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Home My WebLink About1996-12-11 - CC Packet w r CITY OF CENTERVILLE CITY COUNCIL AGENDA December 11, 1996, 6:00 p.m. ** The City of Centerville will hold its Truth in Taxation hearing at 6:00. The regular council meeting will follow the hearing. CALL TO ORDER APPROV OF MINUTES -- - - - -- - - -- November -l3,- Regular. Meeting __ November 26, Regular Meeting PAYMENT OF CLAIMS 1. City of Centerville T AGENDA V�E/TITIONS AND COMPLAINTS APPEARP�jiCES \�� // Michael Navin of the P +R Committee will be present to explain a possible joint powers agreement with area communities in regards to recreation services OLD 7NEss Final plat approval Willow Glen Watermain interconnect Si. Eagle Pass - snowmobile issue Results of Sr. Housing public meeting 9. Set date for public hearing on Comprehensive Plan 5•. �` NEW BUS / INESS y!. Status of Peltier Lake Drive Wellhead 1 protection 'oint powers agreement Cn,4 Y" COMMIE REPORTS � :l rc ry er 5 ' IFS 1 J M" INSENT INISTRATOR REPORTS PT 1, � 3ScjF Amok ADL AGENDA (((lll u ADJOURN r a`T CITY OF CENTERVILLE CITY COUNCIL MEETING NOVEMBER 13, 1996 Pursuant to due call and notice thereof, the City Council of the City of Centerville held a regular council meeting on November 13, 1996, at the City Hall. Acting Mayor Helmbrecht called the meeting to order at 6:02 P.M. PRESENT: Mary Jo Helmbrecht Theresa Brenner Sanna Buckbee ABSENT: Tom Wilharber Laura Powers- Rasmussen STAFF /CONSULTANTS: Jim March Gregory Hellings Ry -Chel Gaustad Carolyn Drude David Nyberg PUBLIC HEARING - DELINQUEN1 UTE ITiES: WATEI SEWE a GARBAGE, Helmbrecht opened the Delinquent Utilities Public Hearing. It was mentioned the city has the authority to place delinquent utilities onto property taxes through the county. Helmbrecht opened the floor for discussion. Joseph Salhstrom of 1605 Peltier Lake Drive, objected to the late fees. Mr. Salhstrom presented canceled checks supporting his objection. Mr. Salhstrom requested the council consider allowing residents to use any garbage hauler. Helmbrecht said his name will be removed from the assessment list. MOTION by Brenner, seconded by Helmbrecht to close the public hearing. Motion carried unanimously. MOTION by Brenner, seconded by Helmbrecht to approve the resolution for the delinquent sewer bills to be certified to the county auditor, under code 825.98. Motion carried unanimously. Council Meeting November 13, 1996 MOTION by Brenner, seconded by Helmbrecht to approve the delinquent water bill resolution for the delinquent water bills to be certified to the county auditor, under code 825.98. Motion carried unanimously. MOTION by Brenner, seconded by Buckbee to approve the delinquent garbage resolution with the deletion of Joseph Salhstrom. Motion carried unanimously. ASSESSMEN1 HEARING FOR CLEARWATER MEADOWS AND BRIAN DRIVE WATERMAIN SERVICES, Helmbrecht opened the Public Hearing on Clearwater Meadows and Brian Drive Assessments. Nyberg explained the procedures. Nyberg indicated the proposed assessment at $1,644.91 for a period of 10 years with an interest rate of 8% annual compounding, the first payment of $270.38 the remaining payments of $245.14. Kevin Fogerty of 7088 Brian Drive questioned the conclusion of the assessment amount, suggesting the council consider lowering the S.A.C. fees. Steven Yoch - representing Rockey Goertz of Klosner Goertz Homes Inc., questioned the council if they received Mr. Goertz objection letter. March acknowledged receipt of the letter. Yoch continued explaining the City Hall Watermain improperly charges K -G for the entire cost of the City Hall watermain when other property owners will benefit from the improvement. The assessment should be adjusted to reflect the proportional benefit which will be realized by others. In particular, the Eagle Pass subdivision will contain over 140 units which will benefit from this improvement and are not being assessed. Yoch further explained the period of the assessment; the proposed assessment requires payment over five years while the Development Contract Clearwater Meadows (June 10, 1996) between the City and K -G requires payment over ten years. Nyberg questioned Mr. Goertz's request for the terms 6.5% over 5 years then asked if that was the terms the City and Mr. Goertz agreed upon. Nyberg asked Mr. Goertz if the interest rate of 6.5% with 5 year payments were the terms the City and Mr. Goertz agreed with. Mr. Goertz simply would like to see a break down on all fees, administration, engineering and construction since he is paying for each. Yoch suggested sitting down with Mr. Nyberg to discuss the fees and the assessment amounts prior to the council adopting the assessment. Further, the terms in the developers agreement were 8% over 10 years. Yoch stated if the City adopts the assessments tonight then they will go to court. March asked if Carolyn Drude recalled a meeting with Mr. Goertz and himself when the term length of the bonds were discussed. Ms. Drude recalled the meeting and recalled the terms 6.5% interest with maturity in the fifth year. Mr. Goertz commented its not that the term issue isn't the end of the world, he would just like 2 Council Meeting November 13, 1996 to know where his money is going. Mr. Goertz stressed his interest in identifying allocation of costs associated with Clearwater Meadows. Hellings interjected; the issues could perhaps be ironed out in a meeting between staff and Mr. Goertz, then bring the results back to the council. Hellings explained the council's options are to either adopt the assessments noting the objection was timely received. Which gives the developer 30 days to appeal to the district court or, if the council so chooses, to direct staff to sit down with the developer and the developer's attorney to see if the questions can be appropriately answered. If not, perhaps allow the litigation to continue, as Mr. Hellings was comfortable with either option. March asked Carolyn Drude if the assessment role had to be adopted for the cash flow situation for the City, since the City has been cash flowing this project based on the sale of the bonds and the timing of the cut off for certification. Drude responded her recollection of the meeting was 5 years and callable in 3 years. Further, the bonds are good through tonight only. Hellings suggested if the Engineer is comfortable to sit down with Mr. Goertz and his Attorney, they do so. An executive meeting with the council and attorney was held to discuss an employee issue. Nyberg asked if anyone had further questions, prior to the break. Fogerty agreed with Mr. Goertz and thought the construction costs were too high. Fogerty explained his assessment was based on benefit whereas, the Developer's assessments are based on cost of construction. Mark Edberg of 7072 Brian Drive asked if his well goes bad could he replace it. Nyberg said no, once it goes bad he would have to hook up. MOTION by Helmbrecht, seconded by Brenner, to close the meeting as the council discuss an upcoming personnel issue. Helmbrecht suggested in the meantime the Engineer and Mr. Goertz discuss the Clearwater Meadows and Brian Drive assessments. Motion carried unanimously. Meeting was closed at 7:30 PM, 7:30 PM Tom Wilharber arrived. Helmbrecht reconvened the November I3, 1996, Council Meeting at 8:00 PM. APPROVAL OF THE MINUTES MOTION by Hehnbrecht, seconded by Brenner to approve the October 23, 1996, council meeting minutes with corrections. Motion carried unanimously. PAYMENT OF CLAIMS 3 Council Meeting November 13, 1996 City of Centerville - MOTION by Brenner, seconded by Buckbee to approve the disbursements and receipts from October 24 through November 1 st. Motion carried unanimously. City of Centerville - MOTION by Buckbee, seconded by Brenner to approve the November 1 through 13th receipts and disbursements. Motion carried unanimously. SET AGENDA New Business: Drainage issue Planning and Zoning appointing a new member Two items under administrators report MOTION by Buckbee, seconded by Helmbrecht to approve the set agenda. Motion carried unanimously. PETITIONS AND COMPLAINTS APPEARANCES UNFINISHED BUSINESS Clearwater Meadows - Nyberg explained the Clearwater Meadows developer had objected to the assessments, feeling there should be a deduction in the assessment amount for a shared cost on the watermain behind City Hall for Eagle Pass and Clearwater Meadows and a shared cost for credit used for the watermain on Brian Drive. Buckbee requested the developer drop any threat of litigation if the council approves the decrease in the assessments. Wilharber suggested the intent be included in the minutes and requested the developer state such for the record. Rockney Goertz, Developer stated "We agree to the assessment amount being reduced $13,310.72 per lot, and we understand there won't be any refunds on the watermain or the Brian Drive services, they would be incorporated into the lower assessments and we agree with the 5 year terms ". Yoch included, in the future there may be a reassessment. Further, "as Rockney's Attorney, we will not pursue the city in litigation regarding this situation with Clearwater Meadows, we will be dropping/waMng the issues ". Hellings stated he is comfortable with the resolution. MOTION by Helmbrecht, seconded by Brenner to close the public hearing. Motion carried unanimously. MOTION by Buckbee, seconded by Helmbrecht to adopt the assessment role for Clearwater Meadows in the amount of $13,310.72 and Brian Drive water services at 4 Council Meeting November 13, 1996 $1,644.91, with the notation the developer is forfeiting any future credit on the watermain extension and the developer would be charged for any cost over runs. Over costs and the terms for the developer will be five (5) year terms on the assessment and the water service will be a ten (10) year assessment. Motion carried unanimously. UNFINISHED BUSINESS Willow Glen - Helling explained he had reviewed the disbursements and development agreement and, as discussed with the City Administrator and City Engineer, it does meets with his approval. Bonds - Carolyn Drude, Ehlers and Associates, Inc. distributed the bid tabulation for the general obligation bond for the Clearwater Meadows and Stevens, Edgett watermain project. Ms. Drude commented that she was pleased with the bids and that they all were relatively close. Ms. Drude explained the resolution regarding awarding the sale of the bond in the total of $605,000. MOTION by Brenner, seconded by Hehnbrecht to pass Resolution 96 -40, a resolution awarding the sale of $605,000. general obligation improvement and refunding bonds, series 1996; fixing their form and specifications; directing their execution and delivery; and providing for their payment providing for their execution to John G. Kinnard & Company, Inc. 920 Second Avenue South, 9th Floor, Minneapolis, MN 55402. Motion carried unanimously. Willow Glen - Watermain and Sanitary Sewer Plans - Nyberg indicated the developer may request final plat approval at the November 26, 1996 council meeting. As requested from the council, Nyberg came up with a few scenarios regarding Willow Glen's zoning requirements. If the council elects to go R2A zoning, then five more lots will be available, whereas, R4 zoning is limited. Willow Glen has 96 hook ups so 23 lots would be about one fourth of a]] the hook ups. According to the log supply plan, a Centerville home has about 3.3 persons. It is difficult to determine a rate as some residential homes fluctuate between 2,000 to 5,000 gallons per month. Buckbee asked what does the cost come down to for each hook up. Nyberg took 44% times $1750. equaling a new cost of $770. for sewer and 44% times $1300. equaling a new cost of $572. for water per unit. Nyberg felt the next step would be to discuss building fees. Nyberg suggested an optional density format and Eagle Pass could be handled in a similar way. C.R. felt it would work well as far as sanitary sewer and storm water sewer although he questioned the water meter charge and wondered if the city could change the fee. Buckbee believed the $173.73 is the actual fee the city pays for the water meters. C.R. felt the unit fee and plan review fees seemed high, considering the limited time staff would be involved. March had spoke to the Building Inspector and he checked with Lino 5 Council Meeting November 13, 1996 Lakes and Circle Pines. They both charge for the plan review and unit fees for each unit so if he were building in the immediate area he would be charged for both. March indicated the Building Official recommended charging for both and he would recommend it also. Helmbrecht asked why would we charge for both. March explained Paul had reviewed the plans today and he highlighted each unit with options like a fireplace. If those options go in even though he reviewed the plans - some structural changes could occur and additional plan review will be required. CA. said Bright Key development will not be able to build with the building fees per unit. Buckbee felt the per -unit fees should be: Water meter $173.73 Permit Water hook up @ $770. Sewer @ $572. Storm Sewer @ $200. Site Maint. @ $225. per -unit plus sur charge and SAC. Compromise would be per building charge not per unit on the plan check fee for each building. Site maintenance on each building should be around $500.00 because of the density. Brenner suggested keeping the building fees around $4,000. per -unit. Helmbrecht mentioned the city has lowered sewer and w ter $1,700. Brenner suggested $3,781 . and the fees would be: Sanitary Sewer $770. Municipal Water $572. SAC $900. Storm Sewer $200. Water Meter $173.73 Non - Refunded $ 25. Plan Review $300. Site Maintenance per unit $ 25. Totaling $ 2,965.73 MOTION by Brenner, seconded by Helmbrecht to set building fees for Willow Glen as following: Sanitary sewer $770. Municipal water $572. Plan review per unit $300. Motion carried unanimously. MOTION by Helmbrecht, seconded by Brenner to reduce the garage square footage as submitted. Motion carried unanimously. 6 Council Meeting November 13, 1996 NEW BUSINESS HensellLeroux Property Sketch Plan - Rockney Goeriz - Goertz proposed a sketch plan for the Hensel property. Council discussed the road location. Wilharber indicated he will contact the school and see where Dean Johnson is with the City's Comprehensive Plan. MOTION by Buckbee, seconded by Brenner to table the sketch plan until the Mayor speaks to the school. Motion carried unanimously. Drainage issue - Helmbrecht questioned the placement of a phone box and a man hole at Heritage and Centerville Road. Wilharber thought the box had been there a while. Helmbrecht suggested staff look into the matter. COMMITTEE REPORT Planning and Zoning - Widharber reported the Planning and Zoning Committee recommend Ms. Linda Broussard- Vickers to sit on the Planning and Zoning board. MOTION by Buckbee, seconded by Brenner to approve Linda Broussard- Vickers to sit on the Planning and Zoning Committee. Motion carried unanimously. ADMINISTRATOR REPORT March indicated CB Commercial may want to have approval at the next meeting to locate an antenna on the water tower. March reviewed the North Central Cable Commission information. CONSENT AGENDA 1. November 27 council meeting changed to Tuesday, November 26th. MOTION by Buckbee, seconded by Brenner to approve the consent agenda. Motion carried unanimously. ADJOURN MOTION by Buckbee seconded by Helmbrecht to adjourn the November 13, 1996 council meeting. Motion carried unanimously. Meeting adjourned at 9:55 PM. Respectfully Submitted, Ry -Chel Gaustad City Clerk 7 CITY OF CENTERVILLE CITY COUNCIL MEETING NOVEMBER 26, 1996 Pursuant to due call and notice thereof, the City Council of the City of Centerville held a regular council meeting and workshop on November 26, 1996, at the City Hall. Mayor Tom Wilharber called the meeting to order at 5:00 PM. PRESENT: Tom Wilharber MaryJo Helmbrecht Sanna Buckbee Laura Powers- Rasmussen Theresa Brenner STAFF /CONSULTANTS: Jim March Greg Hellings Ry -Chef Gaustad David Nyberg Paul Palzer WORKSHOP 5 :00 PM Mike Black of Royal Oaks Realty was present to discuss a new sketch plan for the Hensel/Leroux property. Black explained Marcel Eibensteiner was the owner of Royal Oaks Realty, Inc, and they have been developing elite homes since 1977 in the metropolitan area. Black gave his background as a graduate of Mankato State University then working for several municipalities and now works with Royal Oaks as a planner. Black explained Marcel has entered into a purchase agreement with Mr. Goertz, but Mr. Goertz would be building in the development. Black presented three sketch plans, two with a looping road, which would not connect Centerville Road. One sketch plan would connect Centerville Road. Black felt the looping roads would provide a warmer atmosphere whereas, Centerville Road would be a dead end, close to the development. Black projected the homes would range from $160,000.- $175,000 to over $200,000. The proposed project would be called Lakeland Hills. Royal excavating more than likely would be doing the ground movement, although Glen Rehbein has done the grading plans. The average lot size would be around 15,000 sq. ft. Wilharber had spoke to John McClellan from the Centerville Elementary School and they were not in favor of a through road. Wilharber was not in favor of condemning property. March questioned the standard restrictive covenant. City of Centeville Novmeber 26, 1996 Black said first, there will be an architectural review - approving the plans prior to building, second, there will be a restrictive covenant with the size of accessory building. Brenner asked how Royal Oaks was planning to finance; go through the 429 process or independently finance. Black said they will do the finance and project. Brenner asked if they would be having city installed improvements. Black said they are capable of doing the work themselves, but whatever the city is comfortable with. Nyberg suggested the council indicate to Mr. Black their intentions for city installed improvements or not, so Mr. Black can seize the proper easements. Helmbrecht asked when Peltier Lake Drive will be redone. Palzer felt it was the worse road in the city, and it should be done soon. Buckbee said it was done in 1987 and felt the city should consider not assessing the property owners on Peltier Lake Drive every 10 years. Black suggested an investigation on the utility easements either through the existing homes, school or any other options. Palzer suggested a permanent cul-de -sac if Centerville Road doesn't go through. March suggested rezoning the property in January from R2 to R3. Buckbee said, city policy states, the City handles the city installed improvements. March asked Hellings which would be best, city installed improvements or developer install improvements. Hellings said the city could go either way, which ever they are more comfortable with. MOTION by Wilharber, seconded by Buckbee to adjourn the workshop. Special Meeting adjourned at 6:03 PM. Mayor Wilharber called the November 26, 1996, regularly scheduled meeting to order at 6.09 PM. Wilharber announced the council will moved into closed session and adjourn to the small room to discuss a personnel issue at 6:10 PM. Meeting reconvened at 7:25 PM. Hellings explained the "Open Meeting Law" which requires the city to state, the council met in closed session to discuss an employee issue regarding Tim Danielson, whom will be place on probationary discipline for an unspecified time period and a probationary contract will be developed between the city and Mr. Daniel's. 2 City of Centeville Novmeber 26, 1996 APPROVAL OF MINUTES November 13, 1996, regular meeting - MOTION by Buckbee, seconded by Helmbrecht to table the November 13, 1996 minutes. Motion carried unanimously. PAYMENT OF CLAIMS Centennial Fire District - Nov. 12- MOTION by Powers - Rasmussen, seconded by Buckbee to approve the Centennial Fire District receipt and disbursements November 12th. Motion carried unanimously. Centennial Fire District - Nov. 21- MOTION by Powers - Rasmussen, seconded by Brenner to approve the Centennial Fire District receipts and disbursements for November 21 st. Motion carried unanimously. City of Centerville - MOTION by Helmbrecht, seconded by Brenner to approve the November 14 - 26 receipts and disbursements. Wilharber yes, Brenner yes, Helmbrecht yes, Buckbee yes, Powers - Rasmussen abstained. Helmbrecht thanked the Centerville Lions for the donation of the City Sign. Eagle Pass Pay Estimate #2 - Streets and Utilities - Nyberg said one payment remains which covers curbs /gutters. Helmbrecht suggested flagging the utilities in Eagle Pass so snowmobilers do not hit them. MOTION by Buckbee, seconded by Helmbrecht to approve the pay estimate in the amount of $372,691.23 and the city retaining $26,931.72. Motion carried unanimously. Willow Glen Pay Estimate #I - MOTION by Buckbee, seconded by Helmbrecht to approve the pay estimate #1 for Willow Glen in the amount of $39,279.36, with a Retainage of $2,067.34. Wilharber yes, Buckbee yes, Helmbrecht yes, Brenner yes, Powers- Rasmussen abstained. Clearwater Meadows - Pay Estimate No. 3 - MOTION by Helmbrecht, seconded by Buckbee to approve pay estimate no. 3 for Clearwater Meadows in the amount of $119,195.07, with a retainage of $14,133.37. Motion carried unanimously. SET AGENDA Snowmobiling on Main Street EDC 3 City of Centeville Novmeber 26, 1996 MOTION by Powers - Rasmussen, seconded by Helmbrecht to approve the set agenda. Motion carried unanimously. PETITIONS AND COMPLAINTS Powers - Rasmussen received a complaint about the bright lights shinning on the house across from the building the elementary school rents on Heritage. Wilharber feels the lights help the home owners and light the park, the lights have been there for a while. Wilharber received a few complaints about snow plowing, for the public procedures are; plow the Fire Department first, main thorough ways seconded and side streets and dead ends last. PUBLIC HEARING FOR THE ASSESSMENTS FOR THE STEVENS AND EDGETT WATER AND SEWER HOOK -UPS, Wilharber opened the public hearing at 7:35 PM. MOTION by Powers - Rasmussen, seconded by Brenner to adjourn the public hearing. OLD BUSINESS Final plat approval Willow Glen - MOTION by Powers - Rasmussen, seconded by Buckbee to table this issue until next meeting, since council did not receive the information in time to review. Motion carried unanimously. Nyberg explained the developer is not use to taking over the utilities as FHA is restricted to doing the loan because the utilities are and will be privately owned. C.R. of Bright Key Development requested the city council change the developers agreement to exclude the utilities and storm water as privately owned. Nyberg said if the council elects to do this then the city will be responsible for the utilities. MOTION by Buckbee, seconded by Helmbrecht to approve public utilities for Willow Glen. Motion carried unanimously. Laura Powers - Rasmussen left at 8:10 PM Metropolitan Council preliminary comments on Comp. Plan - March spoke with Dean Johnson and he is over budget on this project. Mr. Johnson would like to address these issues submitted, then have a public hearing and send it back for final approval. Buckbee asked where Mr. Johnson is at now and what was the original quote. March said he would talk to Mr. Johnson. Brenner felt the city should be willing to pay more to make sure the job is done right. Wilharber agreed with Brenner, the city should consider investing more to make sure the job is done right. 4 DEC November 22, 1996 Honorable Mayor and Councilmembers: Park Board representatives of the cities of Lexington, Circle Pines, Lino Lakes and Centerville have met approximately four times during this Fall to discuss options to North Metro Recreation for recreational services to our residents. A proposal has been discussed which includes benefits to all partnering cities, and especially to Centerville considering proximity to Lino Lakes. The proposal is to contract recreational services with Lino Lakes. There are many benefits to this proposal including: - Eliminating duplication which now occurs with North Metro and Lino Lakes recreation services, resulting in confusion, decreased participant numbers in each rather than consolidation of interest which often results in canceled classes for both services. - Better and more diverse programming due to the number of staff that can serve participants with Lino Lakes (4) versus the one staff member that is contracted for only 20 hours per week. This is a substantial benefit if only for opportunities for persons to call and inquire about programs during business hours- - Diverse programming resulting in not just youth recreation but expanding opportunities to adults, senior citizens, teens and those with disabilities. - More "bang for the buck" resulting in better recreational programming and implementation. The proposal on the table does not request additional monies at this time, however, cities have the option of increasing recreational opportunities to their residents in future years. It has been proposed that the North Metro Recreation joint powers agreement would dissolve with the formation of a new joint powers with the City of Lino Lakes for recreational services. Each city in the partnership would contribute to the joint powers. Residents of cities that do not participate in the joint powers would be charged a non- resident fee tacked onto the program fee. Centerville did not have representation at the last meeting held Thursday, November 21. The other city representatives are anxious to get moving on the proposal so that a joint powers can be written and presented to each respective City Council. However, we need to know whether or not the City of Centerville is interested in being included in the partnership. Please inform us of your decision whether or not to include Centerville in this partnership by Thursday, December 12, 1996. Since we have been working on this proposal for over five months, you should have been kept informed of the issue and thus we presume this issue has been discussed by your City Council. Again, we have the need to move forward, and are impeded in this effort because Centerville representatives have not given a clear indication whether the City of Centerville is interested in being a partner or not. Your prompt reply of whether Centerville is "in" or "out' is needed by December 12, 1996. If we have not heard from you before this time, it will be presumed that Centerville is not interested. In this case, the proposal will be written to include only the cities of Lexington, Circle Pines and Lino Lakes. Please note that non - participation will mean. that Centerville residents will be charged an additional fee, when registering for recreation programs - since participation without contribution would be unfair to the other partnering communities. If you have any questions please feel free to call me (Mary) at 784 -0618 daytime or 786 -4438 evening or Karna representing Lexington at 784 -3355. Karna Koepke, Lexington Representative Mary Saarion, Circle Pines Representative CIRCLE PINES PARK BOARD SERVICE REQUESTS FOR PARTNERSHIP RECREATION PROGRAM WITH THE CITY OF LINO LAKES 1. PROGRAMS, CLASSES, ACTIVITIES LOCATIONS MUST BE LOCATED IN CIRCLE PINES AND MUST BE REPRESENTATIVE IN ALL QUADRANTS OF THE CITY SUCH AS IN PARKS, SCHOOLS, CHURCHES, LIBRARY OR CITY HALL, 2. PROGRAMS SHOULD BE OFFERED FOR ALL AGES, INTERESTS AND ABILITIES INCLUDING PRE- SCHOOLERS, YOUTH, TEENS, ADULTS AND SENIOR CITIZENS. 3. REGISTRATION SHOULD BE MADE SIMPLE AND CONVENIENT FOR CIRCLE PINES RESIDENTS. REGISTRATION BY CREDIT CARD SHOULD BE AN OPTION AS WELL AS MAIL IN REGISTRATION AND ON -SITE REGISTRATION AT A CITY LOCATION. 4. A VARIETY OF CLASSES SHOULD BE PROGRAMMED FOR DIVERSE INTERESTS INCLUDING ATHLETICS AND SPORTS, ARTS, SUMMER PLAYGROUND PROGRAMS, AFTER SCHOOL PROGRAMS, VACATION DAY ACTIVITIES, TRIPS, FAMILY ACTIVITIES AND SPECIAL EVENTS. 5. BECAUSE LL WOULD BE PROGRAMMING SPORTS AND ATHLETICS, IT WOULD SEEM REASONABLE THAT LL ALSO SCHEDULE CP PARK ATHLETIC FIELDS FOR VARIOUS PROGRAMS AND USERS, AND TO FACILITATE ATHLETIC ASSOCIATIONS' REQUESTS UNDER ONE ENTITY. 6. CP WOULD SUGGEST SUPPORT FOR ALL YOUTH ATHLETIC ASSOCIATIONS SINCE THEY PROVIDE A VALUABLE SERVICE TO THE YOUTH OF THE COMMUNITY, 7. REPRESENTATIVES OF CP SHOULD BE A PART OF A RECREATION BOARD OR COMMISSION TO PROVIDE RECREATION IDEAS AND REQUESTS. 8. FEES AND CHARGES SHOULD BE REASONABLE TO SERVE THE ECONOMIC ABILITY OF THE COMMUNITY TO PARTICIPATE IN RECREATIONAL ACTIVITIES. 9. AN ANNUAL REPORT SHOULD BE PROVIDED WHICH PRESENTS ALL PROGRAMS OFFERED, PROGRAMS THAT WERE SUCCESSFUL, NUMBER OF PARTICIPANTS, BENEFITS, FINANCIAL OUTCOME. DRAFT r Revised December 5, 1996 Development Contract Willow Glen Centerville, Minnesota (Developer Installed Improvements) THIS AGREEMENT made this day of 1996, is by and between the City of Centerville, whose address is 1880 Main Street, Centerville, Minnesota 55038, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City", and R and R Leasing, Inc., a Minnesota corporation, whose address is 6805 20th Avenue, Hugo, MN 55038, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval from the City Council for a preliminary plat of land within the corporate limits of the City known as Willow Glen, hereinafter called "Subdivision "; and WHEREAS, the Developer has applied to the City to be allowed at the Developer's expense to construct all watermain, and sanitary sewer, and storm sewer facilities, hereinafter referred to as Public Improvements; and WHEREAS, the Developer shall designate an association for maintenance and upkeep of the Private Improvements; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the plat including surfaced streets, curb and gutter, required landscaping, stertn - sewer, storm water ponds and drainage facilities, and hereinafter referred to as Private Improvements; and NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: A. 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: a. Street name signs approximately 2 @ $250 /each $500 b. Traffic signs stop sign, dead -end, etc.) approximately 2 @ $200 /each $400 2601084- 2404.oct Page 1 Willow Glen DRAFT Development Agreement Revised December 5, 1996 c. Utility markers approximately 5 @ $200 $1,000 d. Private streets Subgrade, pavement, curb and gutter $160,000 e. S e. Street sweeping 6 each @ $600 /each $3,600 f. Signage and barricades 2 each @ $200 /each $600 g. Hydrant markers 5 each @ $200 1each $1,000 h. Flushing of storm sewers, once per year until all lots are built upon $5,000 i Sod and topsoil approximately 20 000 SY Cry 1 68 /SY $33,60 j. Street lights approximately 5 lights @ $500 /light $Z500 k. Shade trees balled and burlapped 1 each @ approximately $300 /each x 96 lots $28,80 1. City administration for review and compliance of above 80 hours @ $30 /hour $2,4 Total Estimated Cost $239.40 0 Developer Retainage (150 %) $359,100 All of the above items under Section 1 with the exception of the ..La trees landscaping shall be completed by September 15 , 1997. 2. Also included as items associated with the Private Improvements, the Developer shall undertake or arrange to accomplish the following: a. Site Development Issues. 2601084- 2404.mt Page 2 s Willow Glen DRAFT Development Agreement Revised December 5, 1996 1) 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. 2) Provide seeding and vegetation maintenance and control over denuded or graded areas and mitigation area, at the City's direction. 3) Provide street name signs and stop signs. 4) Establish lot corner monumentation within 60 days of grading completion or as soon as practical by Peeember 1, 1 after filing the final plat, whichever is sooner. 5) 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 48 hours of the City's request for such services. 6) Provide for landscaping in accordance with 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 operations at least five days prior to commencement of his construction activities. Construction vehicles for site grading, streets, and utilities will utilize the existing blacktop surface on adjacent Anoka County roads only. b. Site Grading. No certificate of occupancy shall be issued for any unit within a building without the proper grading checked of those lots as determined by the Building Inspector. C. Erosion Control. The Developer shall control erosion insuring: 1) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. 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. 2) 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. 2601084- 2404.mt Page 3 Willow Glen DRAFT Development Agreement Revised December 5, 1996 3) 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. 4) Where 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 and the Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (before occupancy). All disturbed areas shall be seeded. The quality of the top soil restored shall be equivalent to the top soil on the development prior to the removal. d. Inspection All of the work shall be under and subject to the inspection and approval of the City and the City Engineer and, where appropriate, any other governmental agency having jurisdiction. e. Easements The Developer shall make available to the City, at no cost to the City, all permanent or temporary easements necessary for the installation and use of the both the Private Impr vements and the Public Improvements, as determined by the City Engineer. All such easements requested by the City shall be in writing, in recordable form, and on the standard easement form of the City and on such other terms and conditions as the City shall determine. The Developer shall be fully responsible for the recording of such easements. f. Faithful Performance of Agreement and Letter of Credit The Developer will fully and faithfully comply with all terms 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 written confirmation by the City that the private improvements are substantially complete. The Developer agrees to guarantee for a period of one year the tree plantings required as part of the Developer's Agreement. Each specific tree guarantee 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 (150 %) percent of the total estimated cost of the Private Improvements as indicated in Paragraph Al. The Irrevocable 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 guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. Such Letter of Credit may be reduced upon substantial completion 260/084- 2404.oct Page 4 Willow Glen DRAFT Development Agreement Revised December 5, 1996 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 warranty period to draw on the Letter of Credit for any warranty work that is necessary. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be renewed or replaced by not later than twenty (20) days prior to its expiration with a like letter or bond. g. Reduction of Escrow Guarantee The Developer may request 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 reduction. The amount of reduction will be determined by the City and such recommendation will be submitted to the City Council for action. h. 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. i. Association Responsibilities All maintenance and repair of the Ana paved areas shall be the responsibility of the townhome association. Until such time that an association is chosen by the Developer, the Developer shall be responsible for the above mentioned items. Any storm sewer er streets . within the City drainage and utility easement shall remain the sole responsibility of the Developer and /or Association. No trash receptacles shall be allowed outside of the residents garages, except for the purpose of collection as indicated in the City Ordinances. B. PUBLIC IMPROVEMENTS In accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Public Improvements "), to include improvements as described by the plans, specifications, and contract documents entitled Willow Glen Sanitary Sewer and Watermain Improvements, as prepared by the City Engineer, MSA Consulting Engineers, and as adopted and approved by the City Council of the City of Centerville. Said improvements shall be constructed and installed by the City to serve the Subdivision on the terms and conditions according to Ordinance #8, Section 38.01, and other improvements specific to the development herein set forth: 1. Construction Procedures All such improvements set out in Ordinance #8, Section 38.01, and as additionally specified herein shall be instituted, constructed, and financed as follows: 2601084- 2404.w Page 5 Willow Glen DRAFT Development Agreement Revised December 5, 1996 a. The Developer shall provide to the City in writing an indication of the contractor selected by the Developer to construct and install the Public Improvements. The 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 financial status by any such contractor. b. Construction shall not begin 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 Willow Glen Sanitary Sewer and Watermain Improvements. d. The Developer shall provide a Disbursement Agreement as Security for the construction of the Public Improvements as referenced in paragraph B above, Public Improvements. e. As outlined in the Disbursement Agreement, the City shall give written notice to the Developer and the Lender whether the City approves or rejects the Public Improvements through that particular stage of construction submitted for approval. 3. Securit and Re uir i nt Thereof. Prior to 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. Said cash escrow, including accrued interest thereon, may be used by the City upon default by Developer of this Agreement. ' Th a t L ......L ......_.. o letter of __ shall remai in full L.._.... and _ff__t Developer, at the City's option, but in no event shall be less than the total of the outstanding speeial assessments agaimf all properties wig-An the Subdivision. The entire cost of the installation of such improvements, including any reasonable engineering, legal, and administrative costs incurred by the City, shall be paid by the Dev elWer. equal ammal imt2llfnents with interest on the tinpaid imfallments at a rate not to exeeed the maximunt allowed by law. 2MI speeial assessments levied hereto shall be payable to the Deptity Glerk semiamteal iwta4ltnents over ten (10) yeafs eaftffneneing on May 15, 1997, of the yeaf after the levy of sueh assessment and aft eaeh Oeteber 15th and May 15th thereafter 2601084- 2404.oct Page 6 Willow Glen DRAFT Development Agreement Revised December 5, 1996 Developer waives aM appeal rights otherwise available pursbant to umi) the emire balftnee pitts aeefued interest is paid in f-dil t1riless paid earlier. in the Gounty Auditer for eolleetion with the real Estate Taxes. ift hhe event &-ty paymen is not made on the dates set eet herein, the City may exereise its rights gfat*e—d hereunder for stielt deftmit. The Developer waives any and all preeedtiral and assessfftenAs, ftteluding but mf limited to hearing reqttirements and any elaifn that the assessttient e3teeeds the benefit to ft property, In the event the total of all Gity Installed hinprovements is less than originally estimated by the (3ity Engineer in h 4 29 . 08 4- ' 3AOA - 4. Required Payments of Costs Sp°e'�tnettls by Developer Developer, its heirs, successors, or assigns hereby agrees that prior to or on issuance of certificate of occupancy, to pay the entire unpaid improvement costs of the Willow Glen project asses or to be assessed under this Agreement. against sueft property. if a eertifieate af oeettp&iey is issued before the speeial assessmeitts have been levied, the Developer, its heirs, sueeessors, or assigns shall pay the City the sum of eash equal be levied agaimt the property. Upon stteh paytneM the City sliall isstie a eertifteate showing the assessments are paid in full. Notwithstanding the s�uanee of said— eertifieate, the Developer shall be liable to the City for any defieieney and the City shall pay the Developer afty surphts arising from ffie pa""eftf based upon estima 5. Acceleration Upon Default In the event the Developer violates any of the covenants, conditions, or agreements herein contained to be performed by the Developer, violates any ordinance, rule, or regulation of the City, County of Anoka, State of Minnesota, or other governmental entity having jurisdiction over the plat, or fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City, at its option, in addition to its rights and remedies hereunder, after ten (10) days' written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this Agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided in Paragraph (B) hereof. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest, the City may certify such outstanding special assessment in full to the County Auditor pursuant to MS 429.061, Subdivision 3, for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. Also, if the Developer violates any term or condition of this agreement, or if any payment is not made by Developer pursuant to this agreement, the City, at its option, may refuse 260/084- 2404.oct Page 7 Willow Glen DRAFT Development Agreement Revised December 5, 1996 to issue building permits to any of the property within the plat on which the assessments have not been paid. C. 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 to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on page 1 hereof. D. REIMBURSEMENT OF COSTS The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited to, the actual costs of construction of said improvements, both public and private, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. E. OCCUPATION OF PREMISES The Developer further agrees that they 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. Furthermore, Developer shall be granted no certificates of occupancy for townhomes within the plat prior to substantial completion of all Private and Public Improvements described in this Agreement. The City agrees to allow a Certificate of Occupancy for the Parade of Homes in the event the utilities are not complete. No Certificate of Occupancy shall be granted prior to providing a paved or rg avel access either permanent or temporary, to the individual townhome. F. CLEAN UP . The Developer shall be responsible to keep new and existing streets clean and shall conduct routine sweeping of the project area. The Developer shall clean streets no later than 24 48 hours after being notified by the City. G. HOMEOWNER NOTICE Developer agrees to provide the owner of each lot purchased within the development on or before the date of closing a statement in substantially the form shown as Exhibit A hereto. A signed copy of such agreement shall be returned to the City within ten (10) days following execution by the homeowner. H. OWNERSHIP OF IMPROVEMENTS Upon completion of the work and construction required by this contract and acceptance of the public improvements by the City, the watermain, storm sewer. and sanitary sewer lying within the public easements shall become City property without further notice or action. The City shall own and be responsible for the watermain services from the curb stop directly behind the curb to the trunk line All other watermain service pipe shall be the responsibility of the Association The City shall own and be responsible for the sanitary 2601084- 2404.oct Page 8 Willow Glen DRAFT Development Agreement Revised December 5, 1996 sewer services from the first clean -out upstream of the trunk line to the trunk line All other sanitary sewer service pipe shall be the responsibility of the Association The City is not responsible for any drainage issues outside of the drainage and utility easement. The moved areas and curb and Butter shall remain under the ownership and responsibility of the Association. I. 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 reasonable engineering and attorney's fees. J. 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. K. GENERAL 1. Binding Effect The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, 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. 2. Notice Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either parry to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 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 parties hereto are as set forth on Page 1 until changed by notice given as above. 3. Final Plat Approved The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this Agreement and of all required petitions, bonds, fees, and securities indicated in Exhibit B. Final Plat approval is contingent upon the Developer producing deed forms for the outlot indicated on the plat and deeded as follows: Outlot A R and R Leasing, Inc., or Gordon Rehbein Outlot B R and R Leasing, Inc., or Gordon Rehbein 4. Incorporation by Reference All plans, special provisions, proposals, specifications, and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. 260/084- 2404.mt Page 9 Willow Glen DRAFT Development Agreement Revised December 5, 1996 L. VIOLATION OF AGREEMENT In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out 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. M. PARK DEDICATION The Developer agrees to provide park dedication to the City in the form $72-.OW 3 N. STORMWATER FEES The stormwater fee shall be paid by the Developer prior to approval of the final plat. This fee is $26,223.26, based on a charge of $0.01546 per square foot ofd acres of platted area. Of t O. LIABILITY INSURANCE REQUIREMENT The Developer shall provide to the City, at the Developer's expense, general public liability and property damage 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 Contractor or by a subcontractor under him. Insurance shall be written with a limit of liability of not 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 less 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 $600,000 for any such damage sustained by two or more persons in any 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. DEVELOPER CITY OF CENTERVILLE R AND R LEASING, INC. By: By: Mayor ATTEST: By: City Clerk 2601084- 2404.m Page 10 Willow Glen DRAFT Development Agreement Revised December 5, 1996 I, , the undersigned, do hereby verify that I am a partner of the corporation known as R and R Leasing, Inc., and hereby personally guarantee all duties, obligations, and undertaking of said corporation set forth in this Development Contract. STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this _ day of 1996, before me, a Notary Public within and for said County, personally appeared Tom Wilharber to me known to be the Mayor of the City of Centerville, and who executed the foregoing instrument and acknowledged that he executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this _ day of 1996, before me, a Notary Public within and for said County, personally appeared Trudi Breuninger to me known to be the City Clerk of the City of Centerville, and who executed the foregoing instrument and acknowledged that she executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this , day of 1996, before me, a Notary Public within and for said County, personally appeared to me known as a partner of R and R Leasing, Inc., a corporation under the taws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they executed the same on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this _ day of 1996, before me, a Notary Public within and for said County, personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public 260/084- 2404.occ Page 11 Willow Glen DRAFT Development Agreement Revised December 5, 1996 EXHIBIT B CASH FEES 1. Stormwater Fees $26,223.66 2. Preliminary Plat Filing $200.00 3. Final Plat Filing $200.00 4. Administration Fees $100 /Lot $9,600. TOTAL $36,223.66 SECURITIES 1. Public Improvements (Disbursement Agreement) $109,093.25 2. Private Improvements (Paragraph Al) $359.100.00 3. Park Equipment $72.000.00 TOTAL $540,193.25 2601084- 2404.mt Page 12 UJ f �J�G uJ GLEN CItY OF CENtERVILLE, ANOi COUNTY KNOW ALL MEN BY THESE PRESENTS that R & R Leasing, a Minnesota Corporation, owner of the following described property situated in Anoka County, Minnesota: That part of the West Hoff of said Northwest Quarter of the Northwest Quarter of Section 24, Township 31, Range 22, Anoka County, which lies northerly of the following described line: commencing of the northwest corner of said Northwest Quarter of the Northwest Quarter, thence proceeding South along the West line of said Northwest Quarter of the Northwest Quarter for 766.00 feet to the point of beginning of the line to be described. thence proceeding East and parallel with the North line of said Northwest Quarter of the Northwest Quarter to the East line of said West Half of the Northwest Quarter of the Northwest Quarter and said line there terminating_ I Have caused the same to be surveyed, platted and known as WILLOW GLEN and do hereby dedicate to the public for the public use forever the street and avenue and the drainage and utility easements as shown on the plot. In witness whereof said R & R Leasing, a Minnesota corporation, has caused these presents to be signed by its proper officer this day of 79_ R & R LEASING v I ( _ ��I I Mr 11,41 AP By If• \�� /// I r Gerald Rehbein, Vice President STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 19� by Gerald Rehbein, Vice President of R & R Leasing, a Minnesota corporation, on behalf of the corporation. 2 Notary Public. County, Minnesota a Main street (Co. Rd. No! 14) My Commission Expires = o O N a O O W O I, Ronald P. Alvin hereby certify that I hove surveyed and platted the property described in the dedication of this plat as ---- - - - - -- � WILLOW GLEN; that this plat is a correct representation of said survey, that of distance are correctly shown on said plat In feet and hundredths of a foot; that all monuments have been correctly placed in the ground as shown on said plat or will n '` Q F be placed as required by the local governmental unit as designated on the plat; and there are no wet lands or public highways other than as shown thereon. Z c r ° c V ' N S Ronald P. Alvin, Land Surveyor E d 35 Minnesota License No. 17765 6 STATE OF MINNESOTA Cedar Street COUNTY OF ANOKA The surveyor's certificate was acknawledged before me this day of Iy by Ronald P. Alwin, Re Land Surveyor. SEC. 24, TWP. 31, RNG. 22 Notary Public, County, Minnesota My Commission Expires January 31, 2000. This plat of WILLOW GLEN was approved and accepted by the City Council of the City of Centerville, Minnesota, at a regular meeting thereof held this day of , 19 If applicable the written comments and recommendation of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations. as provided by Minnesota Statutes Section 505.03, Subdivision No. 2. r By Mayor By Clerk This plat has been checked and approved this day of , 19 Merlyn D. Anderson Anoka County Surveyor E. G. RUD 8 SONS, INC. Land Survaycrs AN WILLOW COLON CITY OF CENTERVILLE, ANOKA COUNTY �• I 1 1 I I .� - - -- N89W'30'E 658.84 - - -- �. — — — — 812170 1 59886 33 e ^�' _s 1 0 1 L z N ,. j I I l0 9 1 I 6 r( — ` - g x L 10 19 v� O r � 110 10� / I l I >O / p p 22 . l MMNAG AND Union E, MENT I ^ "� I O I `� I 5Bfi55 a1"w 7* 4 7 a ' °> = - W I z 1 / a " "UttnE/SEMENT , — h M.AM AND C4 • �' I 1 I f I ` ry ` sl ��ti ° _ / 33 f w 4, " 'VI I j �1 L _ a I Y " ° •o z I 1- \ -zaoo ` - 1 E--I 1 I Sfi9 3 Y 'E o O I za $ xx J I I n I R I I N83�32`w I I I so \ I98.13 b ^ A \`� s111y2j�a4 00'E 113.78 I x'l 22 \ W N8890' ` -- - - -- —_ - - - MATCNLINE ---------- — NORTH (SEE SHEET 3 OF 3 SHEETS) GRAPHIC SCALE For the purpose of this plat the N. As required by statute, a 112 inch by line of the NW7 /4 of the NW7 /4 of 14' iron pipe will be set on each lot W r.� 1 x Sec. 24, 7wp. 37, 22, has an and block corner and shoo b e in place �.R. RMD f SO NS , I I }��r O. assume, bearing of f N q. 22, '30 "E. on or before one year of the reco rding Of IIIiS pOi. mh 60 h Land Survaycrs Cucc� 7 WI LLOW GL CITY OF CENTERVILLE, ANOKA COUNTY N43 ys'57 -W I88. Jd I L 1 I \ \\ > 1 - 5892J'17'E 270.88 - r �$) NBSt10'00'E 113.76 29.00 1 lz ----- - - - --- --MATCNLINE --------------- �\ i r ; ..� I' i N em mw i.�as,sa f (SEE SHEET 2 OF 3 SHEETS) d , g * O e� a gh eS 1 �i ,1 ... .. .. ,11 M' _ SB934'5/'E 158.00 1. \L f . m` b dN o 10 b'w 1200 12.00 K.00 .° W +w� a t7 t . V I . `$ O p+ ts 156' Y` I $ O 00 - f LOT � ..ff NTrot � o $ 12 'A A,.- q 1 8 8 7 6' 8 5 8 L .8 00 _ _ 32. _ _ 32 „ r ___ _ __ + 1 'W F 'ward' � aj " $ � 1 $ F�-•I a 78W E 11.W 2 3 8 8 4 CH BENY r Sputa in paver Ode at Nw pr or c.s.n.N. 21 a Mon I j , ee ° 8 $ `�°%' 1A 8 g a ^� /.g� f i + ~ Elewtion .908.16 ep � I � i' � � / � + � p U 7 - p .6 .00 ]200 32.00 b OD N.C.V.O. N o S $ �—� _ J 6 \N$� v 1 $ / . N5 \51 ' -_w ut SO - E 156.00 ne 1"i*eE by sfe.t. a 112 with by J' 5 ° 32.W _ _ y,h 5s„�'8 a+ .$ 52. ,yti y % �ti." 14' :on p'pe will be set on can lot `/ 's .8 3200_ _ '� 8 5 vo\ ° � 6 o n cP 150' rp'+' b 71r. .�?s. and bloat camr ana sni x in pm« u - r %rk% �' /e' 1 c�4s• ar or before on. year of d the rec inF i 1. �� _/ t"• 1 b U S \$ W'E /+ 5s •' w, j�y NB "W T�B• .e this pint r T o, ,0 '$ l- s m vii S V/ 11 1�o B �9 �/ s9 Q149 For the purpose of Ihie plat Me N. 1 V line of the NV/ '4 of the NWI 14 of 3 $ Y]� N 1 s - O N 1 Sec. 24. Txp_ 31. Fog. 22, has an �1��II g A a '$ �/ $ �p0 \ 63 " "I/ �. S)J f?'� F ' / ossumed bearing of 1,89 °e8'b "E lyl 8 8 p•4 y �ab s ,yes'yc •c to _ `. 33 N g yy rA 158 -0 188- p 8 J1" 1y8 �' W I e6 ore N76'µ 26'E 104.62 cwT E 90 \ ^` v = to h I / v _ N7 79Y 26 ' E r FI.sFM 50' /.r r0 �O1-�j I r.0 ^'°umy - s t N7.5_- U n r � 7. � aO � In 1 Z NBVesO's8E ,J ; ,r• .woe; /'� P. ore O \ \ \\ w. S g / _ h I r, 4722 f \ 1$ p \ JZ 3 8 o h Jul N On \ N z \ \ rP Pi Z 1O o. +h.. O a� N \ \ \� a N brow Z 8 0 I O - 2,s2Jc "� r1 �$ �. •5dy 2� N I 33 �. $ ..eN $ _.S.W .y0'E m V W , � go00 .5W 60 58291'30•'M 165.2 _, __ � 60.00 _ __ _ 4JJ -3O 165.00 GRAPHIC SCALE - - -- N89 658.30 - - -- NORTH � r � I ' SONS Q� * � /� v , owe - s In E. (S. RuD E SONS INC. Land Survaycra For: R 4 R l,AABING, INC. - Of : Storm Dra Ea sement across N. uNE Nn /1 wn /M1 SEC. 1M1, T 31, R. 11 Nppye",p`[ 1JI 7 . 1111 -` -- ---- - - -__ — - _ - -_ -_- � " the NUJ 1/4 or the NUJ 1 /4 or Section 24, Township 31, Range 22, p4moka Mirresot I z I ii 1 e DESCRIPTION OF PROPOSED EASEMENT Z�n A perpetual easement for public storm drainage purposes over, under and across that part of the Northwest Quarter of the Northwest Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota described as commencing at the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence South 0 degrees tv Y. 24 minutes 25 seconds East, on an assumed bearing along the west line of said Northwest Quarter of the Northwest n $ Quarter 766.00 feet: thence North 89 degrees 48 minutes 30 seconds East parallel with the North line of said CCCVVV pgt q � N Northwest Quarter of the Northwest Quarter for a distance of 260.00 feet to the point of beginning of the parcel to 1 , / r I v' - W3% be described: thence South 0 degrees 24 minutes 25 seconds West 25.00 feet; thence North 89 degrees 48 minutes 30 seconds East 262.56 feet; thence South 0 degrees 03 minutes 02 East 530.40 feet to the South line of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 47 minutes 47 seconds East, along said 7 I� / I south line 60.00 feet; thence North O degrees 03 minutes 02 seconds West 530.38 feet; thence North 89 degrees 48 minutes 30 seconds East 94.26 feet; thence North 0 degrees 11 minutes 30 seconds West 25.00 feet; thence North 18 degrees 05 minutes 07 seconds East 73.21 feet; thence North 06 degrees 49 minutes 09 seconds East 351.87 feet; thence North 13 degrees 26 minutes 49 seconds East 50.99 feet; thence North 10 degrees 29 minutes 21 J F I ^� ,W / seconds West 102.10 feet; thence North 17 degrees 48 minutes 12 seconds East 99.71 feet; thence North 71 feet 03 9 minutes 40 seconds East 54.02 feet; thence North 89 de rees 48 minutes 30 seconds East 311.82 feet; thence North *14 45 degrees 59 minutes 01 seconds East 93.87 feet; thence North 89 degrees 48 minutes 30 seconds East 127.72 feet a ,; to the East line of said Northwest Quarter of the Northwest Quarter; thence North 0 degrees 29 minutes 20 seconds East along said East line 20.00 feet to the Northeast corner of said Northwest Quarter of the Northwest Quarter; thence South 89 degrees 48 minutes 30 seconds West along the North line of said Northwest Quarter of the Northwest Quarter 658.85 feet to its intersection with the East line of the West half of said Northwest Quarter of _ f. the Northwest Quarter; thence South 0 degrees 26 minutes 52 seconds West along said East line of the West half to - - - -r= O — �, — 7� - - -- . �_ -� $ / r + its intersection with a line which bears North 89 degrees 48 minutes 30 seconds East and which passes through the «I M , 4 , _,L „�� ,, ; - point of beginning; thence South 89 degrees 48 minutes 30 seconds West 398.30 feet to the point of beginning. ie ao'w I� I 1 1 hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Y Ronald P Alwin ,, Date: License No. 17765 - - - - - -- ------- - - - - -- NORTH r — — SCALE: V 100' — — sag. 1 COUNTY ROAD N0. 14 Prepared Bch: N INC 556 $1'REEI' 8eo iYa s. urvE uwr /s Nwi /a ( MMN n, R 11 E. C7. RUD SO — — — -- — — — � Ca so,—/ — Lend Surveyore Nw1 /' ar sicn1 1. "BISO LEXINGTON CIRCLE PINES, MN 550`14-3625 Tel. 706 -5556 11ax'06 -6007 IffiHSI December 5, 1996 1326 Energy Park Drive File: 260 - 084 -11 Sr. Paul, MN 55108 612- 644 -4389 Mr. Jim March 1 -800- 8882923 Administrator Fax: 612 - 6449446 City of Centerville 1880 Main Street Centerville, MN 55038 RE: PROPOSED FEASIBILITY STUDY AND COSTS POTENTIAL WATERMAIN AND SEWER EXTENSION Dear Mr. March: For your consideration, a feasibility is proposed containing four different options for CIVIL ENGINEERING: extending watermain and sanitary sewer to the southeast corner of the City. These NARONMENTAL options include the possibility of an interconnect with Lino Lakes. .MINICIPAL PLANNING Option 1: SOLID WASTE STRUCTURAL Extend watermain and sanitary sewer along the proposed right -of -way for 21st Avenue SURVEYING south to Cedar Street on the Lino Lakes corporate boundary. The watermain could tie TRAFFIC into Lino Lakes' existing 16" watermain along Cedar Street. The area could not be TRANSPORrAPON served by gravity sanitary sewer. The effluent would need to be routed to a lift station. ELEC Option 2: ENGINEERING: HYAC Extend watermain and sanitary sewer alongside 20th Avenue south to the intersection of POWER D157M.170` 20th Avenue and Cedar Street. Again, the watermain could tie into Lino Lakes' existing SCADA 16" watermain. This area may or may not be served by gravity sanitary sewer to the SYSTEM CONTROLS north and south. If not, then the effluent would need to be routed to a lift station. This option would warrant further exploration in the feasibility study. ption 3: Analyze the capacity of the lift station in Center Oaks 2nd Addition to handle extra effluent from the previous two options. The station would need to be checked for the possibility of retrofitting. This option would also include preliminary costs of a new lift OFFICES IN: station if the retrofit is not feasible. MINNEAPOLIS PRIOR LAKE ST. PAUL WASECA An Equal Opporrunity Employer Mr. Jim March December 6, 1996 Page Two Option 4: Study the potential individual service corridors for the industrial area between 20th and 21st Avenues, north of Cedar Street. The study would consist of proposed layouts and costs for utility placement within the development to better analyze anticipated assessments. All options would include a preliminary assessment scenario to allow the City to better anticipate future funding needs. Each option would need an estimated budget of $1,000 to further investigate its feasibility. We will be in attendance at the December 11th Council meeting to further discuss this matter if you have any questions. Sincerely, MSA, CONSULTING ENGINEERS Kirsten O. Olson David E. Nyberg, P.E. Staff Engineer Project Manager DEN:tw 084 -0604.dec L .HS1 CR1S[ R%E:GRURS 1326 Energy Park Drive MEMORANDUM St. Paul, MN 55108 612 -644 -4389 To: Mike Quigley, Gor -Em, LLC 1- 800 -888 -2923 From: David E. Nyberg, P.E. Fox: 612-644-9446 Subject: Eagle Pass - Snowmobile Obstructions Date: December 2, 1996 File: 260- 078 -30 At the November 26th Council meeting, Councilmember Helmbrecht mentioned a concern of the police department about snowmobiles crossing through the Eagle Pass development. CIVIL ENGINEERING The concern is that there are several hazards in the open areas that may not be visible given ENVIRONMENTAL the current snow cover. The hazards include, but are not limited to, construction materials NICIPAL and utility markers and boxes. LANNING SOLID WASTE Councilmember Helmbrecht asked that we make you aware of this potential danger to STRUCTURAL snowmobiles, and that you consider installing warning markers where the hazards are SURVEYING located. TRAFFIC TRANSPORTATION DEN:tw EECTRICAUMECHANICAL 078- 0212.dee ENGINEERING- H' ✓AC TOWER DISRIBUiION :CADA SYSTEM CONTROLS FFICES IN: INNEAPOUS PRIOR LAKE ST. PAUL WASECA An Equal Opportunity Employer r ,• December 5, 1996 File: 260 - 084 -11 C01SCl,T16G F41G15EERS 1326 Energy Park Drive SC Paul, MN 55108 Mr. Jim March 612.644.4389 Administrator 1 -800- 888 -2923 City of Centerville F=612- 6449446 1880 Main Street Centerville, MN 55038 RE: STATUS OF PELTIER LAKE DRIVE POTENTIAL WATERMAIN CONSTRUCTION Dear Mr. March: At the November 26th Council meeting, the City Council requested information on the condition of Peltier Lake Drive. Enclosed is a brief summary of the construction history CIVIL ENGINEERING. Of this street. WIRONMENTAL AUNiaPAL Plans for the sanitary sewer to extend along the platted right -of -way for the Peltier Lake PLANNING Drive extension were completed in September 1976. The plans were prepared by SOLID WASTE Milner W. Carley. STRUCTURAL SURVEYING The plans for Peltier Lake Hills 1st Addition were completed in September 1978. Plans TRAFFIC consisted of bituminous streets, bituminous curb, sanitary sewer adjustments, and storm TRANSPORTATION sewer. The streets included Peltier Lake Drive, Peltier Circle, and the first 300 feet of Centerville Road. ELECTRICAL/MECHANICAL ENGINEERING. Peltier Lake Hills 2nd Addition was built by November 1985. These plans consisted of HVAC bituminous streets, concrete curb & gutter, sanitary sewer, and storm sewer. The streets POWER DISTRIBUTION included Clearwater Drive and the continuation of Centerville Road. There was also 4" 5CADA perforated draintile installed under Peltier Lake Drive from Peltier Circle to Clearwater SYSTEM CONTROLS Drive. The most recent street project was completed in February 1987, by MSA. It consisted of street and drainage improvements to Peltier Lake Hills 1st Addition. There were two possible street sections bid with the project. Sketches of the two options are enclosed. The first section includes 6th" of aggregate base, 2" of bituminous base course, and 1 1 /2 " of bituminous wear course. The second section included geotextile fabric installed over native, sandy, lean clay soils. There was 9" of aggregate base and 2" each of bituminous OFFICES 1N: base and wear courses. The engineer determined when each section would be appropriate, MINNEAPOLIS according to the soil conditions encountered. PRIOR LAKE ST. PAUL WASECA An Equal Opportunity Employer i Mr. Jim March December 5, 1996 Page Two These two sections are sufficient to handle 400 to 1,000 Average Daily Traffic (ADT) counts for a 7 -ton road design, assuming soil factors of 75 for the better soils and 120 for the poorer soils. The method of calculation was taken from the Mn/DOT State Aid Manual. Drainage problems have occurred along the road alignment due to the flat grades and the lack of concrete curb and gutter along the road. The road may warrant an overlay in the next few years to protect the existing pavement against further wear and deterioration. The City may wish to consider adding concrete curb and gutter to the road along with the overlay to improve drainage. Another problem with the road is the relatively high water table in the area and the uplifting forces of frost action on cross culvert pipes. These problem areas could be further studied and corrected at the time an overlay of the road was authorized. We hope this information is valuable to the Council for making decisions about installing watermain along Peltier Lake Drive. We will be in attendance at the December 11th Council meeting to further discuss this matter if you have any questions. Sincerely, MSA, CONSULTING ENGINEERS Kirsten Olson David E. Nyberg, P.E. Staff Engineer Project Manager KO:pd Enclosure 084- 0502.dec po W W k � Q h� ` V N� a� C M1M1M1M1 m a ~� m m i o 1p m m ww _ F {� V (LW � {tIF � } r r C j i��a ` � f , IhS wMLL'{�i,p ^�`!'}� . ' } !, +fas ° r f r rr t 7 •y t r � y Y x R J • • e4. , x i':' Y�+q tt t , r r :: p a i ar &' 1t n- �, ¢ . �"i Tr o i C i ��•• ra '» Y ° �� ppt6 L Z . / .J + �r�r • �. r � �j {$ 1� f�. 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W . }czd �0y W' ill M 1549M Y rF �Pt l y J t aefS(� IP1 1 ) J✓ 1 t . r R IN WW COUNTY OF ANOKA COMMUNITY HEALTH & ENVIRONMENTAL SERVICES DEPARTMENT Anoka County Government Center (612) 422 -7030 2100 3rd Ave. FAX (612) 422 -6988 Anoka, MN 55303 -2264 November 26, 1996 MEMO TO: Municipal Wellhead Protection Contacts City of Anoka, John Norgren City of Blaine, Charles Lenthe City of Centerville, RyChel Gaustad City of Circle Pines, Jim Kinath City of Coon Rapids, Bill Ottensmann City of Fridley, John Flora City of Lexington, Alex Wickstrom City of Lino Lakes, Dave Ahrens City of Ramsey, Steve Jankowski City of Spring Lake Park, Barbara Nelson FROM: Robe�t SUBJECT: Wellhead Protection Planning; Joint Powers Agreement Enclosed is a final copy of the joint powers agreement for wellhead protection planning. Also enclosed is one original signature page. When your council approves the agreement, please execute the original signature page and return it to me. I will then have it executed by the county and then send each of you a packet of all of the completed signature pages. If you have any questions, please call me (422- 7068). R Hze M: fE9 DMW LLZMWMO Enclosure Affirmative Action / Equal Opportunity Employer County Contract No. 97 -2256 WELLHEAD PROTECTION JOINT POWERS AGREEMENT THIS AGREEMENT is made and entered into by and between the cities of Anoka, Blaine, Centerville, Circle Pines, Coon Rapids, Fridley, Lexington, Lino Lakes, Ramsey, and Spring Lake Park (herein "Cities "), and the County of Anoka (herein "County), each acting by and through its governing body, pursuant to Minn. Stat. §471.59 providing for the joint exercise of powers. RECITALS: 1. The Cities are now, or will be, required by the Minnesota Department of Health to prepare wellhead protection plans for their community public water supplies and desire to coordinate their efforts to develop wellhead protection plans for their communities. 2. The Cities have determined that it is in their best interests to develop a common ground water model that has common elements for their wellhead protection plans including determination of wellhead protection areas around their public water supply wells, and desire to jointly use the services of a consultant for development of portions of their wellhead protection plans. 3. The Cities desire to make a joint decision concerning the best method to determine their needs and selection of a groundwater model and agree that it is in their interests that the cost for development of portions of their wellhead protection plans be shared and their respective responsibilities and obligations be defined. 4. The County is committed to enhancing groundwater protection and public health and finds it to be in the County's interest to facilitate the joint efforts of the Cities. NOW THEREFORE, in consideration of the mutual agreements contained herein, and in exercise of the powers granted by Minn. Star. § 471.59, the parties to this Agreement agree as follows: 1. PURPOSE 1.1 The Cities and County agree that they have joined together for the purpose of jointly and cooperatively: 1.1.1 developing common wellhead protection plans for the Cities; 1.1.2 establishing a joint user group to handle activities related to this agreement; 1.1.3 authorizing the County to act as facilitator and as agent contracting for any consultant services or applying for any grants; and 1.1.4 allocating costs. 2. TERM 2.1 This agreement shall be effective January 1, 1997 and shall continue until terminated as provided herein. 3. ANOKA COUNTY MUNICIPAL WELLHEAD PLANNING GROUP 3.1 The governing body of each of the Cities shall appoint one person to serve as a member of the Anoka County Municipal Wellhead Planning Group (herein "Group "). -1- County Contract No. 97 -2256 3.2 One alternate member shall be appointed to the Group by the governing body of each of the Cities. The alternate may attend any meeting of the Group and, when the regular member is absent, vote on behalf of the parry the member represents. 3.3 All members of the Group shall serve at the will and pleasure of the appointing authority. The appointing authority shall notify the Anoka County Administrator of the member and alternate member appointed to the Group and shall notify the Anoka County Administrator of any changes to the appointment. 3.4 Group members shall not be entitled to compensation or reimbursement for expenses incurred in attending meetings, except to the extent that the appointing authority might determine to compensate or reimburse the expenses of the member it appoints, in which case the obligation to make such payments shall be that of the appointing authority. 3.5 The County's Environmental Services Director shall be an exofficio non - voting member of the Group and shall serve as the facilitator to the Group. 3.6 The first meeting of the Group shall be at 10:00 a.m, on�eeem�er 2, 1996, at Room 772 in the Anoka County Government Center, 2100 Third Avenue, Anoka, Minnesota. At the first meeting, the Group will agree on procedures for its operation. 3.7 A majority of all Group voting members shall constitute a quorum, but less than a quorum may adjourn a scheduled meeting. 3.8 Recommendations of the Group related to hiring a consultant will require agreement of a party prior to the party incurring any financial obligation. 4. GROUP RESPONSIBILITIES 4.1 The Group shall have the following responsibilities during Phase I: 4.1.1 to request and review consultant qualifications; 4.1.2 to request and review consultant proposals; 4.1.3 to interview selected consultants; 4.1.4 to develop consultant work plan and costs; 4.1.5 to recommend to the governing bodies of the Cities and County whether to have the County contract with a consultant under the terms of this agreement; 4.1.6 to recommend a consultant to be engaged by the County under the terms of this agreement; 4.1.7 to apply for funds from any source it may identify. 4.2 The Group shall have the following responsibilities during Phase II in addition to those set forth in 4.1: 4.2.1 to provide guidance to the consultant in performing wellhead protection work authorized in Phase II; 4.2.2 to review and reject or accept consultant work; 4.2.3 to approve payments authorized under this agreement; 4.2.4 to recommend Group Facilitator notify parties of termination of joint powers agreement upon completion of the Phase II joint powers activities and completion of the wellhead protection plans for the Cities. -2- County Contract No. 97 -2256 5. JOINT POWERS ACTIVITIES 5.1 Activities authorized by this agreement are: 5.1.1 During Phase I, request consultant qualifications, request consultant proposals, review consultants and proposals, identify wellhead protection needs, develop consultant work plan, prepare a description of the scope of work, prepare the budget for such work, interview consultants, and prepare a recommendation for the hiring of a consultant to perform wellhead protection plan elements identified during Phase I. 5.1.2 During Phase U, administer wellhead protection plan elements identified for Phase II, delineate wellhead protection zones in accordance with Minnesota Rules, conduct related studies and analysis, identify potential contaminant source inventory, management techniques, and education and outreach activities. 5.2 Prior to commencement of activities in Phase II, the Group Facilitator will send notice to the Cities of the costs identified for the project. Within thirty days of the receipt of the notice, each city must either send a letter to the Group Facilitator indicating the city's interest in participation or provide the other parties with notice of an intention to withdraw from this agreement in accordance with the requirements of Part 10.1 of this agreement. 5.3 If one or more of the Cities chooses to withdraw following receipt of notice provided in 5.2, the Group Facilitator will recalculate the costs identified with participation in the project and send notice of the recalculated cost to the remaining cities. If identified costs increase by more than 10%, each of the remaining cities will have ten days from receipt of notice of the recalculated costs to reconsider continued p icipation. If a city chooses to withdraw, the city must send the Group Facilitator a letter, within the ten day period, indicating the city will be taking action to withdraw in accordance with the requirements of Part 10.1 of this agreement. If additional city or cities choose to withdraw, the Group will reevaluate the work plan and associated costs before sending out new notices under 5.2. 6. FUNDING 6.1 Funding of consultant costs under this agreement shall be allocated to each member party based on the proportion that each city's factors represents of the total factors of all participating cities. The factors to be used shall be equally weighted and shall consist of the following: base amount, population (Metro population Council estimate of 4196), service connections, water appropriation (1993, 1994, and 1995 annual average), number of wells to be studied, and well risk (1- confined bedrock aquifer; 2- unconfined bedrock; and 3- drift). This initial allocation is set forth as follows: Member Percen Anoka 9.9 Blaine 19.5 Centerville 3.0 Circle Pines 4.1 Coon Rapids 29.0 Fridley 16.3 Lexington 2.7 Lino Lakes 5.2 Ramsey 4.8 Spring Lake Park 5.5 3- County Contract No. 97 -2256 6.2 The costs to be allocated to the cities shall be reduced by the amount of any grants received before allocation of the costs. 6.3 Each of the Cities shall make payment of its pro -rata share of any authorized activity expense to the County. Prior to commitment to participate in Phase 11, Cities will have an opportunity to opt out of participation and withdraw from this agreement prior to incurring an obligation if a city is not interested in participating in the costs. There is no cost for participation in Phase I, other than the indirect staffing costs that a party may have. 6.4 Funds paid by the Cities or received from any other source shall be managed by the County. 6.5 Payments from the Cities must be received by the County before the County will incur any fiscal obligation. 6.6 All funds disbursed by the County pursuant to this agreement shall be disbursed in a manner that is consistent with the method provided by law for the disbursement of funds by counties. 6.7 A strict accounting shall be made of all funds and a report of all receipts and disbursements shall be made by the County upon request. 7. COUNTY SERVICES 7.1 The County shall provide services to facilitate and assist the Group in the conduct of its affairs. The Environmental Services unit of the Anoka County Community Health and Environmental Services Department shall provide these services. 7.2 The County shall serve as fiscal agent for the Group for purpose of receiving and dispersing funds as authorized by the Group and entering into contracts or grant applications on behalf of the Group. 7.3 The County shall maintain records and documents relating to matters that are the subject of this agreement. All such records shall be retained for a period of at least three years after termination of this agreement and, upon request of any party, shall be retained for any additional period requested. The records shall be available for inspection, review and audit by the parties and the State Auditor as provided by law during regular business hours. 8. CONTRACTS 8.1 Contracts and grant applications made pursuant to this Agreement shall be made by the County and shall conform to the requirements applicable to the County. -4- County Contract No. 97 -2256 9. NONDISCRIhIINATION AND COMPLIANCE WITH LAWS 9.1 In accordance with the County's Affirmative Action Plan and the County Commissioners' policy against discrimination, no person shall illegally, on the grounds of race, color, religion, sex, marital status, sexual orientation, public assistance status, handicap, age, or national origin, be excluded from full employment rights in, participation in, be denied benefits of, or be otherwise subjected to discrimination under any program, service or activity hereunder in accordance with the provisions of any and all applicable federal and state laws against discrimination. 9.2 During the performance of this agreement, the Group and its agents shall comply with all applicable laws, ordinances, and regulations, including federal, state and local nondiscrimination regulations. 10. WITHDRAWAL 10.1 Any party shall have the right to withdraw from this agreement in the following manner: The governing body of the withdrawing party shall pass a resolution declaring its intention to withdraw effective on a specified date, which date shall not be less than thirty days from the date of the resolution, and shall send a copy of the resolution to each party's governing body not less than thirty days before the effective date of withdrawal. 10.2 Withdrawal by a parry shall not result in the discharge of any legal or financial liability incurred by that party before the effective date of withdrawal. 11. TERMINATION 11.1 This agreement shall terminate upon completion of the wellhead protection plans for the Cities. Anoka County, as Group facilitator, shall send a notice of termination to each party upon completion of the Group's activities. 11.2 This agreement may be terminated upon mutual agreement of the parties by a joint resolution passed by the parties' governing bodies. 11.3 This agreement shall terminate if, due to the withdrawal of parties, there are less than four remaining parties to this agreement. 12. DISTRIBUTION OF PROPERTY 12.1 Upon termination of this agreement, any remaining funds or property acquired under the terms of this Agreement shall be distributed to the parties in proportion to the respective contributions of the parties. 12.2 Upon termination of this agreement, any payments due and owing or other unfulfilled financial obligations shall continue to be a lawful obligation of a party. -5- County Contract No. 97 -2256 13. NOTICE 13.1 For purposes of notices to be given under this agreement, notices shall be directed as set forth below: Anoka City Council Coon Rapids City Council Rarnaey City Council 2015 First Ave. North 1313 Coon Rapids Blvd. 15153 Nowthen Blvd NW Anoka, MN 55303 Coon Rapids, MN 55433 Ramsey, MN 55303 Blaine City Council - Fridley City Council Spring Lake Park City 9150 Central Ave. NE 6431 University Ave. NE Council Blaine, MN 55434 Fridley, MN 55432 1301 81st Ave. NE Spring Lake Park, MN Centerville City Council Lexington City Council 55432 1880 Main Street 4175 Lovell Road Suite 140 Centerville, MN 55038 -9794 Lexington, MN 55014 Anoka County Board Government Center Circle Pines City Council Lino Lakes City Council 2100 - 3rd Ave. 200 Civic Heights Circle 1189 Main Street Anoka, MN 55303 Circle Pines, MN 55014 Lino Lakes, MN 55014 14. ENTIRE AGREEMENT 14.1 This joint powers agreement constitutes the entire agreement of the parties on the matter related hereto. 14.2 This agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. 14.2 The Group may recommend amendments to this agreement to the governing bodies of the parties for their consideration. 15. SIGNATURES 15.1 All parties to this Agreement need not sign the same copy of the Agreement. 15.2 An original Agreement signed by each party to this Agreement shall be maintained in the Office of the Anoka County Attorney. -6- County Contract No. 97 -2256 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day stated below: County of Anoka City of By: By: Dan Erhart Mayor Board of Commissioners Chair By: By: John "Jay" McLinden City Manager County Administrator Dated: Dated: Approved as to form: By: Pamela McCabe Assistant County Attorney RMH:"t II /IJNG M:TS�OVVELIA 1DJPA -7- CITY OF CENTERVILLE PARK AND RECREATION COMMITTEE MEETING MINUTES DECEMBER 4, 1996 Pursuant to due call and notice thereof, the Park and Recreation Committee of the City of Centerville held their regularly scheduled meeting on December 4, 1996- Meeting was _ called to order at 6 :44 PM. Members present: Nancy Johnson, Kevin Fogerty, Rick Thompson and Michael Navin. City Councilmember Liaison, Laura Powers - Rasmussen and Jim March, City Administrator. APPROVAL. OF MINUTES: MOTION by Navin, seconded by Fogerty to approve the minutes of October 2, 1996. Motion carried unanimously. APPEARANCES: FIRST ORDER OF BUSINESS* UNFINISHED BUSINESS: 1. Hockey Rink - Park and Recreation reque t Public Works do the following: a. Flood both rinks daily b. Check equipment to ensure proper operation. Navin will check with Centennial Fire Department for first aid courses for employees. Navin and Fogerty will provide feedback on job applicants. 2. Eagle Pass Park - Park and Recreation acknowledge the presentation of Mike Quigley from the last months meeting. Park and Recreation will table this issue until Mike Quigley presents the items discussed with Park and Recreation Committee i.e. picnic pavilion, smaller swing set, monkey bar set ups and the sport court. 3. North Metro Recreation - MOTION by Navin, seconded by Johnson to have the Park and Recreation Committee forward to the city council the recommendation that Centerville be an active participant in the development of a joint powers agreement and a proposal to enter into an agreement with Lino Lakes, Lexington and Circle Pines to provide recreation programs to the citizens of Centerville in lieu of the North Metro recreation Program. All negotiations and proposals are subject to final Park and Recreation review and City Council approval. Motion carried unanimously. 4. Park Development - no discussion 5. Report from Members - Fogerty has received further communication from Anoka County regarding a trail planning workshop on December 12, 1996. No one from Park and Rec. can attend. NEW BUSINESS 1. Update on park acquisition - March informed P &R closing will occur once Drewlos are back in town. 3. Change in Bylaws - P &R discussed changing the bylaws as such: Article III, B ... Park and Rec. shall consist of (5) five members. Article Y... Quorum shall consist of (3) three or more members MOTION by Navin, seconded by Fogerty to change Article III, B and Article Y as mentioned above. Motion carried unanimously. SET JANUARY AGENDA: 1. Discussion of status of existing parks,_ 2. North Metro Update 3. Park acquisition funds, budget approved for 1997. ADJOURN: MOTION by Thompson, seconded by Johnson to adjourn the Park and Recreation meeting. Motion carried unanimously. Meeting adjourned at 8:06 PM. Respectfully Submitted, Kevin Fogerty CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION DECEMBER 3, 1996 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held their regular meeting on Tuesday, December 3, 1996 at the City Hall. Chairman, Dan Tourville called the meeting to order at 7:15 PM. PRESENT: Dan Tourville ABSENT: Kathy Welk Al LaMotte Tina Vermeulen Linda Broussard - Vickers STAFF /CONSULTANTS: Ry -Chel Gaustad APPROVAL OF THE MINUTES: Tourville indicated meeting minutes of June, July, September and November can not be approved as the required persons were not present for a quorum. OATH OF OFFICE: Linda Broussard - Vickers stated the oath of office being eligible to serve on the Comrnission of the Planning and Zoning for the City of Centerville. NEW BUSINESS: I. Schedule rezoning of Hensel /Leroux property for January - Tourville suggested the properties be considered as one, since there is one developer and the properties are adjoining. Tourville commented several years ago the city created a developers guide, which explained each step to be taken for a development. Further, he suggested the Planning and Zoning have adequate time to research and review this project, prior to rezoning the property and the proposed preliminary plat. Tourville asked the Planning and Zoning view the proposed sketch plans at the January 7, 1997 meeting. Tourville suggested to wait on the rezoning and preliminary plat public hearing until after Planning and Zoning has seen the sketch plans. 1. Metropolitan Council Comments - Tourville said there seems to be some concerns with the increased flowage and if the lift stations can handle the flow. Planning and Zoning discussed other issues identified in the Metropolitan Council letter dated November 12, 1996. Planning and Zoning December 3, 1996 Gaustad commented a proposed date of January 8, 1997 has been set for a Public Hearing on the City's Comprehensive Plan. Tourville mentioned everyone on the Planning and Zoning Commission planned to continue on for another year, as he had not heard differently. Gaustad mentioned an informational senior housing meeting has been set for Thursday, December 5, at 1:00 PM. ADJOURN: MOTION by LaMotte, seconded by Broussard- Vickers to adjourn the December 3, 1996 Planning and Zoning meeting. Motion carried unanimously. Meeting adjourned at 8:20PM. Respectfully Submitted, Ry -Chel Gaustad, City Clerk 2