two year warranty period described herein. The City shall have the right during said warrant period to draw on the Letter of Credit for any warranty work that is necessary. The Irrevocable Letter of Credit shall be renewed or replaced by not later than iwenty (20) days prior to its expiration with a like letter or bond. f. Reduction of Escrow Guaranty. The Developer may request a reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed Private Improvements at the time of the requested redcctiom The amount of reduction will be determined by the CiCy and such recommendation will be submitted to the City Council for action. Q. Approval of Contractors. Any contractor selected by the Developer to construct and 'install any Private Improvements must be determined in writing by the City Engineer to be acceptable. The City reserves the right to require satisfactory proof of successful experience and adequate financial Status by any such contractor. C. SANITARY SEWER AND STREET RECONSTRUCTION IMPROVEMENTS in accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Sanitary Sewer and Street Reconsiruction Improvements "), include improvements as described by the plans, specifications, and contract documents prepared by the City Engineer and adopted and approved by the City Council. Said improvements shall be constructed and installed by the Developer to serve the Subdivision on the terms and conditions according to 4 NOV -24' 981TUEi 16 : BARNA GUZF STEFFE TEL:612 780 1777 P, 006 ordinsnee number 8, section 38.01, and other improvements specific to the Development herein set forth: 1. Construction Procedures. All such improvements specified herein shall be instituted, constructed, and financed as fellow's: a, The Developer shall provide to the City in writing an indication of the contractor selected by the Developer to construct and install the storm sewer and street reconstruction improvements. The City shall reserve the right to determine of the contractor selected by the Developer is acceptable. The City reserves the right to require satisfactory proof of successful experience and adequate status by any such contractor. b. Construction shall not begin until written notice authorizing construction to scan is received by the Developer from the City. C. Construction shall be completed to the standards and specifications described in the plans and specifications entitled Sanitary Sewer and Street Reconstruction Improvements. Developer authorizes the City and/or the City Engineer to inspect construction of said improvements and grants to them a license to enter the Subdivision to perform all necessary work andior inspections deemed appropriate during said construction, and tlm•ough expiration of any applicable warranty period. d. Developer shall, upon execution of this Agreement, provide the City with cash, letter of credit or other surety with the form of any non -cash surety to be satisfactory to the City in the sum of Fifty -six Thousand Six Hundred Thirty Dollars (556,630). Said figure represents 125% of the estimated cost of the Sanitary Sewer and Street Reconstruction Improvements (the above Figure reflects the agreement between the City and Developer to equally share the cost of reconstructing Mound Trail adjacent to the Subdivision property), The said surety shall be a guaranty to the City that said improvements will be timely completed to the City's satisfaction. The said cash, letter of credit or other surety shall be maintained continuously by the Developer until said improvements are completed to the City's satisfaction. The said cash, letter of credit or other surety for said improvement shall be released upon certification of the City )engineer that such items are satisfactorily completed pursuant to this Agreement. Periodically, as payments are made by Developer for the completion of said improvements, and when it is reasonably prudent, Developer may request of the City that the surety be reduced for the portion thereof which has been fully completed and paid. In the event that any cash, letter of credit or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City as set forth herein, the Developer agrees that upon being billed by the City, the Developer will pay within ten (10) days of the mailing of said billing, the 5 NOv - 24' 98(TUEi 15'39 BARNA. SUZY STEFFE TEL�61 IR 17 P. DO% said deficient amount. Irthere should be an overage in the amount of utilized security, the City will, upon snaking said determination, refund to the Developer any monies which the City has in its possession which arc in excess of the actual cost paid by the City. 2. Construction Administration Escrow. Prior to rho preparation of final plans and specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow in an amount indicated in writing to provide for financing the cost of preparing said final plans and specifications by the City Engineer. Furthermore, the Developer shall also provide a cash escrow to the City in an amount indicated in writing to provide For financing the cost of inspection, staking, and construction administration by the City Engineer. D. RECORDING AND RELEASE The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder/Registrar to give notice to future purchasers and owners. E. REIMBURSEMENT OF COSTS The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited to, engineering fees, legal fees, inspection fees, interest costs and any other costs incurred by the City relating to this Development Contract. F. OCCUPATION OF PREMISES The Developer further agrees that it will not cause to be occupied any premises upon the plat or any property within the plat until the completion of the gas, electric, telephone, water, and sewer improvements required by this Development Contract have been installed, unless the City has agreed in writing to waive this requirement as to a specific premises, G. OWN PR81411 OF IMPROVEMENTS Upon completion of the work and construction required by this Contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. H. INDEMNIFICATION AND i HARMLE . The Developer shall hold the City and its officers and employees harmless M M claims made by itself and third parties for damages sustained or costs incurred resuhing from Subdivision plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including reasonable attorneys fees. Provided that nothing herein shall require Developer to indemnify the City, its officers or employees from any violation of law or from the consequences of their ewm negligence. I. PROHIBITIONS AGAINST ASSIGNMENT OF AQREEMENT Developer represents and agrees that prior to the completion of the Developer improvements as cerlified by the City: 6 NOY. -24' 9817UE) 15 40 3 ",RN:; GLZ1' STEFFE TEL :61: 7 80 1777 Except by way of security for, and only for the purpose of obtaining financing necessary to enable the Developer to perform its obligations with respect to the construction of the impmvaments under this Agreement and any other purpose authorized by this Agreement, the Developer (except as so authorized) will not make or create, or Buffer to be made or created, any total or partial sale, askgnmem, conveyance, or transfer in any other mode or form, with respect to this Agreement or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. 2. In the absence ofspecific written agreement by the City to the contrary, no such transfer or approval by the City shall be deemed to relieve Developer from any of its obligations, in the event that the City approves a substitute Developer and the Property is transferred to said substitute, [he City agrees to relieve the Developer of liability from perfonnanee as described in this Contract, Said substitute shall assume all responsibilities and rights of the Developer under this Contract. J. MI5CCELLANEO13 PROVISIONS 1. Reimbursement of Costs for Defense. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement cf this Contract, or any portion thereof, including court costs and reasorable engineering and attorney`s fees. 2. Validity. If any portion, section, subsection, sentence, clause, paragraph, or phrase in this Contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract, 3. Waiver. The action or inaction of the City shall = constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the patties, and approved by written resolution of the City Connell. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 4. Binding Lffect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heir, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. 5. Notice. Whenever in this Contract it shall be required or permined that notice or demand be given or served by either party to this Contract to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses set forth below by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally 7 NO ?1' 981TH 15 d1 SAR' A. RZY STEFFE TEL 61? 780 li' = OUt or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth below until chanced by notice given as per above: Developer: City: City of Centerville Attn: City Administrator 1880 Main Street Centerville, MN 550 ±8 F. Final Plat Approval, The City agrees to give final approve to the plat e tile, Subdivision upon execution and delivery of this Contract and of all required documentation, fees, and securities as set forth heroin. 7. Incorporation by Reference. All approved plans, special provisions, proposals. specifications, and contracts forthe improvements furnished and let pursuant to this Contract shall be and hereby are made a part of this Contract by reference as fully as if set out herein in full. 8. Violation ol'Agreement. Ir. the event that Developer violates am of the covenants and agreements contained in this Development Contract and to be perfotrned by the Developer, the City, at its option, in addition to the rights and remedies as set forth hereunder may refuse to issue building permits to any property within the plat until such time as such default has been corrected w the satisfaction of the City. 9. Park Dedication. The parties mutually recogni2e and agree that park dedications requirements as provided in the City Code shall be satisfied by cash payment of S calculated at $ per lot multiplied by lots. 0. Stone Water Fees. The stormwater fee shall be paid by the Developer prior to approval of the final plat. This fee is $ I based on a charge of $ per square foot of of platted area. 11. Liability Insurance Requirement, The Developer shall provide to the City, at the Developer's expense, general public liability and propeny damage insurance including vehicle coverage protecting the City and the Devc[oper from all claims for personal injury, including death, and all claims for construction of or damage to progeny, arising out of or in connection with any operations under these contract documents, wihethcr such operations be by the Developer. its contractor, or by any subcontractor, or anyone di *ectly or indirectly employed by the contractor or by a subcontractor under it. Insurance shall be arisen with a limit of liability of not less than $600,040 fnr all damages arising out of bodily injury 8 NOV -49' 98 4­,E. 1, :4. 3.A.R ".j GUZY STEFFE TEL612 7 80 171 including death, at any time resultirg therefretn. sustained by any one person in any one accident; and a limit of liability of not less than S1,000,000 for any such damage sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability oi'not less than $300,000 for all property damage sustained by one person in any one accident, and a limit of liability of not less than $700,000 for any such damage sustained by two or more persons in ally one accident. The insurance policies shall accompany the contract for its execution by the Developer and the City of Centerville. The above insurance policies shall be in full force and effect during the life of this Contract. The City, City Engineer, and Developer's engineer shall be an additional nained i*>~ured in any such policy or policies. N 'W I TNESS "Arl'TEREOF, City and Developer have signed this Development Agreement the day and year first written move. CITY: DEVELOPER: CITY OF CE LE Bv: Hy; Mayor Its; ATTEST: By. DRAFT City Clerk STATE OF lvlI NESOTA) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day cf _ 9_ by he Mayor of the City of Centerville, a canicipal ccrporation under the laws of the State of Minnesota, on behalf of the City. Notar; public 9 NU -24' W UE) 15142 BPRN,P GUY STEFFE TEL;61 780 1777 ?,011 STATE OF NflNNESOTA) ) ss COIJWTY OF } The foregoing instrument was acknowledged before me this day of 19 _, by t11e City Clerk of the City of Centerville, a municipal corporation under tho laws of the State of Minnesota, on behalf of the City. Notary Public STATF OF ]ATN IESOTA) ) s.s COUNTY OF 1 The foregoing instrument was acknowledged before me this day of _ 19 the of a Notary Public THIS I STRUMENT WAS DRAFTED BY: BAli \A.. GU %Y AND STL"FFEN, LTD. 400 Nortirtowr Financial Playa 200 Coon Rapids Boulevard Coon Rapids, NIN 55433 (612) 780 -6500 (JDH) Hl ^:i I 10 MEMO DATE: December 3, 1998 TO Honorable Mayor and Council FROM: Jim March RE Mill Road Water Connection (7231 Mill Road) ��� *� «�a■� *�. * * * + *.r� * * * * ** air* ���� *a *��r�� *� *� * *ara *� *� *. *� ++ A resident is requesting to connect to the municipal water system at the above mentioned address. This property is adjacent to a watermain that was installed in previous years. There is no curbstop to this property. Included in your packet is a quote from Ro -So contracting to install a curbstop at this location. The cost to the City for this item is $2350. 1 would suggest treating this property per the current policy. The property owner would be assessed the current rate of $1,741.23 and an additional $1300 water connection charge. The policy in 1993 was $2500 per unit along Mill Road which would have covered both of the above mentioned items. The suggested costs as mentioned above more accurately reflect today's costs. RO -SO CONTRACTING, INC TEL No.612- 429 - 0G7. Dec 3,98 10:44 No.003 F.01 PROPOSAL R Q • So Contracting, Inc. Undrrprornd UUmy Con&acton 7137 20TH AVENUE NORTH • CENTERVILLE, MN 55039 • TELEPHONE: (612) 429.2669 • FAX 429.0471 G 17 OF CE.NTE.RV 1 LL DATE 1z- - 98 JOB N C. .aOF: P6.,R4owSjKLI JOB xAalrr 1N5TPLL 1" WP7-"- LOCATION iZ mtiLL ROA� QUANTITY DESCRIPTION UNIT EXTENSION La Got,.It.iU r - ro E.X. tn" PVC_ WATE RmA1N ON EAST 5\uu OF ROAD P%WZ 1tS�jCHt L 0 CC3RP 110 LF 1`' COPP£.R uJPfTE.R. SERv \CA i EA 1" CuRI3 STOP PAND '6OX L5 Ru1J 1` GOOPE.R- 7'0 L g35D CITY OF CE.ts I.RV 1ti �� 2350 aOE PE RkO WS K I woo � Ro -5CJ W1L� �E4..D a�� fl�5'TUCt$E P2E.A5 mR P4.QKow9 ti5 TO M4kRE A DATE: December 4. 1998 TO: Honorable Mayor and Council FROM: Ry -Chel Gaustad, CMC City Clerk RE: Upgrade /Update Cable Computer MISSION - To implement and utilize the cable computer hardware and software system on the cable access channel to maximize the city's communication potential with its citizen viewers. CURRENT STATUS /DISADVANTAGES - The OMEGA BROADCAST TITLE has not been utilized lately because of various reasons. First, Staff has to allocate 4 - 6 hrs to update the cable channel, depending on the amount of information. Since the system looses its contents during power surges it requires regular updates. Also, the monitor expired in June and needs to be replaced in order to observe updates on the channel. The Omega Computer Companv has been out of business for five years and the purchase of parts and computer support is limited. In addition, the system is "prehistoric" and requires much attention to hold the viewers attention. Besides the listed disadvantages, one advantage to keeping the current system is the cost savings of the proposed computer. COST /BUDGET - The City is scheduled to receive cable franchise fees in March and unspent year -end funds in January of each year. The funds are exclusively ear - marked for cable and the broadcast of cable. Currently, the cable budget reflects an $11,232.14 balance. However, the $1600 council chair purchase amount has not been deducted but will be billed in January 1999. PROPOSAL - Included in your packet is a quote from Alpha Video in Edina. The proposed SCALA system is specifically tailored to fit the needs of this organization. Additional cable cord has been included to hook the system up to the City offices. The attached list is all inclusive, all we need is to provide power and a place to set the system up. ADVANTAGES - There are two sections to the proposal. Section A represents a small client list of current users. Interestingly, Alpha Video is the #1 SCALA reseller in the world. Section B provides a quote and a list of computer components. The proposed package provides many advantages over the current system. The hardware and software are updatable. The software is more powerful, faster and has the ability to create neat effects which will be a visual stimulant to hold the audiences attention. The proposed software assists with more transitions between pages, i.e. tumble; wipe; flip. Also, it is much easier to use and comes complete with a "Save Script" which helps to update and announce upcoming programs. The quote includes a UPS (uninteruptable power surge) protector to insure the information is protected. Finally, the proposed will allow the City to play council meetings, special events and educational videos 24 hrs/ 7 days a week. FINAL ANALYSES The SCALA is a more effective alternative is to implement the proposed plan and watch the communities awareness of City's activities increase. A less attractive option is to keep and maintain the Omega Broadcast Title System, purchase a new monitor and UPS. City of Centmilfe, MN InfoChannel /Playgack System Proposal Gate: December 4, 1998 yq Quota #: 00O2- canter To; City of Centerville, MN Alpha Video and Audio, Inc. Fy -Chel Gaustad 7711 Computer Avenue 1680 Il $ireot Edina, M:N 56435 Centerv,die, MN 5%38 612. 890.989$ (phone) 6'2,42943-232 (phone) w^,alphav4eo.cem 8ebtio 3 A: Inf®Chanradl Notes 1 InfoC annei,is the world's leading software paciage for the developrnenl and broadcast of bulletin and message beard systems, 2 Alpha Video is the world's largest re- seller of InfoChannel and SCALA products: 3 InfoChannei oornbines all of the tools necessary to create a visually stimulating message board ail Into 1 application: These tools include; background design, text design and generation, audio ccnVCl, video control, page and line transitions, remote update capaloN es and schaduling funaiors. 4 InfoChannelis an extremely expardab�o system, via both hardware and software. Your investment today can grew with you. InfeChannel is the most popular application in the educational, government and public cable access arana for us9 on their channels. o Alpha Video's Clients for IefoChannel products :noude: Mad;aOne Jonea intai la Fair Cable Tslsvrsron Mo>7n Suburban Access -G T✓ Nod;. Metro Medls Center ity of Coca Rapids, MN C:'ty c° Faga», MN BernsMGle /Eagan Camr, unity T eievision Duluth PubllQ Access TeleMislon Vn"ll, silly of Minneacts US West Amerrtev' Over 20C focal schools 7 nfaChannel is the choice for several reasons ouklned above. It 's the world's leading softwar: product for ,his appkafioi, has the riChe;t :eafLlre 5- i, :5 an eXpan able 3ysterr.. grid is a!read'y l^ USa by most Of your "sister" mjnicipal!tles c cable operaliors, pleese feel free to Cali me shodd ycu have any quesiiors or require further informat :on. City of Centerville, MN lnfoChannel /Piaypack System Proposal Date: December 4, 1998 Quote 4: 0002•certer To: City of Centerville, MN Alpha Video and Audio, Inc. Ry -Chel Gauslad 7711 Computer Avenue 1880 Main Street Edina, MN 55435 Centerville, MN 55038 612 -896 -9898 (phone) 612. 429 4232 (phone) vvmv.B!phavideo.com Sectlon 8 'Bas,e Playback System Qty Description Unit Cast Total Cc st 1 Alpha Video Custom CPU for SCALA InfoChannel includes: $ 2,024.00 $ 2,024.00 1 Ccmpeq Daskpro EP 6 Daskfop/Miri-7CaEr Cvmpcter 1 84'J8 M: -Tory KI 1 soagato 10G81De System Ha: d Drtve I 24X CD -ROM 0&0 f Foppy Ddva i scone Blaster CcmpaNbla scund Card 7 4MB Graphics Card 1 Koyb-ard and Mouse i N�'arosoP, fndcwsg; on CO -ROM 1 Flay Sneppy Framegeebber 1 Optiquest by VIAw60niC 071 17" SVGA Monitor $ 3310,00 $ 310.00 1 SCALA InfoChannat IC200 for IntellWindows Wor stations $ 3,495,00 $ 3,453.00 1 TV One Delta Scan Pro Scan Converter ; 525,00 S 62$,00 1 Alpha Video Wordcast Plug -1n for IC200 S 395.00 $ 3 95.00 1 installation at Alpha Video $ 300.00 S 300.00 1 Cables and Installation a City of Centerville $ 175.00 $ 173.00 1 SCALA Qulyk Start Installation/Training Fackage (pZ MCF•Shakopee S 450.00 $ 4$0.00 1 Leightronix Mini -T Pro Event Controller (8 Inputs x 1 Out uf) $ 890.00 $ 690.00 2 Lslghtronix PRJVIR Control Cables $ 90.00 S 180.00 2 JVC FIR-$3 @00U SVNS VCR S 325.00 $ 650.00 1 Panasonic CT- 1386VY 13" Color MonitorMacelver $ 355.00 $ 355.00 1 American Power SP1000 Back Up Power Supply S 420.00 3 420.00 1 Authcrized Purchase Discount -IC200 _ _ (1,000.00) Sub- Totai, Sectto A S 9,269.00 Freight (EsUr„afad) $ $0,00 $area Tax (Estimated) $ 602.49 SYSTEM TOTAL, Section A $ 10,921,49 if you have any questions on the contents of this proposal, please contact: Jeffray Volk Account Executive. Alpha Video and Audio 7711 Computer Avenue Edina, MN 55435 612 -841 -:311 (phone) 612.89e -9899 (fax) Jeflvg3lphavtd4;o.com (email) MEMO DATE: December 3, 1998 TO Honorable Mayor and Council FROM: Jim March RE Variance request for 7289 Mill Road (Robert Nepper) Included in your packet is a copy of the certificate of survey for the above mentioned property. A public hearing was held at the last Planning and Zoning Commission meeting. Also included in your packets are the minutes from the last Planning and Zoning meeting. The recommendation was to approve a 10' variance from the front setback only to the east property line. This variance did meet the four stipulations as outlined in Ordinance #4 for granting a variance. The property owner has received a variance from Rice Creek Watershed District to make the lot buildable as well as a letter of map amendment from FEMA. The purpose of the variance is to allow the front of the home to be more in line with adjacent properties, create a further setback from the creek and allow for the mature trees on the west side of the property to be saved. There was no one in attendance at the hearing. I spoke to the only adjacent property owner on the phone in regards to the variance request. This person may appear at the Council meeting. He had indicated to me that they did not have a problem with the variance request. I would recommend granting approval for this request. �Ci V i Ci ISBO:�fain Street • C enterville, LL's 550-3S 612 ' X f612) 429 -8629 `�StC16�15Fi¢Cf185T ( )4�° 9 -323 • Fa STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF VARIANCE PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION PLEASE TAKE NOTICE that the Centenille Planning Commission will hold a public hearing and make a recommendation to the City Council on the following matter ITEM: VARIANCE PETITIONER: TODD ERICSON LOCATION: 7289 Mill Road The petitioners request a front set back requirement variance to construct a home at 7289 Mill Road, THE PROPERTY MAY BE DESCRIBED LEGALLY AS: R14 31 22 34 0012, Lot 3, Block 2 L'allier Estates. The said hearing will take place on Tuesday, December 1, 1998 at the Centerville City Hall, 1880 Main Street in the Council Chambers beginning at 7:00 p.m. or shortly thereafter. The City Hall is ADA Accessible. Request for hearing assistance devices or a sign language interpreter must be must be received before 4:00 p.m. November 21, 1998. All persons interested are invited to attend and be heard. You may call the City Clerks Office at (612)429 -3232 if you have any questions or need additional information. Tuesday, November 10, 1998 /s /Jim March City Administrator abc defghij klmnopgrstuvwxyz Published in the TIMES November 17, & 24, 1998 r. LI .. a � v 4 _ . C'✓ ry JT`i I I` In ID S ,.I 0 4`� - l I I '8:: -0y +• ���e _ I_t c: �r IIJ. 2 ] •4 L xj I \ 4 9 B E x5 NGJ- 10 -199e 16:45 RAPID PACKAGING INC. 612 493 6611 P.01 %01 CITY OF CENTERVILLE APPLICATION FOR VARIANCE OR REZONING VARIANCE x *FEE REZONING DATE PAID STREET LOCATION OF PROPERTY: 7119 Hill SOW) - LEGAL DESCRIPTION OF PROPERTY: Lo 3 e W C.K 2- L' A LLI CR SS - 5 r 4tJ O KA CC. SIZE OF PARCEL(S) &�? XA(V%atettj IUD' X 4 = 1`�4 � PROPERTY OWNER: I4}? -f �i PHONE rldl-7�7 - 5 59 FEE OWNER; Rdo y L ISePpey ADDRESS 725t Shawnee_ Dr. KL •Pact 1 Mi 5510 APPLICANT'S INTEREST IN PROPERTY: FEE OWNER CONTRACT PURCHASER LEASE HOLDER OPTION TO PURCHASE K DESCRIPTION tfREQUEST: oYP ��:arC +0 C � [lop or. 0-P o cn l �v evtj - o c 5 35 er v avXe o ct her 2g or o { o ert' lute . 15 2n REASON FOR REQUEST: `Iln1S aY1aWQe.Wand ovesewv F- yiu o +k& la4 { �ve�s natA'(-a n r , i; uoOZ ct a a ome r�z awa > L a e ss e t c� ee hacL Yew � e � �y� k e o c.�1Yt�it�A[dA7!_) e- Y-Lsll hor -e5 C'n RaL roa , Signature of applicant * Plus any additional costs incurred for engineering, legal fees, publication or other requirements. signature of property owner Date TOTAL P.01 U laa. November 11, 1998 City of Centerville Todd Ericson 1880 Main Street 10716 Nord Av. S. Centerville, MN 55038 Bloomington, MN 55437 (612) 429 -3232 (612) 493 -6505 Fax (612) 429 -8629 Fax (612) 493 -6568 APPLICATION FOR VARIANCE OR REZONING Dear Centerville Planning Commission & City Council, I have an option to purchase and I am applying for a variance to a vacant lot located on 7289 Mill Road. Legal description is Lot 3, Block 2 of L'Allier Estates, Anoka Co.. The lot is approximately a 110' on the East and West, and 145' on the North and South. The current property owner has agreed to pay the $175.00 fee and may be contacted at: Robert Nepper 2251 Shawnee Dr. N. St. Paul, MN 55109 (651) 777 -5159 I am requesting a variance to the property line offset on the East side of the lot. The current offset requirement is 35' (see attached Certificate of Survey). I am requesting and would prefer a variance of 15' or 20', but would welcome a 25' offset. I believe this variance would preserve many of the mature trees and the natural character of this lot. It would also place our proposed home farther away from Clearwater Creek and the steep slope leading down to the creek. This would create greater safety from flooding, make it much easier to comply with the requirements (50' offset from creek) set by the Rice Creek Watershed district, and allow us to enjoy a larger more beautiful backyard. In addition, this variance would bring our home in better alignment with the other existing homes on the same side of the road. If you have questions or need further information please contact me or the property owner. Sincerely, C-- - N � Todd Ericson Jul' 1 ?CJ�lL'lil` PTIS�'F'L'li e O Denolea N4xnel Slake Set For Escow adn Unly limed, Surloce Oro %nape ( ) 0r,otee Propasea Elcwtim 0-0., Existing Elrwtlan 9(`F4 rod of Sidi El.w NOn Scale: 1 = 30' 2050 _ Lorage Fe, Elewlion Donate. 112 Incb ey 14 hdl Iron pipe O mwament eeG ni wile o Iliad. a 3B_L L..—I Flow Elewlian ery n.crlbed 'RIVARD RLS 19421' Ifge of Buodlnh A Ward Fame House Oenolev bon pipe mi,mient found. Spike in S. Foce Pm-, Pod. Nw CVod. .IZe and muhhya a. n„mo1N. cenchmark: Mill R—d k Pelfkr Ldkc Drke The brientilki of tha 3earn9 SNtem Elcwhan 899.58 I. eaeea upon Me rvccrd.J plat o. — L'A',, ER ESTATES ALL BUILDING DIMENSIONS AND FLOOR ELEVATIONS MUST BE VERIFIED BY BUILDER. PELTIER LAKE °p D RI V / F / r r SGS eO Bllumi,m. !'um el o! 8965] $]_.�_ n^ , — i/a 6 09 Ba? TS �G:ard Fel g> TIC i/L W � �f fl. 6 �' lob S89 -, f42.40 � e rF ° •s^ e"1'�f i8.00 -g fns w T/c + 901a y a�t .3 Lan Ci ovu y .;' vp. / + D`H 1 ♦ r� LL), o vo to be rem 4ie Y' PrcpoaM o d I f Special Flood Plain Area. ti iro er Hue C P He (9wa9.)n Js 4 l o/ o s l °i _i f o, 9a o P11-0 e op' o I �. wL1 .JAI "6 36 lip Tap at Hub �. ii 5].4] _ 4P rp'LO 14 , >1a.0 rC.� wee re- -gy .Ge ` SH9 - E 147.47 �? I S e sa "' �. ! e h+ a 100.00 - +r 1 ! W PY I fU UP. fmw s , lb 0.(3 Ir[ Grim <mCame, fhv self M1el P-eposed Lego'. Description rn ion ww e ::. ll, v i'^e Aiwa .f s..,u, Pr an, Area to be removed from Special Flood Hazard Area All that port of Lot 3, Block 2, L'A.LLIER E! icS, according to the warded P lat thereof on `Ile and of record in the Office of the County Recorder, Aram LZunty, IAlnnnsote described as foffaws Beginning ct the northecst coma of seid Lot 3. Block 2; thence on an cssamed booing or South 04 degrees 39 mlrotea 15 seconds West, clang the , east Ilne of bald Lot 3, Black 2, c distance of 110.00 feet to the soulheaet °o __ a 01 said Lot 3, Block 2: thence North 89 degrees 22 minutes 44 vecon as EddNp Neat, elong the south line of saie Let 3, Black 2, a dletcnee of 100.00 leaf; ilea's thence North 17 degrees 14 minutes 00 aecosde East, a distance of 114,5; feet to the north line of said Lot 3, Black 2; thence South 89 degrees 22 minutes 4 seconds Eusl, along the north line of acid 1 3, Block 2, a distance of .5.00 feet to the point of beginning of the parcol of land described. 3 41001. 7 L'A L r FFR ESTATES, aM„e x- v -ta9a l .;neke County, Minnesota. a.a.w a_3_tcve m. (mrmr =awy Wit 11, w,•,. vu, 'drw•st u - ' ,.,. . unar mr ar.n .0 -pi.. o. a„e �at MIDWEST Ju n 1,11 L n.v'.o >.J ana wrw wa.r la +. or W. swt. m v.,.e.am. Lend Surveyors & Civil Engineers, I rr 1., n fi,r W it 1. .,t Peal a we.<wmt ..e o.:coc «. d uu. n.us.. u, . u,,. . na. w . ry oJaw rer 1. Yaraa.. er W..�.r..w. 193 cadn Rama. eAh dates tole Stn coon 12- Pcd-6909 ..0n_ S.StZT � v�r rk to i Fn. 612- Je ( 612-7d6 -31c9 Oy 137 RybtraM Na. — 13i 91 _ Joe fla. - 151 OOaY -Page OnN AavJ FJe 97�TSI ri's`e LNb,ua - Winewta IJCmeaJ Lune $.veep A.11yOt u anitl tnl• _ � Jey of a'—' Lone Sumya. k p..• Fnyinwy Mc - AY Riyiu A. lla7r orti11 emm .r ra, ii uv r mp _x'251 "_799 2 651- 766 - 4136 RICE CREEK W U.ST PAGE 71 RICE CREEK WATERSHED DISTRICT PER-MIT NIJMB ✓R: 97-143 3585 N LEXINGTON AVE STE 330 c: City of Centerville ARDENHILLS MN 55126 -8056 Montgomery Watson PH#651- 766 -4191 FX:651- 766.4196 RCWD Inspector RCWD File PERMIT Pursuant to the Rules and Regulations of the Rice Creek Watershed District and the District policies and standards, and based upon the statements and information contained in the permit application, letters, maps, and plans submitted by the applicant and other supporting data, all ofwnich are made a part hereon" by reference, permission is hereby granted to the applicant named below to conduct the activity described below- ,Name of Applicarut (Perm set tamp I Surery Amo4nr Count"✓ Robert and Mary Nel Final Site Drainage Plan IS3,600.09 A.nOka Rda'ress (AG. & Street, Ci y State, Zip code) 2251 Shawnee Dr., N. St. Paul, DIN 55109 Phcne tr's Fez Cell Phne MISc 777 -5159 748 -9423 Aurhori:ed to i Purpose cif Projectr Final site drainage plan for a single fami'.y residence r;parian to Clearwater Cr. in accordance wit.i corm lcate e; survey prepared by Midwest Land Surveys dated Oct. 29, 1997, received Nov. 12, 1993 ProperyLocaaan I Date oflrrusnce Ezpirar'onUr"lt• SW comer of Peltier Lake Dr. and Mill Rd, Centerville Nov. 25, 1998 May 24, 2000 This permit is granted subiect to the following GENERAL and SPECIAL PROVISION'S' GENERAL PROVISIONS 1. The project snall be in accordance with the plans most recently submitted and approved by the District as pan of the record of this project. 2. Erosion control measures shall be adequately designed for the site characteristics. They n;ay include staked haybales, diversion channels, =sediment ponds, or sediment fences. They shall be installed in accordance with "Protecting Water Quality in Urban A ea Res �T Practices 1 Minnesota." MPCA, October 1989, prior to commencement and shall be maintained throughout rho project. All exposed soil shall be stabilized as soon as possible and no later than 14 days after the completion of the grading. The District Inspector may require Permute, to provide additional erosion control measures beyond those incicded in the approved plan at nis discretion when site conditions warrant. 3. The soils erosion and sediment controls for the rough grading phase of the project must be installed prior to any grading operations. The District Inspector must be notified when the initial erosion controls are installed and prior to any grading operations (651- 766. 4191). 4 . Upon completion of the project and stabilization of all graded areas, all temporary e, - onion controls shall be removed. 5. This permit is not assignable by the Permittee, except with the written consent of the RCWD. 6. The Pe rttittee shall grant access to the site at all reasonable tinnes during and after constriction to authorized representatives of the RCWD for inspection of the work authorized hereunder. 1'/25/1998 2:16 651- 766 - RICE CREEK U DIST FAGE 02 7, In all cases where the Pemtittee, by performing the work authorized by this permit, shall Involve the taking, using, or damaging of any property r;ghts or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the PeTrnittee, before proceeding, shall obtain the written consent of all persons, agencies, or acthorities concerned, and shall acquire all property, rights and interests needed for the work. 8. This permit is permissive only. No liability shall be imposed on the RCWD or znv of its officers, agents, or employees, officially or personally, on account of the granting hereof or on account of any damage to any persott or property resulting from any act or omission of the Permitree or any of I:$ agents, employees, or contractors. This permit shall not be construed as estopping or limiting any legal claims or right of action of any PC-son against the Permitter, its agents, emcloyccs or contractors, for any damage or iniury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the RCWD against the Permitttc, its agents, employees, or contractors for violation of or failure to comp with the permit or applicable provisions of law, 9. Any storrtwater management facilities approved as part of this permit shall be properly - naimamcJ in petpeiuity to assure that they continue to function as originally designed. 10. Within 10 days of project completion, you will notify the District Inspector at 651 - 766.4195. Once the Inspector verifies that site conditions comply with all permit requirements, your cash surety will be returned to the remitter. I1. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS PERMIT IS A VIOLATION OF THE LAW AND MAY RESULT fir FORFEITURE OF PERMITTEE'S SURETY. SPECIAL STIPULATIONS 1. Permittee is required to take the original signed and notarzed easement document to the County Recorder's Office, have the document officially recorded, and provide District with proof of that recording, The original document should be forwarded to the municipality after recording is completed. No cash surety refund will be made until official proof of recording is provided. Authorized Signatures: �/, President, Board of Manage Andrew J. Cardinal �/ Secretary, Board of anagers LI NW -12 -1998 14;46 RAP;D PPCKAGING INC. 612 493 E511 P.01/01 t Robert Nepper 2251 Shawnee Dr. N. St. Pan{, MN 55109 11 /4 /99 (651) 777 -5159 Mr Todd Ericson 10716 Nord Av. S. BloomiWon, NLN 55437 Dear 'v1r Ericson: Enclosed is a full sized copy of the survey of our lot in Centerville, 11N. The area to the tight (cast) of the diagonal dashed line is the area of the lot which is excluded from the "Special Flood Hazard Area (SFHA) ". 11 is also spelled out in "metes and bounds" legal language in the lower left area of the map. The attached copy of the kttcr from FEMA spells out that this portion of our lot is ofliieialty excluded from the restrictions of SMA. Note that the closest portion of proposed house and garage is at least 50 ft. from the center of the creek and that the front and north sides of the structures arc at least 35 ft. from the lot line. The side setback appears to be only 10 A. We believe that all of the restrictions arc being met by these proposed structures. Certainly other structures could be approved if they fell within these limits, We submitted this proposal to the Rice Creek Watershed District (RCWD) which oversees this creek and were immediately given verbal variance approval of this 50 ft. setback due to the close proximity of the Mill Road on the east ('fhe present setback requirommt is normally 1.00 ft.) The RCWD told us that we could have gotten formal approval on the structure; and location we proposed, but we had no customer for it so we decided to wait till we had a customer with his own specific plans for final appravaL The inspector for the city of Centerville told us that the zoning for that lot was in the final stages of being changed to single farn% and that he could see no reason why a building permit for a home on our lot would be denied. That was last year so the zoning change should certainty be final by now. 1 haven't talked to him lately. His name was Pail PaLtz; call him on 429 -3232 for the latest if you care to. 1 hope that this data answers all of the questions you mutt bave.l would be glad to join you at the site if you care to. Call anytime. Sincerely, �� �• Y TOTAL P.01 te/ ✓ ih(e 1 880 M S treet C e nte r y {le, MN 55038 ESta6C15f1ed 1857 (612) 429 -3232 • Fax (612) 429 -8629 RESOLUTION 98 -24 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA RESOLUTION 98 -24 DEAD BROKE SADDLE CLUB WHEREAS, the Centerville City Council met at its scheduled meeting date of December 7, 1998; and WHEREAS, the Centerville City Council discussed the Lawful Gambling of the Dead Broke Saddle Club to operate pull tabs at Trio Inn, 7082 Centerville Road; and WHEREAS, the City of Centerville HAS conducted an investigation of the Dead Broke Saddle Club; and WHEREAS, the Dead Broke Saddle Club is in compliance to City Ordinance #51; and WHEREAS, the Dead Broke Saddle Club appears to take into consideration the best interest of the City of Centerville; NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CENTERVILLE approves the charitable gambling activity of pull tabs by the Dead Broke Saddle Club at Trio Inn. Approved by the Centerville City Council on December 7, 1998 Tom Wilharber, Mayor ATTEST: Ry -Chel Gaustad, CMC City Clerk FOR BOARD USE ONLY !,G21 BASE # — PP #_ FEE Minnesota Lawftd Gambling CHECK INI Premises Permit Application - Part 1 of 2 DATE TIALS P-P 1 .-MR Class of premises permit Renewal (check one) Organization base license number A ($400) Pull-tabs, tipboards, paddlewheels, raffles, bingo Premises permit number B ($250) Pull-tabs, tipboards, paddlewheels, raffles New ❑ C ($200) Bingo only D($150) Raffles only or Ir janiz -atib "._ 1 ' It , r Name of Organization Easiness Address of Organization - Street or P O Box (Do not use the address of your gam bling manager) "t stale Zip Code Coun ty Daytime phone number 77ZJ Name of chief executive officer (otinnot be your gambling manager) Tide I Daytime phone ncmber Bingo Occasions If applying for a class A or C permit, fill in days and beginning & ending hours of bingo occasions: No more than seven bingo occasions maybe conducted by your Organizatio per week. Cay Beg! nning/Endirig Hci= Day Beonning./Endi-ng Hours Day Beginnhng /Ending Hours to to — to t to — to to if bingo will not be conducted, check here Gambling Premises „Information Name of es irri post ottsciii,lbox nucpber) l ar h I s the premises located within city limits? =Yes MNo It no, is township ry qanlzed unorganized � unincorporated Cry and County where gambling premises is located OR Township and County where gambling premises is located if outside of city limits It— Name and address of legal owner of premises City State Zip Code j Cces your organization own the building where the gambling will be conducted? =YES NO It no, attach the following: • a copy of the lease (form LG202) with terms for at least we year. a copy of a sketch of the Roar plan with dimensions, showing what portion is being leased. A lease and sketch are not required for Class 0 applications. Address of si6 a s pace of gi "Iln � . il rne Do not tine a Address City State Zip code Minnesota Lawful Gambling Premise Permit Application - Part 2 of 2 Gambtirlg Bank Account ir�fornirztion Bank Name Bank Account Number Bank Address Ulry State Zip Cow X=Em Name Tess e . . .... ....... Gambling Site Authorization -1 am the chief executive officer of the organization; I hereby consent that local law enforcement officers, the •1 assume full responsibility for the fair and lawful opera - board or agents of the board, or the commissioner of tion of all activities to be conducted; revenue or public safety, or agents of the commissioners, -1 will familiarize myself with the laws of Minnesota may enter the promises to enforce the law. governing lawful gambling and rules of the board and Bank Records Information agree, if licensed, to abide by those laws and rules, Tne board is authorized to inspect the bank records of the including amendments to them; gambling account whenever necessary to fulfill -any changes in application information will be submitted requirements of current gambling rules and law. to the board and local unit of government within 10 days Oath of the change; and I d eclare that: -1 understand that failure to provide required information -1 have read this application and all information submitted or providing false or misleading information may result in to the board is true, accurate and complete; the denial or revocation of the license. -all other required information has been fully disclosed; I nCa I a of c" xacu" al Govemme Acknoultedgement 4. A copy of the local unit of government's resolution ap- 1. The city 'must sign this application if the gambling pram- provino this aoolication must be attached to this application, ises is located within city limits. 5. If this application is denied by the local unit of goverrimani, 2. The county **AND township•• must sign this application 0 it should not be submitted to the Gambling Control Board. the cam blind prem ises is located within a township. 3. The local unit government (city or county) must pass a Township: By signature below, the township acknowledges resolution specifically approving or denying this application. that the organization is applying for a premises perimit within township limits. City* or County** Township*' City or County Name Township Name Signature of person receiving application Signature of person receiving application Tide I Date Received Tide I Date Received Refer to the instructions for required attachments. Mail to Gambling Control Board Rosewood Plaza South, 3rd Floor 1711 W. County Road 8 Roseville, MN 55113 LG214(Part 2) (R.7,�I) Min:,esota Lawful Gambling Lease for Pull -Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 Name ofL gaIOwnerofPremises Street Address City Zip_ Daytime Phone Na me of Lessor Street Address city Zip D ytime Phone (If same as legal owner, write in "SAME") Name of Leased Premises Street Address city Zip Daytime Phone �/':o j'/7/,(/ 74Le3yer.�/c�v. /��� �•.f�i� -Y% S5os8( C:S /) ��f16 zY' �' Name of Lessee (name of organization leasing the remises) GCB license no. of organization Daytime Phone Rent Information • Total rent cannot exceed $1,000 per month for all An organization may not pay rent to itself or to non -bingo activity for this premises. any of its affiliates for space used for the conduct • For bingo activity, use lease form LG222. of lawful gambling. • For pull -tab dispensing machines, use lease form LG223. Rent to be paid per month $ 3 �p (If no rent is to be paid, indicate-D-) Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct For Premises Permit Renewal Applications Only: If no of gambling and storage of gambling product at this changes have been made atthesite, you do not have to premises, attach a sketch (drawing) showing: (1) the complete this section or provide a sketch. leased area(s), and (2) the dimensions. Dimensions // The leased areas are: feet by feet for a total of 7 square feet. feet by feet for a total of square feet. feet by feet for a total of square feet. Storage feet by feet for a total of square feet. Storage feet by feet for a total of square feet. Combined total square feet. Lawful Gambling Activity T voe of gambling activity that will be conducted at this gambling premises. Check all that apply. Paddlewheels X Pull -Tabs _Raffles Tipboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with the If this is an amended lease showing changes occurring dur- premises permit issued by the Gambling Control Board, ing the term of the current premises permit, write in the unless terminated sooner by mutual consent of the lessor date that the changes will be effective _/ ! and lessee. Both parties that signed the lease must initial and date all changes. Questions on this form should be directed to the Licensing The information requested on this form will be used by the Section of the Gambling Control Board at (612) 639 -4000. Gambling Control Board (Board) to determine your compliance This publication will be made available in alternative format with Minnesota statutes and rules governing lawful gambling (i.e. large print, Braille) upon request. Hearing impaired activities. All of the information that you supply on this form individuals using a TTY may call the Minnesota Relay Service will become public information when received by the Board at 1 -500- 627 -3529 and ask to place a call to (612) 639.4000. except, if required, your Social Security number, which remains private. Page 1 of 2 Rev. 8/97 Lei se for Pull -Tab, Paddlewheel, Tipboard, and /or Raffle Activity - LG221 LESSOR PROHIBITIONS agents are found to be solely 4. The lessor shall not modify or Management of Gambling responsible for any illegal gambling terminate this lease in whole or in part Prohibited conducted at that site that is due to the lessor's violation of the prohibited by Minnesota Rules, part provisions listed on this lease. The owner of the premises or the lessor 7861.0050, subpart 1, or Minnesota will not manage the conduct of gambling Statutes, section 609.75, unless the Arbitration Process at the premises. organization's agents responsible for the illegal gambling activity are al The lessor agrees to arbitration when a so Participation as Players Prohibited violation of these lease provisions is agents or emplgyies of the lessor. alleged. The arbitrator shall be the CRG. The lessor, the lessor's immediate family and any agents or gambling employees 4• The lessor shall not modify or of the lessorwill not participate as players terminate the lease in whole or in part ACCESS TO PERMITTEDPREMISE5 in the conduct of lawful gambling on the because the organization reported to State of Minnesota and Law premises. a state or local law enforcement Enforcement authority or the board the occurrence Illegal Gambling at the site of illegal gambling activity The board and its agents, the 1. The lessor is aware of the prohibition in which the organization did not commissioners of revenue and public against illegal gambling in Minnesota participate. safety and their agents, and IoW Statutes, section 609.75, and the Other Prohibitions enforcement personnel have access to penalties for illegal gambling the permitted premises at any violations in Minnesota Rules, part 1. Thelessorwill notimpose restrictions reasonable time during the business 7861.0050, subpart 3. on the organization with respect to hours of the lessor. providers (distributors) of gambling- Organization 2. Tothe best ofthe lessor's knowledge, related equipment and services or in g the lessor affirms that any and all the use of net profits for lawful The organization has access to the games or devices located on the purposes. permitted premises during any time premises are not being used, and are 2 The lessor, the lessor's immediate reasonable and when necessary for the not capable of being used, in a family, and any agents or employees against illegal conduct of lawful gambling on the mannerllegal gambling the Minnesota of the lessor will not require the premises. llegalambli 7 Minnesota organization to perform any action Statutes, section 609.75, and the that would violate statute or rule. LESSOR RECORDS MAINTAINED penalties for illegal gambling violations in Minnesota Rules, part 3. If there is a dispute as to whetherany The lessor shall maintain a record of all 7861.0050, subpart 3. of these lease provisions have been money received from the organization, violated, the lease will remain in effect and make the record available to the 3. Notwithstanding Minnesota Rules, pending a final determination by the board and its agents, the commissioners part zation must mine 3, an Compliance Review of of revenue and public safety and their orcanization must continue making p p ( CRG ) agents upon demand. The record shall rent payments, pursuant to the terms the Gambling Control Board. be maintained fora period of 3 -1/2 years . of the lease, if the organization or its OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and the lessee.) This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities -ther than bingo and pull -tab dispensing devices. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease will be submitted to the Gamblin dntrol Board ten days prior to the effective date of the change. J Sgnatdre of Lessor ,} Date Sign re of nizati Q Official (Lessee) Date Print Name and Title of Lessor Print Name and Title of Lessee Page 2 of 2 Rev. M7 p r o © © O O � L Q d O � I L .5 6D �6 P'-t- �re� lv�ne<3 �5 v MEMO DATE: December 3, 1998 TO Honorable Mayor and Council FROM: Jim March RE Resolution 98 -26 �* t�*► �r• a: �*** �* ti�► �* � *� * * + * *� *a:� *� *r�� » * + *r * * * *� *� »rya *��� * ** Included in your packet is a copy of Resolution 98 -26 that authorizes the Police Commission to enter into a joint powers agreement with all the Cities in Anoka County for a central records project. Also included is a memo from the Assistant County Attorney that describes the benefits of such a program as well as a draft joint powers agreement. I would recommend approving this resolution. k: teryi(fe 188 ` S tre et • C enterville, MN 55 Fstaffished 1857 RESOLUTION 95 -26 (612) 429 -3232 • Fax (612) 429 -8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE A RESOLUTION AUTHORIZING THE POLICE COMMISSION TO ENTER INTO CENTRAL RECORDS JOINT POWERS AGREEMENT. WHEREAS, the cities of Centerville, Circle Pines and Lexington have received services from the Circle Pines- Lexington Police Department, operated through a joint powers agreement between the cities of Circle Pines and Lexington; and WHEREAS, law enforcement agencies in Anoka County have pursued a central records project, and WHEREAS, the cities recognize the need to cooperate in their law enforcement efforts; and WHEREAS, there is a demonstrated need for alternate means to store and access law enforcement data, to communicate among law enforcement agencies and improve the speed and accuracy of law enforcement information requested from other jurisdictions; and WHEREAS, the Anoka County Joint Law Enforcement Central Records Project is proposed to be established through a joint powers agreement, NOW THEREFORE 13E IT RESOLVED, by the City Council of the City of Centerville, Minnesota as follows: That the Circle Pines - Lexington Joint Police Commission is authorized on behalf of the City of Centerville to enter into a joint powers agreement for the purposes of implementing the Joint Law Enforcement Central Records Project as long as the cities of Lexington and Circle Pines also provide the Commission similar authorization. Adopted this 7th Day of December, 1998. Tom Wilharber, Mayor ATTEST: Ry -Chel Gaustad, CMC City Clerk 12/02./93 17 :41 CIRCLE PINES- LEXINGTON POLICE 4 612 429 9629 1PO4 r 5E?iT BY: 11 -3u -tb : 12:41 .1110Na COLIn1Y ALiY- Nil_' 76 _630 :# :Si la ANOKA COUNTY ATTORNEY ROBERT MA, JOHNSON Government Center ♦ 2100 Third Avenue ♦ Anoka, MN 55303 -2265 Adrninisintion Crintir.al Division Civil DYV4ion Invatisation Division Family Law & Mental Juventle Diviaiun Hari@ Divisiun Vlcrlrn.W!taeat Services (612) 323 -0570 (612) 323.5586 (6121422.7599 Par (612) 422.7524 Fax MEMORANDUM TO: City Managers /Adininistrators FROM: Anthony C. Palumbo Au't� Assistant County Attorney DATE: 30 November 1998 RE: Anoka County Joint Law Enforcement Central Records Project As you know, the Anoka County Joint Law Ertbrcement CotincLi has been workingwith your police department and all ether departments in the county to provide a common records system for all police departments in the county, This project has enormous benefits for all departments inter ms of coats, efficiency, and effectiveness of such s system. The system would also forward the required police reports to the State of Miull"012 as required by law, The County has allocated up to 5400,000, on a matching basis with all the interested cities, toward funding the legal and finnanoing (capital) costs fnr the purchase of the computer hardware and software, The County will consider issuing capital totes on December 15 as a 1998 issue for up to S 1.23 million to fund this records project. The current interest rate is about 4.2%. However, before the County proceeds with the P=1114ee of the hardware and software, it needs action from tke cities to make the financial commitment to the records project and to commit to repay any computer hardware purchases trade through this financing. Affirmative Action / Equal opportunity Employer 12/02/58 17:41 CIRCLE PINES -LEXINGTON POLICE d 612 429 8629 GJ05 l sl�tir 8Y: 11 - •30 - W t 13:41 ; daaka County atIY- dl? 730 2!360:# 4,13 Enclosed is a draft of a joint powers agreement which allocates the Capital costs among the cities. The percentages for the records software and installation costs will be based upon the calls for service received for each city daring 1997. The 6horifFs Dept.'s calls for service are not f4pred in the ratio for capital costs because the County is &nding significantly in excess of its 15.89 of the calls. The estimated capital cost so far is $645,000 for the software; $56,000 for consultant and project management fees; and $33,000 for the centralized master server for use by all participants. I anticipate the county will consider the total of the hardware costs of the cities to prepare for this project as a part of the match. The cities would then have to pay approximately 5334,000 ($645,000 + 56,000 + 33,000 • 400,000) pius their own hardware costs. There are additional hardware costs that will be incurred by each city to bring its department up to the required level. The consultant has met with your IS people to determine the equipment you will need to support the now records system. The County is willing to front the costs for your additional equipment provided your city agrees to repay the capital costa expended back to the County. Final equipment costs have not been determined by your police department, but the final agreement will have an attachment detailing the amount your city will have to repay to the County for computer hardware purchased for this project by use of this financing. We have been advised by bond counsel that this purchase is outside the levy limits. The county will pay the 1999 payment on the capital note. This agreement IS structured to consider that many departments may not have funds available in the 1999 budget. Adjustments will be trade in following years to reflect the early payment by the county of its share of the note. Additional costs that will be shared annually by participants is the network maintenance and the software maintenance. Hardware maintenance will be your responsibility. In addition, you will 2 12/'02.198 17:42 CIRCLE PINES— LEXING70N POLICE 4 612 429 8629 1796 11 S0 OL' ' 1I'.: 42 ano�i Cou)iy .li ;Y- Gl_ 7415 5!f9 have to pay an annual fee to the company that supplies the eonnectionto the main server. If you want additional software modules for your city's system, the costs will be fixed by the software company far one year after installation. Please review the enclosed joint powers agreement and let me know at 323 -5666 (phone) or 422.7589 (fax) or acpalumb @Co.Anoka,Mn.US e-mail if you have questions or concerns. We need to have your council take action before December 15 to enter into this agreement. I will be working with your police chief to finalize the dollar figures as soon as posaible and either the chief or I will advise you of this amount. I:�CNAT[Y�ACPwON'7i, A�'IVLaCiCITYAnM.F7tr 3 12/92/98 ':7:43 CIRCLE P LEXING7ON POLICE i 612 429 8629 P07 StN'T BY: 11 -313 -Flt; : 124- : Anokc Coun[y Attr- u1L' 7136 2669;# 67 13 I Aaokn County Conan No. ANOKA COUNTY JOINT LAW ENFORCEMENT CENTRAL RECORDS PROJECT JOINT POWERS AGREEMENT This Joint Powers Agreement ( "Agreeement ") is by and between the County of Anoka, Minnesota (the "County ") and the. ollowing cities located within the County: Anoka, Bethel, Bleine, Circle Pines, Columbia Heights, Coon Rapids, Fridley, Lexington, Lino Lakes, Ramsey, St. Francis and Spring Lake Park (each a "City" and collectively, the "Cities "), WHEREAS, the County and the Cities have previously rcoognized the reed to cooperate in their law enforcement efforts, and have created the Anoka County Joint Law Enforcement Council (Lie "Council ") for this purpose; and WHEREAS. the Council, the County and the Cities have determined that there is a reed for alternative means to store and access law enforcement data, to communicate among law enforcement agencies, and to improve the speed and accuracy o:' law enforcement information requested from another jurisdiction; and WHEREAS, the Council has developed specifications and requested proposals for an integrated central records communication system, Including computer hardware and software (hereinafter, the "System "), to address the foregoing need; and WHEREAS, Tlie County is authorized under Minn. Star § 373.01, subd. 3, to issue capital. notes without a referendum to finance capital equipment including public safety and data processing equipment; and WHEREAS, the Cities are similarly authorized under Minn. Stat. § 412.301, to issue certificates of indebtedness or capital notes without a referendum (provided that the amount of 12./02/98 17:43 CIRCLE PINES — LEXINGTON POLICE a 612 429 862 908 sENr BY: 11- 30 -00 : 1' ; ;C3 Anoka Cuuniy Atty— 012 785 2650;* 7:1J Anoka Coaau Canvut Na, the debt does riot exceed 0,25 percent of the market value of taxable property in the City) to Finance capita: equipment including public safety and data processing equipment, and WHEREAS, Minn. Stat. 471.59 provides for Oe joint exercise of common or similar powers by gcvernmental units, and also provides that a ¢aunty' may perform on behalf of another govefnnantal unit any service or function which that unit would be authorized to provide fo,- itself; and WHEREAS, the purpose of this Agreement is to provide for t11e join? financing of the System and to provide for the sharing of the ongoing costs of the System; NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows; SECTION ONE FINANCING OF CAPITAL COSTS inc County wilI acquire the System in accordance with laws applicable to the County. In ordc- to finance the initial acquisition and installation costs of the System and allocable legal and friancing costs that in the aggregate eeual S (the "Capital Costs the Country will issue S in aggregate principal amount of General Obligation Capital Notes, Series 1998C (the "Notes"). Disbursement and ace¢ -anting of the proceeds of the Notes shall be governed by the County's resc;140n authorizing the issuance of the Notes. The parties hereto recognize that the System includes certain upgrades to existing computer hardware owned by the respective Cities ;the "Ciry Equipment "), Title to any City Equipment inc:uded in the System will be conveyed by the County to the applicable City. All other elements of the '2- 12/02/98 17:44 CIRCLE PINES - LEXINGTON POLICE d 612 429 8629 P09 ' SENT SY: 11 -20 -98 12 -1J knaka County Ai-9Y^ bl:: 785 C854+r ai13 Anoka Cwmry Coilxw vo. ^` SySlem, including the software and the master server, will be owned by the County on behalf of itself and Che Cities. The various Cities' share of the Capital Costs are as follows: Anoka % Blaine % Circle Pines and Lexington. (jointly) % Columbia heights Cocn Rapids % Fridley % Lino Lakes % Ramsey % St. Prancis and Bethel (jointly) �o Spring - -ake Park The Ccunty's share of the Capital Costs is; In order to provide for the financing of the Capital Costs, each City (either individually or jointly as acted above) shall pay to the County on each date that is five days prior to the dates that debt service is due on the :Votes, a percentage of such debt service equal to the Capital Cost share percentages described above. The County shall notify the Cities as to the amount owed, In order to provide for the debt service payments described above, and consistent with Minn, Star. g 412.341, each City shall levy a tax as provided in Minn. Stat. 9 475.61 • It is recognized by the parties hereto that such levies will be treated as "special levies" within the meaning of Mirn. Star. j 275. subd. 5. SECTION TWO ONGOING COSTS The ongoing supper, and maintenance costs of the system (the "Ongoing Costs ,, ) are to be shared by the County and the Cities in accordance with the following percentages: -3- 12/02/98 17:44 CIRCLE PINES — LEXINGTON POLICE a 612 429 6629 1710 SEA \'T BY: I1- 30 -913 : 12 :43 t Anoka County Atty— 6i2 7;35 2b59:A 9/13 Am(%Couruy Cont=t rio. County 15.7% Anoka 4,090 Blaine 16.8% Circle Pines and Lexington (jointly) 3.4% Columbia Heights 8.6% Coon Rapids 213% Fridley 12.0% Lino Lakes 311% Ramsey 4.4% St. Francis and Bethel (jointly) 115% Spring Lake Park 3.2% The County shall determine the amount of the Ongoing Costs in its sole discretion and shall bill the Cities for their share on a quarterly basis. Each of the Cities shall pay the County for their allocable share of the Ongoing Costs within 30 days of receipt of the bill from the County, The County shall strictly account for the disbursement and receipt of funds related to the Ongoing Costs, Each City shall be directly responsible for maintenance and other ongoing costs related specifically to the City Equipment described above. SECTION THREE POLICY DIRECTION REGARDING USE OF SYSTEM In accordance with the joint Law Enforcement Council Agreement that established the Council and the Rules of Procedure applicable thereto, the Council shall provide ongoing policy direction regarding the use of the System. SECTION FOUR REPRESENTATIONS The County and each of the Cities represent that its governing body has duty authorized the execution and delivery hereof, and that upon such execution and delivery, this Agreement -4- 12/02.'98 17:45 CIRCLE PINES —LEXINGTON Pa -ICE 4 612 429 8629 tpli SEW BY: it -30-08 : 12 44 Anoka County Arty- 612 765 1d59001Ui1L3 Araks County Ccmme[ No. JT wll; be binding as against such party. Each City represents that its share of the Capital Costs described above does not exceed 0,23% of the market value of taxable property in such City, and does no: cause the City's debt limit to be exceeded, The County hereby represents that the System :as a useful life at Ieast equal to the term of the Notes, and that the issuance of the Notes does not cause the County's debt Iimit to be exceeded. SECTION FIVE DISTRIBUTION OF PROPERTY Upon the disposition of any part of the City Equipment provided as part of he System, ;he disposition proceeds will be the property of the applicable City. Upon the disposition of any other part of the System, the disposition proceeds shall be shared in =Orddnce with the following percentages: County q Anoka % Blaine % Circle Pines and Lexington (jointly; % Columbia Heights % Coon Rapids Fridley 9� Lino Lakes Ramsey 90 St. Francis and Bethel (jointly) % Spring Lake Park % Any other surplus funds arising as a result of this Agreement after the purpose of this Agreement has been completed shall be shared it, the same percentages. -5- 12.^02!98 _"_46 CIRCLE PENES— LEY:INGTON POLICE 4 612 429 8629 D12 SENT 8Y! 11-3t1 -9f4 ; 12:44 Anoka County Atty 612 786 2$68;411/13 Anoka Covnly Conttau No SECTION SIX TERMINATION 7 : ^is Agreement shall not terminate nor may any part terminate its participation herein prior to the date the Notes are paid in full. Thereafter, any party may terminate its participation in this Agreement and may ter ninalo its participation In the System by written notice to the other parties at least 90 days prior to the effective date of such termination. Upon any such termination, the remaining parties' share of the Ongoing Costs shall be adjusted accordingly. Such widlcrawal shall not terminatt this Agreement except as to the terminating party, Except as provided above, this Agreement shall continue for so long as the System remains placed in service. SECTION SEVEN MISCELLANEOUS This Agreement constitutes the entire agreement of the parries on the matter related hereto. This Agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed in accordance with the laws of the State of Minnesota. -6- 12./02/96 17:46 CIRCLE PINES — LEXINGTON POLICE 4 612 429 8629 013 SENT BY: 11 -30 -06 : 13:46 Anoka County Arty— 618 7;i5 :65U:012/13 Acioka County Ccnt=t No. IN WT; NESS WFEREOF, the parties have caused this Agreement to be executed by their resoective duly authorized officers pursuant to resolutions adopted by their respective governing bridles as of this _ day of December, 1998. COUNTY OF ANOKA CITY OF ANOKA By: By: Dan Erhart, Chair Mayor Board of Commissioners By: ATTEST: City Manager CITY OF BLAINE By: John "Jay" MCLIRden By: County Administrator Mayor Approved as to Form and execution By: City Manager Assistant County Attorney CITY OF BETHEL CITY OF CIRCLE PINES By: B Mayor Mayor By: By: Clerk- Administrator City Manager CITY OF COLUMBIA HEIGHTS CITY OF COON RAPIDS B By .. Mayo Mayor By: B City Manager City Manager 12/02/98 17:47 CIRCLE PINES — LEXINGTON POLICE 36:2 429 8629 914 SENT FY; 11-30 -Ea 1 12;45 Atoka COUtt Oy Atty— 61:7 705 2859 :*13/13 Anoka Couay C0f12L:; Nc CITY OF FRIDLEY CITY OF LEXING'T'ON' By, — By: ti9ayor Mayor By: _ 3v. Clerk - Administrator City Administrator CITY OF LINO LAKES CITY OF RAMSEY By: By: Mayor Mayor 13y: _ By: City Administrator Clerk- Treasurer CITY OF ST. FRANCIS CITY OF SPRING LAKE PARK By: By: Mayor Mayor By: By: Clerk- Treasurer Adminis uw/ClerWTreasurer I \ CI VATrY•ACPIC0NTRACrJLECCrrLE9.AGR -S- CENTERVILLE CSAH 14 COMMITTEE DECEMBER 7, 1998 REQUEST PRESENTED TO COUNCIL MEMBERS 1. REQUEST: The CSAH 14 Committee would like the Council Members to appoint a representative to attend Anoka County, MNDOT, and Cities of Coon Rapids, Blaine, & Lino Lakes meetings. RECOMMENDED REPRESENTATIVE: The CSAH 14 Committee would like to recommend the Council appoint Tim Swedberg, to be Centerville's representative to these meetings. Tim is a Public Relations Specialist with the National Forest Department. He has volunteered to represent the city in this manner, if requested to do so. His initial focus will be to listen, obtain information, and present good relations with the agencies represented at these meetings. The first meeting is at 8:30 am on December 10 at the Anoka County Highway Department. INVITATION: Ms. Stephanie Eiler, Anoka County Highway Department and Margaret Langfeld, Anoka County Commissioner have extended an invitation to Centerville (through the CSAH 14 Committee) to attend the meetings. 2. REQUEST: The CSAH 14 Committee would like the Council Members (including the Council Members Elect) to unanimously adopt the CSAH 14 Portion of the MN Design Team (see attached). This is an essential, basic ingredient for the committee to serve as a catalyst to resolve CSAH 14 Upgrade Issues in the Revitalization of our Centerville Community. CENTERVILLE CSAH 14 COMMITTEE: Our Mission To serve as a catalyst to resolve CSAH 14 Upgrade Issues in the Revitalization of our Centerville Community, to proceed in coordinated harmony with our County, our State, and adjoining Communities. To expedite and prepare a factual design database on CSAH 14 including adjoining communities serviced by CSAH 14. Committee Members: Volunteer members of the community who as a result of the MN Design Team Visit are devoting time and energy toward the CSAH 14 issues. Joyce & Mel Dupre' 7244 Main St Michael Navin 7197 Brian Dr Tom Dupre' 1781 Main St Mari Nelson 1846 73" St Ry -Chel Gaustad City Employee Marcel Rivard, Sr 7072 Progress Rd Jon Gray 1745 Heritage St Tim Swedberg 7239 Clearwater Jerry & Mary Jo Helmbrecht 1745 Main St Sheila Swenson 7124 Main St Rod Henslin 1967 73f° St Cindy & Udo Wegmann 1742 Main St CSAH 14 8 /KC 60 -o CENTERVILLE COMMUNITY WORKSHOP MN DESIGN TEAM 09/25/98 DRAWINGS _ /LATER /M ADEF./✓E S HARK 3 /FE 49,vE 6v EXI57 �7n Ems/ - 5 ° IN/T BIKE 4A e .PEQ t FOB NEJt/ DE!/�zO�iYJpt�� FUTURE •SEPAK9TE u5E5 �+/ /Iiy Lq.vD �,�y,� /jE Si.Q�T °ADOPT Foe �i7) -wiG�' .PE�i a /�EA7� �� ON -Ra Centerville CONNEcr� M `.M SeN4mMi 199N I� a AAa ua� I T r 7,7T - n- H '16 � ii T7 i ..... ..... i E�tST. C4LYr. �� �extKi. 0 I �� 1t l5 71T � Stbw Nppl t r STruzT f r 1 4 , r � �N � � � �N� PEKbp . 'i, LlctiClaG ---- i t � LAcK -E �A bRF� 1 ��. � _ � r� Y1LlFG� Ge�ITF.E SF- Gjla�l '1 r it -- -- I 1 Dir � tieavlaa Centerville u�x „'w” Srp�emlre, 1998 ON G _ FA r P i AD4��'T�Ac�ES /�DVAtJf�G�S S, A V N•t C- -r� c?c f • � r �elS'(trlE� f .1- : �?1�, ,�, d e n '!► CYtSS cb(�ESteS�t ��J�k DIS -A DV WrAGE of C ou Ren�av� bldgs. in Village Cehte�. ' �nc.dur�gc� �Hrauq� 1raf� �. . � wghe� fi�� Speeds. • �rPGtfQs bUYrt2r be fwe� �o+rth avid saufl� • Enc6ut qeS more C build it pgYt4 of - towV►. q+nd they Will co me. • Chan 4000 of Ce0Wq' (( -e. 9 Centerville M i[u [Mo kpembtt 1998 i hT� T42 ( AFllAlls �Glv- riY'Ir{Li�/ V�/ EX 15TIN& 8OLDW& NTORY/PRaf,5,z Centerville Mirvrvrn.,. u escry Heplemhr 1998 OPEN THE DOOR TO LOCAL GOVERNMENT — HERE'S THE KEY r 40.3 i 1999 i i Conference for Newly Elected Officials NC's Conference for Newly Elected Officials is a premiere opportunity for Minnesota's newest mayors, councilmembers and appointed officials to become oriented to the key and fundamental requirements of their new endeavors. Each year, IMC provides this highly - acclaimed, two -day conference to provide newly elected officials with the information they need to get a strong start as decision - makers for the future of their cities. Experienced presenters with practical understanding of cities' issues provide up -to -date perspectives for new leaders in municipal government. I Who should attend? All newly elected and recently appointed Minnesota public officials are encouraged to register for the Conference for Newly Elected Officials. Whether you're a new mayor or councilmember, from metro or greater Minnesota, this fMC conference will give you the tools you'll need to be a leader in your community. Experienced officials looking for a refresher will enjoy the opportunity to hear current perspectives. Highlights of the 1999 Newly Elected Conference N The Big Picture N Changing Landscape of Minnesota Government What Councils Can and Cannot Do Finance Survival Skills for the Newly Elected Official o e Government as a Team Open Meeting Law, Data Privacy � From Conflict of Interest to Personal Liability Connecting With Citizens When and Where In 1999, the two-day Conference for Newly Elected Officials will be presented four times: January 22 -23 St. Paul, Holiday Inn St. Paul East January 29 -30 Mankato, Holiday Inn Downtown February 5-6 Brainerd, Holiday Inn February 26 -27 Plymouth, Radisson Hotel and Conference Center Get Ready To Sign Up! Watch For Materials! In December, the League will send each Minnesota City Clerk's office a Conference for Newly Elected Officials pocket of materials. It will include further information about the event, and forms to handle registration and housing. Call Jodie Tooley, conferences and training manager, at (6511 281 -1251 or 18001925-1122 if you have any questions. CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MEETING DECEMBER 1, 1998 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held its regularly scheduled meeting at City Hall, 1880 Main Street. PRESENT: Chairwoman Kathy Welk Commission Members: Linda Broussard Vickers John Buckbee Brian Hanson ABSENT: Al LaMotte STAFF /CONSULTANTS: Jim March RyChel Gaustad OPENING Roll Call PUBLIC HEARING (S) Varience Rearrest (Robert Ne er) Mr. Nepper gave an overview of a varience request for the east property line of 7289 Mill Road, located south west of the intersection of Peltier Lake Drive and Mill Road. Furthermore, the varience is to implement a 25' front yard set back, rather than the required 35'. The Commission discussed the surrounding property setbacks which ranged from 37' to 59' and clarified the varience request complied with the four criteria layed out in the ordinance. The Commission noted the special hardship circumstance the corner lot featured; creek side, front yard and front side yard. In addition, the south properties structures are set back from the curb line and the proposed parcel will be set back from the ROW. Mr. Nepper did not foresee vehicles in the driveway to obstruct the vision of traveling vehicles because the Peltier Lake Drive and Mill Road intersection is controlled by a stop sign and a dead -end street. Mr Buckbee motioned to close the public Ms Broussard Vickers seconded th motion Motion carried unanimously A .TION ITEMS 1 4 Varience Request (Robert Nenner) Mr Buckbee moved to recommend to the City Council approval of the minimal set back of 25' or subtract 10' from the 35' required setback from the east property line, because the variance request meets t_ he requirements of Sectipn 65 of the ordinance inclucing t�h four variance criteria Ms Broussard - Vickers seconded the motion Motion carried unanimously usly CON ID ,RATION OF MIN T . Motion by Linda Broussard Vickers to approve the May and June�g and Zoning Meeting Minutes Seconded by Mr Buckbee Welk - ave Brian Hanson abstained Motion by Mr Buckbee to table the Sep mb r Planning and Zoning Meeting Min rt s Seconded by Kathy Welk. All in favor. DISCUSSION ITEMS Consider Amendment to Ordinance #4 - Outbuildings (Saxton) THE COMMISSION DISCUSSED THE 34.06 -1 AMOUNT OF YARD OCCUPIED AND 34.06 -2 AMOUNT OF YARD OCCUPIED. The Commission considered the Saxton request and elected to leave the ordinance in its current condition. Consider Amendment to Ordinance #5 - Discharge of Firearms The Commission discussed the difference between Centerville and Circle Pines discharge of firearms. In particular, the wording of the Centerville ordinance "... a device which ejects "a" projectile upon or onto...." and changing to multi - projectile. The Commission requested staff supply the following: 1. A police officer to be present at the next meeting. 2. A list of City and Police complaints. 3. Lino Lakes Discharge of Firearms Ordinance. 4. State laws on the distance between shooters and residential homes. Consider Cat Ordinance and Complaint Letter The Comtission requested staff provide a copy of the existing Animal Ordinance for the January meeting. ADJOURNMENT 2 r Ms Broussard Vickers moved to adioum the Plannin,g and Zoning Meeting Brian Hanson seconded the motion_ All in favor. The December I, 1988 Planning and Zoning Meeting was adjourned at 8:30 p.m. Respectfully Submitted, Ry -Chel Craustad, CMC City Clerk 3 APPROVED CITY OF CENTERVILLE PARK AND RECREATION COMMITTEE NOVEMBER 4, 1998 Pursuant to do call and notice thereof, the Park and Recreation Committee of the City of Centerville held their regularly scheduled meeting on November 4, 1998 at City Hall. Chairperson Michael Navin called the meeting to order at 6:30 p.m. Present: Chairperson Michael Navin Dale Larson Don Bahneman Doug Porter Steve Brown arrived at 6:45 Staff: Jill Lien Jim March, Paul Palzer and Jim Bownik made a brief appearance. CONSIDERATION OF MINUTES October 7, 1998 - Motion by Dale Larson, seconded by Steve Brown to approve the October Minutes. All in favor. Don Bahneman and Steve Brown had to obstain because they were not at the previous meeting. APPREARANCES Wayne LeBlanc spoke briefly about the Minnesota Design Team visit. He mentioned that he was very impressed with the charts and interviews and that Centerville has a unique heritage. There are three proposed street sections in the City: Parkway, Village Center and Urban Section. He also mentioned that most of the citizens felt it was important to save the old buildings. There were 40 citizens interested in volunteering to help. There will be a follow -up Design Team meeting on November 17. Wayne mentioned that he would like to get one liaison from each committee to meet once a month or every other month to proceed with the Design Team suggestions. He felt we should let the Design Team drive the meetings and go ahead with their recommendations without being held up waiting for approvals. Michael Navin offered full support from thePark and Recreation comittee. 1 PETITIONS AND COMPLAINTS UNFINISHED BUSINESS Clearwater Meadows Foot Bridge - Jim Bownik stated it had been requested that he /staff look into the City Council Meeting Minutes from 1996 to see why the foot bridge was never implemented. He stated he looked through all of the 1996 Minutes, and there wasn't any mention of a foot bridge. Buechler Estates - It was requested that staff investigate whether we took land. It was mentioned that the $20,000 - $25,000 would be better spent at the Laurie LaMotte Park. Paul Palzer mentioned that Met Council is replacing the main interceptor and that this might be an opportunity to possibly put in a trailway from Centerville Road to 20th Avenue and south of the Center Oaks subdivisions. Lot Fee Adjustment for Park Dedication - Michael Navin wanted to check into the Comprehensive Plan and with staff, and will report back to us in December. Paul Palzer stated we accepted $25,000 as park dedication for Buechler Estates. Jim March suggested raising the $900 to a higher fee per lot. Doug Porter is going to work on a new proposal. Laurie aMotte Park Update - Jim March stated the ice rink is 95% complete, public works is putting up the hockey boards. It was expressed that the community would like to see a skating night/family fun night. We will have new hand -outs, the seed is spread mulched, and the parking lot lights will be installed. The parking lot will be unpaved until spring, but we are going to try to get curb and gutters installed. Jim March also mentioned a new tractor has been purchased. NEW BUSINESS Michael Navin questioned the Little League's request for dragging the ball fields. Jim March suggested the Little League could purchase the equipment and donate it to the city. Public works could maintain the fields. He stated the Little League wanted the fields dragged daily, but he felt public works would adequately maintain them. Steve Brown will again supervise the scheduling of the skating rink attendants. He will be scheduling the first week of December. Steve is also trying to try to set up a family fun 2 l night, which will include hot chocolate. He felt it would also be nice to set up some type of speaker system for music. DISCUSSION ITEMS December Agenda 1. Obtain more information from Paul Palzer regarding the forcemain and possible trail. 2. Michael Navin will have an update on the Clearwater Meadows foot bridge. 3. Doug Porter will have an update on the lot fee adjustment. 4. Steve Brown and Doug Bahneman will have an update on the ice rink. 5. Steve Brown requested 12 sets of keys for the warming house - which includes a set for City Hall. 6. Copies of the Comprehensive plan were requested for the next meeting, one of which was for Wayne LeBlanc, ADJOURNMENT Motion by Dale Larson to adjourn, seconded by Doug Porter. All in favor. Meeting adjourned at 7:25 p.m. Respectively Submitted, Jill Lien Secretary 3