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HomeMy WebLinkAbout1996-06-10 - CC Packet CITY OF CEN*RVILLE CITY COUNCIUAGENDA JUNE 10, 1996,6:00 p.m. CALL TO ORDER APPROVAL OF MINUTES V, N April 30, 1996 Workshop May 1, 1996 Joint Meeting May 29, 1996 Workshop +Q( June 5, 1996 Special Meeting PAYMENT OF CLAIMS i Centennial Fire District ity of Centerville � J SET AGENDA YP ITIONS AND COMPLAINTS 7EARANCES OLD BUSINESS Clearwater Meadows Final plat & Development contract Waterworks Noise Permit LCA - Action Plan NEW BUSINESS )rfl/Interim Strategy Resolution 1 3.2 Permit for City Celebration l� Local Performance Aid W. Clerks Institute, League of MN Cities c� A INIST "TOR REPORTS -h-, �c'ra<w Ta�l 4a,�ol U asl� µly ✓ izi� ( e, v c�;sc4cr i� P C NSENT AGENDA 3) 5'644 I1+ 1. Me)indjHughes Variance Request ADJOURN kC y CITY OF CENTERVILLE -- ANNOTATIONS FOR JUNE 10, 1996 MEETING APPROVAL OF MINUTES The April 30th and May I st minutes have been tabled, please remember to bring them. O.B. #1 CLEARWATER MEADOWS Attached is the final copy of the developers agreement and the deeds for the outlots. These are both up for approval with contingencies of RCWD, FEMA and approval of the deed restrictions and trail easement verbiage from the engineer and attorney. O.B. #2 WATERWORKS NOISE PERMIT Attached is a letter from Ken Sorenson regarding the parking issue and letters from Waterworks and KDWB that will be sent to the residents. This is before the council to approve a noise permit for this event. O.B. #3 LCA - ACTION PLAN Dean Johnson faxed a copy of the Action Plan for the Livable Communities Act (LCA) for your consideration. The council is to review and comment and make any changes to that a final one can be prepared and ready for approval at the June 26th meeting. This is due by June 30th. N.B. #1 INTERIM STRATEGY RESOLUTION Attached is a resolution that Met Council has asked the city to approve. Dave Nyberg has reviewed and modified to suite Centerville's needs and requirements. This is an interim strategy plan to reduce nonpoint source pollution to all Metropolitan Water Bodies until the Storm Water Management Plan is complete. _ N.B. #2 3.2 PERMIT FOR CITY CELEBRATION Attached is a letter of request for a 3.2 permit for the City Celebration. N.B. #3 LOCAL PERFORMANCE AID Attached is the information Danell provided for the Local Performance Aid from the Minnesota Department of Revenue along with an article from the League Bulletin that describes the aid as well. They need certification approval from the city prior to June 30th to be eligible to receive this aid in 1997. N.B. " CLERKS INSTITUTE, LEAGUE OF MN CITIES This will be year 2 of a 3 year program for both Danell and I. The Conference is held at the Earl Brown center and Danell and I would be driving back and forth every day and would be able to check into city hall if need be. CONSENT AGENDA - MELINDA HUGHES VARIANCE REQUEST Attached is P &Z's minutes from the public hearing and motion recommending approval of the variance the their reasons why. CrrY OF CENTERVILLE CITY COUNCIL MAY 29, 1996 Pursuant to due call and notice thereof, the City Council of the City of Centerville held a workshop on May 29, 1996 at the City Hall. Mayor Wilharber called the workshop to order at 5:07 p.m. PRESENT: Wilharber Powers - Rasmussen Hehnbrecht Brenner Buckbee ABSENT: none. ALSO PRESENT: Dave Nyberg Jim March Paul Palzer Trudi Breuninger School Water Project Dave had a change order prepared and ready for signature for the 90 foot 8 inch pipe at Peterson Trail and Main Street. The change order is $1,000 higher than Ro -So's proposal. At the last council meeting the motion regarding this change order is as follows: MOTION by Powers- Rasmussen, second by Brenner to approve the change of 8 "pipe to 12 "at a cost not to exceed $8,775.00, contingent upon the engineer reviewing the proposal from Ro -So. Motion carried, Wilharber voted against. Consensus of three to two to sign the change order as written. Mary Jo wanted letters sent to the residents and businesses providing updates on the construction: mailboxes moved, road closures, etc. She also questioned whether Udo Wegman was informed about his trees would less likely be affected with the gas main having to be moved. Mary Jo also wanted staff to research what it would've cost the Wynes to hook up when the fire hydrant was installed on the corner of Peterson Trail and Main Street. And also what the residents on Main Street paid in 1990 for assessments and hook ups. Dave stated that Barry (inspector) can provide the staff with updates to the construction schedule. Clearwater Meadows Dave informed the Council of the RCWD permit status, being continegent upon the approval of the Rehbein Wetland Delination plan. Dave added that the delination may change. CC5- 29WK.WPS Page 1 City Council minutes of May 29, 1996 Workshop Tom stated that Rockey Goertz is aware of the wetland delination issue, the contingency r of FEMA and the required escrow. Dave stated that the city has not adopted an as built grading plan and had talked about just T putting it in the development agreement. As Built Grading Plan being: grade to plan, put in the house pad, regrade and verify. Paul added that he would have to do some compaction tests on the house pads. Dave said the city could get a performance bond from the contractor to guarantee he will complete the work. Dave also expressed some concern that if the curb and street goes in prior to him bringing in the required amount of fill, they would be hauling on the new street and the city may want to escrow additional money to cover this. Dave also advised the council not to issue building permits without FEMA approval. Dave brought up the issue of having the ditch graded properly when developed, therefore losing some of the trees behind the current houses on Brian Drive. Jim told the council about a "tree grant" that is available. Paul stated that the trees need to be "mound" planted and should be noted in the developers agreement as such. Paul asked if the revised grading plan was submitted to RCWD and questioned how it would affect the existing residents on Brian Drive. Dave responsded that he wasn't sure which plan was submitted but that the plan is a better one for those residents. A grading plan needs to be established for Clearwater Meadows for now and a plan in place for future developments. Paul said the benefit would be to have proper drainage for the flat areas. Dave said as a compromise the city could required he grade that site and two adjacent lots with as built surveys. Paul suggested he could also do it in thirds. Dave stated that doing it either way would be more costly and require more of Paul's time but that Paul could keep track and charge it back to the developer. Rockey Goertz arrived at 5:46 p.m, and updated the council on the permit status with RCWD. He stated that they have moved up the date from June 26th to the 12th for review and approval. Rockey stated that the regional ponding and mass grading work is $130,000. According to Lino Lakes' policy he would be credited for his work and be charge only what is above that. Dave does not recommend using the wetlands as a credited item. Dave stated that the city needs to do an interium storm water fee. Sanna stated that the city charges $200 on the building permit for storm water, this is above and beyond what the developer pays. CC5- 29WK.WPS Page 2 City Council minutes of May 29, 1996 Workshop A resolution to set a charge to the residents that would be used to correct swales down the road. Dave explained to Rockey what was discussed previously regarding as builts. Rockey stated he doesn't expect to receive a certificate of occupancy (C.O.) until September. He questioned that if the city requires 150% letter of credit, why isn't that good enough. The city is doing two things - requiring a letter of credit and holding back building permits. Dave said it is so much easier to have it graded from the start. Dave informed Rockey that Outlot C would be a part of the approved grading plan, therefore he would be responsible for the grading per the developers agreement. Rockey stated that he has sold (has money down) approximately 12 lots already, some of which are current Centerville residents. Rockey said that is C.O. could be withheld if the property is not within 1 /10 of a foot from the grading plan. They discussed putting a deadline in the development agreement for the grading of 5 -6 months. Escrowing money from the time t and freezing until thaw and work is complete. Suggested escro a gra e Xime limit to have grading completed by November I st. There will be a sidewalk ee of Brian Drive. Dave asked about a temporary turn around on the Lake Area Utilities property. Rockey said they won't allow it. Rockey stated they could put a temporary easments providing turn around space on lots 5 and 28. The city may want to escrow to remove the bituminous for the future development to the south, Dave suggested. They discussed the dead end of Brian Drive, whether a turn around is necessary or not. Other developments just have it as a dead end with signs. Consensus that it just be a dead end with signage. Dave stated that easements have to be written separately. A separate document stating that there are trail easements on lots 12 and 13 and lots 23 and 24. Dave suggested a landscape easement for lots 5 -10 and lot 27 & 28 so that the property owner could not remove the berm. Also note in the developer agreement that lots 27 & 28 should have driveways fronting on Brian Court. Rockey stated that the construction traffic generated by him would be minimumal down Brian Drive because it is already close to the specified grade. Dave added that is true but that the utility contractor is not allowed to use Brian Drive. CC5- 29WK.WPS Page 3 City Council minutes of May 29, 1996 Workshop Dave suggested a storm water fee of $20,000, Rockey countered at $13,000. Dave said that the city shouldn't hand out credits for ponds because Eagle Pass will require ponds because it is so flat. Rockey stated that it is only credited if it is a storm water retention pond. Comprimise of $17,500 on storm water fees. Rockey requested that the city prepare a summary sheet in the agreement on how much cash is needed, how much in a letter of credit, etc. The council will hold a special meeting on June 5th to discuss and set final approval of contract and plat by June 10th contingent upon FEMA and RCWD approvals. Eagle Pass Dave informed the council the developer for Eagle Pass would prefer not to go through the 429 process. This would then not be subject to bidding. Dave said the city loses some control. Sanna said she would prefer to stick with city installed improvements. As per Jim's memo dated May 28, 1996, he did a survey of the surrounding communties and his recommendation would be that the city engineer be involved from the start. He feels this would reduce communication problems, eliminate duplication and would ultimately provide the city with a higher quality in the finished product. Dave stated that he could foresee some problems with the current plat, utilities and storm water. Concensus of the council whether to have city installed improvements or developer: Sanna - City; Mary Jo - City; Tom - City; Laura - City, but that it should be bid out for different engineers; Theresa - City, but would like to have another engineer double check to keep checks and balanaces. Sanna believes MSA is loyal. The council dicussed MSA as the city engineer firm. Theresa said she was not saying to get rid of MSA but that the city should look at using more than one engineer to review projects that are on a larger scale. Dave said a new engineer firm would not be able to give the quality of service that MSA can provide. MSA knows the town, the soils, the people, etc. Mary Jo requested that whenever a MSA representative is in town that they check in with Jim. Jim suggested a workshop be set up to discuss policies, etc., prior to budget preparation. He added that anytime the city is looking at a consulting firm that quality of service be looked at as much as cost. CC5- 29WK.WPS Page 4 City Council minutes of May 29, 1996 Workshop InflowlInfiltration Grant Jim mentioned that a resolution would have to be passed at the Council meeting on the 5th ' in order to have the application in on time. Sanna told Jim that the city had applied for the grant two years ago when the sump pump ordinance was passed. Jim commented on a few items that will be on the June 5th agenda: Todd Smith - Transient License Local Performance Aid Storm Water Fees Apology Letter Laura requested that a letter of apology be put in Paul's file from the Council as a whole. The letter acknowledging the incident between Sanna and Paul and stating that Samna's behavior was against city policy and won't be tolorated in the future. Sanna said she did write Paul a letter and he didn't call her to talk about the incident. Paul said he was told that a memo was going to be written to the staff regarding this issue. He also was told by a councilmember that Sanna would not be dealing with the city staff for the building permit for their house addition. Paul explained the situation of Sanna calling city hall requesting a list of inspectors for sewer system. She was told by Trudi that the city does not have a list and to get it from the county. Trudi had found out that the MPCA forwards lists to each county of certified inspectors. Later that same day Sanna had come into city hall asking for the list and was told the same thing. Paul stated that Sanna create uncomfortable situations for staff by demanding information and that being a staff member in the past she should know what information is available. Sanna said that Paul is a certified septic inspector. Paul disagreed. Tom recommended that Gunner Peterson do the inspections for the Buckbee house. Although Paul feels he can do the inspections, Sanna stated she does have a problem with Paul's judgement- maybe not with building inspections but in other areas. Jim stated it sounds as though there has been poor communication and high stress. He stated that he would not get involved in past issues but would act as a mediator from now on. Sanna said that staff needs to go to Jim and Councilmembers have to go to Jim. Mary Jo said they can't pick and choose who is elected that they just have to learn to deal with them. Mary Jo expressed some anger and fiustration that Paul had been continually requesting his review. She added that she has a full time job and with city council she is away from home or working on city business over 50 hours a week and that she does have a life and family too. Tom said that the city needs to provide a list of sewer inspectors if the city requires it prior to issuance of a building permit. CC5- 29WK.WPS Page 5 City Council minutes of May 29, 1996 Workshop Tom questioned why staff never came to him with problems when he was acting administrator. He also asked why the budget and CIP was not considered before staff _ signed the letter. Paul said that he doesn't have control on the budget. w Sanna asked why and how staff had come up with all the "demands Paul stated that they weren't demands but concerns, and added that without an adminstrator it has been very hard for the staff. Laura said all she was requesting was a letter of apology be put in Paul's file. Jim said that the letter from the employees sounds as though it was written out of frustration. Mary Jo said that the ERB would be abolished with Jim now on staff. Sanna said that staff hold things against and from Danell. Theresa commented that her dealings with Paul and Trudi have been very professional. She stated that city council need to reduce the hostility against the staff. Sanna did agree that she has had a problem with the transition from staff person to councilmember. Jim took a pole from those present to see if they would allow him to do his job as the administrator and mediator. All agreed. Laura will write the letter of apology for Paul's file and this will be put on the consent agenda for June 5th. Workshop closed at 8:45 p.m. Resspggectf'ully submitted, � Trudi Breuninger City Clerk CC5- 29WK.WPS Page 6 VUI`I�VI - 70 V1]14Y RNDUULC Ol.f a.Cy �� ..VN•. V1L - - ea-�tV -e rv� Y RESOURCE STRATEGIES TO: Mayor and City Council CORPORATION FROM: Dean Johnson, Resource Strategies DATE: June 7, 1996 RE: Livable Communities Act - Housing Act Plan Draft 6600 CITY WEST PARKWAY Attached is a draft copy of the LCA Housing Action Plan for the City of SUITE 340 MINNEAPOLIS, MN Centerville. I have incorporated the established goals for the City, which is a 55344 required element of the plan. The maor components of the plan include 612/942 -801e accommodating 220 multiple residential units (51 affordable) and 97 FAX 612 1942-7464 affordable single family units by the year 2010. I have included 30 senior citizen housing units as part of the total multiple residential units. The Housing Action Plan is due June 30. Please review this information carefully. There may not be many options to vary the plan substantially; however, I will need to address any revisions you may have prior to the June 26 Regular Meeting. The Council should consider adopting a resolution approving the Housing Action Plan and authorizing its distribution to the Metropolitan Council for review. CD 'AJun -07 -96 01:14P Resource Strategies Corp. 612 942 -7464 P.03 HOUSING ACTION PLAN fle v4f.: a � -'Lp. WYA+•.w Establishe 1857 DRAFT .June 7,1996 RESOURCE STRATEGIES C'OMRATIOY ,. Jun -07 - 96 01:14P Resource Strategies Corp. 612 942 -7464 P.04 TABLE OF CONTENTS section p ge I. INTRODUCTION I II. EXISTING HOUSEHOLD 1 AND POPULATION CHARACTERISTICS III. HOUSING BENCHMARKS AND GOALS 5 IV. HOUSING IMPLEMENTATION 8 LIST OF TABLES TABLE #1 1 TABLE #2 2 TABLE #3 2 TABLE #4 3 TABLE #5 4 TABLE #6 4 TABLE #7 5 TABLE #8 5 TABLE #9 7 TABLE #10 7 Jun -07 -96 01:15P Resource Strategies Corp. 612 942 -7464 P.05 1. INTRODUCTION The Minnesota Legislature enacted the Metropolitan Livable Communities Act (Minnesota Statutes 473.25) in 1995, The purpose of the Metropolitan Livable Communities Act (LCA) is to enhance economic vitality and job growth in the region, while expanding housing options and housing affordability. The Act establishes funding opportunities for life -cycle housing and affordable housing; models for creative transit- oriented development and redevelopment alternatives; and cleanup of polluted sites for economic development. The Act required communities which wanted to be eligible for first round funding opportunities to adopt a resolution of intent by November 15, 1995, The Metropolitan Council established benchmark ranges and housing goals for participating communities in six housing categories: • Affordable owner occupied housing units • Affordable rental housing units • Non - single family detached housing alternatives • Balance of owner / renter housing choices • Density of single family housing units • Density of multiple family housing units Participating communities are required to submit Housing Action Plans, outlining housing goals and strategies, to the Metropolitan_ Council by June 30, 1996. Housing Action Plans are intended to be periodically monitored and amended to address program opportunities, local goals and program performance or progress. The Metropolitan Council is required to make annual reports to the Legislature on LCA participation and performance. II. EXISTING HOUSEHOLD AND POPULATION CHARACTERISTICS The City of Centerville was incorporated in 1857. It is located in southeastern Anoka County and served as a trade center in the early development period of the State. Approximately 14 percent of the estimated I994 housing units were constructed prior to 1960. Table 91 illustrates the age and distribution of owner occupied and rental households in Centerville. TABLE #I AGE of HOUSING UNITS City of Centerville < 1960 1960 -69 1970 -79 1980 -89 1990 -94 TOTAL LR Occupied 60 50 87 275 196 668 Occupied 38 0 7 2 0 47 US Census; City of Centerville 1 .7un -07 -96 01:15P Resource Strategies Corp. 612 942 -7464 P.06 Centerville has experienced accelerated rates of growth in households and population since 1960. Approximately 585 households have been added since 1960, which is an increase cf nearly 700 percent over the period, or an average annual increase of 20 percent. Table #2 illustrates household and population trends in Centerville from 1960- 1994. TABLE #2 HOUSEHOLD and POPULATION TRENDS City of Centerville 1960 1970 1980 1990 1994 Households 85 147 214 519 670 Population 338 534 734 1633 2101 Source: US Census; Metropolitan Council Centerville has a relatively young population, with 91% of its residents below the age of 50. Approximately 25% of the population is school age children (5 -19 years), but the largest portion of the population falls into the age groups of 20 -29 years (23.2 %) and 30- 39 years (22.6 %). Table 43 provides a breakdown of age categories for Centerville. TABLE #3 AGE of POPULATION City of Centerville Years of Aee Number Percent up to 4 203 12.4% 5 -9 176 10.8% 10 -19 219 13.4% 20 -29 379 23.2% 30 -39 369 22.6% 40 -49 138 8.5% 50 -59 80 4.9% 60 -69 26 1.6% 70+ 43 2.6% Total 1633 100% Source: US Census 2 Jun -07 -96 01:15P Resource Strategies Corp. 612 942 -7464 P.07 Table #4 identifies the age of householders in Centerville, The more typical age group of first -time homebuyers (25 -34 years of age) represents 51% of the households in the City. Households that would characteristically be considering a move up to a larger home (35- 54 years of age) represent about 37% of the households. "Empty nesters" and seniors (55+ years of age) represent only 12.3% of the City's householders. TABLE #4 AGE of HOUSEHOLDER City of CenterviQe Aee of Householder Number Percent 15 -24 30 5.8% 25 -34 234 45.1% 35 -44 126 24.3% 45 -54 65 12.5% 55-64 31 5.9% 65 -74 19 3.7% 75+ 14 2.7% Total 519 100% Source: US Census Table 1 15 identifies household types in Centerville and Anoka County. Ninety -one percent of the housing units in Centerville are single family dwellings; duplexes represent 4% of the housing units, and dwellings with 10 -19 units account for about 2% of the housing units. Centerville is consistent with the County in terms of the dominance of the single family units in the community, but has a smaller percentage of mobile homes and units in the "other" category, when compared to the County as a whole. The Census Bureau does not identify the "other" category, but it may be assumed this includes accessory, or "mother-in-law" apartments. 3 'Jun-07-96 01:15P Resource Strategies Corp. 612 942 -7464 P.08 TABLE #5 OCCUPIED HOUSING UNITS by TYPE: 1990 City of Centerville Tvpe of Unit Centerville Anoka County Single Unit 470(91%) 64,848 (79 %) 2 Unit 20(4%) 1,392(2%) 3 -4 Units 5(1 %) 1,098(1%) 5 -9 Units 8(1%) 1,500(2%) 10 -19 Units 10(2%) 2,479(3%) Mobile Home 2 ( <I %) 4,309(5%) Other 4 <I% 6.812 (8 %) Total 519 82,437 * Not distinguished by the Census. Source: US Census Table 96 s several housing characteristics for the City. Owner- occupied housing in Centerville accounts for 91% of all units, compared to 81% for Anoka County. The median housing value in Cente.. vWe is somewhat higher (5 %) than the County, while the median rent is significantly less (23 %) than the County. The City's housing vacancy rate is almost one -half of the County's vacancy rate. TABLE #6 HOUSING CHARACTERISTICS: 1990 City of Centerville Total Owner Median Renter Median Vacancy Households Occupied Value Occupied Rent Rate Centerville 519 472 $87,100 47 $350 /mo 2.1% Anoka County 82,437 60 5 ,978 $83,500 15,459 $460 /mo 3.7% Source: US Census Median 1990 household value in Centerville was $87,100. The breakdown of household values in the City are compared in Table #7. 4 Jun -07 -96 01:16P Resource Str Corp. 612 942 -7464 P.09 TABLE #7 HOUSEHOLD VALUES: 1990 (in thousands of dollars) City of Centerville VALUE 0 =60 60 -75 75 -100 100 -125 125 -150 150 -250 >250 # Households 15 69 267 38 24 14 0 Source: US Census III. HOUSING BENCHMARKS AND GOALS Table 98 identifies the six LCA categories for housing performance, including the benchmarks established for the Centerville area and the City's index of current standards or performance. TABLE #8 LCA CITY INDEX and BENCHMARKS City of Centerville CITY INDEX BENCHMARK Affordability Ownership 92% 68 -69% Rental 89% 35 -48% Life Cycle Type (Non - single 8% 35 -36% family detached) Owner/Renter Mix 90/10% (64 -75)/ (25 -36 %) Density Single - Family Detached 1.6 1acre 1.8 -1.9 /acre Multifamily 15 /acre 10 -12 /acre Source: Metropolitan Council 5 Jun . 07-96 01:17P Resource Strategies Corp. 612 942 -7464 P.11 TABLE #9 1990 -2010 LCA PERFORMANCE LEVELS City of Centerville 1990 % 2010 % Total Households 519 - 1400 - Total Owner 472 91% 1133 81% Total Renter 47 - 267 19% Affordable Owner 434 92% 531 51% Affordable Renter 42 89% 93 35% Total Non - single, Family 49 9% 349 25% Source: US Census; City of Centerville It is difficult to project or break down the number of units in the LCA categories on an annual basis, in terms of accomplishing goals. This is due to several factors, including availability and priority of housing assistance and housing development program funding for the City of Centerville; rninimum and maximum numbers of units required for projected feasibility; and market conditions affecting the City. An estimate of the potential distribution of housing goals, by housing type, is illustrated in 5 -year increments in Table 410. TABLE #10 LCA GOAL DISTRIBUTION 1996 -2010 ROUSING ADDITIONS City of Centerville 1996 -2000 2001 -2005 2005 -2010 Multiple Family /Affordable 60/7 70/7 60/7 Senior Housing/Affordable 16/16 0/0 4/14 Single Family /Affordable 125/45 125/30 125/22 Additional Non - single Family 30 30 20 Source: City of Centerville 7 Jun -07 -96 01:18P Resource Strategies Corp. 612 942 -7464 P_12 IV. HOUSING IMPLEMENTATION There are a variety of housing assistance, housing development and housing rehabilitation/redevelopment programs which may be available to Centerville to implement its housing goals. The City is not capable ofestimating the specific number of housing units within its goes which may be developed or assisted by the various programs with any degree of accuracy at this time. The following is a partial list of programs which may be utilized as categorized by the various agencies: Federal Government • Section 8 rental vouchers and certificates • Public housing • Home Investment Partnership Program • Section 202- senior • Section 811- handicapped Minnesota Housing Finance Agency • Low income housing tax credit program • New construction tax credit mortgage/loans • Low and moderate income rental programs • Affordable rental investment fund Metropolitan Council • Local Housing Incentives Account • Livable Communities Demonstration Account LocaUOther • CDBG Funding • Habitat for Humanity • Family Housing Fund LOCAL OFFICIAL CONTROLS AND APPROVALS The City of Centerville is currently updating its Comprehensive Plan. The City will also examine its zoning and subdivision ordinance for consistency with the plan. The City will evaluate current policies and official controls to eliminate unnecessary restrictions to barriers which may impede the ability of reaching LCA goals. The City will also consider establishing or modifying provisions which may enhance flexibility in meeting LCA goals. Centerville will continue working with Anoka County HRA, Anoka County Community Action Program Inc. and the Anoka County Affordable Housing Coalition to assist the City in implementing its LCA goals. 8 City Council Meeting Minutes of June 5, 1996 CITY OF CENTERVILLE CITY COUNCIL SPECIAL MEETING OF JUNE 5, 1996 Pursuant to due call and notice thereof, the City Council of the City of Centerville held a special meeting on June 5, 1996 at the City Hall. Acting Mayor Helmbrecht called the meeting to order at 5:30 p.m. PRESENT: Helmbrecht Buckbee Powers- Rasmussen Wilharber (arrived 5:35 p.m.) Brenner (arrived 7:20 p.m.) ABSENT: none STAFF /CONSULTANTS: Jim March Trudi Breuninger Dave Nyberg CLEARWATER MEADOWS - DEVELOPMENT AGREEMENT The council discussed the development agreement for Clearwater Meadows with the following changes: Page 2: Item 6 regarding trees; specify trees to be Marchel Seedless Ash at a 2" caliber and at a cost of $300.00 each. Page 2: Mr. March will check with the attorney regarding Item S to see if a performance bond would satisy the city versus Mr. Goertz escrowing for it. Page 3: Add at the third paragraph: Home builder vehicles will be allowed to utilize Brian Drive with a road restriction of 7 ton unless otherwise specified. Page 5: Under City's Improvements delete the second sentence. And "(Exhibit A)" in the same paragraph. Page 6: Delete second to last paragraph starting: Payment of interest accrued on the special assessement..... Due to the fact that Mr. Goertz would like to have the assessment certified to the county. Page 7: Spelling correction in the second paragraph (assessed). Pages 10 & 11: Correct the spelling of Rockey's name to be Rockne Goertz. Page 12 - Exhibit A: Spelling correction (the). They discussed the grading of the area behind Eagle Trucking. And that the grading plan needs to show the berm on the double frontage lots on Brian Court. Mr. Goertz requested that the City prepare a summary sheet of the charges, stating what needs to be in a letter of credit and how much cash is required. cc6 -5mm 1 City Council Meeting Minutes of June 5, 1996 .aw Mr. Nyberg stated that the council will be able to approve the developers agreement and the final plat at the Council meeting on June 10th contingent upon FEMA and RCWD approval. And with any other outstanding items could be put under a contingency of the Engineers approval -- for example: deeds, grading plan, trail easement, etc. A grading permit is required and the developer does not have to wait for final plat approval to obtain. Mr. Goertz requested 2 home building permits with a contingency on the Certificate of Occupancy. Mr. Goertz would like to have 2 model homes up prior to the Parade of Homes September 5th. Mr. Goertz would build the homes as proposed on the plat which is at the proposed flood plain levels. Therefore, the city could make it contingent upon providing flood insurance. Mr. March will check with MN DNR Water Department and FEMA regarding this issue and get back to Mr. Goertz. APPROVAL OF MINUTES April 30, 1996: tabled. May 1, 1996: tabled. May 8, 1996 Page 5: time correction in last paragraph. Page 9, second paragraph under Eagle Pass amend to read: .....ordinance against developer installed improvements. MOTION by Powers - Rasmussen, second by Buckbee to approve the May 8, 1996 council minutes with that above noted corrections. Motion carried, Helmbrecht abstained. May 22, 1996 MOTION by Powers - Rasmussen, second by Helmbrecht to approve the May 22, 1996 council minutes as submitted. Motion carried, Buckbee abstained. Note: Powers- Rasmussen excused 6:35 p.m. EAGLE PASS Mr. March reported that he informed Mike Quigley of the Council's concensus to have city installed improvements on the project. And a .- although they don't have a problem with that, they had just swore _ cc6 -5mm 2 City Council Meeting Minutes of June 5, 1996 never to work with MSA Engineers after dealing with them in a different city. Mr. Quigley spoke to Mr. March and Mr. Nyberg and have apparently come to understanding regarding this past issue. Note: Powers - Rasmussen returned 6:45 p.m. Mr. Nyberg stated that the project would be funded through a cash escrow account. He also mentioned that a feasibility study would not be required since the project would not be assessed. Mayor Wilharber reported that P &Z through it back to P &R and City Council for further comments. Mr. Palzer is to review the plans and discuss with the Fire Chief, Milo Bennett. Ms. Breuninger mentioned the trailway from Clearwater Meadows does not match up to the proposed park area in Eagle Pass. And that there is some question as to the closeness of the twin homes and required lot sizes for PUDs. Mr. March questioned the use of the property behind City Hall. Mayor Wilharber stated it has been discussed for a water tower and a maintanence building. Ms. Buckbee stated the Park Comp Plan was approved by Council and that P &R's recommendation should be followed. Mr. Fogerty stated that some of the proposed park dedication is wetland and would be useless as a park. Mr. Fogerty questioned whether the trailways would be used for trail dedication is they are running through the area of the associations. Ms. Buckbee stated her recolection was that the trailways would be owned and maintained by the association so they would not qualify as trail dedications. Although she noted that residents would not be asked to leave. Ms. Helmbrecht stated that the park area in the comp plan was originally proposed to be a park for the children on Center Street. The council expressed some concern for having a park along the creekand having a. foot bridge across it. Mr. Fogerty.stated there are a lot of parks in the metro area that have open water near or on them and we can look into there "operations ". With there being a bridge, Mayor Wilharber brought up the parking issue at city hall with this scenario: It being a nice day, there is a family reunion and people are parking in the city hall parking lot and there is a fire. With fire fighters trying to get in the f parking lot and park to respond to an emergancy. cc6 -5mm 3 City Council Meeting Minutes of June 5, 1996 .� Mayor Wilharber asked that the councilmember consider what had been discussed and wait for P &R's recommendation. STORM WATER CHARGES Mr. Nyberg recommended adopting a resolution establishing interim surface water management charges. The rate suggested was that which broke down from what was being charged Mr. Goertz for Clearwater Meadows. Ms. Helmbrecht stated that this would be setting a new policy and not precident for what would be charged future developers. Mr. March said this resolution would just be temporary through the end of the year, just until MSA completes the Storm Water Management Plan. This study would provide a number that will be set by ordinance or fee structure from then on. Ms. Helmbrecht expressed some concern for the cost of $9200 to have MSA conduct this study when the fund is already in the red. MOTION by Powers- Rasmussen, second by Helmbrecht to adopt Resolutioin 96 -20, a resolution establishing interim surface water management charges at a rate of .01546 per square foot. Motion carried unanimously. MOTION by Buckbee, second by Wilharber to approve MSA prepare the Centerville Water Resource Management Plan at a cost not to exceed $9200. Motion carried unanimously. ENGINEER REPORTS Comprehensive Water Plan Mr. Nyberg reported that Met Council would like to see Centerville adopt an ordinance allowing the city to ban for sprinkling and water usage. Mr. Nyberg will provide sample ordinances to staff. Mr. Nyberg also stated they are still waiting for Lino Lakes to provide a cost estimate for interconnection charge. Mr. March will follow up with Lino Lakes. Water Conservation Mr. Nyberg reported that Met Council would like to see the city provide information to residents on ways to conserve water. Ms. Powers- Rasmussen agreed and suggested getting Mr. Hagerty involved and putting it in the recycling and city newsletters. cc6 -5mm 4 City Council Meeting Minutes of June 5, 1996 Ms. Helmbrecht questioned the legality of pumping water from the creek. Both Mr. Nyberg and Mr. Fogerty stated that it is. One added note of Mr. Nyberg was that U.S. West is no longer planning to put their wires underground and that residents should call the company and complain. Theresa Brenner arrived at 7:20 p.m. INFLOW /INFILTRATION GRANT APPLICATION Mr. March said that he has reviewed the application that was submitted in 1993 for the same purpose. Along with the application MSA had conducted a study that basically stated it was not cost effective to correct the manholes at that time. Mr. March stated there was no information in the report that showed where Centerville ranked. Mr. March stated that the application should still go in for 1996 since Centerville is shown as being 13 on a list of 104. MOTION by Powers- Rasmussen, second by Helmbrecht to approve resolution 96 -21, a resolution authorizing application for grant from Metropolitan Waste Control Commission regarding the elimination of Inflow /Infiltration. Motion carried unanimously. TRANSIENT LICENSE FEE Ms. Helmbrecht reported that Todd Smith and received a transient license from the city for a concession stand to be operated during the garage sale days. Because of some mishaps beyond his control Mr. Smith did not receive power until late in the day and therefore sales were low. MOTION by Buckbee, second by Powers - Rasmussen to refund Mr. Smith's fee for the transient license. Motion carried unanimously. VACATION OF ROW EASEMENT The city received a petition from two property owners, Theodore Erkenbrack, 7377 Peltier Circle and William Dornseif, 1783 Peltier Lake Drive requesting that the .right of way (ROW) easement be vacated since the Mill Road had been vacated. The reasons for the request as per their letter dated May 30, 1996, "This area has presented some problems in that it is difficult for the property owners to control the public wandering through private property destroying trees, leaving refuse, and distrubing wildlife f present in the area. It is difficult also for property owners on both sides of the area to determine their actual property boundaries. There is also the question of liability when small cc6 -5mm 5 City Council Meeting Minutes of June 5, 1996 .� children are allowed to play in this area with no supervision, especially during spring flooding, and no one but the City or the Police has any control of this area." Mr. Wilharber suggesting referring it to P&R and P &Z for comments. There is a park /trail easement from Acorn Creek that would abut this property. Ms. Buckbee stated that the park area is a drainage ditch. Ms. Buckbee suggested asking RCWD what their easement requirements are. Note: Powers- Rasmussen excused herself at 7:30 p.m. Ms. Buckbee stated that if the ROW is vacated that the city should still maintain an easement. Ms. Buckbee mentioned the home in the outlot that may have required a retaining wall. She stated that the foundation for the home was to serve as the retaining wall. MOTION by Wilharber, second by Buckbee to referr this request to vacate the ROW to P&R and P &Z for comments. Motion carried unanimously. Staff is to send letters explaining the action taken. ADMINISTRATOR REPORTS Maguire Iron Mr. March stated he received a call the Maguire Iron after they received the first installment payment and they had questioned when the rest would be paid. Mr. March stated that if the city just wanted to pay for the labor and not the mileage it would be $1400. Although he did speak with Greg Hellings and he stated that if the city did not want to pay any of the remaining portion it would be a viable court case. Mr. Nyberg had expressed to Mr. March that Maguire Iron does not want to burn any bridges with the city because of its future needs. Mr. Wilharber feels that they didn't do the job the first time therefore costing the city more money in public works staff time, and no water service to some residents. Therefore he feels it to be justified in not paying. The other councilmembers agreed. MOTION by Wilharber, second by Helmbrecht to have Mr. March call and send a letter to Maguire Iron informing them that the city will cc6 -5mm 6 City Council Meeting Minutes of June 5, 1996 not be paying the remaining portion of the bill. Motion carried unanimously. Kelly's Fence Mr. March updated the council on what P &Z had discussed the previous night. Mr. Bisek has applied for a building permit and Mr. March requested that the Council approve it contingent upon P &Z revising the fence section of ordinance 4. P &Z will look at safety issues and hazards for fencing versus the wants of a resident. Ms. Helmbrecht expressed some concern regarding the letter that was sent to Mr. Bisek dated May 20, 1996. Ms. Buckbee stated that the Council did request that Mr. Bisek come in and apply for a variance and building permit. Ms. Helmbrecht requested that all letters sent to residents and business owners be copied to city council. Mr. March stated that he will talk with staff and request that all correspondence being sent to residents be reviewed by him. Watercraft Test Drive Promotion Mr. March explained the request from Cuneo and Associates is similar to that of the Bald Eagle Waterski Club. As per their letter: Ther would like to conduct a personal watercraft test promotion with KOOL108 at Waterworks Beach Club on Monday, June 17, 1996. They would need a letter from the city regarding its comments. Mr. March informed the council of a complaint received from Mr. McDonald, President of Centerville Lake Association regarding events on the lake. Mr. Wilharber stated that the waters are not the city's jurisdiction. Mr. March recommended that city approve contingent the company addresses Mr. McDonald's concerns. MOTION by Buckbee, second by Helmbrecht to approve the KOOL108 / Polaris Dearlers to conduct their personal watercraft test drive promotion on Monday, June 17, 1996 from 6 p.m. to 9 p.m. withan alternate date of Tuesday, June 18, 1996. Contingent upon them addressing the concerns of Mr. McDonald and informing affected residents. Motion carried unanimously. Pager / Cellular Phone cc6 -5mm 7 City Council Meeting Minutes of June 5, 1996 Mr. March stated that Danell Westbrock has requested to get a pager (for personal use) through the city, and Mr. March requested a cellular phone. MOTION by Buckbee, second by Helmbrecht to authorize Danell Westbrock receive a pager at her own expense. And approve a cellular phone for Mr. March to be paid by the city. Motion carried unanimously. MAYOR REPORTS Mr. Wilharber stated that bump signs should be installed for those bumps on Peltier Lake Drive, Mr. Wilharber stated that each councilmember should make a list of the 1996 goals and there status to inform Mr. March. His intent is that the city should be working on the 1996 goals set. CONSENT AGENDA MOTION by Brenner, second by Wilharber to approve the consent agenda with the exception of item #1. Motion carried, Buckbee abstained. Mr. Fogerty asked if Mr. March reviewed the LaMotte park proposal and what the status is. Mr. March stated he would attend the next P &R meeting to discuss it. Mr. Wilharber showed the council the sketch plan for the Hensel property that Mr. Goertz presented to P &Z the previous night. His intent is to rezone the property before the end of July 1996 and not to develope until spring of 1997. He should 19 lots including the existing home. He would keep the home and do a lot split and sell it at approximately 4.9 acres. The rezoning hearing at P &Z is scheduled for July 9, 1996. ADJOURN MOTION by Buckbee, second by Helmbrecht to adjourn the special meeting at 8:10 p.m. Motion carried unanimously. Respectfully submitted, Trudi Breuninger City Clerk cc6 -5mm 8 DATE: June 4, 1996 TO: City Council City of Circle Pines City Council City of Centerville City Council City of Lino Lakes FROM: Milo Bennett SUBJECT: Ratification of expenditures and approval for payment of June expenses. Your approval of June expenses as listed on the attached copy of the check register, checks #8150 - 8172 and #11271, in the amount of $ 5,220.35 is hereby requested. MB /al cc: 7 Circle Pines City Council 7 Centerville City Council 7 Lino Lakes City Council 2 File FINDERS - Line up lop of check with these numbers. entry will appear on corresponding lice. DESCRIPTION A - - CHECK CHECK DATE CHECK ISSUED TO NUMBER AMOUNT ti � A v Y �.�Y -r Zlyo) ��a'G c� /�� T>< -��c� :� iz j 26 I�LI J u ��y /�9`< �_r .,c . w � N c raj < r c� �2I2 ��•�� `C��'�vw.v� G� f�� j - fG. rr,! 57-12 �)Ah,v cra�n�-v arc �—r �Z Z11<i (_( C � 54Pp?. Gllcl I—c cd (57- n �1Z h4r M4w�4v J� i " /''fit I ;;�s.<F.•rSw�c l,. ,t.L< (j312 Y`nidlc �`n..� cat � /(,(j �/G �/_ 3 5 /4.7 Il`/ / 7 r"lli CX, evrC<f S/6 -q/ L� �� �� r�ri�;r.r -.,� '�xr {,J,, /(i,,.r „•. >`, �rlrrc..... /pG /S ��� �� /� � f / C1 /c/ �6 A5 I-za 4f :COUNTANT CLIENT PAGE ► A TOTALS PREVIOUS PAGE DATE -4 TO DATE ► SuBMITTEo M0. DAY YR. TOTALS `���� TO DATE ► e.a�csc ss*r:.s r swu.a - ux-r; AnAlm ACCOUNT FORM NO, AJPD -35 -EDP -T NUMBERS DEVELOPMENT CONTRACT CLEARWATER MEADOWS (City Installed Improvements) THIS AGREEMENT made this 10th day of June, 1996, is by and between the City of Centerville, whose address is 1880 Main Street, Centerville, Mn 55038, a municipal corporation organized under the law of the State of Minnesota, hereinafter referred to as the "City", and K -G Development, Inc., a Minnesota corporation, whose address is 7526 - 4th Avenue, Lino Lakes, MN 55014, 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 Clearwater Meadows, hereinafter called "Subdivision'; and WHEREAS, the Developer has requested that the City construct and finance certain improvements to serve the plat; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the plat; and WHEREAS, the Developer has petitioned the City of Centerville to undertake certain public improvements within the plat; and WHEREAS, said City Subdivision Ordinance and Minnesota Statute 462,358 authorize the City to enter into a performance contract secured by a bond, cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat; WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property; and WHEREAS, the City of Centerville has adopted an interim policy for a storm water charge for development within the City, and the City of Centerville is in the process of developing a final storm water fee structure for new developments. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: 1. DEVELOPER'S 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. A. Cost of Developer's Improvements, description: 1. Street names and traffic signs approximately 7 signs @ $250 /each $ 1,750.00 (2 Stop Signs - 3 Dead End Signs - 2 Street Signs) 2. Establish monuments at lot corners 36 lots x $250 $ 9,000.00 3. Street sweeping 3 each @ $600 $ 1,800.00 4. Signage and barricades 3 each for one year x $200 /each $ 600.00 K- GDEV.WPS Page 1 Clearwater Meadows Development Agreement 5. City administration for review and compliance of above 40 hours @ $30.00/hour $ 1,200.00 6. Shade Trees Balled and Burlapped 1 each @ $300.00 x 33 lots $ 9,900.00 Marshel Seedless Ash Trees @ a 2" caliber (trees are to be "mound" planted) 7. Flushing of Storm Sewers $ 1,500.00 Once a year until all lots are built upon 8. Mass grading of site /including outlots— Performance bond Subcontractor 9. Sod yards - 33 lots at $750.00 $24,750.00 10. Street Lighting - 4 at $2000 $ 8,000.00 Total Estimated Construction Cost for Developer's Improvements $ Escrow Retainage (150 %) $ All of the above items under section A with the exception of the trees and sod on unbuilt lots shall be completed by November 1, 1996. B. Construction of Developer's Improvements financed under 429 process: 1. The Developer has requested that the City of Centerville undertake the following improvements pursuant to MS429: a. Installation of sanitary sewer (2200 LF) and water (2400 LF) distribution piping b. Installation of RCP storm sewer of various sizes (470 LF) c. Installation of urban street (7000 SY) d. Installation of sidewalk (700 SY) 2. In addition to the City improvements, the Developer shall undertake or arrange to accomplish the following: a. 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. b. Provide seeding and vegetation maintenance and control over denuded or graded areas and mitigation area, at the city's direction. c. Provide 2 street name signs and 2 stop signs and 3 dead end sign for installation by City staff. d. Establish lot corner monumentation within 60 days of grading completion or by November 1, 1996 after filing the final plat, whichever is sooner. e. Provide such street maintenance and control of builder's actions to maintain roadways clear of mud, soil, and debris to provide safe K- GDEV.WPS Page 2 Clearwater Meadows Development Agreement driving surfaces. The Developer shall provide street sweeping within 24 hours of the city's request for such services. f. 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 Main Street and 20th Avenue. Home builder vehicles will be allowed to utilize Brian Drive with a restriction of a 7 ton road unless otherwise specified. The developer shall construct such temporary accesses as may be required to enter on the building sites such that construction traffic will be minimized within the right of way areas of Brian Drive. 3. Site C,rading The Developer shall be responsible for providing the road sub -cut during mass grading of the site. Topsoil shall be stockpiled during mass grading. Also a suitable stockpile shall be provided of material to backfill the utility trench should a shortage from compactor occur. This material will be necessary to provide for volume losses due to compaction that will occur during utility installation. No certificate of occupancy shall be issued for any lot without the proper grading checked of those lots as determined by the Building Inspector. 4. Erosion Control The Developer shall control erosion insuring: a. 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. b. 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. c. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as K- GDEV.WPS Page 3 Clearwater Meadows Development Agreement construction progresses. The smallest practical area of land shall be exposed at any one period of time. d. 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. 5. Inspection All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. 6. 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 Developer 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 c nditions as the City shall determine. Deed restrictions for berming and landscaping for lots 5 -10, block 2 and lots 27 -28, block 2 shall be written separately and recorded with the final plat. These restrictions are to state that the berm cannot be removed and landscaping needs to be approved by the City. Note that lots 27 & 28 must have driveways fronting Brian Court, The City will not issue any permits for construction of homes on Lots 12 and 13 of Block 2, Lots 22 and 23 of Block 2, and Lots 1 and 2 of Block 1, until the trail easements have properly been obtained and recorded. The Developer shall furnish proof of recording the final easements with Anoka County. 7. Faithful Performance of Construction Contracts 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 Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. The Developer agrees to guarantee for a period of one year the tree plantings required as part of the Developers agreement. Each specific tree guarantee K- GDEV.WPS Page 4 Clearwater Meadows Development Agreement 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 Developer's Improvements as indicated in Paragraph IA. 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 completion and acceptance of the Developer Improvements by the City to an amount deemed adequate by the City Engineer to cover the one 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 terns 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. 8. 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 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. 9. Approval of Contractors Any contractor selected by the Developer to construct and install any Developer Improvement 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. 2. CITY'S EMPROVEMFNTS In accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Improvements "), to include improvements as described by the plans, specifications and contract documents entitled Clearwater Meadows Street and Utility 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 terns and conditions according to Ordinance #8, Section 3 8. 01 and other improvements specific to the development herein set forth: K- GDEV.WPS Page 5 Clearwater Meadows Development Agreement A. Street Construction The Base Course shall be completed before September 1, 1996. The Wear Course shall be completed before September 1, 1997, or when the City deems appropriate according to the progress of work on the individual lots. The developer shall be liable for any increase in cost for construction of the wear course due to delays in construction on the individual lots. B. Construction Procedures All such improvements set out in Ordinance 98, Section 38.01 and as additionally specified herein shall be instituted, constructed, and financed as follows: The City shall commence proceedings pursuant to Minnesota Statute 429 providing that such improvements be made and assessed against the benefited properties. After preparation of preliminary plans and estimates by the City Engineer, an improvement hearing, if required by law, will be called by the City Council for the purpose of ordering such improvements. After preparation of preliminary plans and estimates by the City Engineer, an improvement hearing, if required by law, will be called by the City Council for the purpose of ordering such improvements. After preparation of the final plans and specifications by the City Engineer, the installation of improvements shall take place under the City's complete supervision. C. Secur4, Un of Special Assessments and Required Payment Therefor. 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 or letter of credit in an amount equal to thirty-two (32 %) percent of the total estimated cost of said improvements as established by the City Engineer. Said cash escrow, including accrued interest thereon, or letter of credit, may be used by the City upon default by Developer in the payment of special assessments pursuant hereto, whether accelerated or otherwise. That such cash escrow or letter of credit shall remain in full force and effect throughout the term of the special assessments, except, the amount of the request of the Developer, at the City's option, but in no event shall be less than the total of the outstanding special assessments against all properties within 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 assessed against the benefited properties within the Subdivision in ten (10) equal annual installments with interest on the unpaid installments at a rate not to exceed the maximum allowed by law. The Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. The City, at its option, may elect to certify the entire assessment roll to Anoka County for collection with the real estate taxes. D. )Required Payments of Special Assessments by Developer Developer, its heirs, successors or assigns hereby agree that prior to or on issuance of certificate of K- GDEV.WPS Page 6 Clearwater Meadows Development Agreement occupancy, to pay the entire unpaid improvement costs assessed or to be assessed under this agreement against such property. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to the Engineer's estimate of the special assessments for such improvements that would be levied against the property. Upon such payment, the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. E. 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 insu cient 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 M.S. 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 to issue building permits to any of the property within the plat on which the assessments have not been paid. 3. 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 I hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel a release of such parcel from the terms and condition of this Development Contract subject to provision contained in the second paragraph of Section 3.G.3 on page 9. K- GDEV.WPS Page 7 Clearwater Meadows Development Agreement 4, REIMBi TRSEMENT 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, 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. 5. OCCUPATION OF PREMISES The Developer further agrees that they will not cause to be occupied, any premises construction 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 homes within the plat prior to substantial completion of all Developer and City Improvements described in this agreement. 6. CTEANITP 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 hours after being notified by the City. 7. 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 f Bowing execution by the homeowner. 8. OWNERSHIP OF IMPROVEMENTS Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. 9. R_ERvIB TRS .MENT 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. 10. V T MITY 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. 11. GENERAL A. 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. K- GDEV.WPS Page 8 Clearwater Meadows Development Agreement B. Notice Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party 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. C. 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, bond and security. A requirement of final plat approval shall be the designation of Outlots A - D. The City requires deed forms for all outlots at the time of final plat approval and all deeds must have signatures. Outlots shall be deeded as follows: Outlot A: Eagle Trucking Outlot B: Mike and Kathy Johnson Outlot C: Gerald Rehbein Outlot D: Joyce Stevens D. 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. 12. In the event that Developer violates any of the convenants 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. 13. Park Dedication The park dedication requirements due to the City of Centerville in the amount of $24,750.00 shall be paid in cash at the time of the signing of the final plat. Trail dedication is being provided by trail easements and a sidewalk on the west side of Brian Drive. 14. Storm Water Fees The storm water fees shall be paid in cash to the City according to the interim policy of storm water charges at a rate of $0.01546 square foot for a total amount of $17,502.64 at the time of the signing of the final plat. K- GDEV.WPS Page 9 Clearwater Meadows Development Agreement DEVELOPER CITY OF CENTERVILLE K -G DEVELOPMENT, INC. BY BY Rockne Goertz Mayor ATTEST: BY City Clerk K- GDEV.WPS Page 10 Clearwater Meadows Development Agreement I, Rockne Goertz, the undersigned, do hereby verify that I am a partner of the corporation known as K -G Development, Inc., and hereby personally guarantee all dudes, obligations and undertaking of said corporation set forth in this Development Contract. Rockey Geortz STATE OF MINNESOTA) ) SS. COUNTY OF ANOKA ) On this day of 1995, before me, a Notary Public within and for said County, personally appeared Tom Wilharber to me know 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 , 1995, before me, a Notary Public within and for said County, personally appeared Trudi Breuninger to me know 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 1995, before me, a Notary Public within and for said County, personally appeared Rockne Goertz, to me know as a partner of K-G Development, Inc., a corporation under the laws 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 . 1995, before me, a Notary Public within and for said County, personally appeared Rockne Goertz, to me know 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 K- GDEV.WPS Page I Clearwater Meadows Development Agreement EXHIBIT A I, homeowner of Lot Block Clearwater Meadows Development do understand that: A sidewalk is planned to be constructed in the City street right -of -way on the west side of Brian Drive. - It is my responsibility as property owner that within one year from the issuance of the Occupancy Permit my lot will be landscaped in a manner which prevents erosion due to wind or water. - It is my responsibility as property owner to maintain the sod and trees that have been installed. Trees are guaranteed for one year from initial plant date. - That there may be a deed restriction on my lot. Date: Homeowner Signature A copy of this must be returned to the City of Centerville, 1880 Main Street, Centerville, MN 55038, when completed at closing. K- GDEV.WPS Page 12 ALira -O6 -96 0!F - 10P P.04 .►1 /OForm No. 7•M - WARnANTY DEFD Minnesota Uniform Conveyancing Blanks (1918) Miller Dvlt co, Mlrvaoopolis Cotpotstinn or Pmincrship to lndi�idud (s) No delinquent taxes and ifanSfer entered; Cenificatc of Real F..Statc Valve ( ) filed ( ) not required Ccrtificatc of Real Estate Value No, -- -- County Auditor by — - Deputy S'T'ATE DRED TAX DUE HEREON: $ DRtr_, -- - -. .,ly_. --- (reserved for recording dots) ROR VALUAHI,h CONSIDERATION, ._. _K- G_ Cave I p ment, I nc. _ _ a • Corporabien _ under the haws of lllnrlesot -- Granter, hereby conveys and warrants to .- SflrfiILLflBhf].£. U- ,-- as -� -J� undi 1 2 inter rdon Grantce(t), L ,_,� ne_G,4 R ell�n_,_.t)5_nt- ,_a -�. i i e.d_�_tnt -. teal property in nok4 — — County, Minnesota, described as follows: Lot 1, Block 2, Clearwater Meadows and Outlot C, Clearwater Meadows (it mono apse Is needed, condmtr. m, flack) logether with all hefeditarncnls and apputleuauces belonging therchh, subject to the following exceptions: K--G Oe yelopmer tt, Inc. Affix Dad i fix Stump Ilore By t1 Y S't'AIE OF MINNESOTA Its"_ .r.e COl1N'1'Y OF Anoka TNc foregoing, was acknowledged Nctorc me dais lay of— _ ,19 — by —, nt K.Cz_A-e�Lelnpme Inc ._. - - - a ..-. Co paration ...._ under the laws of __MM1r)t1ee9Ge _ -, on behalf of Ole _ or _o.,r , SIUNATI)RR OY PL'RSON T'AKIND ACKNOWh.tilXldtl?N t Tat statements tot the mat pto[xdy dewihed in this Im'"nenr ehoold he sent to (include nsme and tddmtt of Oc*ntee)- Gerald B Gordon Behbein _ P.O. BOX 324 His ly;r I RUFlf'NT'Wn.STil A '!TTr� Z . lrAT7 , ) Hugo, Mn 55038 Registered Abstracters, Inc. 2115 N. 3rd Ave. Anoka, Mn 55303 .tun - -96 02:1OP - P.05 iM,MeopU UNlo..n Ccbq ltryei Ko+tn No. 78I t — Wet ianly need W A" nk. a. e. 9 601h co al —81. P•ul 11 Coepolatlon or Patinetehlp to Joint T enanle No delinquent taxes and transfer entered; Certificate of RGaI Fsiale Valise ( ) filed ( ) not required Cert(ficate of Renl Es(me Value No. 19— — — County Auditor - - Uep ut STATE DEED TAX DUE HEREON: Date: 19— (reserved f recording data) t-UR VALUABLE CONSIDERA17tjN ,_1CG_.Ar.vtalLtpmeat,- e car oration _under (he laws of _ Flinrt a _, Grantor, hereby conveys and warrants to __0.7.t'111iT1�G N !i her _aDrLAiBne_LW n.11.tthers , Grantees Its joint tenanis, real property In — _.Llnnke County, Minnesota, described as follows: outlot A, Clearwater Meadows pi mm •p •ce II nwdod, toAl" on heck) together with all hereditaments and apputtenances belonging thereto, subject to the following exceptions: K -G oavalopment, I nc. Affix Deed Tax Stamp here By Its President — B -..� -- STATF. OF MINNESOTA 39. COUNTY Of. Anoka I'Ite foregoing was acknowledged before me this day of 19" by —l3ockna -J__ lanrt71 _ —. —.Jddd the _ - Eraai.deniv_.._.________.�_. of — .. K=G_ QeYalnpme -L nc ...- - -. - -- —. d�fd a — .. under the lawn of .__li.t)4esnta._ —... — on behalf of the . —. GU —_ — NOTARNL S TAMP UR SBAt.loa o i IiKR i iTLP nK fiANK) SijNAtURR OK PERSON TARING ACKNU WI.FUOMP.NT Tor Sulmrenh lot the rt•I p.,"ny detvAt+ed in thlk Innntn Ihonld be arm to Qedede nlme •ed addrell of Onnteap Richard George & Diane Lynn Hubers F is INSTRUMFNT WAS URArTRn aV INAhlF ANO AOORFSS) negistered Abstracters, Inc. 2115 H. 3rd Ave. Anoka, Mn 55303 jiln - -06 96 0 .]OP P.03 ,M /IForm No. 7 -M — WARAANTY DEED Minnasola Uniform Conveyancing Blanks (1978) Miller Davis Co., Minneapoll6 corro,atien or Pnrtncnh;p to Individual (t) No delinquent taxes and transfer entered; Ccrtlficale of Real Estate Va(l)e ( ) filed ( ) tint required Certificate of Real Estate Value No. _- - -...- - —,19 — -- — — County Auditor by De puty S'FAI P. DEED TAX DUE HERRON:.S -- ' (reserved for recording data FOR VALUABLE CONSIDERA'T'ION, ", K G D evelo fient, Inc. _ _— _^ a — Co ri) ora t ion _ under the laws of _ Iginnesot .Grantor, herehy conveys and warrants to Jo cy e A ... Steve reel Prnperly in — noks — County, Minnesou, described as follows Dutlot D, Clearwater Meadows (if mme xpace it needrA, continue on beck) together with all heterlitatnents and appurtenances belonging thereto, subject to The following exceptions: K -G Develo Tent Inc. I Affix Deed Tax Stamp Ilert By u.�Prsaisla_nt RY —_.... ..__ STATE OF MINNESOTA 35 COUNTY OF Anoka Ilu fnrcpoinR was Acknowledged hcfnrc nit this hy_ Rockae_il,_Gaar.tx —.— __._. MrA - - - •--' the —P.resideot- — _ /4hf —__ _ -- _._- r- _ - -° of - _K_ G. pe Inc. °n — under the laws of -. Minn -wta— on behalf of the br ore ion ItI ilt `r}Y.i. 1 K) SIONATURE OF PI RSON TAKING ACKNOWI EDGMEM 'I ax Stetrments ter the rea prepcny duedhcd in shit inaniment shadd he tent to (include name and addren of Gmnree)' l I i Joyce A. Stevens � RST1ftlFiIT7TZi' 1 r 7A �ttr7CAiS1;TSt+lill.., I I Registered Abstracters, Inc. 2115 N. 3rd Ave. Anoka, Mn 55303 I ..Jun - 06 -y6 02:09P P.02 II Form 140.20 — Warranty Carol Alrwatola UNrerm CanrayaO,44 almost t111791 Corporation nr Parma ship Wtnw a. clean ca. —at ea,d to J0101 Ttnanq No delinquent taxes and (rensfer entered; Certificate of Real Estate Value ( ) (tied ( ) not required Certificate of Real Estate Value No... Comity Auditor by _. —... Dep uty STATE DIiFD TAX DUE IIERRON: S .. 19,_— (reserved for recording data FOR VAL,IIABLECONSIL)ERATION,�G. DevelnRmenL•,._1nc . a Corporation under the laws of _ Mi esota _, Grantor, hereby conveys and warrants to �. Michael _ 1I tan and Kathleen.. M_._.14tl ._ . —, Grantees as joint tenants, teat properly in _____.___.,_._9nDt a ­ — County, Minnesota, described as follows: Outl.ot R, Clearwater Meadows In man, watt It naadtd, toalhyt en hats) together with all Itefeditaments and appurtenances belonging Iherelo, subject to the following exceptions: K -G Development, Inc. _ Affix Deed Tax Stamp Ilere By— President Its — By _ _ -- STATE OF MINNESOTA 1 3x, COUNTY OF Anoka _ J The foregoing was acknowledged before me (his day of _._ —, 19 —. , by dvid the Presiden of K 1: 5levalapmeat, inr __, euld it _ pDratiao... under the IRWa o r _ - Minaaacite_ -�. On behalf or life _,. UMP O Not ARIAI, STAMP OR kV.AL (OR OTIiGR TI rl.tt oR RANNl SIONA Pk R OP PFR$oN TAKING ACRNOWLanOMeNT Tit 5rasem<hN IN the red properly dlttEhed In this Wil'ura"t should he sent m tteeh.dt hems end Idd,ett of Qnnlat): Michael 7 Kathleen Johnson MCI i"STRUMCNT WAS bRAFrpr) nY INAMN ANO AOtIRn55) Registered Abstracters, Inc. 2115 N. 3rd Ave. Anoka, Mn 55303 4C" June 6, 1996 Dear Valued Neighbors, KDWB Radio Station & Waterworks Beach Club will be co- sponsoring an outdoor concert to benefit the University of Minnesota Variety Club Hospital for Children on Sunday, June 30th. This concert will have reports broadcast live on the radio station and is scheduled to start at Noon, and end around 9:00 p.m.. The actual concert will be running from 3:00 - 9:00 p.m.. Because this is an outdoor event, we would like to ask for your pal ence due to the fact that the noise levels will be similar to that of the outdoor Centerville days concert last year. We have set up a special hot -line to handle any of your concerns. The phone number is PENDING. Please feel free to contact me t}irough this number anytime during this event if you have a problem of any kind. After the tone, enter your phone number and I will return your call immediately. I will be wearing a pager so that our response time will be as quick as possible. Also, Ave are worlking with the Circle Pines- Lexington Police Department, and the Explorers to help in the coordination of this event. We have hired an officer to be on our premises during this concert. In addition, we have discussed the possibility of posting some of the neighboring roads as no parking. If you have any questions or concerns please use the hot -line number at any time. Thank you in advance for your patience and understanding. Sincerely, Ken Sorenson President 7281 MAIN31 CENTERVILLE. MN 55038 612 -429 -3033 FAX 612 -429 -1251 June 6, 1996 a 0 Dear Valued Neighbors, KDWB Radio Station & Waterworks Deach Club will be co- sponsoring an outdoor concert to benefit the University of Minnesota Variety Club Hospital for Children on Sunday, June 30th. This concert will have reports broadcast live on the radio station and is scheduled to start at Noon, and end around 9:00 p.m.. The actual concert will be running from 3:00 - 9:00 p.m,. Because this is an outdoor event, we would like to ask for yorr patience due to the fact that the noise levels will be similar to that of the outdoor Centerville days concert last year. We have set up a special hot -line to handle any of your concerns. The phone number is PENDING. Please feel free to contact me through this number anytime during this event if you have a problem of any kind. After the tone,, enter your phone number and I will return your call immediately. I will be ldm� wearing a pager so that our response time will be as quick as possible. Also, Ave are working with the Circle Pines- iexingtor . Police Department, and the Explorers to help in the coordination of this event. We have hired an officer to be on our premises during this concert. In addition, we have discussed the possibility of posting some of the neighboring roads as no parking. If you have any questions or concerns please use the hot -line number at any time. Thank you in advance for your patience and understanding. Sincerely, Ken Sorenson President 7281 MAIN SMEET, CENTERVILLE, MN 55038 612.429 -3033 FAX612 -429 -1251 i i i June 5, 1996 I Tv Whom it Concerns: KDWB is proud to announce the 2nd Annual Summer Jam which will be held at Waterworks Beach Club on Sunday, June 30 from 3:OOPM until dark. Summer Jam '96 will feature up and coming bands heard on KDWB Radio (101.3). More importantly, Summer Jam is a major fund - raiser for the KDWB Family Hume. Last year $27,000 was raised for the AD WB Family ftomel All proceeds from Summer Jam '96 will benefit the construction of a very special addition to the Variety hospital for Children at the University of Minnesota, named "The ADWR Fa+r by Name The "WB Family Home is a dedicated wing at the Variety hospital Por Children, where families of chronically ill children can stay while their loved ones are hospitalized :. With partners like Waterworks Beach Club, we arc able to provide family events ' P: tLut are enjoyable for our listeners, white raising stoney for a very important ,,'•� cause: The KDWB ,Family Home. We welcome any questions regarding Summer Jam '96 or the NPOT Family Heine project. Please feel free to call KDWB i' Radio at 6121340 -9000. Thank you Warm regards, Marc H. Kalman Vice Prwident/General Manager KDWB Radio Mwd ]Oa 5" 3rd S"# Such 200 nnapuBs, AIR $5415 .12/94avaW FIX il2/34 -9560 I CITY OF CENTERVILLE RESOLUTION 96 -22 APPROVING COMPREHENSIVE PLAN AMENDMENT FOR INTERIM STRATEGY TO REDUCE NONPOINT SOURCE POLLUTION TO ALL METROPOLITAN WATER BODIES. WHEREAS, the Metropolitan Council adopted an Interim Strategy to Reduce Nonpoint Source Pollution to all Metropolitan Water Bodies on October 22, 1992, and required that all local governments, including the City of Centerville, adopt the same Interim Strategy Policy; and, WHEREAS, the Rice Creek Watershed District currently reviews development projects and issues permits based on erosion and control specifications, test management practices and NURP standards; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA, that +should and hereby does approve the Comprehensive Plan Amendment to adopt an Interim Strategy to Reduce Nonpoint Source of Pollution to All Metropolitan Water Bodies subject to the following guidelines: 1. The City of Centerville will support the application of the National Urban Runoff Program (NURP) standards for the design of new storm water ponds and the Minnesota Pollution Control Agency (MPCA) Urban Best Management Practices titled " Protecting Water Quality in Urban Ares" to the review of any proposed development occurring in the City of Centerville to reduce nonpoint source pollution loading in storm water runoff. The City of Centerville will incorporate these standards and requirements in its Storm Water Management Plan and Land Use Controls in conjunction with the Rice Creek Watershed District to implement this policy. 2. The City of Centerville will prepare and adopt specific amendments to its Storm Water Plan and Land Use Controls by December 31, 1996. The Metropolitan Council will be notified after the amendments have been adopted. 3. The City of Centerville will continue working with the Department of Natural Resources and Rice Creek Watershed District to adopt the revised Shore Land Regulations consistent with the DNR schedule of priorities. The Metropolitan Council will be notified following the date of their adoption. Approval of this Comprehensive Plan Amendment is contingent upon, and subject to the required review and response by the Metropolitan Council. Adopted by the City Council on this 10th day of June, 1996. Tom Wilharber, Mayor ATTEST Trudi Breuninger, City Clerk / / . / - � ✓aye a/y/_ 1�/ -s oh G / 5 - r�a �i 0!° _. p� G o v ll.� /(,7 r,rsA3j 7 �'�`ff � / �'2"'>i,SS - i - vfs�gn / A /G 4 r� '' ✓ - oP!'j ✓r g6 pe kqy MINNESOTA Department of Revenue - Property Tax DivisionAPH 2 •j Rc l ail Station 3340 St. Paul, MN 55146 -3340 Phone (612) 296 -5141 Fax (612) 297 -2166 April 22, 1996 TO: ALL CITY CLERKS, ADMINISTRATORS, MANAGERS, AND FINANCE DIRECTORS RE: CERTIFICATION OF LOCAL PERFORMANCE MEASURES FOR LOCAL PERFORMANCE AID PAYABLE IN 1997 Laws 1996, Chapter 471, Article 3, Section 48 provides for a new state aid for all qualifying counties and cities beginning in calendar year 1997. This new aid is called Local Performance Aid (LPA). In order to qualify for this new aid, your city must have a system of performance measures for services provided by the city, and must regularly compile and present these measures to the city council at least once per year. If there is currently no system of performance measures in place, your city may still qualify for this aid if it is in the process of developing and implementing a system of performance measures. However, eligibility based upon being in the process of development may not be used for more than two consecutive years. For the purpose of the enclosed certification form, "in the process" may include having r the subject of performance measures on the agenda of the city council. The city should then use the time period between this year's certification and next year's certification to develop basic measures such as "wor oad," unless it has already moved beyond this stage. The second year of "in the process" must be used to move to a higher level of performance measurement, such as measuring efficiency and effectiveness. All cities should be able to qualify to receive LPA in the first year of the aid program. This new aid will be determined as follows for calendar year 1997: The total amount of aid available for cities is $441,735 plus $1 times the most recent population of each qualifying city. A per capita aid amount is then determined by dividing the total aid available by the total population of all cities that qualify for the aid. Each qualifying city would then receive an aid amount based on its population times the per capita aid amount. It should be noted that the $441,735 is appropriated from the general fund, and the additional amount ($1 times the most recent population of each city) is a permanent reduction in each city's homestead and agricultural credit aid (HACA). The HACA reduction applies whether or not the city is eligible to receive LPA. Distribution of this new aid will be based on yearly certifications for each qualifying city. Cities will be required to submit an annual certification in order to receive LPA payable in calendar year 1997 and subsequent years. LPA will be paid in two equal installments on July 20 and December 26 of each year, beginning in 1997. Qualifying cities will receive a certification of their 1997 LPA by July 31, 1996. (continued) An equal opportunity employer TDD: (612) 215 -0069 Page 2 As mentioned above, your city may qualify for LPA by (1) having a system of performance measures in place, or (2) by being in the process of developing and implementing a system of performance measures. If your city qualifies for LPA by either criteria, and your city wishes to participate in the distribution of this aid for calendar year 1997, your city must fill out the enclosed certification and return it to our office by June 30, 1996. Please note: if our office does not receive a certification from your city by June 30, 1996, your city will not be eligible to receive this aid in calendar year 1997. If you have any questions regarding the completion of this form, please feel free to call me at (612) 296 -5141. l Sincerely, OCLi/vv L � Larry L. Bewley U Research Analysis Specialist Property Tax Division Enclosure APR � 1 REP,'Q L C .. taC;a� l ties lletln re96M Number 14 April 19 1996 New law links performance to city aid Gary Carlson What are performance each city to certify that they qualify for In the beginning, the Legislature measurements? local performance aid. The application created LGA and HACA. And they saw According to Representative must be signed by the mayor and one that they were good. Starting in 1997, Dawkins, performance measurement member of the city council. Local cities and counties will also have LPA. include simple measures of workloads performance aid will be distributed to The 1996 version of the omnibus for the services provided by the each city with the local government aid tax bill includes a provision referred to governmental unit. Workloads can and homestead and agricultural credit by its author as Local Performance Aid. include number of employee hours aid payments in July and December of Championed by Representative Andy worked on certain projects, tons of each year. Local performance aid will Dawkins of St. Paul, LPA is an attempt garbage hauled, number of police calls, See LPA, page 6 _ to associate general purpose homestead or any other measures of workloads and agricultural credit aid with perfor- that my be compiled by the city. '4FV mance outcomes. According to According to Representative Representative Dawkins, local perfor- Dawkins, the collection of workload data b mance aid is intended to assure that each local unit of g overnment Y g Thy �e rt state revenue sharing with cities and is the first step toward ultimately ° �Bulle'8tr ma a a � counties will be based on a defensible generating measures of service min C formula and therefore, be continue into efficiency and effectiveness. He wants ,.pro 9�fv ,�,� C C M � the future. each city and county to be able to andIOeepartmennt [ I e u =4 evaluate the services they are providtng „t,'•uv'.�x i �” a, ":%. ILL How do you qualify for LPA? and be able to determine if the service In the first year, each city and is achieving its goals or is being " P i county will be eligible to receive provided at an effective level. ' " ° performance aid if they have either Representative Dawkins intends P erformance measure- implemented for each city and county to be eligible P ment systems for the services they to receive performance aid in the firs[ b In A# r * gp provide or are in the process of creating year. The Department of Revenue will or implementing performance measure- mail out an application form for local ment systems. performance aid on or around May 15 i of each year. The form will require • :c , mac# 9 ;. "s. m x Page 3 — Deadline extended Page L1 — Law summaries r r" �4r "1r a :a• '.. The application deadline for the Summaries of the new laws a C.C. Ludwig Award, Leadership passed during the 1996 legislative Award and City Achievement session begin on page L1. Awards has been extended to May 8. i LPA9 A' continued from page 1 April 15, 1996 be annually inflated by the price of government inflation index that is Mc Gary Carlson f currently used for the local government League of Minnesota Cities aid distribution. 145 University Avenue West ; Local performance aid is funded St. Paul, MN 55103 by reducing each city and county's Dear Mr. Carlson: HACA by $1 per capita and adding an additional $1 million of state resources ...As the chief author of the "Local Performance Aid" provisions of this year's to the overall pool. Combined, these omnibus tax bill (H.F. 2102, Article 3, Secs. 48 and 49),1 want to be clear that my two performance aid revenue sources intent is that every city and every county qualify jor performance aid for calendar year will generate approximately $4.1 1997. The threshold to qualify is very low: "affirm that it is in the process of develop - million to fund the program for cities. ing and implementing a system of performance measures." Each qualifying city will receive a per capita LPA distribution based on the So long as a city council or a county board has this as an item on the agenda prior to total available city LPA resources June 30,1 996, that city or county will qualify for performance aid. In fact, any city or divided by the total population of all county that presently tracks "workload input... has already begun the process of developing and implementing performance measures. In others words, ifa city or qualifying cities. county tracks the number of employee hours worked, number of applications pro- cessed, tons of garbage collected, number of police arrests, etc., that city or county The future of LPA qualifies... Representative Dawkins hopes to the local performance aid However, I also want to be clear that my intent is that cities and counties will make a gn .expand next legislative session. I n good faith effort over the course of the next year to move beyond simple workload tt ne- measurement and get to the next levels of performance measurement in due course... discussions with the League session. of sota Cities, he indicated that he would As you know, the final report of the Local Government Aid Distribution and Govern - like to increase the funding for the ment Service Delivery Subcommittee included an Appendix C which had examples program by $200 million which reflects from Minnesota cities and counties that already have performance measurement in the current of excess of property tax place. Please have your jurisdictions refer to that appendix for examples of what the collections over income taxes. Accord- legislature is expecting. ing to Representative Dawkins, adding new resources to the performance aid Finally, as 1 also explained our meeting, it is my o to reconvene the Local program will be tied to more stringent Government Aid Subcommittee e prior the start of f the the next legislative perform to eligibility criteria for local units of determine what will be in the 1999 7 tax bill regarding standards for focal performance aid and that it is my hope that the 1997 legislature will appropriate $200 million for government. Rather than simply the next round of performance aid, but this will only happen if cities and counties make gathering workload measures, local a good faith effort to meet the legislative intent contained in the 1996 tax boll and this units may be required to begin examin- letter. ing efficiency and effectiveness of the services provided to their local resi- Please call me with any questions you might have, and I thank you for your coopera- dents. Of course, details of these future tion in disseminating this letter, requirements have yet to be fully developed. Sincerely, Andy Dawkins If you have any questions about State Representative local performance aid, please contact Gary Carlson at the League of Minne- sota Cities or the property tax division of the Minnesota Department of Revenue. jr Unrtn A LMC Cities Bulletin 04 a ¢ wr a re ; • 3 « F 5 �� ,� a. °�a OK 4 }f, wo 14 $ 1 N e T '" a uS • n o �� �a ", a ` .$, _ o o. 3. • �. v,, �✓' ry_ A. _ % � $ .,,sq `�'h� k OIL f A `� t b A$'W E wSQ T,L'e d S ^' > #{g '[n • o Y � � C C ° �' ` °° i m O ^ V AMMON *� :, .2X �G�9� R e �� 3'mz � e[� '' ., JA ra ¢j �� • '�� r #�`,w, a +� s .. s a� � � ��' `� � ,� � d f ^.' x�' : T Y a a � ✓ q gyp -' r g y q s �,^� r ... ............................... ... ............................... Thursday, July 16 8:30 a.m. Ethical Issues in the Public Sector Barbara Crosby, Fellow, Humphrey Institute of Public Affairs, Minnesota Municipal Clerks Institute University of Minnesota Earle Brown Center, St. Paul Campus, University of Minnesota 10:00 Historical Archives and Presentation in Minnesota July 15- 19,1996 Session at Minnesota Historical Society Archives Duane Swanson, Minnesota Historical Society Monday, July 15 12:15 p.m. Luncheon 1:00 Intergovernmental Relations: Slate Legislature, Offices, and 8:30 a.m. Organizational Communication and Conflict Management League of Minnesota Cities Tom Fiutak, Associate Director, Center for Conflict and Change, Anne Higgins, Intergovernmental Relations Representative, University of Minnesota League of Minnesota Cities 12:15 p.m. Luncheon 5:15 Adjourn 1:00 Effective Written Communication 7:00 Banquet Jan Defloble, Writing Consultant 5:15 Adjourn Friday, July 19 8:30 a.m. Human Resource Issues for Municipalities Tuesday, July 16 Carla Heyl, Attorney, League of Minnesota Cities 8:30 a.m. Organizational Communication and Conflict Management (continued) JoyceTwistol, Director of Personnel, City of Blaine 12:15 p.m. Luncheon 11:00 Bonds 1:00 Insurance in Municipalities: Workers Compensation, Liability, Speaker from Springsled, Inc. and Loss Control 12:30 p.m. Adjourn PeterTfitz, Administrator, Leagueof Minnesota Cities lnsuranceTrust (LCMIT) Note: Registration form and information regarding lodgingand feesare 5:15 Adjourn included in the Year I announcemenl. Wednesday, July 17 8:30 a.m. Intergovernmental Relations: State Trends and Local Governments Gary Carlson, Director, Intergovernmental Relations, League of Minnesota Cities 10:30 Demographics and Emerging Public Policy Issues for Municipalities Will Craig, Center for Urban and Regional Affairs (CUBA), University of Minnesota J. Fraser Hart, Professor, Department of Geography, University of Minnesota 12:15 p.m. Luncheon 1:00 Working with YourCouncll Sharon Klumpp, Associate Executive Director, League of Minnesota Cities 2:30 Problem Salving Approaches for Professional Effectiveness and Problem Solving Swap Shop Karen Ray, Principal, Karen Ray and Associates 5:15 Adjourn ...... ............................... ..... ............................... r . , , 3472br Registration and Fees Location and Parking ` Minnesota The fee forthe Institute is $320 which The Institute will be held at the Earle t i Municipal Clerks includes instruction, course materials, Brown Continuing Education Center, I Institute breakfast, lunches, refreshment 1890 Buford Avenue, on the St. Paul breaks, and Thursday banquet. campus of the University of Minnesota. Application for registration should be Ample parking is available in the lot July 15- 19,1996 made on the attached form and mailed adjacentto the Earle Brown Center for to the University of Minnesota. $2.75 per day. A map showing the Name Applications accompanied by the location of the Earle Brown Center and First M.1. Cast full fee must be received by July B, parking lots will be mailed with 1996. A refund of the registration fee confirmation of registration. Social Security No. will be made if written cancellation is (or s received by July 10; a $15 service fee Continuing Education Units will be charged on all cancellations. Employer The University reserves the rightto This Institute carries 3.4 Continuing cancel the Institute if necessary. Education Units (CEUs). One CEU is Disability accommodations will be defined as 10 contact hours of Work Address provided upon request. participation in an organized continu- Street ing education experience under Accommodations responsible sponsorship, capable City State Zip Code direction, and qualified instruction. A block of sleeping rooms for out -ol town participants has been reserved For Further Information Telephone Position at the Sheraton Midway Hotel, 400 North Hamline, St. Paul, Minnesota Richard Grefe (612) 625 -0196 or Bev ❑ Year 1 (W1) ❑ Year 2 (W2) ❑ Year 3 (W3) 55104, phone (612) 642 -1234. Room Ringsak (612) 625 -6689, University of ❑ 01 $320 fee enclosed payable to University of Minnesota. rates are $62 single or double Minnesota, Professional Development ❑ I've enclosed $ 25 for a guest ticket to the Thursday evening banquet. occupancy. Please make your and Conference Services, 206 Nolte ❑ Purchase order or letter of authorization to bill employer is enclosed. reservation directly with the hotel using Center, 315 Pillsbury Drive S.E., (Required if billing is requested) the form enclosed. Reservations must Minneapolis, MN 55455 -0139. ❑ Charge the Institute fee to be received by the Sheraton Midway FAX: (612) 626 -1632. ❑VISA ❑MasterCard ❑Discover ❑American Express before July 1, 1996, to guarantee [ Account No. Expiration Date accommodations. Reservations The University of Minnesota is received after this date will be handled committed to the policy that ail ' Printed name of account holder onafirst -come, first -served basis. It persons shall have equalaccess to its you call in the reservation, be sure to programs, facilities, and employment Signature of account holder mention your participation in the without regard to race, color, creed, The information on this form is private data, Institute to receive special rates. religion, national origin, sex, age, Mail to: used to identify and locate you, obtain marital status, disability, public MAIL to: 3472 Registrar, payment, and enable instructors to better know assistance status, or sexual orienta- University f Minnesota, payment m eth d are Name,ad d y payment method are mandatory. If you desire tion. PDCS, 235 Nolte Center, CEU certification and do notsupplya Social 315 Pillsbury Drive S.E., Security number, an alternative identifier will Minneapolis, MN 55455 -0139 be used. Information on this term, except Social Security number, may be shared wish PRESENT: Tourville ABSENT: Drilling Oon�n - Welk LaMotte l Vermeulen rda- PUBLIC HEARING - VARIANCE REQUEST FROM MELINDA HUGHES, 7187 W. ROBIN LANE Ms. Hughes is requesting to erect an attached single car garage (14'X25') for storage and car. The garage would encroach on the side yard set back by 4 feet. Ms. Hughes stated that the only change from the time of application is that the garage depth would be 25 and was put on the application at 24 feet. Tourville questioned the position of the windows for the house next to hers and she felt that it shouldn't be a problem. No residents were present to oppose or comment on the request and none were received by staff prior to the hearing. MOTION by Welk, second by Vermeulen to close the public hearing at 7:10 p.m. APPROVAL OF MINUTES The minutes for May 7, 1996 were tabled due to lack of quorum present for that meeting. VARIANCE REQUEST Tourville stated that there were at least two homes that have received variances in the same area. Welk agreed stating there is perhaps even more. MOTION by Welk, second by Vermeulen to recommend approval of the variance request to City Council for the following reasons: - increase in property value - better to have storage space than to have item stored outside - it appears that a garage was meant to be placed there because of the placement of the driveway. PZ6 -4MM 1 Motion carried unanimously. APPEARANCES Randy Neugent could not appear due to other commitments. ROCKEY GOERTZ - HENSEL PROPERTY PROPOSAL Mr. Goertz presented a proposal for the Hensel property. He is requesting to rezone the property except for the C1 district to R2A. The sketch plan he provided he said was just that because the boundaries of the C1 district are unclear. Mr. Goertz pointed out that the property adjacent to this property (on the other side of the creek) is also zoned R2A. Mr. Goertz is proposing high density single family homes, although he stated he could easily get in 18 townhomes.