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HomeMy WebLinkAbout1996 - CC Packet I' CITY OF CENTERVILLE CITY COUNCIL AGENDA Special Meeting JUNE 5, 1996, 5:00 p.m. CALL TO ORDER APPROVAL OF MINUTES 1. ril 30, 1996 Workshop 4 ay 1, 1996 Joint Meeting ' , VlMay 8, 1996 Public Hearing / Regular Meeting Y. May 22, 1996 Regular Meeting OLD BUSINESS q5 CIearwater Meadows development contract Eagle Pass city installed improvements Inflow /Infiltration Grant Application Transient License Fee - Todd Smith Storm Water Management Plan NEW BUSINESS �'� J )�"� 1. Set hearing for vacation of easement Fi- r a Z ADMINISTRATOR REPORTS 1VIcGuire Iron c� $Kelly's Fence O /� y�1Jt6'�S I C /C1F5 1XsL�i,a 2� ' I CONSENT AGENDA . Gunner Inspections ADJOURN CITY COUNCIL ANNOTATIONS FOR NNE 5TH SPECIAL MEETING APPROVAL OF MINUTES - The purpose of approving minutes now is because I have received some request for copies of approved minutes for items passed. For example: Mr, Barott's lot split. CLEARWATER MEADOWS - Discussion of the development agreement. We would like to get everything hammered out and ready for approval for the June 10th meeting. EAGLE PASS - P &Z have on their agenda for June 4th to set up a special meeting in June to hold a preliminary plat public hearing. Therefore they should be notified that the council has formally requested city installed improvements. INFLOW/INFILTRATION GRANT APPLICATION - Attached is a resolution that needs to be adopted. This issue was discussed at the May 22, 1996 meeting. TRANSIENT LICENSE FEE - It was requested that Todd Smith be refunded his fee paid ($75.00). The reason for this again is that he didn't get electrical power until mid day Saturday, and because of the misunderstanding and turn over of management at Tom Thumb. STORM WATER MANAGEMENT PLAN - Mr. Nyberg stated that it would take approximately 4 months to complete this plan. This is a requirement to assist our comp plan revision through Met Council. As per the letter from Met Council when they approved MUSA for the Eagle Pass Development - "The city proposes to address issues such as a water supply plan, a water management plan and interim strategy requirements in the complete comprehensive plan update scheduled this year." MSA needs authorization to begin this process. VACATION OF EASEMENT (HEARING) - The city received a petition from two property owners to have the 33' road easement from the vacated Mill Road to be vacated also. After speaking to Greg Helling a public hearing needs to be schedule at the Council level with proper notices. It it on the agenda to set a hearing date. ADMINISTRATOR REPORTS - Jim will have reports on the status of the McGuire Iron bill and the issue with Kelly's fence, and any other issue that may arise. CONSENT AGENDA ERB Letter - This apology letter as discussed May 29th will be available the night of the meeting to review. Gunner Inspections - This is to allow Gunner to inspect the Buckbee house construction project. CITY OF CENTERVILLE CITY COUNCIL APRIL 30, 1996 Pursuant to due call and notice thereof, the City Council of the City of Centerville held a workshop on April 30, 1996 at the City Hall. Acting Mayor Helmbrecht called the workshop to order at 6:05 p.m. PRESENT: Helmbrecht ABSENT: Wilharber Brenner Buckbee Powers - Rasmussen ALSO PRESENT: Carolyn Drude Dave Nyberg Greg Hellings School Water Project The council briefly discussed the optional assessment roll by frontage. They concluded that the benefit to the property is equal no matter how much frontage the property has. Heritage Street needs to be reconstructed and will be included in the 1996 street improvements. Mary Jo requested that a watermain be put in the street at that time. Dave Nyberg stated that the school is not prepared to go any higher for an assessment but is willing to negotiate payments. And although TIF money can be used for street reconstruction, Carolyn cautioned them about other upcoming projects that may require this also. Mary Jo and Theresa questioned the status of appraisals for 3 properties to justify the assessment amount. Trudi Breuninger stated that appraisals were not authorized to be done. Greg Hellings stated that the city would want a honest appraisal done for any contested parcels, they will be needed for the negotiation process anyway. Greg stated that if someone objects to the assessment they must have written statement to the city clerk on or before the public hearing. To perfect an assessment they have 30 days from the public hearing to do that in the district court. At that point it will then be negotiated with the city. Those present discussed the financing and/or bonding of the project and whether it would work to bond with the Clearwater Meadows project. Carolyn stated that if the city uses it own funds for the project a "reimbursement resolution" would need to be passed to restore those funds. CC4 -30WK. WPS 1 City Council Workshop of April 30, 1996 The school is willing to pay their water portion of the assessment of $ 86,400 by July 1 st. Carolyn questioned what other projects are coming up that the city may need to bond. The joint water interconnect with Lino Lakes and 21st Street development. The costs associated with bonding, Carolyn estimated to be $30,000. Taking that into consideration and taking off the schools prepaid portion the bond would be for approximately $325,000. This bond could be at a 5 1/2% at for 10 years - -- payments would be $43,000 /year. The question that Carolyn then asked: Where would the money come from? Mary Jo stated that TIF money can be used. Mary Jo also added that to the best of her knowledge all the residents would defer the assessment. With developments and school becoming users the fund would also increase. Carolyn stated that there is currently a water bond with payments that exceed $50,000. There would be a payment for this bond also next year -- putting a water bonds at $90,000+ / year. Dave stated that David Arhens, Lino Lakes Engineer, said he would have a proposal to Centerville for the interconnect by the end of May, this amount would just be to connect not any construction. Carolyn explained the process of purchasing bonds. Mary Jo stated that Tom Thumb does plan on hooking up right away, other than that no one else will be hooking up. And that the bond payment would come from the water fund. Greg stated that deferred assessments are scary in a court system because the liability to still prove the benefit still exists. Laura stated that it would be politically correct to assess the Brian Drive residents $3200 versus the estimated $2500. Mary Jo stated that there are 2 senior citizens and 2 known residents with new wells. And again expressed her concern of awarding the bid before adopting an assessment roll, because the residents have to be told at the hearing what the assessment is and what the payments would be and any and all costs associated. Carolyn stated that defer doesn't mean delay, the interest is still accruing. Interest starts accruing the day the assessment roll is adopted. If the assessment is "prepaid" prior to November 15th or 1 st of the same year no interest is to be paid. Carolyn stated that 9% may be high, it is usually 2% above what the city is paying on the bond. CC4- 30WK.WPS 2 City Council Workshop of April 30, 1996 Mary Jo stated the city needs to have an assessment policy, that is something the new Administrator can work on. Greg, and Dave agreed, that policies aren't as flexible as what the council thinks. Because there are many types of housing units in Centerville they don't necessarily agree that it would be a good idea for Centerville. Those present discussed the assessment payment procedure. If it is set up as a 10 year assessment and it takes someone 5 years before hooking up they would have only 5 years to pay the assessment. Mary Jo suggested offering a 5 year - interest free - period before hooking up or paying assessment. If the resident would start paying the assessment right away it would be $498.62 for 10 years. If deferred the accumulated interest would be $288 a year. They requested that different scenarios be presented at a workshop to be held at 5:00 p.m. prior to the public hearing. These scenarios would show the assessment ranging from $3200 to $2500 and interest rates from 9% to 7 %. Carolyn suggested offering a reduced assessment if the pay it right away or reduce the hookup fee ($300 off). Carolyn also had a concern about 0% interest assessments. A statement was made that appraisals should be done (nothing confirmed). Staff is to check with surrounding communities on water assessments and the value of the homes that were assessed. (Not necessarily for new home developments.) The council needs 4 /5ths majority to pass the assessment roll. Because Mary Jo cannot vote the remaining council members all have to be in favor. Dave questioned if the city is ready to pay more if the assessments are lowered. Some council members felt the assessment was to high. Carolyn will work with the numbers to derive with different options. MOTION by Powers - Rasmussen, second by Brenner to adjourn the city council workshop at 8:05 p.m. Motion carried unanimously. Respectfully submitted, Trudi Breuninger City Clerk CC4- 30WK.WPS 3 CITY OF CENTERVILLE JOINT MEETING MINUTES DATE May 1, 1996 TIME STARTED 6:05 p.m. TIME ENDED 8:55 p.m. PRESENT Council member Helmbrecht, Council member Brenner, Council member Powers- Rasmussen, P &R member Pelton, P &R member Johnson, P &R member Larson, P &R member Fogerty, EDC/P &Z member Tourville, EDC member Capra. ABSENT Mayor Wilharber, Council member Buckbee, P &R member Bisek, P &R member Navin, P &R member Thompson, P &Z member Welk, P &Z member Vermeulen, P &Z member LaMotte, P &Z member Drilling, EDC member Rehbine, EDC member Montain, EDC member Magill. STAFF PRESENT : Trudi Breuninger, City Clerk; Paul Palzer, PWDBI; Dave Nyberg, City Engineer. The purpose of this meeting was to review the draft comprehensive plan, prepared by Dean Johnson, Resource Strategies. Mr. Johnson stated that they had some problems with a new GIS System recently purchased therefore there are some areas that will be adjusted to accommodate, for example the industrial park material. The housing element will be addressed with the goals and expectations required by the Livable Communities Act. The Action Plan needs to be completed by June 30th, even though this will be addressed in the comp plan the full Action Plan will be a separate document. Because the Action Plan needs to be submitted annually with the changes that have occurred throughout the year. Supplying the plan to Met Council will make the city eligible for several types of funding. Mr. Johnson explained the MUSA application for the Eagle Pass Development. Because he felt that it could be justified to put the entire project into MUSA right away the request was changed from an additional 10 acres to 60 acres. If the city has outstanding commitments — erosion control plan, water plan, sewer plan, water quality plan -- Met Council tends to delay the process of the application or amendments. These policies need to be referenced with a time frame on the MUSA application. The council questioned the rate in which Mr. Johnson presented the MUSA growth and why the entire city wasn't in the plan immediately. Mr. Johnson stated that by best management practices for development, the city would want to prohibit development without utilities (water and sewer). Mr. Johnson also added that Met Council only cares about the residential districts and not necessarily the commercial and industrial zones. CC5- 1JT.WPS I Joint Meeting - May 1, 1996 - Comp Plan Mr. Johnson recommended having a policy that addresses how long the residents have to hook up to city utilities. For example, if city utilities become available the residents would be required to hook up within two years - at least for sewer. It was noted that the Water Supply Plan would be completed by June. Mr. Johnson asked for comments on the growth management plan. Ms. Helmbrecht stated that the downtown area should be mixed use. Mr. Johnson replied that there are questionable areas that limit that - Eagle Pass Development, the public and church property. However the city could establish requirements on the smaller lots for the architectural styles, but still leaving opportunities for retail and commercial. Not allow the grid iron style and addresses the parking issues. Mr. Johnson added that it would take an extraordinary commitment to allow mixed use in the old downtown area. Those present discussed the mix -mash of housing styles and if the city wanted to keep downtown as the "old" downtown that design standards should be set. Create an architectural screening board to see if it fits that particular area. It can be stated in the comp plan that the building design needs to fit with the existing styles. Then address it more in detail through an ordinance. Mr. Johnson stated that only a small portion of Centerville's population is senior citizens. Ms. Brenner stated that based on Steve Crriesert, Community Partners, market survey he would recommend 16 -20 units. Ms. Brenner added that senior housing fits in the downtown area with the church property being the ultimate site. Ms. Pelton stated that the twin homes in the Eagle Pass Development would be suitable for seniors and that she would like to see the city NOT be involved financially with a senior housing project. Because of the financial risk and administrative time - the city should consider a no risk plan. The city should guide development towards implemented policy that may required them to some units towards seniors. Mr. Johnson responded that the senior housing is meant for the "Empty Nesters ", not yet retired seniors, the more active group. These "Empty Nesters" are looking for homes with little or no maintenance and companionship not necessarily nursing care. Mr. Johnson explained the logic behind phasing the MUSA growth. He currently has 5 year increment additions. The city would want to develop to stay in line with contiguous staging of utilities. The staging can be more frequent if development is faster than what it is currently. Ms. Brenner expressed some concern to redo the comp plan when more MUSA is needed if it is not all included now. She mentioned that a developer has purchased the land south of Center Street. Consensus from those present to include the property between 20th Avenue and the east boundary line in the 1996 -2000 growth of MUSA. This would alleviate any obstacles for the commercial and industrial area. Once again it was mentioned that Met Council really only looks at the MUSA area for residential. CC5 -1 JT. WPS 2 Joint Meeting - May 1, 1996 - Comp Plan Mr. Johnson stated that although Centerville is growing faster than predicted it is not outside Met Council projections. Mr. Tourville stated that the area south of Center Street only has sewer to it. The city should wait for water to get down there for development instead of creating a "leap frog" effect. Mr. Tourville also added that he doesn't think Centerville will expand as quickly as everyone else is presuming. Mr. Johnson stated it could be an argument for the developer to pay for the watermain and plan amendment if he wants to development outside the stages of the plan. Mr. Fogerty questioned the water capacity. Mr. Nyberg stated that it would be addressed in the Comp Water Plan, plus the city is trying to work with Lino Lakes on an interconnect to their system. Mr. Paizer also added that it is the storage capacity that is a concern not the pumping capacity. Ms. Pelton questioned the format and technical writing of the report. For example, she would like the committees to be referred to by the correct names, and the report written in the active voice, some of the wording is negative. Ms. Pelton pointed out to Mr. Johnson some of the existing parks that were omitted from the plan. Also discussed the greenway plan and how to incorporate it in Centerville through or around the existing and already proposed developments. Written plan elements would be addressed at the next meeting - approximately 2 months. Mr. Johnson informed those present that some of this would be adjusted right away to have ready for the EDC Business Appreciation get together. Otherwise any additional comments or changes should be forwarded to him within the next couple of weeks. The next draft will be submitted to Met Council for an informal review and comment. Mr. Johnson noted that affordable rental housing is the biggest issue to be addressed by the Met Council Livable Communities Act. MOTION by Powers - Rasmussen, second by Brenner to adjourn the joint comprehensive meeting at 8:55 p.m. Motion carried unanimously. Respectfully submitted, Trudi Breuninger City Clerk CC5- 1JT.WPS 3 CITY OF CENTERVILLE CITY COUNCIL MAY 8, 1996 Pursuant to due call and notice thereof, the City Council of the City of Centerville held a workshop, public hearings and their regular meeting on May 8, 1996 at the City Hall. Mayor Wilharber called the workshop to order at 5:25 p.m. PRESENT: Wilharber Powers- Rasmussen Buckbee Brenner ABSENT: Hehnbrecht STAFF /CONSULTANTS: Trudi Breuninger Paul Palzer Dave Nyberg Greg Hellings WORKSHOP The council discussed the school water expansion project and the assessments. Hellings reported that it is legal to defer assessment with or without interest and seniors can defer until death, sale of property, loss of homestead or until council states otherwise. The council discussed options to justify a "fair" assessment. Topics considered: Assessment for Clearwater Meadows if project will be bonded together, if based on REUs and that amount is reduced for residents it has to be reduced for the school too, if an appraisal would show a fair assessment. Dave Nyberg questioned the location of the apartment well. Paul Palzer questioned the contaminated wells at Noble and the school - which way is the ground water going. Consensus to award the bid tonight and adopt the assessment roll after completion of the project. MOTION by Wilharber, second by Buckbee to adjourn the workshop at 6:23 p.m. Motion carried unanimously. PUBLIC HEARING - UTILITY IMPROVEMENT Called to order: 6:30 p.m. Mayor Wilharber read a prepared opening statement. CC5- 8MM.WPS 1 City Council meeting minutes of May 8, 1996 Dave Nyberg described the project and the improvements that have been approved by council. The project consists of watermains, hydrants, street reconstruction to better serve the bus traffic, street restoration of Main Street and Mill Road. Mr. Nyberg stated that there would be some disruption to properties but that they would be restored by sod or seed with a one year warranty. Project scheduled to start May 10th and be complete by July or August. Mr. Nyberg explained other costs for the residents that would be associated with hooking up to city water - Well capping, running watermain from the stub to the house, hook -up fee to the city to "buy into" the system. Donald Opp, 1554 Holly Drive, stated that the $1300 hook up fee doesn't included service to the house. Nyberg concurred. Dick Kvanbeck, James Company, questioned what the WAC charge is for commercial and also asked if it would be required they hook up. Larry Perron, 1798 Main Street, questioned how many residents within the 1000 feet of a hydrant are being assessed if they benefit from it. Mr. Perron also questioned what the WAC charge is. Nyberg responded that is put into a fund for maintenance costs, capitol improvements, water tower costs, etc. Warren Tester, School District Representative, stated that the request goes back 5 years but that it was formally applied for in December 1995, He stated that there are over 700 students and 85 staff members and currently use 2.3 million gallons a year. The use water for a freezer unit that requires water, the every day kitchen uses, domestic uses (bathroom and drinking), and the sprinkler system. Mr. Tester stated that the sprinkler system requirement is what has brought them to petition for water. The school currently monitors and tests the water and keeps a record of this for the DNR; switching to city water would transfer this responsibility to the city. Mr. Tester stated that they are not planning on capping the well. They would like to keep it available for future irrigation uses. Udo Wegmann, 1742 Main Street, questioned why the watermain is crossing Main Street twice. Mr. Nyberg gave two reasons? 1. the existing casing under the creek and 2. the size of the right of way on the north isn't large enough, Anoka County restricted construction to take place on the south side of Main Street. The placement of the watermains is 10 feet off the traveled lane (edge of the pavement). The utilities would be placed underground at the same time. Dick Robischon, 1832 Main Street, commented that his yard has been tore up 3 or 4 times already. CC5- 8MM.WPS 2 City Council meeting minutes of May 8, 1996 Mr. Opp questioned if over 50 1 /6 of the residents affected were opposed if the project could be stopped. Mr. Nyberg stated that it is possible in a charter city. However, Centerville is a statutory city and can start a project by 4 /5th majority council vote. Mr. Opp compared the proposed assessment for his project with that of the school. He expressed some concern that his property wouldn't increase in value to justify city utilities. With all the time and money he has put into the building already, to cooperate with the city regarding the open sewage and drug problems existing when he purchased the building, Mr. Opp felt that the city should help him out by being "realistic" on his assessment. Mr. Hellings stated that the city would have to prove in a court that the assessment is fair. Mr. Wegmann questioned why the northern loop was abandoned. Mr. Nyberg stated that they based the calculations on the fire flow requirements. Mayor Wilharber stated that the downtown area will benefit from the hydrants. He also added that the city is growing and continuing to change and the city needs to provide services to the community. Mr. Helmbrecht stated that the town is expanding not the old part of town, the homes are not benefiting from the water only the school. Mr. Helmbrecht added that the residents are not against getting water to the school but that the cost is being paid for by the residents on Main Street. Mr. Wegmann offered to put up $1,000 to look for a better alternative. Mr. Nyberg stated that there isn't another or better way. Pam Scheiblauer, 1737 Main Street, stated she recently purchased the home and it has a new well and questioned whether the water would benefit he property. MOTION by Powers- Rasmussen, second by Brenner to close the street and utility improvement public hearing. Motion carried unanimously. Open Assessment Hearing at 7:30 p.m. Mr. Nyberg stated that the assessments were set by the REU - residential equivalent units. Currently the school is being charges 27 times that of a resident. Mr. Nyberg stated that the sewer usage is directly charged to the water usage. Street reconstruction is being paid by the school and city. Councilmember Powers - Rasmussen expressed sympathy and understanding to the residents regarding the assessment and stated that the roll is a worst case scenario. The CC5 -8MM. WPS 3 City Council meeting minutes of May 8, 1996 council has to review other options and will not make a decision without careful consideration. Mr. Nyberg stated that apartments should be assessed at a lower rate, generally 80% of the use of a regular residential unit. Councilmember Brenner reassured that the assessment roll is a worst case scenario. She added that the original plan was to adopt the roll tonight, but have come to a consensus to wait until the project is complete. In the meantime the council will Consider having appraisals done to assist them in establishing a fair assessment. Mr. Hellings stated that by law the city can't go any higher then what the notices were sent out at unless another hearing was held. Mr. Perron asked if a different approach could be looked at, per child or entire city. A lot of the residents don't have a problem with helping the school. Councilmember Powers - Rasmussen stated that everyone does pay by paying city and school taxes. Mr. Opp stated he feels trapped being an existing property owner, at least the new home buyers have the option to move on. Mr. Hellings stated that once an assessment roll is adopted property owners have 30 days to appeal. They would however need to file an objection by the close of the hearing in order to appeal. The city cannot assess a property for more than the value of the benefit. Mr. Tester commented to Mr. Opp regarding the street reconstruction. The city and school are paying for the street reconstruction and although he has traffic from his apartment building that uses that he will not be assessed. Mr. Tester also stated that the city has tried hard to accommodate the needs of Mr. Opp and other residents. Mr. Opp stated that his tenants cannot even park on the street and this investment is worthless with this proposed assessment. Rick Paulsen, 1764 Main Street, stated he can understand paying a hook up fee to buy into the system but why only 20 people paying for the water to the school. Why isn't it distributed throughout the entire city. Mr. Hellings replied that it is an assumption that having city water provides a benefit to the property, what this is is still to be determined. That it will increase your market value to some extent. Councilmember Powers - Rasmussen stated that it doesn't benefit those residents who do not have children, how would the city justify distributing the costs that way. Councilmember Buckbee stated that as a society it is our duty to provide a safe environment for the kids in the community. She added that is her way of thinking and not all people may or may not agree. CC5- 8MM.WPS 4 City Council meeting minutes of May 8, 1996 Earl Halley, 1740 Main Street, stated that this is dictatorship to say that they have to hook up and pay a certain amount. Mr. Halley added that it would be $64.00 a foot for a $3200 assessment for his property. Ms. Wyne requested that the council consider putting a cap on the charges for these properties. For example not charging interest for seven years and keeping the WAC charge at $1300 instead of having a future council change to a higher number. Councilmember Buckbee stated that a council cannot change a levied assessment without having a re- assessment hearing. Mr. Nyberg stated the Ro -So Contracting is the prime contractor and he would most likely sub out the landscaping. Mr. Opp questioned if the WAC charge could be protested. If the city is making them hook up instead of repairing a well system why couldn't the cost be contested. Mr. Hellings stated that is generally set by Met Council. Trudi Breuninger read the list of names that have turned in a letter of objection to the proposed assessment. Consisting of, Mr. Donald Opp 7124 Progress Road Ms. Anita Underwood 7128 Progress Road Mr. Udo Wegmann 1742 Main Street Mr. David West 1824 Main Street Ms. Pamala Scheiblauer 1737 Main Street Mr. Rick Robischon 1832 Main Street Ms. Sandra Wegleitner E. Commercial — Main Street Mr. Larry Perron 1798 Main Street Mr. Dean Lauderbaugh 1844 Main Street Mr. Thomas Piersiak 7096 Progress Road Mr. Earl Halley 1740 Main Street Mr. Richard Paulsen 1764 Main Street Mr. Loren Clobes 1858 Main Street Mr. Stephen Wyne 1862 Main Street Mr. Jerry Helmbrecht 1745 Main Street Mr. Tom Dupre 1781 Main Street Ms. Myra Mills 1744 Main Street Mr. Dick Kvanbeck Commercial Property Mr. Nyberg is preparing temporary easement waivers for residents and the school that are necessary. He added that the utilities will be run underground with new lines. MOTION by Brenner, second by Buckbee to adjourn the public hearing until September 11, 1996, at 6:30 p.m. Motion carried, Powers - Rasmussen not present. CC5 -8MM. WPS 5 City Council meeting minutes of May 8, 1996 Recessed 8:30 p.m. Reconvened 8:40 p.m. APPROVAL OF MINUTES MOTION by Brenner, second by Powers - Rasmussen to approve the meeting minutes of April 10, 1996 with the noted corrections on pages 2, 3, 6 and 8. Motion carried unanimously. MOTION by Brenner, second by Buckbee to approve the meeting minutes of April 22, 1996. Motion carried, Powers - Rasmussen abstained. MOTION by Brenner, second by Powers - Rasmussen to approve the meeting minutes of April 24, 1996 with the noted correction on page 6. Motion carried, Buckbee abstained. The meeting minutes of April 30, 1996 were tabled due to lack of quorum present to pass. SET AGENDA Add Cable TV Operator, Kelly's Komer Fence, and move Payment of Claims up on the agenda and committee reports to the end. MOTION by Powers - Rasmussen, second by Brenner to approve the agenda for May 8, 1996, with the above noted corrections. APPEARANCES Mike Quigley, representative of the owners of GOR -EM Development presented the sketch plan for Eagle Pass consisting of single family homes, twin homes and single family townhomes. Rick Harrison the designer for the project stated that they have just received preliminary plat approval for a similar project in Andover. Mr. Harrison showed slides from similar projects that provided a visual idea of what the project would look like. Other ideas considered for the project: Staggering homes on the street, versus putting them all at the same setback provides more freedom and would then be able to put windows on the side of the homes. Generous open area between homes. An association maintained and landscaped to keep the development very clean looking. This development would not become "cluttered ". Mr. Harrison demonstrated by slides the aging process of developments that are not by association. Mr. Harrison then gave a demonstration with model houses showing how many more houses would fit on the same street frontage by staggering the homes. This is allowed by having the project fall under a PUD - Planned Unit Development. CC5 -8MM. WPS 6 City Council meeting minutes of May 8, 1996 There would be a possible 3 stop signs in the development, the curve roads would force people to slow down when driving down them. Tony Emrich stated that there had been some question as to the park property and are looking for the council's opinion for the park dedication. They are also looking for approval for this type of concept. Primary question being the "Greenway ", if this is what the city wants for park property. Kevin Fogerty, P &R committee member, stated that there are two primary purposes for the "Greenway ". One, better water quality and secondly wildlife. P &R has expressed concern as to who will maintain this greenway. Mr. Fogerty also stated that P &R does not want the Greenway as park dedication property. The council also expressed some concerns for having park property next to the creek. Councilmember Buckbee stated that she likes the concept of the PUD and open spaces. Mr. Harrison also added the Met Council also likes these types of developments in communities. This high density would assist Centerville in the Metropolitan Livable Communities Act. Mr. Larry Olson, engineer for the project, stated that the wetland delineation has not come back yet, therefore changes may occur in the project. It would still allow to have half the total project open. Mr. Harrison stated that the utilities may not necessarily follow the streets or right of ways, they would be in straight lines. He added that easements would be given. Mr. Nyberg stated that because of the soils in Centerville causing to push up the pipes if they are not put in a subgrade. Mayor Wilharber stated he liked the concept but still has a problem with the private streets abutting the undeveloped property. Mr. Quigley stated they have been talking to the property owners. Councilmember Brenner asked about sidewalks or trailways. Mr. Harrison stated that walkways could be weaved throughout the project. If the trailway was through the association part it would be maintained by the association. Mr. Fogerty stated that P &R would like to see some sort of trail system to allow access to Laurie LaMotte Memorial Park. Councilmember Powers - Rasmussen stated that she would like to see a park in the southeast comer of the project to service the residents in the Center Oaks development. Consensus of the Council: Powers - Rasmussen: likes it but wants continuity in the trail plan. Brenner: likes it, creates density, life cycle, creativity, not in favor of the greenway. Buckbee: ditto. Wilharber: agrees with the rest of the council but would like to see the sidewalk issue addressed. CC5- 8MM.WPS 7 City Council meeting minutes of May 8, 1996 Mr. Nyberg commented on the storm drainage issue. Mr. Larry Olson stated that there will be a ponding area in the center area of the project and along the creek for sedimentation with 1 or 2 discharges to the creek and 3 -4 ponds. Mr. Emrich stated that based on what happens to the MUSA the whole project may be a go by fall. Mr. Emrich also added that the vast majority of the trees will be saved. Planning and Zoning approved the application for additional MUSA on May 9, 1996. MOTION by Brenner, second by Powers - Rasmussen to approve the MUSA application for the Eagle Pass project, staff to mail the 7 required copies to Met Council. Motion carried unanimously. School Water Project Mr. Nyberg stated the council should decide on the storm culvert issue on Main Street and Peterson Trail because when Ro -So starts his project he will start the project at that corner. Councilmember Powers - Rasmussen stated this issue should be looked at a little more thoroughly. She feels the 8" watermain should be a 12" and when the watermain is installed that the culvert be corrected to solve the drainage problem. Paul Palzer agreed that the culvert does not appear to be adjusted correctly. Mr. Nyberg stated that it wouldn't make that big of a difference to correct it. The predicted flow rates calculated for the school would still be met. Having the bottleneck would reduce the flow by approximately 2 psi or 10 -15 gallons per minute. Councilmember Buckbee stated she can't justify the dollar amount for a 4" pipe difference that according to the engineer wouldn't make a difference. As long as the schools needs are being met can't see the need to tear up the road. Mayor Wilharber agreed with Buckbee and added that he doesn't want to add more cost to the assessments and can't see the city picking up the expense. Mr. Palzer stated the gallons per minute will change, not to mention the drainage issue. Mr. Palzer added that the council should base decision on a computer model, he suggested they go out and look at the situation. Mr. Nyberg stated that if the road is ever tore up for street work, that would be the time to replace the watermain and correct the culvert. CC5 -8MM. WPS 8 City Council meeting minutes of May 8, 1996 MOTION by Wilharber, second by Buckbee to have this storm culvert and 8" watermain issue be dropped for consideration. NAY - Powers - Rasmussen and Brenner. Motion failed to carry. MOTION by Powers - Rasmussen, second by Brenner to table this issue until the next meeting for further discussion. NAY - Wilharber and Buckbee. Motion failed to carry. MOTION by Brenner, second by Buckbee to adopt resolution 96 -18 - ordering improvements and awarding the bid for the watermain extension project, and alternate 3 and 2 watermain extension to Centerville Road. Total cost of the project $414,676.26. Motion carried unanimously. Grading Escrow MOTION by Buckbee, second by Powers - Rasmussen to set of $1,000.00 per lot in escrow for grading until the grading is approved. Motion carried unanimously. Surface Water Management Plan Mr. Nyberg stated that a sample resolution from Lino Lakes has been provided. He stated that he had been asked to come up with something similar for Centerville. The council needs to get something set up for the interim while the city is getting plat maps in. MOTION by Powers - Rasmussen, second by renner to table this issue for further discussion. Motion carried unanimously. Eagle Pass Mr. Nyberg stated that the developer for Eagle Pass is looking to fund the project themselves, therefore not going through a 429 process. Plans and specs would be prepared by their engineer but still be inspected by MSA. Mr. Nyberg added that the city loses control when they don't go through this process. Councilmember Buckbee stated she would like this investigated - does the city have an ordinance against them. Comp Plan Update As per Trudi Breuninger's memo dated May 2, 1996, Dean Johnson is looking for direction from the council regarding changes suggested at the joint meeting. There was some verbiage questioned and commented on by Carol Pelton and Mr. Johnson stated that it would require a lot of staff time to modify the document. General consensus of the council to look at the suggestions from Ms. Pelton before giving a recommendation. General consensus of the council to approve the high density areas. CC5 -8MM. WPS 9 City Council meeting minutes of May 8, 1996 LaMotte Memorial Park Councilmember Buckbee stated that TIF was conunitted for the purchase of the property but not for the development. Councilmember Brenner stated that Jim March has been involved and experienced in grant writing. MOTION by Wilharber, second by Brenner to table until Mr. March is on board for his review. Motion carried, Powers - Rasmussen absent at vote. TAXSYS System MOTION by Buckbee, second by Brenner to approve the TAXSYS System to purchase the Info - Connect and Reach Out Remote software needed to get the system installed. Motion carried, Powers- Rasmussen absent at vote. City Sign Contract Councilmember Brenner stated that the county has an 80 foot set back. The difference between a 1 or 2 sided sign is only $200.00. EDC will hold a fund- raiser for additional funds. MOTION by Brenner, second by Powers - Rasmussen to order the Centerville City Sign from Gulf Industries at $3200, balance to be paid in 3 monthly installments. Rest of the funding after EDC's fund- raiser to be from the miscellaneous fund to be paid back from the Newsletter ads. Motion carried unanimously. Community Police Training MOTION by Brenner, second by Powers - Rasmussen to table until the next agenda to give the council time to review their schedule. Motion carried unanimously. Election Conference MOTION by Buckbee, second by Powers - Rasmussen to approve Trudi Breuninger and Danell Westbrock to attend the 1996 Election Conference for Municipal Clerks on June 27, 1996 at St. Paul Technical College. Motion carried unanimously. PEIP- Public Employees Insurance Plan MOTION by Buckbee, second by Brenner to approve the PEIP contract renewal with the new rates. Motion carried unanimously. CC5- 8MM.WPS 10 City Council meeting minutes of May 8, 1996 Park Lights Motion by Powers - Rasmussen, second by Brenner to approve the park lights to be funded through the Park and Recreation budget. No vote taken, motion later rescinded. Mr. Palzer stated that this project was to be covered by CDBG but now the county won't approve it. NSP would own the fights and would be more economical to run. MOTION by Wilharber, second by Powers - Rasmussen to refer this issue back to Park and Recreation for budget discussion. Motion carried unanimously. Cable Operator Patty Geurke will not be able to work from June 1 through September 1, 1996. Mr. Joe McNaughton has applied for the position. MOTION by Wilharber, second by Powers - Rasmussen to accept Joe McNaughton's application for a temporary cable operator in the absence of Patty Geurke, at the same rate of pay. Motion carried unanimously. Kelly's Korner Fence Issue Councilmember Helmbrecht asked that this be addressed. Kelly's was putting up a mesh fence and Mr. Palzer issued a stop work order because a variance and building permit was not applied for. Councilmember Buckbee questioned the definition of a fence. Mr. Palzer stated that Waterworks recently went through the same thing for replacement of the fence that was damaged in the ice storm. The height requirement is exceeded thus needing a variance. Councilmember Buckbee stated the goal is to provide screening for residents and other businesses and 6' isn't high enough. Mayor Wilharber stated the safety issues of volleyballs flying over into the street. However he did not agree to having it done without a permit. MOTION by Buckbee, second by Powers - Rasmussen to table the fence issue until Councilmember Helmbrecht and the owner of Kelly's can be present. Buckbee rescinded her motion. MOTION by Buckbee, second by Brenner to direct the owner of Kelly's to approach Planning and Zoning for a variance request. Motion carried unanimously. COMMITTEE REPORTS CC5- 8MM.WPS 11 City Council meeting minutes of May 8, 1996 Mayor Wilharber noted that P &Z had a mini storage proposal before them for 6 buildings each being 4500 square feet. Basically steel buildings with brick end faces. No city utilities would be used. P &Z referred it to EDC for comment. Mayor Wilharber reported that P &Z recommended approving the Barott lot split. Tmdi Breuninger explained that future drainage and utility easement would have to be provided on the property lines. Due to the lack of space between homes, whatever is available would be utilized for future easements. MOTION by Buckbee, second by Brenner as per P &Z recommendation, to approve the lot split for the Barott property on Main Street and drainage and utilities easements as per MSA's letter date April 18th. Motion carried unanimously. Mayor Wilharber also reported that the TEA Group is interested in erecting another antenna tower adjacent to the existing tower. And Sprint is interested in installing an antenna on the water tower with a lease of $6 -9,000 a year. PAYMENT OF CLAIMS MOTION by Buckbee, second by Brenner to approve the Centennial Fire District's expenditures dated May 2, 1996. Motion carried unanimously. MOTION by Buckbee, second by Brenner to approve the City of Centerville's receipts and disbursements dated April 25 -30, 1996. Motion carried unanimously. MOTION by Buckbee, second by Powers - Rasmussen to approve the City of Centerville's receipts and disbursements dated May 1 -8, 1996. Motion carried unanimously. MOTION by Wilharber, second by Buckbee to approve payment of the initial $4,000 to McGuire Iron and to continue negotiations on the re mainin g portion. Motion carried unanimously. ADJOURN MOTION by Buckbee, second by Powers - Rasmussen to adjourn the regular city council meeting of May 8, 1996 at 11:35 p.m Motion carried unanimously. Respectfully submitted, Trudi Breuninger O City Clerk CC5- 8MM.WPS 12 CITY OF CENTERVILLE CITY COUNCIL MAY 22, 1996 Pursuant to due call and notice thereof, the City Council of the City of Centerville held their regular meeting on May 22, 1996 at the City Hall. Mayor Wilharber called the meeting to order at 7:00 p.m. PRESENT: Wilharber Powers - Rasmussen Helmbrecht Brenner ABSENT: Buckbee STAFF /CONSULTANTS: Trudi Breuninger Paul Paizer Dave Nyberg Jim March APPROVAL OF MINUTES MOTION by Wilharber, second by Brenner to table the approval of minutes until the next council meeting. Motion carried unanimously. PAYMENT OF CLAIMS MOTION by Helmbrecht, second by Brenne to approve the Centennial Fire District's expenditures dated May 20, 1996. Motion carried unanimously. MOTION by Brenner, second by Helmbrecht to approve the City of Centerville's receipts and disbursements dated May 9 -22, 1996. Motion carried unanimously. SET AGENDA Move Committee Reports after new business and add: Safety Committee, EDC, Animal Control, Recycling/Garage Sale. Add Jeff Glewwe, United Waste to Appearances Add to Old Business: Senior Housing Workshop, Drainage Update (Prairie Drive), Eagle Pass. Add to New Business: Ken Cook's position, Workshop dates. MOTION by Brenner, second by Powers - Rasmussen to approve the agenda for May 22, 1996, with the above noted additions and corrections. Motion carried unanimously. INTRODUCTION Mayor Wilharber introduced the newly appointed Clerk - Administrator, Jim March. Mr. March started May 20, 1996, and was welcomed with open arms. CC5- 22MM.WPS 1 City Council minutes of May 22, 1996 Councilmember Brenner thanked the Mayor for taking on the added responsibilities he assumed in the absence of an Administrator since September of 1995. PETITIONS AND COMPLAINTS Councilmember Brenner stated a resident on 73rd express some concern during the bad weather recently, that they couldn't hear the sirens. This was brought to the attention of Dale Larson on the Civil Defense Team. APPEARANCES Bald Eagle Water Ski Show Mr. Kevin Felien stated that the Bald Eagle Water Ski Show is applying for a temporary structure permit from Anoka County for the ski jump that is placed on Centerville Lake in front of Waterworks. Mr. Felien requested that two letters be sent, one regarding the whereabouts of the jump and a second denoting there are no special regulations regarding ski jumps in Centerville ordinances. He noted that there is no liability for the city, it is covered by the American Ski Association. There have been some new requirements that will also be addressed. For example: a light pole will be mounted on the ramp when not in use, this light will be lit from dusk to dawn. They generally practice on Tuesdays and Thursdays from 5:30 p.m. to dusk. Mr. Felien stated they have been doing this fo the last 5 years. When they first started they received some complaints and have since corrected boat patterns to accommodate those residents. MOTION by Helmbrecht, second by Brenner to request that staff prepare and mail the two letters requested from Mr. Felien, Bald Eagle Water Ski Show. Motion carried unanimously. United Waste Mr. Jeff Glewwe stated that United Waste would like to enhance the service by providing a carted system. Mr. Glewwe requested that a meeting be set up to discuss the options and benefits surrounding this system. Mayor Wilharber stated that Centerville only has one garbage hauler and would be beneficial to them to provide a safe and easier system, especially to senior residents. Staff was directed to coordinate a meeting with Mr. Glewwe, the Council Liaison and staff. OLD / NEW BUSINESS Clearwater Meadows CC5 -22MM. WPS 2 City Council minutes of May 22, 1996 Dave Nyberg noted that the city had received a letter of credit from the developer. Mr. Nyberg stated the city received 8 bids for the project. According to the bids the cost to run service to the 9 existing residents on Brian Drive is $8,000 / $900 each resident. The difference between this project and the Main Street project is that the residents on Main Street are paying for the trunk line and service to the property line. On a new development the developer pays for the trunk line, Councilmember stated she understood why but doesn't agree, especially since both projects would be bonded together. She added that the city would be getting appraisals on the different houses and zones. Mr. Nyberg stated he can see having a problem with doing appraisal because it would set the council's prices. Rockey Goertz commented that those 9 residents should pay 1 /27th of the trunk line. Mr. Goertz requested approval of the plat contingent upon FEMA and RCWD. Until approval is received from those two parties that final plat could not be filed at the county. Mr. Nyberg stated that they don't have RCWD approval yet. They are still waiting for a wetland replacement plan from Rehbein. Mr. Goertz stated that he doesn't see why it can be done with contingencies so he doesn't have to come back before the council. Mr. Nyberg questioned the status of the as built grading plan. That the project would have to be graded and verified prior to the issuance of a building permit. Mr. Nyberg stated that an as built grading plan policy is critical with this project being by the creek. Mr. Goertz stated that this has never been discussed with him. He added that the communication has been poor with the engineer. Mr. Goertz stated that if he would've known about this 3 months ago he would've dropped the project. He added that it wasn4 in the feasibility study or the draft development agreement. Councilmember Powers- Rasmussen stated that it wouldn't be fair to hold Mr. Goertz up if the city doesn't have this plan ready. Mayor Wilharber apologized for the poor communication. Mr. Palzer stated that grading after a home is built is hard than to have it roughly graded from the beginning. Mr. Goertz stated that he has been willing to work with the city but some of these requests are out of the question. Mr. Goertz went on to explain the construction process that they had intended to use. He added that he would fight the grading plan issue throughout the ent project because he was never informed. Mr. March stated that during his first three days here in Centerville he has been faced with drainage problems, therefore he does have some concern. CC5- 22MM.WPS 3 City Council minutes of May 22, 1996 Mr. Goertz stated that the assurance of the grade is a condition of the occupancy permit. Mr. Nyberg stated that when the council met in March regarding the variance needed on the cul -de -sac, Mr. Goertz said he wasn't going to start until July 1st. Mr. Nyberg stated that RCWD is waiting for Mr. Rehbein's wetland replacement plan to be approved before approving the Clearwater Meadows plat. Mr. Nyberg feels it would be appropriate to approve with contingencies at the June 12th meeting. Staff is directed to schedule and post a special meeting notice for June 5, 1996, at 5:00 p.m. and a workshop notice for May 29, 1996 at 5:00 p.m. to discuss the Clearwater Meadows project. MOTION by Brenner, second by Helmbrecht to table Clearwater Meadows for further discussion at the workshop scheduled for May 29, 1996. Motion carried unanimously. School Water Project Mr. Nyberg informed the council that a gas main needs to be relocated, the gas main had shifted from the located from NSP. This would be an additional cost of $10- 15,000 and will be handled as a field order - no council action is required. Councihember Powers - Rasmussen brought up the 8" watermain pipe located at Peterson Trail and Main Street that was discussed at a previous meeting. Mr. Nyberg stated the short distance of 90' would not affect the fire flow. It is a restriction but it is not worth tearing up the road to do it. Councilmember Helmbrecht questioned why not correct it if it is a restriction. Powers - Rasmussen added that the drawing shows it being replaced. Brenner commented she believes the cost is reasonable and would solve a drainage problem also. Mayor Wilharber stated he agrees with the engineers statement. Mr. Palzer stated he spoke to the Fire Chief regarding hydrant flows. Councilmember Helmbrecht stated that the Fire Chief has a concern for the fire protection for the downtown area. Mayor Wilharber stated that the cost would have to be passed to the residents. Mr. Nyberg stated he would compute the cost of the 90' pipe to 12 ". 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. MOTION by Brenner, second by Powers - Rasmussen to approve resolution 96 -19, a resolution establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue code. Motion carried unanimously. CC5 -22MM. WPS 4 City Council minutes of May 22, 1996 Storm Water Charges MOTION by Helmbrecht, second by Wilharber to table for further discussion at the workshop to be held May 29, 1996. Motion carried unanimously. FEMA Mr. Nyberg commented that they requested more detailed mapping. Drainage Update Mr. Palzer stated that the property was re- graded and the certificate of occupancy does state that there is standing water on the property. Mr. March stated that the owner is looking to pursue the developer or builder or misrepresentation. Eagle Pass Mr. Nyberg stated that the developers for Eagle Pass would like to have their own engineer prepare the plans and MSA only review and do inspections. He added that the council needs to let them know if this will be allowed. According to city ordinance the city engineer is to prepare all plans, Mr. Nyberg said. Councilmember Helmbrecht would like to know what other communities do. Staff is to review and report to council. Loan / Grant Application - Infiltration Mr. Nyberg stated that Met Council has a new matching loan and grant program for Infiltration/Inflow Control projects and studies. Infiltration problems such as sanitary sewers and manholes that have leaks. The grant portion of the program would provide money to a city to "study" the problem with no requirement for payback. The loan portion for actual repairs would require payback by the city, however, the repayment of the loan could be waived if the I/I repairs prove to be effective for a period of 5 years. Mr. Nyberg recommends applying for the loan. Mr. March stated that Centerville is number 13 on a list of 104 communities that were ranked in descending order of wet weather peak ratio. Mr. Palzer stated that although Centerville doesn't have anything real serious, such as a cracked line, a study would show what repairs are necessary. MOTION by Helmbrecht, second by Brenner to send in the application for Infiltration/Inflow assistance, to pass a resolution for this action, to list Mr. Jim March as the contact person, and that MSA conduct a study. Motion carried unanimously. CC5 -22MM. WPS 5 City Council minutes of May 22, 1996 It was noted to apply for the loan a documented study on what repairs need to be done, official meeting minutes and a resolution approving the application need to be submitted also. Mr. Nyberg extended a personal note to the council. He told them not to feel bad about Mr. Goertz. Because Centerville is growing and updating the comp plan more developers will be coming to town and the city should get want it wants from the developer. Councilmember Brenner stated that the city does need to improve on the quality of service. Waterworks Functions Mr. Sorenson stated they had met with the Fire and Police Chiefs, Councilmember Buckbee and Waterworks staff to address the concerns expressed in the past from functions similar to this. Proceeds from the Summer Jam are going to the Children's Hospital, Councilmember Powers - Rasmussen offered to help with the benefit. Notification will be sent to the neighbors jointly from Waterworks and KDWB. Summer Jam is scheduled for Sunday, June 30th in the afternoon, exact time are not clear. The Jet Ski Show is scheduled for August 3rd, this is an official MRP event. MOTION by Hehnbrecht to approve the noise permit for Summer Jam. Helmbrecht then rescinded her motion asking Mr. Sorenson to come back with definite times and the parking issue settled. Personnel Policy MOTION by Hehnbrecht, second by Powers - Rasmussen to amend the personnel policy to reflect the motion made at the April 24, 1996 meeting regarding dental insurance. MOTION by Helmbrecht, second by Brenner to continue to carry the Comprehensive Plan with Family coverage with the city paying 90% of the monthly premium. The employee does have to the option to take dental only as long as they have medical insurance elsewhere. Motion carried unanimously. Motion carried unanimously. Workshop for Senior Housing Councilmember Brenner reported that Steve Griesert has completed the final study for the senior housing and would like to set up a workshop to review. Staff is to schedule a workshop for Wednesday, June 19, 1996 at 6:00 p.m., and to invite Anoka County BRA. CC5 -22MM. WPS 6 City Council minutes of May 22, 1996 Park Facility Usage Fees MOTION by Powers - Rasmussen, second by Brenner to approve the park facility usage fees as recommended by Park and Recreation and to amend resolution 96 -05 stating as such. Motion carried unanimously. Joint Powers Agreement MOTION by Powers - Rasmussen, second by Helmbrecht to approve the Joint Powers Agreement between the City of Centerville and the City of Lino Lakes for street sweeping and hauling of sweepings. Motion carried unanimously. LMCTT Excess Liability Mr, March commented that it may not be necessary. Mr. Palzer stated that if it is an umbrella policy it could lower the premium. MOTION by Powers - Rasmussen, second by Brenner to table for further information. Motion carried unanimously. 1996 Annual League Conference Councilmember Powers - Rasmussen expressed an interest to go but has a conflict with the dates due to school and work. None of the other Councilmembers expressed an interest to go. Mr. March and Ms. Breuninger would like to attend. MOTION by Helmbrecht, second by Brenner to approve Mr. March attend the 1996 Annual League of Minnesota Cities Conference June 11 -14th in Rochester, Minnesota. Motion carried unanimously. MOTION by Hehnbrecht, second by Brenner to move the June City Council meeting from June 12th to the 10th at 6:00 p,m. Motion carried unanimously. MOTION by Powers - Rasmussen, second by Brenner to approve Ms. Breuninger attend the 1996 Annual League of Minnesota Cities Conference June 11 -14th in Rochester, Minnesota. Motion carried unanimously. Councilmember Helmbrecht mentioned that the office needs to be covered. Sentry Backup System MOTION by Helmbrecht, second by Brenner to table this issue until Mr. March has had a chance to review. Motion carried unanimously. Ken Cook's Position CC5 -22MM. WPS 7 City Council minutes of May 22, 1996 - Mayor Wilharber stated that Mr, Cook has been approved through the end of May. Mr. March commented that in the three days he has been here he has observed that Mr. Cook does play an active roll in the city. Mr. March however would like one month to review the financial aspect. MOTION by Brenner, second by Powers - Rasmussen to approve Mr. Cook's employment to the end of June. Motion carried unanimously. Mayor Wilharber thanked Mr. Cook for his hard work and dedication to the city. COMMITTEE REPORTS Mayor Wilharber commented on a letter received from the Police Chief regarding Animal Control and his wishes that Centerville take a look at contracting with Otter Lake, Mayor Wilharber stated that this issue still needs to be reviewed. The Police Commission did not meet due to lack of quorum. The DARE graduation went well and Mayor Wilharber is impressed with the students at the school and their involvement in the program. Mayor Wilharber thanked EDC for the Business Appreciation get- together. He also thanked Randy Hagerty on the tremendous job he did for the city -wide garage sale days. Councilmember Brenner reported on the Safety Committee. Her comments she shared with the council after having the first meeting: the committee is looking at setting goals; they would like to have a central employee bulletin board; will address the top 10 hazards; and they would like to network with the surrounding city's safety committees. Councilmember Brenner also reported on the EDC meeting that was held the night prior. The discussed the fund- raiser to be held during city celebration for the city sign. Comer Express will donate 100 gallons of gas and EDC will sell raffle tickets for $1.00. EDC commented that not everyone receives the city newsletter. They also discussed creating a Wall of Fame in the chambers. EDC would also like to see the financial summary from the audit published. ADJOURN MOTION by Helmbrecht, second by Brenner to adjourn the regular city council meeting at 10:00 p.m. Motion carried unanimously. Respectfully submitted, Trudi Breuninger City Clerk CC5- 22MM.WPS 8 � 1[ " MEMORANDUM DATE: June 6, 1996 TO: City Council FROM: Trudi Breuninger SUBJECT: CLEARWATER MEADOWS I have not received Dave Nyberg's comments on the revised development agreement as of today. - He promised them to me by Tuesday morning. He expressed to me that he does not have any major changes, just some additional sentences that apply to landscape easements, outlots and storm charges. I received Greg's opinion about a month ago and will forward him a copy after the council makes the final changes the night of the council meeting. DEVELOPMENT CONTRACT CLEARWATER MEADOWS (City Installed Improvements) TIES AGREEMENT made this day of 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; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property. 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 and completion dates: 1. Street names and traffic signs approximately 5 signs @ $250 /each $ 1,250.00 2. Establish monuments at lot corners 31 lots x $250 $ 7,750.00 3. Street sweeping 3 each @ $600 $ 1,800.00 4. Signage and barricades 3 each for one year x $200 /each $ 600.00 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 @ $500.00 x 33 lots $16,500.00 K- GDEV.WPS Page I Clearwater Meadows Development Agreement (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 $130,000.00 9. Sod yards - 33 lots at $750.00 $24,750.00 Total Estimated Construction Cost for Developer's Improvements $185,350.00 Escrow Retainage (150 %) $278,025.00 j Developer Retainage (150 %) $278,025.00 B. Construction of Developer's Improvements: 1. The Developer has requested that the City of Centerville undertake the following improvements pursuant to MS429: a. Installation of sanitary sewer (1636 LF) and water (2884 LF) distribution piping b. Installation of RCP storm sewer of various sizes (320 LF) c. Installation of urban street (5250 SY) d. Installation of sidewalk (2650 SF) 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. c. Provide 2 street name signs and 2 stop signs and 1 dead end sign for installation by City staff. d. Establish lot corner monumentation within 60 days of grading completion or six months after filing the final plat, whichever is sooner. e. Provided such street maintenance and control of builder's actions to maintain roadways clear of mud, soil, and debris to provide safe driving surfaces. The Developer shall provide street sweeping within 24 hours of the city's request for such services. 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 K- GDEV.WPS Page 2 Clearwater Meadows Development Agreement to be furnished to the City a schedule of proposed operations at least five days prior to commencement of his construction activities. Construction vehicles (developer, contractors, and builders) will utilize the existing blacktop surface on Main Street and 20th Avenue. The developer shall construct such temporary accesses as may be required to enter on the building sites such that construction traffic will not be allowed within the right of way areas of Brian Drive. 3. Site Grading 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. This material will be necessary to provide for compaction that will occur during utility installation. No building permit shall be issued for any lot without the proper grading checked of that lot and two adjacent lots to be 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 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 K- GDEV.WPS Page 3 Clearwater Meadows Development Agreement 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 conditions as the City shall determine. Landscape easements for lots 5 -10, block 2 and lots 27 -28, block 2 shall be written separately. These easements are to state that the berm cannot be removed. Note that lots 27 & 28 should show driveways to front on Brian Court. 7. Faithful rform n 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 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 1 /6) 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 K- GDEV.WPS Page 4 Clearwater Meadows Development Agreement of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be renewed or replaced by not later than twenty (20) days prior to its expiration with a like letter or bond. 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. CITYS IMPROVEMENTS 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. Improvements shall also include installation of balled and burlapped boulevard trees as specified by the City Forester. Said improvements shall be constructed and installed by the City to serve the Subdivision on the terms and conditions according to Ordinance #8, Section 38.01 (Exhibit A) and other improvements specific to the development herein set forth: A. Street Construction The Base Course shall be completed before September 15, 1996- The Wear Course shall be completed before September 1, 1997. B. Construction Procedure c . All such improvements set out in Ordinance #8, 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. K- GDEV.WPS Page 5 Clearwater Meadows Development Agreement C. Security, Levy 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-five (35 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. Payment of the interest accrued on the special assessments Ievied shall be payable to the City Clerk on November 15, 1996. The balance of principal and interest of the special assessments levied hereto shall be payable to the City Clerk in semi- annual installments commencing on April 15, 1997 and on each November 15th and April 15th hereafter until the entire balance plus accrued interest is paid in full unless paid earlier pursuant to Paragraph (C) herein. In the event any payment is not made on the dates set out herein, the City may exercise its rights pursuant to Paragraph (D) hereof. 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 PaMents of Special Assessments by Developer Developer, its heirs, successors or assigns hereby agree that prior to or on issuance of certificate of occupancy, to pay the entire unpaid improvement costs assess 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 K- GDEV.WPS Page 6 Clearwater Meadows Development Agreement 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 insufficient to pay the outstanding amount of such special assessments plus accrued interest, the City may certify such outstanding special assessment in full to the County Auditor pursuant to 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. 4. RERyfflURSEMFNT 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. K- GDEV.WPS Page 7 Clearwater Meadows Development Agreement 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. CLEAN ITP 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 NOTI CF. 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 B hereto. A signed copy of such agreement shall be returned to the City within ten (10) days following execution by the homeowner. 8. OWNERSHIP OF IMPROVEMENT 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. REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 10. VALIDITY If any portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. 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. 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 K -GDE V. WPS Page 8 Clearwater Meadows Development Agreement 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. Need deed forms for all outlots at the time of final plat approval and all deeds must have signatures. The City will not issue any permits for construction of homes on Lots 12 and 13 of Block 2, Lots 23 and 24 of Block 2, and Lots 3 and 4 of Block 1, until the trail easements have properly obtained and recorded. The Developer shall furnish proof of recording the final easements with Anoka County. 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 due to the City of Centerville in the amount of $17,500.00 shall be paid in cash at the time of the signing of the final plat. DEVELOPER CITY OF CENTERVILLE K -G DEVELOPMENT, INC. BY BY Rockey Goertz Mayor ATTEST: K- GDEV.WPS Page 9 Clearwater Meadows Development Agreement I, Rockey 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 duties, 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 Breumnger 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 Rockey 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 Rockey 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 11 CITY OF CENTERVILLE RESOLUTION 96 -20 A RESOLUTION AUTHORIZING APPLICATION FOR GRANT FROM METROPOLITAN WASTE CONTROL COMMISSION REGARDING THE ELIMINATION OF INFLOWANFILTRATION. WHEREAS, the City Council of the City of Centerville met on Wednesday, June 5, 1996, at 5:00 p.m. at the City Hall; and WHEREAS, the City of Centerville has been identified as having excessive inflows and infiltration to its sanitary sewage collection system; and WHEREAS, the City of Centerville has been advised by Metropolitan Waste Control Commission that grant monies are available to assist in the identification and elimination of such sources of inflow and infiltration; and WHEREAS, the City of Centerville has a long standing commitment to properly maintain the sanitary facilities and reduce extraneous clear water contribution to the Metropolitan Waste Control Facility; NOW THEREFORE BE IT RESOLVED BY THE CITY OF CENTERVILLE: 1. The Clerk Administrator, Jim March is hereby appointed as contact person for any grant contracts with the Metropolitan Waster Control Commission for the elimination of infiltration and inflow into sanitary facilities; and 2. The Clerk Administrator is authorized and directed to submit an application to the Metropolitan Waste Control Commission in the amount of , of which would be paid for from city funds and would be a matching grant from the Metropolitan Waste Control Commission. Adopted by Centerville City Council this 5th day of June, 1996. Tom Wilharber, Mayor ATTEST Trudi Breuninger, City Clerk J - "I'S"TI�EE"REERS March 12, 1996 1326 Energy Park Drive File: 260 - 081 -10 St. Paul, MN 55108 612 - 644-4389 Ms. Trudi Breuninger, Clerk 1- 800 -888 -2923 City of Centerville Fox 61244 -9446 1880 Main Street Centerville, Minnesota 55038 RE: CENTERVILLE WATER RESOURCE MANAGEMENT PLAN Dear Ms. Breuninger: As you know, at the joint meeting with the cities of Hugo and Lino Lakes, the status of the City of Centerville's Water Resource Management Plan was discussed. State statute CVO. ENGINEERING: requires that, once a watershed district's management plan has been approved and adopted, ENVIRONMENTAL local units of government have two years to submit a local water management plan to the MUNICIPAL watershed district. Rice Creek Watershed District has an approved plan dated August, PLANNING 1994. To meet the requirements of the state statute, the City of Centerville must submit SOLID WASTE a plan before August of this year. STRUCTURAL SURVEYING Section 6 of the Rice Creek Watershed District plan outlines the local responsibilities for TRAFFIC preparation of Centerville's Water Resource Management Plan. Included in the TRANSPORTATION responsibilities is a directive to prepare an implementation program and a capital improvements plan. This section would include a study of the current Centerville ELECTBICAL/MECHAN)CAL stormwater utility fee structure, along with annualized costs for stormwater system EVGtNEERING. HVAC maintenance, stormwater system construction, stormwater pond development, and erosion POWER DISTRIBUTION and sediment control programs. SCADA SYSTEM CONTROLS The City of Centerville's current Storm Drainage Master Plan was completed in May, 1990. We will incorporate much of the physical environment and land use information, as well as the hydrological information from this report into the updated report with only minor modifications. We propose to complete the Centerville Water Resource Management Plan at a not -to- exceed cost of $9200. This cost includes submitting the plan to the Rice Creek Watershed District for review as well as incorporating the watershed district's comments into the plan. OFFICES IN: MINNEAPOLIS PRIOR LAKE ST. PAUL WASECA An Equal opportunity Employer Ms. Trudi Breuninger March 12, 1996 Page Two We look forward to working with the City of Centerville to complete this plan. I will be in attendance at the March 13th Council meeting to answer any questions you may have regarding the proposed plan. Sincerely, MSA, CONSULTING ENGINEERS I ' C �, A David E. Nyberg, P.E. Project Engineer DEN:am 081- 1208.mar MSI April 19, 1996 File: 260 - 081 -10 MSUMIG ENGINEERS 1326 Energy Park Drive St. Paul, MN 55108 Ms. Trudi Breuninger, Clerk 612 -644 -4389 City of Centerville 1 -800- 888 -2923 1880 Main Street Fax: 612-644 -9446 Centerville, MN 55038 RE: CENTERVILLE WATER RESOURCE MANAGEMENT PLAN Dear Ms. Breuninger: The City of Centerville authorized us to begin working on different scenarios for adjustments to the current stormwater utility fee structure. This work would then lead to a possible funding scenario for the Centerville Water Resource Management Plan. As you know, the City is required to complete this plan within two years after the approval of the CIVIL ENGINEERING . Rice Creek Watershed District (RCWD) plan. ENVIRONMENTAL MUNICIPAL A possible structure we have discussed would be to set a per lot or per square foot fee to PLANNING charge against new developments. We have not yet chosen a fee to begin implementing SOLID WASTE this new process. The process could begin immediately with the Clearwater Meadows STRUCTURAL Development, and be added into the developer's agreement. SURVEYING TRAEELC The Rice Creek Watershed District is currently updating their plan with a schedule for TRANSPORTATION completion sometime this summer. The City of Centerville may wish to complete those portions of the plan that would not be affected by the RCWD plan update, and then ELECTRICAL,'MECnANICAL complete any affected portions after approval of the RCWD plan. ENGINEERING' " VAC I will be in attendance at the April 24th Council meeting to further discuss this issue. I can POWER DISTRIBUTION answer any questions you have about Centerville's plan at that time. SCADA SYSTEM CONTROLS Sincerely, MSA, CONSULTING ENGINEERS C D o4- �- Lk David E. Nyberg, P.E. Project Engineer OFFICES IN: DEN:pd MINNEAPOLIS PRIOR LAKE 081- 1910.apr ST. PAUL WASECA M Equal Opportunity Employer \ C Centerville City Council Centerville City Hall ���� ✓✓ 1880 Main Street tx Centerville, MN 55038 May 30,1996 Dear City Council Members: Attached is a copy of the Certificate of Survey for Block 5, Lots I and 2 of Peltier Lake Hills, dated October 11, 1978 (attachment 1). Please note that on the east end of the above lots there is a 33 ft. by 200 ft. strip of land which is shown to be part of the original right of way for Mill Road. Because of Clearwater Creek and the embankment the actual road ran to the east of this right of way With the Acorn Creek Addition and the abatement and relocation of the actual Mill Road through this area, this 33 ft. by 200 ft. area continues to exist as city property as shown on the current plot (attachment 2). 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 disturbing wildlife 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 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. We feel that the City does not have the time and resources to spend dealing with the problems of such a minor area and should consider vacating this area. We therefor petition the City of Centerville to vacate this property in favor of the owners of Lots I and 2 of Block 5 of Peltier Lake Hills, in equal portion. Respectfully, Theodore D. 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