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HomeMy WebLinkAbout2003-08-13 CC Packet ... CITY COUNCIL MEETING Wednesday, August 13,2003 6:30 P.M. COUNCIL MEETING ti" CALL TO ORDER 1. RoD Call n. APPROVAL OF AGENDA m. APPROVAL OF COUNCIL MINUTES . p~ Ltv 1. July 23, 2003 Council Meeting Minutes lV.~SENT AGENDA Lu--/~ 1. City of Centerville July 23, 2003 through August 13, 2003 Oaims 'At;-D ~ ~._ ~=~ir~eDistcict?~::_ pL{:.Juv&~~- ~~f-fuk/.41 ~~ v. / AWARDSIPRESENT~TIONSI P~ctS. . V l. I,l)~ ~~~ - ~+u.-r I~v' /Pf)/J/'/ VI. PUBUC HEARINGS ~ ~Jt i[,~rdiDance 1149 - Noise (Tabled from p~us meeting) lfl~ - 'pi> fu~ ~ ,..('. JL... J oy.. ~~ Ph~t Manh Pbast; m - MUSA/Comp. Plan Amendment &,finaI Plat. J<.~h>~ -IlMV....v-v'-' '1~" - ivtu ~I- ~ ~ ~~~~. vn. NEWB SS /..J, /:. V/, ~ ~~ ~)(62-J~ 7Dtf / 'I i ~~' ~;J, · Mr. Dave KiIiari - I69'!'Sorel ~treet (Site Plan Re!iew) l ~~ ~~ l'J . eltier Preserve - Developers Agreement --- - ~ "W 0 Hunter's Crossing 2nd Addition - Developers Agreement & Final Plat \ ~ f)tV' {fJ~. l~~avement Management Plan (Tabled from previous meeting) - ~~~U\_~l-Z;; ZoO ~ '0': . . ~ 20: North ~~unicatioDl Commission & Medin Center .. '" i' "0 . ~~~~.~, f)~ ~... 1J1'D~~/L~.#~ --- \r I VIII. OLD BUS"iNaS. - - - '-7 - - 1/D / \ &J lJ(" Ordinance #77 (Clean-up of Clandestine Drug Lab Sites and Chemical / DumpSites)-Dpft . ~y Mound Trail- t'~v~ ~ . '\k. /?J ~ Reconside~. tiJi.on h 0 ~f .lark D~cation (L'and) - Peltier Preserve L PM..v"')' ~ '+N"r.,.,.//l..eL,t/ 3....' ~31 IX. _ ANNOUNCEMENTSIUPDATES ~ Xcel Energy/Lift Station (Update) ~ - 1Y~.t,t.-s - C Al aZ" Warming Housc.i..(Tom L.) -, ~ to do; w~ f-D 4e- w Iu-v.... ~ ~. B 3. Tri-City MeetlltfUpdate (Mary C.) , Add.. - ~ G~~cr - ! p~ I~ .." ~ ~a.t..S < - "- lffi- ' --ru iJo-r; /:JJv fD ~ '1' \~ Kim Moore-Sykes From: Sent: To: Cc: Subject: Peterson, Tom W [tpeterson@bonestroo.com] Monday, August 04,20033:10 PM Jim Hoeft (E-mail) Kim Moore Sykes (E-mail) Centerville- Mound TraiVCarl Buechler Hi Jim, I received a quote of Carl's house to limit for quotes. not sure we can. from Larson Contracting to reconstruct all of Mound Trail from in front the cuI de sac. It totals $68,995.00, which is well over the $50,000 I would like to recommend him to do the work in the next month, but I'm This is for 902' of street, instead of the original 560' along Buechler Estates. Breaking it down, Carl would pay $21,418 for half the road along his plat and the City would cover the remaining, or $47,577. Comparing to past estimates and quotes, the total for the 560' portion in front of Buechler Estates is $42,836. At our meeting in June, Carl estimated it to be $45,000. Frattalone quoted $45,000 back in December 2002. Arcade Asphalt quoted $58,500 in August 2002 and Frattalone had $51,540 in May 2002. For reference, the site was originally graded and utilities installed in the summer of 1999. with the dry weather and the Council's authorization, this is definitely the opportune time to get it done. What do you think? Tom Peterson Bonestroo Rosene Anderlik & Associates 651-604-4868 651-636-1311 (fax) tpeterson@bonestroo.com 1 ~ . CITY OF CENTERVILLE CITY COUNCIL MEETING JULY 23, 2003 6:30 p.rn. Pursuant to due call and notice thereo4 the City of Centerville held their regularly scheduled meeting on July 23,2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Tom Lee Council Member Mary Capra Council Member Linda Broussard Vicke Council Member J effP '.;.".\.}.'... None. , ABSENT: STAFF: City Administrator, Ms. Moore-Sykes City Attorney, Mr. Hoeft City Engineer, Mr. Peterson I. CALL TO ORDER Mayor Sweeney called the July 23, 2003, City Council meeting to order at 6:30 p.m. ll. SET AGENDA Mayor Sweeney requested that an update on the Police Commission consolidation be added under updates. Council Member Capra requested that the water tower and Sedona Homes parking be added under updates as well as Eagle Pass and St. Genevieve Picnic parking under New Business. Motion bv Council Member Broussard Vickers~ seconded bv Council Member Lee to approve t6eieenda as amended. AU in favor. Motion carried unanimously. ill. APPROVAL OF COUNCIL MINUTES 1. Julv 9.2003 Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 3 of 10 change time frame to two words. On Page 5 of 10 indicate that the City's Ordinance will follow the state statute guidelines. Page 1 of24 ,. . Council Member Capra requested the following changes: on Page 5 of 10 change variance to ordinance. On Page 6 of 10 change unkempt to unkept. Motion by Council Member CaDr~ seconded by Council Member Paar to aDD rove the July 9. 2003 Council Meetine: Minutes as Amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1. The City of Centerville July 10, 2003 through July 23, 2003 Claims for Approval 2. Centennial Fire District Claims 3. EDC Committee Recommendation (Fete des Lacs Booth) 4. Satisfactory Performance Evaluation of Building Inspector 5. Satisfactory Performance Evaluation of Account Clerk IT Mayor Sweeney requested that Item 5 be removed from the Consent Agenda so that he could abstain from voting on that matter. Motion by Council Member CaDr~ seconded by Council Member Lee to aDDrove Consent Ae:enda Items 1 throue:h 4 as Dresented. All in favor. Motion carried unanimously. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to aDDrove Consent Ae:enda Item 5 as Dresented. Ayes - 4. Navs - O. Abstain -1 (Sweeney). Motion carried. V. AWARDSIPRESENTATIONS/APPEARANCES None. VI. PUBLIC HEARING(S) 1. Ordinance #49 - Noise Motion by Council Member CaDr~ seconded by Council Member Broussard Vickers to continue the Dublic hearine:. All in favor. Motion carried unanimously. Mayor Sweeney continued the public hearing to the next Council meeting. VII. NEW BUSINESS 1. Eagle Pass - Issues/Concerns (Townhome AssociationlResidents) Ms. Moore-Sykes reviewed her .\e~e.! report in response to Mr. Halstrom's letter with Council. She then indicated tha~ some issues the City could prompt the developer on but for the most part the developer is making progress on the required work. Page 2 of 24 Ms. Moore-Sykes indicated that residents on Quebec Street had drainage issues and were told that it was a civil matter and not the responsibility of the City but the City had offered the services of the City Engineer at the residents' expense and that offer was declined. Ms. Moore-Sykes indicated that Gorham and Swift are aware of drainage issues and are working on them. Ms. Moore-Sykes indicated that she was told by public works that the pond will be dredged to obtain the appropriate depth when the work is completed. Ms. Moore-Sykes indicated the City would only be accepting two streets within the development and said that the City could utilize the letter of credit or escrow, if necessary, to complete the sodding on Voyageur Court. With regard to the sodding on Portage Way Halstrom suggests that weather related excuses shoul~ not be allowed and the document does not specifically allow for them but it does not say that weather related delays will not be accepted. Ms. Moore-Sykes explained that occupancy permits are issued when substantial completion on the structure has been obtained and what that means is that the building inspector verifies that the structure is completed to a point where it is safe and secure and ready for occupancy. Upon this inspection by the City an occupancy permit is issued and it is not necessary to have the sod installed provided that the $1,500.00 escrow per lot has been paid. The homeowner would then have six months to install the sod as required by City Code. This allows for winter closings. Ms. Moore-Sykes indicated that with regard to the sodding on Eagle Trail the City Engineer and Public Works are working with the developer on those requirements. Ms. Moore-Sykes indicated that the residents have asked that the City do snow plowing on Voyageur Court but nothing has been received in writing. She then said that Voyageur Court is a private street so the Townhome Association would remain responsible for snow plowing. Mayor Sweeney indicated that Council would take comments but asked that residents give names and addresses for the minutes and keep the-comments respectful as possible. Mr. Jim Halstrom of 6960 Dupre Road asked how many residents of single townhomes were in attendance and how many residents of the single family homes on Eagle Trail were in attendance. Residents from those neighborhoods raised their hands. He then asked how many Council Members had visited the site. All of the Council Members indicated they had visited the site. Page 3 of24 Mr. HaIstrom indicated that all of the issues arising from things that were not done or done improperly by the developer and/or the builder have caused animosity between the townhome residents and the single family houses. He then said that Mr. Gulner had no standing water in his backyard until the townhomes were built and now there is a significant amount of water there. Mr. HaIstrom indicated that the residents are concerned with common interest development within the City. Mr. HaIstrom indicated he had just received the response from Staff and said the board would need to review it. He then said it feels like a white wash on the first phase given .1'be history of concerns and issues. Mr. HaIstrom indicated that bottom line, he does not feel the City Engineer is doing his job or maybe it is public works that is not doing its job because the City Engineer should be out at the site inspecting as the work is done. He then said that all they are asking for on the second phase is that the City Engineer look at the plans and compare it to the grading and tell the residents whether or not it will be okay or if there will be drainage problems. Mr. HaIstrom thanked Staff for the response but said that silt fencing and sweeping streets is a basic thing to him and he does not understand why it so hard to get the developer to do it. He then said that you cannot even see the storm sewers any more because of the sedimentation flowing from Portage Way. He further commented that he is comfortable that the dredging will be done and said that the surety bond with Rice Creek assures that it will be done. Mr. HaIstrom indicated there is someone who can attest to the sediment in the pond. He then said that silt fencing never went up on two of the sites and it is still not up along Portage Way or Ojibway. He further commented that residents will take some responsibility to notify the City of issues but all it takes is a call from the City and the street sweeping and silt fencing is to be taken care of within 24 hours and that has not been done. Mr. HaIstrom indicated the main section on Dupre has not been swept. He then commented that this is sloppy development procedures and he feels it is the role of the City to be on top of the matter once notice is given. Mr. HaIstrom indicated he would need to discuss the 1854 and 1855 Pioneer Lane matter with the board. He then said that the survey determined the grade to be at 1 % but Mr. Gulner indicated he had done a survey and it sent it to the City and the City indicates the survey cannot be found. Mr. Halstrom indicated he would like to see a copy of the survey because they feel it was not the single family homes that amended the area and caused this problem and you can see clearly how the grade was built up and did not create consistent drainage flow to the Page 4 of 24 pond. He then commented that one option is for the Association to have a contractor put in drain tile but the expert consulted does not think it can be accomplished. 11 Mr. Halstrom indicated that he takes exception to the snow plowing of Voyageur Court because previous members addressed this issue with the City asking that the City plow it. He then said that the City ha,s agreed to do Ojibway and Portage Way. He further commented that he is pleased with the positive response on Voyageur Court with regard to the sodding and other areas especially where Eagle Trail and Brian Drive are. Mr. Halstrom indicated he received an email from the management company indicating there is an area across the street that needs to be finished by them. He then said that a () ~ ~ ~common interest development community should be scrutinized and the City should be \1'I"'_~rY 1m top of what is going on to protect resident interests. 7 Mr. Halstrom thanked Staff for the comments but said, on its face, he has issues with the response and will go to the board to discuss it. _ jJo re~pc.'?X.,~ zaer ~ ~ ~/i2.. Council Member Capra explained that just because Mr. Halstrom had not heard from individual Council Members does not mean that they are not paying attention to the issue or reading the information received on it. She then said she had gone through all the information but Council must make decisions as a body not as one member. Council Member Capra indicated that she was out to the site in January with Staff and the City's Engineer to discuss the drainage issue. There may have been no response to residents but Staff and Council was looking into the matter as requested. Mr. Halstrom apologized for lumping all Council together as nonresponsive and said that Council Member Capra has been very responsive. He then said his point is that if he takes the time to write letters and emails he feels receipt should be acknowledged by Staff. Mr. Halstrom indicated that they started with Mr. Palzer but went to other Staff and Council because he was non-responsive. He then said he thinks it is rude and bad government not to acknowledge a communication from a resident and homeowner never mind the president of 130 voting members of the community. Couneil Member Paar asked why nothing is-getting done and what the City could do to force them to finish the required work because residents have been waiting a long time and it is time to finish the work. He then said he met with Mr. Gulner and it is not his cinder blocks it is a drainage problem caused by Swift and they are doing nothing about it. Mr. Halstrom indicated that Swift does nothing for the Association until they get a letter from an Association lawyer. Page 5 of24 Mayor Sweeney asked how much construction is going on there. Ms. Moore-Sykes indicated she was not sure how much work is left. Mayor Sweeney asked whether it was possible to issue a stop work order until the existing issues are resolved to the satisfaction of the residents and the City. Council Member Broussard Vickers indicated there are some' issues that need to be addressed but the City cannot just say stop constructing. City Attorney Hoeft indicated that there is some disagreement on what is being done and what is not being done to the City's satisfaction. He then said that City Staff is working with the developer on those matters but not to the satisfaction of some of the residents but Staff is satisfied with the progress. City Attorney Hoeft indicated that issues with the developer's agreement on the first project does not give the City the right to hold up building permits on the second project. He then said that the City would need to determine what has not been done to the satisfaction of the developer's agreement and notifY the developer and ifhe does not tak~ care of it the City can call on the letter of credit to complete the work. DO, ~ ~ Mr. Halstrom indicated that all the new units are occupied and awaiting t)1e im~n, sod and final grading and Ojibway is almost all occupied in the second addition. .:V()i'\ (/)JO- I ! Council Member Broussard Vickers said she thinks the drainage issues are a challenge here as they are in a lot of places in the' City due to the long standing 1 % rule. She then said that Council'has been discussing changing that 1% rule but was told by the City's Engineer that it would be difficult to do that in this City due to the high water table and the topography of the area. She further commented that the drainage issues are a long term problem that cannot be resolved tonight but the silt fencing and the sweeping of streets the City can take care of by placing the developer on notice. She also indicated that the responses and how quickly they are provided to residents from Staff is something that the Council would need to discuss with Staff. Council Member Broussard Vickers asked at what point the City can step in and do work that the developer was to have done. City Attorney Hoeft indicated that whenever the City feels something needs to be done notice can be provided to the developer and, if the situation is not rectified, then the letter of credit or escrow can be drawn upon to complete the work. Council Member Lee asked if the agreement says July 1, 2003 should it be done by then. City Attorney Hoeft indicated that he would want to have a good discussion with Council, the City Engineer and Public Works to determine where things are and whether it is possible to have someone step in and do the work or whether it would be better to allow a little bit of time for the person that is already there to complete the work. Mr. Halstrom indicated that he would encourage and ask that the City Engineer go out and look at the second addition Portage Way and compare the plans with what has Page 6 of24 evalved befare the sad is installed to. preclude future prablems. Mr. Petersan indicated that the City's field engineer has been there but as far as the City is cancerned the City has signed aff an the final grading and it is the hameawners respansibility to. make sure the grade is carrect when the hame is purchased. He then said that they cauld check if there are areas that do. nat appear to. be draining praperly but usually they just check baulevards. Council Member Capra indicated that Cauncil had discussed the patential far a pre-sad inspectian. Cauncil Member Lee cammented that this is nat the anly hame that has an issue with this and there are a lat af grading and drainage issues in the City but at same paint the City is no. lo.nger able to. carrect what the develo.per do.es. Ms. Marilyn Newman o.f 7035 Dupre Raad indicated that she mo.ved in to. her new ho.me in Octo.ber o.f 2002 and is tired o.f driving thro.ugh mud and having to. clean her vehicle and her garage. She then asked that Co.uncil be proactive rather than reactive an this because she fo.resees drainage issues as her neighbo.r's hame is higher than hers. She further co.mmented that the develo.pe~ will no.t do. anything unless the City tells them to.o. but the City says it is the respansibility o.f the develo.per and she wants to. kno.w haw she is suppo.sed to. salve these problems. Mr. Peterso.n indicated that the issue is between the ho.meawner and the co.ntractar as it is private pro.perty. City Attarney Ho.eft indicated that o.nce the final grading plan is accepted then the City is aut o.fthe grading issue. Mr. Cliff Kath o.f 7001 Eagle Trail indicated that he has a drainage problem and same people were' aut and walked it and said so.mething needs to. be do.ne. He then said that when he mo.ved in there was a ditch there and Swift to.ld him to. put up a wall. He further indicated that there is a manhale there and he has grading pro.blems that he canno.t get the develo.per to. reso.lve and this has been a two.-year process. Ms. Ann St. Geo.rge o.f 1861 Pianeer Lane indicated that when the tawnhame next to. them was built she called the City because the fo.undatio.n was higher than hers and the City said it was fine three years ago.. She then said that she do.es nat feel that this sho.uld be her financial respo.nsibility to. take the develo.per an in Co.urt when the City approved the fo.undatioo-and naw she has drainage iSSlWS-.~-She further commented-that she feels the City has same respo.nsibility to. help them with the prablem and she is feeling ignared. Cauncil Member Lee asked if it wauld be passible to. do. a pracedural change and instead af daing the final grade befare the structure gaes in have that be a preliminary grade inspectian and have the grade checked when the structure is built to. salve drainage issues far future develapments. Mr. Petersan indicated that wauld require a full time persan there in a develapment af this size to. verify that all hauses that go. up aver a five to. six year perio.d do. nat have the grade changed during co.nstructian. Page 7 af24 Council Member Paar indicated that he had this issue where he lives and his builder put drain tile through his back yard to drain the water and that has helped. He then said that he would like a pre-sod inspection for future developments to solve these types of problems. Council Member Paar asked if the City could do something before the sod goes in because if not there is going to be another problem. City Attorney Hoeft asked what it was the City wished to accomplish with the pre-sod inspection because the City has no obligation to do anything and residents can sue the City and he will respond, if necessary. He then said that the City has a final approved grading plan and the pre-sod inspection does nothing. Mr. Halstrom suggested not issuing the occupancy permit if the grading is incorrect. City Attorney Hoeft indicated that Council would need to decide whether to interject the City farther into the process than it already is and noted that there would be substantial cost for the City to do so and it would be a significant departure from standard operating procedure not just for this City but for virtually all other cities. Council Member Paar indicated that he does not think that the City is at fault but he wants to see if anything can be done to stop these ongoing issues for the City each time a development comes in. Council Member Broussard Vickers asked if he wanted the City Engineer to fix the drainage problem. Council Member Paar indicated that he does not think that the City can be responsible for fixing the yards that are already sodded but there is a pond and water is not getting there because the grade is too steep so a drain tube would help. Council Member Broussard Vickers asked what the City is going to do and what the City's liability is and what the City pays to fix. Council Member Paar indicated he would like the developer to fix the ones that do not yet have sod to make sure the grade is correct. City Attorney Hoeft indicated that is a homeowner responsibility and the City does not enforce that. Ms. Janis Hackman of 7034 Dupre Road indicated she has been watching all week what they have been doing and nothing more than a little grading with hand shovels has been done. She then said that she has asked them to clean up the mud by the mailboxes and that has not been done. She further commented that her neighbor has told her that everything that Swift has done and continues to do goes against every rule in the book and she does not think it is fair to the City or future homeowners that the City says it Page 8 of 24 cannot help and the matter is between the construction company and the homeowner. She also indicated that there is to be four inches of topsoil and that has definitely not been followed. Mr. Bob Hosfield of 6983 Portage Way indicated he was the last person to move into the new development and he has some questions for the Council. He then asked if it was possible to have the streets swept at a time other than 2:00 am. because it is very loud and disrupts his sleep. He then said his other questions are is the streets are public property and if Swift is causing drainage that destroys public property if that would be the City's responsibility. He further commented that ifboth answers are yes then the City has only have one way to go and that is to force the contractor to repair those drainage conditions because they do affect the City street and that is costing money. Mr. Steven St. George of 1861 Pioneer Lane indicated that they have been told time and time again that this is a civil matter between the developer and the homeowner but he feels the City should do something to assist the homeowners with this problem. He then suggested that the City consider banning Swift from any future development within the City. City Attorney Hoeft indicated that ban may not be the correct word but said that the City can certainly take prior issues with a builder or developer into consideration when and if that same developer is before the City for approval on future development. Council Member Paar asked if there was enough reserve money to get the issues resolved such as sweeping and cleaning up and getting the silt fencing installed. Ms. Moore-Sykes indicated that those costs are the developers and he is required to perform under the developer's agreement and sweep the streets within 24 hours of notification. Council Member Broussard Vickers asked how many times Swift has been notified to sweep and how many times they have done so. Ms. Moore-Sykes indicated that she has called them four or five times but is not sure what is done if public works is contacted rather than her. Council Member Capra indicated that the streets are. swept but not within the time frame in the developer's agreement. _ She then asked if Mr. Gulner had copies of the surveys submitted to the City because that was never on an agenda. Mr. Gulner indicated that he has them on disk and is looking for them but said that maybe 60 of the 500 feet was close to 1 % the other half is negative grade and then it moves drastically to a 3% grade. Council Member Capra commented that Council agreed to pay to have the survey done with regard to where the drainage easement was for that property and what she would Page 9 of24 like to do is have the area resurveyed to see if there would be any recourse with the developer. City Attorney Hoeft indicated that the City could do work within the easement but he is not sure that it would be possible to collect from anyone so the City takes the risk of expending funds and not recovering them. Council Member Broussard Vickers indicated that the recourse the City has is if the property is violating the Ordinance by placing water onto another's property. But, that would mean it is an issue for the property owner to resolve and then attempt to go back after the developer. Council Member Broussard Vickers indicated that the only way she could think of to help residents with the drainage problems as it stands is to issue an ordinance violation to anyone that is causing water to drain onto another's property and that would require that the homeowner pay to resolve the matter and provide a basis to go after the developer in Court. Mr. Halstrom indicated that with the development ongoing the developer is still involved. Council Member Broussard Vickers indicated that the agreement says grades are to be at 1 % but that is inspected by the City prior to the home being built. She then said that individual builders have gone in and disturbed the grade and created a situation where there is an ordinance violation for causing water to drain onto someone else's property. Council Member Broussard Vickers indicated that there is not a way to do this with the limited abilities and finances of the City. Mr. Greg Nohner of 1855 Pioneer Lane asked whether the builder has to build the home to City Code when the permit is issued. Council Member Broussard Vickers indicated that the home must be constructed to meet the Building Code Requirements. Mr. Nohner said he would think that the City could go to Swift and tell them that they are in violation of the ordinance and force them to fix the problem. Council Member Broussard Vickers explained that Swift does not own the pieces of property the homeowners do so any ordinance violation would be the responsibility of the property owner. Mr. Nohner coIDJilented that it seems that the City wants to wash its hands of this problem and it seems inappropriate that the City has no responsibility because the City has signed off on the building.permit and inspections. He then asked what residents are supposed to say when Swift says that they will do something if the City tells them to. City Attorney Hoeft indicated that he could not give individual homeowners legal advice as to how to proceed and suggested that residents hire an attorney to provide them with Page 10 of24 advice on their legal options. He then indicated that the certificate of occupancy has nothing to do with the grade of the property. Council Member Capra asked whether it was possible for Staff to go out and check the grade on the newly constructed homes before the sod is installed. Council Member Paar asked if the City could use the money it has to get the silt fencing and the street swept and use whatever is left to force the developer to fix the grading where Mr. Gulner is to help the water flow down to that pond. City Attorney Hoeft indicated that he does not know how much money there is in escrow but said the City could use it to complete work outlined in the developer's agreement. He then cautioned that it may make more sense to lean on the developer to bring those items into compliance with the agreement and save the escrow funds for other larger items should the need arise. He then said that the City could not use the escrow funds to solve the drainage issues. Council Member Capra asked if it is possible to have Mr. Halstrom, Mr. Quigley and a representative from Swift meet with City Staff to discuss the issues in an attempt to resolve them. Mr. Halstrom indicated that the Association is willing to discuss the matter with anyone who will listen but cautioned they have not yet received any attention from Swift except when a lawyer is used. Council Member Capra indicated that she believes there are issues that Council should discuss with Staff on the developer's agreement. She then indicated that the City does not plow private roads and it would be the responsibility of the Association to have that road plowed. City Attorney Hoeft indicated that the issues with the developer's agreement would be handled by Staff and then said that the drainage issues are more complex and Council would need to determine how much time and money they would like to spend on solving the matter for the residents. He then said that it would be his recommendation that the City stay out of the civil drainage issues and tell the homeowners it is a private matter between them and their builder but that is only a recommendation and Council could choose to do otherwise. City Attorney Hoeft commented that no one wants to pay an attorney to deal with anybody until they have a problem and it would have been a lot less expensive for some of the residents to pay someone who does know what the process is before they signed a purchase agreement to get into this situation and now they are looking for some way to resolve it. He then said that there are issues but the problem is the City in this situation is not in a position to address the elevation issues. The City can address the current construction issues with the developer's agreement but the elevation issues the City cannot resolve. Page 11 of24 Mr. Halstrom indicated that he thinks the water may come out of Portage Way onto Dupre and onto the street and into the ponds due to what happened when the homes were built. City Attorney Hoeft indicated that one of the remedies in this is to find every homeowner criminally liable and issue citations for violating the. ordinance. But then there is the issue of who is responsible for putting what dirt where and just because the dirt was moved does not mean the grade was changed leading to a serious proof issue. The problem could have been caused by the developer, the builder or the homeowner as a lot of people do their own landscaping. Mr. Nohner indicated that they know who built all the houses there and that is Swift and said that there should be a clear cut case of who built the building and did the landscaping and those are the one that are responsible. City Attorney Hoeft indicated that it is not as simple as it sounds because the homeowners would need to prove that Swift did the work and no other work has been done to affect the grading. Council Member Capra indicated that Portage Way has not been final graded for sod and she thinks that if the City had Staff or the building official speak to them they could check the drainage and grade. Council Member Broussard Vickers asked if the City has the right or responsibility to ask them to fix the grade because it has changed since it was done. City Attorney Hoeft indicated the City could communicate that to them. Mayor Sweeney commented that everyone agrees that silt fencing, the sodding, and the sweeping need to be taken care of and, if the developer upon notice does not do so, the City can use the escrow to perform the work. Mr. Bob Hosfield asked what the ordinance says with regard to filling in a drainage easement because the drainage easement behind him has been filled in and the builder would be in violation of the ordinance for that. Mr. Peterson indicated that area is a drainage easement. Mr. Hosfield asked whether the builder has liability for the developer filling in the drainage easement. City Attorney Hoeft indicated the City would need to determine who owns the property and determine whether there is a violation of the ordinance. Page 12 of24 Council directed Staff to look into the complaint to determine whether the drainage easement has been impeded and, if so, issue an ordinance violation to the owner of the property. Council Member Capra asked that the research requested of Staff be completed within the three weeks before the next Council meeting. Mr. Peterson indicated he has been in contact with Swift and Gorham on that issue as it is not flowing and they are trying to get them to resolve the problem. Council asked that the City Attorney determine who owns the property and provide a copy of the letter sent to Mr. Halstrom. Mr. Nohner indicated that he and his neighbors were cautioned to stay out of the drainage easement when they were before Council last summer. City Attorney Hoeft indicated that doing any work within the easement may open up residents to a problem if they cause water to flow onto someone else's property in violation of the ordinance. Mr. Nohner indicated that he and Mr. Gulner have been at odds due to this drainage issue and, as such, a complaint was filed on his privacy fence. He then said that he has discussed it with various people and he needs a clarification as to the City's ordinance and whether he needs to apply for a variance. He also indicated that Swift put his privacy fence up and the overall height is 74 inches with a maximum of 88 inches to account for the slope of the ground and keep the fence level. Council Member Broussard Vickers indicated that normally Staff would make a determination on this type of issue. Ms. Moore-Sykes indicated that she was asked to provide Council with a copy. Council Member Broussard Vickers indicated that she relies on Staff to review the issues and provide a recommendation to Council before Council makes a decision. Mr. Nohner indicated that Mr. Gulner went out and cleaned weeds and stuff from the drainage easement as well as the timbers that were in it and he thanked him for his efforts. Council Member Capra indicated that Mr. Nohner's wife has MS and the purpose for the fence design was to allow her some privacy on the patio. Ms. Moore-Sykes indicated that this would require a variance based on the ordinance. Mr. Jim Hawkins of 1854 Pioneer Lane indicated that it seems that there are quite a number of people that have issues with Swift so his comment is where does the business Page 13 of24 license come and if they cannot follow through on their promises they should be reported to the licensing entity. Council indicated the Department of Commerce could be contacted. Council Member Broussard Vickers asked if the Association has sent a letter to the Department of Commerce about the license holder. Mr. Halstrom indicated that is another option the board will consider. Mr. Hawkins asked whether the City of Centerville could file a complaint with the Department of Commerce against Swift. 2. Mr. Robb Gulner - 7031 Eagle Trail (Drainage Utility Easement) Handled as part of the previous item. Mr. Gulner left during the above discussion. 3. Hunter's Crossing 2nd Addition - Feasibility Study Resolution #03-042 Council Member Capra asked if there is over sizing on this project and Mr. Peterson indicated that there is. Mr. Peterson indicated that he has counted Outlot B as a possible assessment and 6882 was never assessed for sewer or water and Mr. Wilharber has an agreement with the developer to bring him services. Motion bv Council Member Lee. seconded bv Council Member Paar to approve Resolution #03-042 as presented. All in favor. Motion carried unanimouslv. 4. Peltier Preserve Final Plat/Developer's Agreement Council Member Broussard Vickers indicated there is a portion about charging the developer any and all fees associated with development and under that section there is wording concerning interest costs. She then asked if that would allow the City to collect on a prepayment situation on the bond. City Attorney Hoeft indicated that he had not drafted the document with that in mind because this agreement was drafted before that item was discussed. He then said that language would have to be developed to build that into this developer's agreement. He then explained that as in the case of the right to object to assessments the fact that the City is taking away the right to prepay would need to be specifically outlined in the document along with the prepayment penalty. City Attorney Hoeft recommended that the City contact Mr. Eilertson to obtain a calculation chart listing lost interest month by month to assist him with determining what a prepayment penalty would be. Page 14 of24 Council Member Broussard Vickers indicated that she has no problem with the preliminary plat approval pending approval of the developer's agreement and at the next meeting she would like to have the information to make the decision on prepayment. City Attorney Hoeft indicated that the City is looking at final plat approval subject to the approval of the developer's agreement and Staff is to contact Eilertson concerning a graph or chart with the interest information to be used as an exhibit to the agreement. He also asked that the information be provided to the developer as soon as possible for discussion. Mayor Sweeney asked whether all the required fees have been paid. Ms. Moore-Sykes indicated that all fees have been paid at this point. Council Member Capra indicated that on Page 8 under park dedication fees it says $3,000 per lot times 20 lots but in another location it is $3,000 per lot times 19 lots. City Attorney Hoeft indicated that the park dedication fees would be charged on the 19 newly created lots not the existing home. Mr. Gonyea asked whether they are subject to the increased park dedication fee because those fees were raised during this approval process. City Attorney Hoeft indicated that the current fee would be used because the agreement was not approved prior to the increase in fees. Council Member Capra asked about the park property. Mr. Gonyea indicated that it is within the drainage and utility easement located on the back part of Lot 1 and the City would have control over that. Council Member Capra indicated that the idea was that the neighborhood kids fish there and the idea was to give the property to the City for unimproved parkland so that the kids could fish there without having to ask permission. Mayor Sweeney indicated he did no~ troperty as a park. Mr. Richard Thompson of 1657 Peltier Lake Drive indicated that at one point there was discussion of digging a sedimentation pond in judicial ditch 3. - Council Member Capra indicated the City had looked at having this arl'De a natural area with a bench but no play equipment, just a City access so that the kids in the neighborhood could go fishing there. Mayor Sweeney indicated this Council did discuss this early on and decided it did not desire the property for a park. Page 15 of24 City Attorney Hoeft indicated that he and Ms. Moore-Sykes met with the St. Paul Waterworks representatives and there is a proposal under consideration to sell the property back to adjoining property owners along the lake so there is potential that the City may be asked if it wants to purchase that property along the lake if the City owns this piece of park land. Council Member Paar asked what happens when houses go up and someone's child drowns on the park property. City Attorney Hoeft indicated the City could be liable but there are a lot of variables. He then recommended that the City discuss the matter with its insurance representative to see if they have any concerns. Council Member Broussard Vickers indicated that even if St. Paul Waterworks sells the property back she is not sure that the City has money to look at buying the property. Council Member Capra indicated those that live behind it may be interested in purchasing it and it is just a small section that the kids fish on. Mr. Gonyea indicated he had no issue either with deeding the property to the City as an outlot or providing an easement. Council Member Capra indicated that the residents wanted park property and this was a way of giving them an area where the kids can go and fish. Council Member Lee indicated he would like to have the property deeded to the City. Council Member Broussard Vickers asked how many were in favor of the park property being owned by the City. Council Member Broussard Vickers asked who owns this land and if the owner is required to let anybody come on the park easement portion. City Attorney Hoeft suggested calling it a park and drainage easement because that way the City could use it for park purposes. Council Member Broussard Vickers asked what liability the landowner would have. City Attorney Hoeft indicated the City would incur the liability not the landowner. Mr. Gonyea indicated that the City would be responsible for maintaining the property so the City may as well own it. Council Member Broussard Vickers indicated that she does not want to own it and she does not want to have a park easement on it. Page 16 of24 City Attorney Hoeft suggested a motion that final plat approval be subject to the developer's agreement and deeding to the City of Outlot B if that is Council desire. Council Member Paar indicated that he does not want the park piece. Mayor Sweeney indicated that he did not remember being in favor of it before and remembers discussing this when they were newly elected. Council Member Capra indicated that she believes the park property was done as a concession because the neighbors wanted the 10% for parkland. Council Member Paar indicated that his concern is that with the people in Lots 1, 2, or 3 having liability because people are fishing on their property and whether they would want that. He then said it was a nice gesture and he is not trying to vote against parks or fishing but he feels, as a property owner, there would be issues with that. Mayor Sweeney indicated that he would not want to buy a lot with a situation like that having to see people fishing on your property. He then said that he does not want the City to own the property but someone else. Council Member Capra indicated the whole point of the proposal was to avoid having to make the kids ask for permission to fish. She then said that this parkland piece was promised to residents and she believes Council is going back on what was previously decided. City Attorney Hoeft indicated that the City is not obligated in any fashion on this based on prior discussions. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to approve the final plat for Peltier Preserve subiect to the approval of the developer's a2l"eement. Mr. Peterson commented that the easement along the south side of Lot 1 was moved. Mr. Gonyea indicated that the easement was moved to move the sewer and save as many trees as possible. Council Member C~rT~ itldicated that she felt that-&mncil was letting residents\lown with regard to the park. VOTE: Aves - 3. Navs - 2 (Lee/Capra). Motion carried. Council recessed at 9:28 p.m. Council reconvened at 9:35 p.m. Page 17 of24 5. Fete des Lacs Parade Temporary Road Closures Motion by Council Member Lee.. seconded by Council Member Broussard Vickers to approve the reauest from the Lions for temporary road closures and direct the police department to enforce the no parkinS!: sims on the parade route. All in favor. Motion carried unanimously. Council asked Staff to notify the Chief and send a copy of the Minutes. 6. St. Genevieve Picnic Request Motion by Council Member Capra., seconded bv Council Member Lee to approve the use of the Park and Ride Lot for St. Genevieve's Picnic on Aue:ust 17. 2003 from 8:00 a.m. to 6:00 P.m. All in favor. Motion carried unanimously. Council Member Broussard Vickers asked if the City is obligated to provide the lot to others if requested. City Attorney Hoeft indicated he would not worry about that at this point. vm. OLD BUSINESS 1. Center Villa Sidewalk Complaint Ms. Moore-Sykes indicated that the Center Villa developer went bankrupt and the contractor is not around and there are issues that need to be resolved with regard to the sidewalk. Mr. Peterson estimated that the cost to fix the sidewalk would be approximately $5,000. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to direct Staff to complete the sidewalk work and related matters in Center Villa. All in favor. Motion carried unanimously. Council Member Broussard Vickers asked why this required Council action and was not handled by Staff. City Attorney Hoeft indicated that the City is already in litigation with this individual and Staff wanted authorization before expending any further funds. IX. ANNOUNCEMENTSIUPDATES 1. Pavement Management Plan Motion by Council Member Broussard Vickers. seconded by Council Member Paar to table the pavement manaeement plan. All in favor. Motion carried unanimously. Page 18 of24 2. Ordinance #4 (Swimming Pool Fencing & TentlTemporary Structures) Mayor Sweeney indicated that there is a resident that has one of the inexpensive inflatable pools that is in violation of the Ordinance due to the depth. He then said that there are several residents that have these pools. Council Member Broussard Vickers indicated that Planning and Zoning would need to review the ordinance for possible changes but, in the mean time, the residents would need to comply with the ordinance. Council Member Capra asked that the Planning and Zoning Commission also keep in mind that there are a number of residents that have hot tubs on their decks that are more than 24 inches deep. 3. Slaughter House/Ordinance #75 U{)date Ms. Moore-Sykes indicated that Staff continues to work on Ordinance #4 as well as the Slaughter House ordinance and would be brining them to Council in the near future. Council Member Broussard Vickers indicated she would like some sort of ordinance for review by the end of the year to start the public hearing process. Ms. Moore-Sykes indicated that one was included in the packet that seems to be fairly concise. 4. Mr. Wayne LeBlanc Complaint Ms. Dentz indicated they had come to the meeting to respond to Mr. LeBlanc's complaint and noted that he was not in attendance. Ms. Dentz of 1667 Peltier Lake Drive indicated that she has been having trouble with Mr. LeBlanc for the last few years since they had a difference of opinion on the no wake issue. She then said that a survey was done and it was determined that the Hosta garden she built on her property is one inch over onto his and he has demanded that she remove the plants. She further indicated that Mr. LeBlanc put logs down on the property line and his behavior seems to be very vindictive. Ms. Dentz indicated that she has removed the last three Hostas and this is a non-issue. She further indicated that he had complained that there was a brick that wasotre inch over on his property so she moved that over. Ms. Dentz indicated that there was a complaint about some tires and construction materials but that has been moved and the CSO wrote a letter indicating there were no other ordinance violations but apparently another complaint has been filed so they had two officers out and they found no ordinance violations but they moved some lumber and Mr. Cook told them that there were no issues with the ordinance. She then said that if there is still something that is in violation of the ordinance the City should let them know so that they can n;1ake the correction. Page 19 of24 Ms. Moore-Sykes indicated that Mr. LeBlanc would like the no dumping sign moved from in front of his property. Mr. Richard Thompson indicated the property was surveyed and things shifted around and fences had to be fixed as lines are in slightly different locations. Council Member Lee asked if it would be an issue if the no dumping signs came down. Mr. Thompson indicated that about two years ago the DNR instructed him to stop mowing the grass and said someone was filling the wetland so the no dumping signs were installed. Council Member Broussard Vickers asked if there were any ordinance violations right now. Ms. Moore-Sykes indicated that Mr. LeBlanc filed a complaint regarding outside storage of trailers on July 15, 2003. Ms. Dentz indicated that even before the lumber was moved both officers indicated that there was no problem with any ordinance vIolations. Council Member Broussard Vickers asked whether the issue with mowing on the other side has been addressed. Ms. Dentz indicated that they have been mowing across the street for 12 years and prior to that the City did it. She then said that Ordinance 54 governs noxious weeds and someone needs to maintain the property and the City has let the residents do it to save the City Staff time. Council Member Broussard Vickers asked who owns the land. Mr. Richard Thompson indicated the street is a 50-foot easement so the easement area is approximately 10 to 12 feet on that side of the street. He then indicated that the City of Centerville had been cutting the area but residents took over that responsibility but he stopped when the DNR official told him to stop. Council Member Broussard Vickers asked why Ms. Dentz has not stopped mowing it as requested by the DNR. Ms. Dentz indicated that she is mowing weeds not aquatic plants and it makes the area more enjoyable for everyone with it mowed. Council Member Broussard Vickers asked if Ms. Dentz would stop if the DNR or the landowner tells you to. Ms. Dentz indicated that someone has to maintain that a little bit to control the weeds. Page 20 of 24 Mr. Richard Thompson indicated he had called the DNR and was told that the City should have an ordinance and so he asked Staff and the ordinance for wetlands indicates there should be a 75-foot buffer. City Attorney Hoeft indicated the garden issue is not an issue for the City but a civil matter. The code issue Council does not get into and will let the CSO do the job and if there is a violation they will issue a citation and he will take it to court. He then addressed the issue of mowing by the pond by saying that the. first thing to do would be to find out w;ho owns the property. He further indicated that the City should have a right of way easement for a certain number of feet which would mean that that the fee owner needs to maintain that property in compliance with the ordinance but if someone wants to volunteer to cut it then something could be worked out. City Attorney Hoeft indicated he would like to figure out if there is right of way and then figure out how to maintain it and beyond the right of way if it if protected would govern how it is dealt with. Mr. Thompson asked whether they could cut the right of way without getting in trouble with the DNR. City Attorney Hoeft indicated that the natural buffer does not apply to the right of way. He then said he would not want anyone to cut the area between the right of way and the pond but the City can maintain and assess the property owner if they do not cut that right of way area Council asked Staff to look into who owns and installed the no dumping signs. Council Member Capra asked Staff to forward mediation information to the property owners for future reference 5. Xcel EnergylLift Station Council Member Capra indicated that since the lift station went out in June and caused the flooding there has been another outage. She then indicated that she did some research and there are trees hanging in the power lines on Mill Road and whenever there is a wind that blows it clicks the circuit breaker which makes the lift station go down. Staff has been called out and Xcel has been called but they have said it is a low priority line but she feels with the lift station going out it becomes a health and safety issue. Ms. Steffen indicated that Xcel has said they are coming out next week to cut the branches down. Council Member Capra asked whether Council would like to approve a not to exceed amount for the generator to power the lift stations since Council does not meet for three weeks. Page 21 of24 Council Member Lee indicated he would like to get competitive quotes. Council Member Capra said she trusts Staff and they could get the best price under an approved amount. Council Member Lee indicated he would prefer the best generator for the job even if it costs a little more. 6. Police Commission U-pdate Mayor Sweeney indicated that there was a long and heated discussion concerning how the powers are to be divided under the proposed new police department and it was decided that when it comes to hiring the Chief and approving the budget each City would have an equal say. However, for other decisions it was decided that 50% of the vote would come from Lino Lakes and the other 50% would come from the cities in the Centennial Lakes Department. He then explained that this stemmed from Lino Lakes concern. that they have everything right now and the only benefit they can see from this potential merger is a possible monetary savings. Council Member Broussard Vickers asked why Lino Lakes is at the table negotiating if they feel they are not getting anything. Mayor Sweeney indicated that this proposal is what the group came up with and each Council will be discussing it. Council Member Lee asked how other Councils feel about this proposal. Mayor Sweeney indicated he felt Circle Pines was okay with it but he is not sure that Lexington is. He then said that if Lino Lakes does not approve the proposal then the proposed merger does not happen. Mayor Sweeney indicated that if there is no agreement on the budget then there will be a default increase within a certain time frame. Mayor Sweeney indicated that he felt the Mayor of Lino Lakes was okay with the proposal but the other representative has indicated that he would prefer veto power or additional representation so if Lino Lakes wants to get something done they can do so. Council Member Capra indicated that the group felt that this was the best resolution and that most would be agreeable with it. Council Member Broussard Vickers asked how Staff felt about the proposal. Mayor Sweeney indicated he would like to get Council opinion before the City Administrator's opinion. Page 22 of24 .' Council Member Broussard Vickers indicated that she wanted the opinion of her City Administrator before making a determination. Council Member Lee indicated he felt it would be fair to have the City Administrator's opinion. Ms. Moore-Sykes indicated that the administrators have been at the meetings for a reference point and not to express opinion. She then said that she feels the proposal as outlined by the Mayor is a very fair deal. Council Member Broussard Vickers asked whether this has to be unanimous with the four cities or if one city could opt out. Ms. Moore-Sykes indicated that they would be building exit strategies for down the road while requiring a certain time commitment. Council agreed that the proposal as outlined was fair. Mayor Sweeney indicated that this has been an extremely difficult process because every time he goes out on a fire call the officers are asking questions about what is going on but he does not have the information to share. Council Member Broussard Vickers asked whether there is still a concern over losing officers because they have to go through the hiring process. She then said that she would not vote for any proposal that proposes eliminating everybody. Mayor Sweeney indicated that they have an officer retiring, have lost an officer hired by another department and there are a few others that are looking. He then said that if this agreement is not approved then this department is done and will begin looking at other options for its department. Council Member Broussard Vickers indicated that she would like the steering committee to decide as quickly as possible on the staffing issues. Ms. Moore-Sykes indicated that there is a consensus that if this is approved then the Chief would need to be hired and the steering committee would work with the Chief on the hiring process. Council Member Broussard Vickers indicated that she does not want the new Chief to have the option of letting everyone go as a new Chief coming in does not get that option they have to work with what they have. Page 23 of24 7. Water Tower Mr. Peterson indicated that the soil is not good but there is rock down at 75 feet so pilings are recommended at an additional cost of approximately $50,000. He then said that he feels the Cedar Street site would be comparable if not worse. 8. Sedona Homes Council Member Capra indicated that the building across the street does not meet the ordinance for parking according to Mr. Palzer. Council Member Broussard Vickers asked why Staff did not tell Council that the parking was not met and asked whether Sedona Homes was right that 15 spaces would be required. Council Member Broussard Vickers indicated that Staff would need to find out what the ordinance says about parking for these things and she would like to know why that did not come up at the time. She further commented that when she votes she bases that on the fact that the proposal meets all codes. Council Member Capra indicated that she would like Planning and Zoning to look at the M-l district and the requirement of green space. Council Member Broussard Vickers indicated that M-l commercial use follows the commercial green space requirement and there is no requirement for residential green space. IX. ADJOURNMENT Motion by Council Member Broussard.Vickers. seconded by Council Member Paar to adiourn the July 23. 2003 City Council Meetine: at 10:45 p.m. All in favor. Motion carried unanimously. Transcribed by:o Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 24 of 24 iF Receipts, Disbursements & Payroll July 24 through August 6, 2003 Receipts Disbursements Payroll (7-31-03) $805,846.76 $90,056.77 $11,853.58 I. , _ Note: An update will be handed out on August 13, 2003 for Receipts & Disbursements from August 6 through August 13, 20dJ 1 CITY OF CENTERVILLE 08/06/03 4:03 PI CASH RECEIPTS JULY 24 THRU AUGUST 6, 2003 Tran Batch Amount Date Refer Comments Name Account Descr FUND 101 GENERAL FUND Act Type E $16.13 7/3112003 o REIMBURSE FOR 7-31-03 ..;..E 101-41400-439 Clothing Allowance $10.95 8/412003 o REIMBURSE CITY FOR 8-4-03 E 101-43000-321 Telephone $4.63 8/4/2003 o REIMBURSE OVERAGE ON 8-4-03 E 101-41400-439 Clothing Allowance . $1.95 8/4/2003 o REIMBURSE CITY FOR 8-4-03 E 101-43000-321 Telephone Act $33.66 Act Type G G 101-11500 AccOunts Receivable $0.99 7/25/2003 o UB UR Receipt Group 01 72503-ut $15.40 7/2512003 o UB UR Receipt Group 01 7 -25-03ut G 101-11500 Accounts Receivable $0.50 7/2512003 o 1753 DUPRE RD - C03-053 7-2503 G 101-24503 Elec. Permit Surcharge $0.99 7130/2003 o UB UR Receipt Group 01 07-30-03ut G 101-11500 Accounts Receivable $0.50 7/31/2003 o 7129-20TH AVE - P03-026 7-31-03 G 101-24501 P1mbing Permit. $0.29 7/31/2003 o UBUR Receipt Group 01 80103UT G 101-11500 Accounts Recelvable $0.50 7/31/2003 o VOYAGER 7-31-03 G 101-24501 P1mbing Pennlt $0.50 7/3112003 o 7094 BRIAN DR - C03-054 7-31-03 G 101-24500 Bldg. Pennlt Surcharge $7.00 7/31/2003 o 7197 BRIAN DR - 03-130 7-31-03 G 101-24500 Bldg. Permit Surcharge $10.50 713112003 o 712920TH AVE - 03-128 7-31-03 G 101-24500 Bldg. Permit Surcharge $209.00 7131/2003 o 6973 MALLARD WAY - 7-31-03 G 101-24500 Bldg. Pennit Surcharge $1.50 7/31/2003 o 7048 COTTONWOOD CT - 7-31-03 G 101-24500 Bldg. Permit Surcharge $200.00 713112003 o 6973 MALLARD WAY - 7-31-03 G 101-24504 Site Maln. Escrow $0.50 7/3112003 o OJIBWAY DR- 7-31-03 G 101-24501 Plmbing Permit. $0.30 7/31/2003 o UB UR Receipt Group 01 7-31-03UT G 101-11500 Accounts Receivable $2.00 7/31/2003 o 1670 LAKELAND CIRCLE- 7-31-03 G 101-24500 Bldg. Permit Surcharge $1.00 8/112003 o 7084 DUPRE RD - 03-119 07-16-18-03 G 101-24500 Bldg. Permit Surcharge $0.50 8/412003 o 1810 MAIN DUPLEXES- 8-4-03 G 101-24502 Mach. Permit SUrcharge $0.50 8/512003 o 6878 DEER CT - P03-027 8-5-03 G 101-24501 Plmbing Permit $0.50 8/512003 o 1812 MAIN ST - P03-029 8-5-03 G 101-24501 Plmbing Pennlt $3.00 8/5/2003 o 6875 MALLARD WAY- 8-5-03 G 101-24500 Bldg. Permit Surcharge $98.50 8/512003 o 6879 MALLARD WAY 8-5-03 G 101-24500 Bldg. Permit Surcharge $0.03 815/2003 o UB UR Receipt Group 01 08-0503UT G 101-11500 Accounts Receivable $0.50 8/512003 o 1814 MAIN ST - P03-028 8-5-03 G 101-24501 P1mbing Permit $200.00 8/5/2003 o 6879 MALLARD WAY 8-5-03 G 101-24504 Site Maln. Escrow $0.50 81612003 o 707521 AVE N-C03-057 08-0603 G 101-24503 Elec. Permit Surcharge $0.50 81612003 o 1765 PARTRIDGE LANE - 08-0603 G 101-24502 Mach. Permit Surcharge $0.50 8I6l2OO3 o 6878 MALLARD WAY - 08-0603 G 101-24502 Mach. Permit SUrcharge $0.69 8/612003 o UB UR Receipt Group 01 080603UT G 101-11500 Accounts Receivable $6.50 81612003 o 7112 BRIAN DR 03-135 8-~3 G 101-24500 Bldg. Pennit Surcharge $0.50 8/612003 o 6979 PORTAGE WAY - 8-6-03 G 101-24503 Elec. Pennit Surcharge $0.50 8/612003 o 1748 OJIBWAY - C03-056 8-6-03 G 101-24503 Elec. Penn It Surcharge Act $764.69 Act Type R $50.00 7/2512003 o 1753 DUPRE RD - C03-053 7-2503 R 101-32225 Eleclricallnspaction $4.25 7/2512003 o DOG TAG # 223 -2034 7-2503 R 101-32200 Animal Ucenses $0.36 7/31/2003 o ENVELOPE 7-31-03 R 101-34105 Sale of Maps and $121.80 7/31/2003 o 1670 LAKELAND CIRCLE - 7-31-03 R 101-32210 BuildinglMech. Pennits $25.00 7/31/2003 o 7094 BRIAN DR - C03-054 7-31-03 R 101-32225 Electrical Inspection $691.85 7/3112003 o 7129 20TH AVE - 03-128 7-31-03 R 101-32210 Building/Mach. Pennits $360.00 7/3112003 o 7129-20TH AVE - P03-026 7-31-03 R 101-32180 Plumbing Pennits $3,921.14 7/31/2003 o 6973 MALLARD WAY- 7-31-03 R 101-32210 Building/Mach. Pennlts $25.00 7131/2003 o 6973 MALLARD WAY - 7-31-03 R 101-32300 Site Maintenance Fees $489.72 7/31/2003 o 7197 BRIAN DR - 03-130' 7-31-03 R 101-32210 Building/Mach. Pennlts $172.10 7/31/2003 o 7048 COTTONWOOD CT - 7-31-03 R 101-32210 BUildlng/Mech. Pennits $25.00 7/31/2003 o 7265 MOUND TRL - SAC 7-31-03 R 101-32225 Electrical Inspection $212.51 7/31/2003 o OJIBWAY DR- 7-31-03 R 101-32180 Plumbing Pennits $212.52 713112003 o VOYAGER 7-31-03 R 101~32180 Plumbing Pennlts 2 CITY OF CENTERVILLE CASH RECEIPTS 08/06/03 4:03 PI Page JULY 24 THRU AUGUST 6, 2003 Tran Batch Amount Date Refer Comments Name Account Deser $1.00 811/2003 o 1663 LAKELAND CIRCLE 07-16-18-03 R 101-32210 Bulkllng/Mech. Pennits $666.50 8/1/2003 1 to record wire transfer of 07/31/03PERA R 101-33400 State Grants and AIds -$0.15 811/2003 o CORRECT BATCH CK AMT 7-2203COR R 101-32210 Bulldlng/Mech. Pennits $10.50 8/4/2003 o REMAINING BAL ON 8-4-03 R 101-32225 Electrical Inspection $100.00 8/4/2003 o 1810 MAIN DUPLEXES- 8-4-03 R 101-32210 BUllding/Mech. Pennits $30.00 815/2003 o BURNING PERMIT 8-5-03 R 10.1-32000 Special $60.00 8/5/2003 o 1812 MAIN ST - P03-029 8-5-03 R 101-32180 Plumbing Permits $25.00 8/512003 o 6879 MALLARD WAY 8-5-03 R 101-32300 Site Maintenance Fees $60.00 8/5/2003 o 1814 MAIN ST - P03-028 8-5-03 R 101-32180 Plumbing Pennlts $3,200.39 815/2003 o 6879 MALLARD WAY 8-5-03 R 101-32210 Bulldlng/Mech. Permits $80.85 8/512003 o 6875 MALLARD WA Y- 8-5-03 R 101-32210 Buildlng/Mech. Permits $90.00 8/5/2003 o 6878 DEER CT - P03-027 8-5-03 R 101-32180 Plumbing Permits $25.00 8/612003 o 707521 AVE N -C03-057 08-0603 R 101-32225 Electrical Inspection $75.00 8/612003 o OPC 03-054 - 7094 BRIAN 08-0603 R 101-32225 Electricallnspectlon $100.00 8/612003 o 1765 PARTRIDGE LANE - 08-0603 R 101-32210 Bulldlng/Mech. Permits $100.00 8/612003 o 6878 MALLARD WAY - 08-0603 R 101-32210 Buildlng/Mech. Permits $185.00 8/6/2003 o 1421 MOUND TRAIL 8-6-03 R 101-32215 Zoning Fees $279.30 8/612003 o 7112 BRIAN DR 03-135 8-6-03 R 101-32210 Buikling/Mech. Pennlts $25.00 8/612003 o 6979 PORTAGE WAY- 8-6-03 R 101-32225 Electrical Inspection $25.00 81612003 o 1748 OJIBWAY - C03-056 8-6-03 R 101-32225 EleclrIcallnspectlon Act $11,449.64 FUND $12,247.99 FUND 345 PEL TIER PRESERVE DEBT SERVICE Act Type R $8,468.33 8/1/2003 1 wire transfer frorri Bank of 07/31/03Bond R 345-39310 Proceeds-Gen Obligation Act $8,468.33 FUND $8.468.33 FUND 415 STORM WATER IMP PROJECTS Act Type R $20.00 7/24/2003 o UB Receipt Serv 10 DRAIN 7 -2403ut R 415-32350 Stonn Water Drainage $62.77 7/2512003 o US Receipt Serv 10 DRAIN 7-25-03ut R 415-32350 Storm Water Drainage $163.80 7/25/2003 o UB Receipt Serv 10 DRAIN 72503-ul R 415-32350 Storm Water Drainage $1.16 7/2512003 o US Receipt Serv Pen 10 72503-ut R 415-32350 Stonn Water Drainage $0.53 7/25/2003 o UB Receipt Serv Pen 10 7 -25-03ut R 415-32350 Storm Water DraInage $60.00 7/2812003 o US Receipt Serv 10 DRAIN 072803 R 415-32350 Storm Water Drainage $0.50 7/29/2003 o US Receipt Serv Pen 10 073003-ut R 415-32350 Storm Water Drainage $125.00 7/29/2003 o US RecelptServ 10 DRAIN 0?3003-ut R 415-32350 Storm Water Drainage $131.04 7130/2003 o US Receipt Serv 10 DRAIN 07 -30-03ut R 415-32350 Storm Water Drainage ..$D...6O 7/3012003 o US Receipt Serv Pen 10 07-30-03ut R 415-32350 Storm Water DraInage $200.00 7/31/2003 o 6973 MALLARD WAY - 7-31-03 R 415-34000 Chrgs for Serv. Drain $95.14 7/31/2003 o US Receipt Serv 10 DRAIN 80103UT R 415-32350 Storm Water Drainage $118.15 7/31/2003 o US Receipt Serv 10 DRAIN 7-31-03UT R 415-32350 Storm Water Drainage $0.85 7/3112003 o US Receipt Serv Pen 10 7-31-03UT R 415-32350 Storm Water Drainage $1.09 7/31/2003 o US Receipt Serv Pen 10 80103UT R 415-32350 Stonn Water Drainage $0.80 8/112003 o US Receipt Serv Pen 10 8-1-03ut R 415-32350 Storm Water Drainage $43.00 8/1/2003 o US Receipt Serv 10 DRAIN 8-1-03ut R 415-32350 Storm Water Drainage $0.50 8/412003 o US Receipt Serv Pen 10 08-04-03UT R 415-32350 Storm Water Drainage $0.70 8/412003 o UB Receipt Serv Pen 10 8-4-03ut R 415-32350 Storm Water Drainage $244.73 8/4/2003 o US Receipt Serv 10 DRAIN 08-04-03UT R 415-32350 Stonn Water Drainage $181.33 8/4/2003 o US Receipt Serv 10 DRAIN 8-4-03ut R 415-32350 Storm Water Drainage $200.00 815/2003 o 6879 MALLARD WAY 8-5-03 R 415-34000 Chrgs for Serv. Drain $54.94 8/512003 o US Receipt Serv 10 DRAIN 080503ut R 415-32350 Storm Water Drainage $168.85 8/5/2003 o US Receipt Serv 10 DRAIN 08-0503UT R 415-32350 Storm Water Drainage 3 CITY OF CENTERVILLE CASH RECEIPTS 08/06103 4:03 PI Page JULY 24 THRU AUGUST 6, 2003 Tran Batch Amount Date Refer Comments Name Account Descr $0.27 81512003 o UB Receipt Sarv Pen 10 080503ut R 415-32350 Storm Water Drainage $0.77 815/2003 o US Receipt Sarv Pen 10 08-0503UT R 415-32350 Storm Water Drainage $100.19 816/2003 o UB Receipt Sarv 10 DRAIN 080603UT R 415-32350 Storm Water Drainage $85.42 8/612003 o US Receipt Serv 10 DRAIN 8-603UT R 415-32350 Storm Water Drainage $0.05 81612003 o UB Receipt Sarv Pen 10 8-603UT R 415-32350 Storm Water Drainage $0.26 816/2003 o US Receipt Sarv Pen 10 080603UT R 415-32350 Storm Water Drainage Act $2,062.44 FUND $2,062.44 FUND 445 PELTIER PRESERVE PROJECT Act Type R . $718,280.00 811/2003 1 wire transfer from Bank of 07/31/03Bond R 445-39310 Proceeds-Gen Obligation Act $718,280.00 FUND $718,280.00 FUND 601 WATER FUND Act Type G $20.88 7/2512003 o US Receipt Sure 1 SALES 7-25-03ut G 601-20800 State Sales & Use Tax $39.67 7/29/2003 o UB Receipt Sure 1 SALES 073003-01 G 601-20800 State Sales & Use Tax $4.97 7131/2003 o US Receipt Sure 1 SALES 80103UT G 801-20800 State Sales & Use Tax $1.22 7/31/2003 o US Receipt Sure 1 SALES 7-31-03UT G 601-20800 State Sales & Use Tax $7.18 81412003 o UB Receipt Sure 1 SALES 08-04-03UT G 601-20800 State Sales & Use Tax $1.22 8/5/2003 o UB Receipt Sure 1 SALES 08-0503UT G 601-20800 State Sales & Use Tax Act $75.14 Act Type R $10.42 7124/2003 o US Receipt Sarv 30 WATER 7-2403ut R 601-34400 Safe Drinking Water Fee $59.50 7/24/2003 o US Receipt Serv 1 WATER 7-240301 R 601-37100 Water Sales $83.47 7125/2003 o UB Receipt Serv 30 WATER 72503-ut R 601-34400 Safe DrInking Water Fee $745.42 7/2512003 o US Receipt Serv 1 WATER 7-25-03ut R 601-37100 Water Sales $2.86 7/25/2003 o UB Receipt Serv Pen 1 7-25-03ul R 601-37100 Water Sales $974.59 712512003 o US Receipt Sarv 1 WATER 72503-0t R 601-37100 Water Sales $41.68 7/25/2003 o UB Receipt Sarv 30 WATER 7-25-03ut R 601-34400 Safe Drinking Water Fee $18.43 712512003 o US Receipt Sarv Pen 1 72503-0t R 601-37100 Water Sales $0.01 7/2512003 o US Receipt Sarv Pen 30 72503-01 R 601-34400 Safe DrInking Water Fee $447.10 712812003 o UB Receipt Sarv 1 WATER 072803 R 601-37100 Water Sales $41.68 7/2812003 o US Receipt Serv 30 WATER 072803 R 601-34400 Safe Drinking yvater Fee $836.40 712912003 o UB Receipt Serv 1 WATER 073003-01 R 601-37100 Water Sales $88.57 7129/2003 o US Receipt Sarv 30 WATER 013OO3-ut R 601-34400 Safe Drinking Water Fee $610.30 7/29/2003 o US Receipt Sarv 15 WATER 073oo3-0t R 601-37100 Water Sales $73.11 7130/2003 o US Receipt Serv 30 WATER 07-30-03ut R 601-34400 Safe Drinking Water Fee $865.80 7/30/2003 o US Receipt Serv 1 WATER 07 -30-03ut R 601-37100 Water Sales $0.49 7130/2003 o UB Receipt Sarv Pen 1 07 -30-03ut R 601-37100 Water Sales $0.66 7/31/2003 o US Receipt Serv Pen 15 7-31-03UT R 601-37100 Water Sales $25.35 7/31/2003 o UB Receipt Serv 15 WATER 7-31-03UT R 601-37100 Water Sales $848.22 7/31/2003 o US Receipt Serv 1 WATER 7-31-03UT R 601-37100 Water Sales $0.21 7/31/2003 o US Receipt Serv Pen 30 80103UT R 601-34400 Safe Drinking Water Fee $290.00 7/31/2003 o 6973 MALLARD WAY - 7-31-03 R 601-34600 Water Meter Charges $88.57 7/31/2003 o US Receipt Serv 30 WATER 7-31-03UT R 601-34400 Safe Drinking Water Fee $76.50 7/31/2003 o UB Receipt Serv 15 WATER 80103UT R 601-37100 Water Sales $65.22 7131/2003 o US Receipt Serv 30 WATER 80103UT R 601-34400 Safe Drinking Water Fee $10.27 7/31/2003 o UB Receipt Serv Pen 1 80103UT R 601-37100 Water Sales $554.37 7/31/2003 o US Receipt Sarv 1 WATER 80103UT R 601-37100 Water Sales $1.500.00 7/3112003 o 6973 MALLARD WAY- 7-31-03 R 601-37150 Water 4 CITY OF CENTERVILLE CASH RECEIPTS 08/06/03 4:03 PI Page JULY 24 THRU AUGUST 6, 2003 Tran Batch Amount Date Refer Comments Name Account Descr $31.26 8/112003 o US Receipt Serv 30 WATER 8-1-0301 R 601-34400 Safe DrInking Water Fee $255.00 8/112003 o US ReceiptServ 1 WATER 8-1-03ot R 601-37100 Water Sales $197.99 8/4/2003 o US Receipt Serv 30 WATER 08-04-03UT R 60f-34400 Safe DrInking Water Fee $2.029.n 8/4/2003 o US Receipt Serv 1 WATER 08-04-03UT R 601-37100 Water Sales $6.50 8/412003 o US Receipt Serv Pen 1 8-4-0301 R 601-37100 Water Seles $110.50 8/412003 o US Receipt Serv 15 WATER 08-04-03UT R 601-37100 Water Sales $93.47 8/4/2003 o US Receipt Serv 30 WATER8-4-03ut R 601-34400 Safe Drinking Water Fee $868.11 8/412003 o US Receipt Serv 1 WATER 8-4-03ut R 601-37100 Water Sales $365.58 8/512003 o US Receipt Serv 1 WATER 080503ut R 601-37100 Water Sales $119.83 8/512003 o US Receipt Serv 30 WATER 08-0503UT R 601-34400 Safe Drinking Water Fee $1,500.00 8/512003 o 6879 MALLARD WAY 8-5-03 R 601-37150 Water $11,590.40 8/512003 o CSAH#14 WATER MAIN 8-5-03 R 601-36100 Special Assessments $5,795.20 8/512003 o CSAH# 14 WATER MAIN 8-5-03 R 601-36100 Special Assessments $290.00 8/512003 o 6879 MALLARD WAY 8-5-03 R 601-34600 Water Meter Charges $918.40 8/512003 o US Receipt Serv 1 WATER 08-0503UT R 601-37100 Water Saies $2.n 8/512003 o US Receipt Serv Pen 1 080503ut R 601-37100 Water Sales $18.70 8/512003 o US Receipt Serv 15 WATER 08-0503UT R 601-37100 Water Seles $33.90 8/512003 o US Receipt Serv 30 WATER 080503ut R 601-34400 Safe Drinking Water Fee $67.70 8f6l2003 o US Receipt Serv 30 WATER 8-603UT R 601-34400 Safe Drinking Water Fee $2.49 8/612003 o US Receipt Serv Pen 1 080603UT R 601-37100 Water Sales $33.94 8/612003 o US Receipt Serv 30 WATER 080603UT R 601-34400 Safe Drinking Water Fee $337.92 8/612003 o US Receipt Serv 1 WATER 080603UT R 601-37100 Water Sales $618.69 8/612003 o US Receipt Serv 1 WATER 8-603UT R 601-37100 Water Sales $0.36 8/612003 o US Receipt Serv Pen 1 8-603UT R 601-37100 Water Sales Act $33,647.68 FUND $33,722.82 FUND 602 SEWER FUND Act Type G $1,262.25 7/31/2003 o 6973 MALLARD WAY - 7-31-03 G 602-20801 Service Availability $75.00 7/3112003 o 1765 DUPRE RD - UNDER 7-31-03 G 602-20801 Service Availability $1,262.25 8/512003 o 6879 MALLARD WAY 8-5-03 G 602-20801 Service Availability Act $2,599.50 Act Type R $147.00 7/2412003 o US Receipt Serv 6 SEWER 7 -2403ut R 602-37200 Sewer Sales $49.00 7/24/2003 o US Receipt Serv 18 7-2403ut R 602-37200 Sewer Sales $13.65 7125/2003 o US Receipt Serv Pen 6 72503-ut R 602-37200 Sewer Sales $441.00 7/2512003 o US Receipt Serv 18 72503-ut R 602-37200 Sewer Sales $5.35 7125/2003 o US Receipt Serv Pen 6 7 -25-03ut R 602-37200 Sewer Sales $1,173.59 7/2512003 o US Receipt Serv 6 SEWER 72503-ut R 602-37200 Sewer Sales $567.95 7125/2003 o US Receipt Serv 6 SEWER 7-25-03ut R 602-37200 Sewer Sales $588.00 712812003 o US Receipt Serv 6 SEWeR &72803 R 602-37200 Sewer Sales $49.00 712912003 o US RecelptServ 18 073oo3-ut R 602-37200 Sewer Sales $4.90 7/29/2003 o US Receipt Serv Pen 6 073OO3-ut R 602-37200 Sewer Sales $1,176.00 7129/2003 o US Receipt Serv 6 SEWER 073oo3-ut R 602-37200 Sewer Sales $1,284.43 7/30/2003 o US Receipt Serv 6 SEWER 07-30-03ut R 602-37200 Sewer Sales $5.80 7/30/2003 o US Receipt Serv Pen 6 07 -30-03ut R 602-37200 Sewer Sales $766.50 7/31/2003 o US Receipt Serv 6 SEWER 80103UT R 602-37200 Sewer Sales $53.45 7/31/2003 o US Receipt Serv 18 7-31-03UT R 602-37200 Sewer Sales $0.45 7/3112003 o US Receipt Serv Pen 18 7-31-03UT R 602-37200 Sewer Sales $98.00 7/31/2003 o US Receipt Serv 18 80103UT R 602-37200 Sewer Sales $14.43 7/31/2003 o US Receipt Serv Pen 6 80103UT R 602-37200 Sewer Sales $9.80 7/3112003 o US Receipt Serv Pen 6 7-31-03UT R 602-37200 Sewer Sales $1,124.17 7/31/2003 o US Receipt Serv 6 SEWER 7-31-03UT R 602-37200 Sewer Sales $12.75 7/31/2003 o 6973 MALLARD WAY- 7-31"()3 R 602-34700 SAC Charges 5 CITY OF CENTERVILLE CASH RECEIPTS 08/06/03 4:03 PI Page JULY 24 THRU AUGUST 6, 2003 Tran Batch Amount Date Refer Comments Name Account Oeser $2,000.00 7/31/2003 o 6973 MALLARD WAY - 7-31-D3 R 602-37250 Sewer $9.80 8/112003 o US Receipt Sarv Pen 6 8-1-D3ut R 602-37200 Sewer Sales $441.00 8/1/2003 o US Receipt Sarv 6 SEWER 8-1-D3ut R 602-37200 Sewer Sales $4.90 8/4/2003 o US Receipt Serv Pen 6 08-04-D3UT R 602-37200 Sewer Sales $1.781.79 8/4/2003 o US Receipt Serv 6 SEWER 8-4-D3ut R 602-37200 Sewer Sales $7.24 8/4/2003 o UB Receipt Sarv Pen 6 8-4-D3ut R 602-37200 Sewer Sales $2.349.40 8/412003 o US Receipt Serv 6 SEWER 08-04-03UT R 602-37200 Sewer Sales $539.38 8/512003 o UB ReCeipt Sarv 6 SEWER 080503ut R 602-37200 Sewer Sales $7.47 8/5/2003 o US Receipt Sarv Pen 6 08-0503UT R 602-37200 Sewer Sales $1.605.75 8/512003 o US Receipt Sarv 6 SEWER 08-0503UT R 602-37200 Sewer Sales $12.75 8/512003 o 6879 MALLARD WAY 8-5-03 R 602-34700 SAC Charges $2,000.00 8/512003 o 6879 MALlARD WAY 8-5-03 R 602-37250 Sewer $2.73 8/512003 o UB Receipt Serv Pen 6 080503ut R 602-37200 Sewer Sales $49.00 8/5/2003 o US Receipt Sarv 18 08-0503UT R 602-37200 Sewer Sales $981.91 8/612003 o US Receipt Serv 6 SEWER 080603UT R 602-37200 Sewer Sales $2.56 8/612003 o US Receipt Serv Pen 6 080603UT R 602-37200 Sewer Sales $837.17 8/612003 o US Receipt Serv 6 SEWER 8-603UT R 602-37200 Sewer Sales $0.45 8/612003 o US Receipt Sarv Pen 6 - 8-603UT R 602-37200 Sewer Sales Act $20,218.52 FUND $22,818.02 F.UND 619 SAVINGS 8. CD INTEREST Act Type R $7,253.03 8/112003 1 July Interest on CD's 07/31/03int4 R 619-36210 Interest Earnings $15.56 8/1/2003 1 July Interest on checking 07/31/03int3 R 619-36210 Interest Earnings $69.94 8/1/2003 1 July interest on money 07/31/03int2 R 619-36210 Interest Earnings $908.63 8/1/2003 1 July' interest on investments 07/31/03Int R 619-36210 Interest Earnings Act $8,247.16 FUND $8,247.16 $805,846.76 6 " CITY OF CENTERVILLE *Check Summary Register@) Name 10100 MAIN STREET BANK Paid Chk# 018304 ABDO, ABDO, EICK Paid Chk# 018305 AT & TWIRELESS SERVICES Paid Chk# 018306 AUTOMOTIVE DRIVE LINE Paid Chk# 018307 BONESTROO, ROSENE, Paid Chk# 018308 CAPRA, MARY Paid Chk# 018309 CHIENFNG LEE Paid Chk# 018310 COVERALL OF THE TWIN Paid Chk# 018311 HAWKINS WATER TREATMENT Paid Chk# 018312 IMAGE PRINTING & GRAPHICS Paid Chk# 018313 IRS/MAIN STREET BANK Paid Chk# 018314 MENARDS - FOREST LAKE Paid Chk# 018315 MINNESOTA BENEFIT Paid Chk# 018316 MINNESOTA DEPT OF Paid Chk# 018317 MOORE-SYKES, KIM Paid Chk# 018318 NATIONAL WATERWORKS Paid Chk# 018319 NCPERS LIFE INSURANCE Paid Chk# 018320 OFFICE MAX Paid Chk# 018321 PALZER, PAUL Paid Chk# 018322 PUBLIC EMPLOYEES Paid Chk# 018323 QWEST Paid Chk# 018324 SOUTHWIND BUILDERS Paid Chk# 018325 US BANK CORPORATE TRUST Paid Chk# 018326 VALLEY CREEK LAWN & Check Date AUGUST 2003 Check Amt 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 Total Checks $207.00 GASB 34 MEETlNG- CONSULATION $234.80 P.W. CELL PHONE CHARGES $20.00 TIRE REPAIR $22,133.67 21ST AVE RD IMP. -SERV THRU 6 $52.55 MISC. CANDY FOR THE 2003 PARAD $460.19 2001 & 2002-7133 SHAD AVE - RE $213.00 AUGUST CLEANING SERVICE $906.38 WATER - CHEMICALS $1,048.01 BILLING SHEETS $3,787.53 PAYROLL WIH TAXES 7-31-03 $74.44 SUPPLIES $78.01 ELLEN PAULSETH INS. $582.64 PAYROLL WIH 7-31-03 $232.67 MILEAGE REiMBURSEMENT $418.66 WATER METERS $32.00 T. BENDER & E.PAULSETH LIFE IN $15.43 BACK ORDER - OFFICE SUPPLIES $341.75 TRAVEL EXPENSES FOR BLOG CODE $1,689.32 PAYROLL 7-31-03WIH $272.20 651-429-4969 - SERV THRU 8-15- $1,500.00 6812 GROUSE HOLLOW - REFUND SO $675.00 GO TEMP.IMPR. BONDS 2003 $3, 163.05 JULY LAWN SERVICE' $38,138.30 CITY OF CENTERVILLE 08/06/03 4:22 PM Page 1 *Check Summary Register@) Name Check Date AUGUST 2003 Check Amt 10100 MAIN STREET BANK Paid Chk# 018328 ACCLAIM BENEFITS 8/13/2003 Paid Chk# 018329 BARNA, GUZV & STEFFEN LID 8/13/2003 Paid C-hk# 018330 CENTENNIAL LAKES POLICE 8/13/2003 Paid Chk# 018331 CLEARWATER CREEK 8/13/2003 Paid Chk# 018332""""'""CONNEXUS ENERGY--S/13/2003 Paid Chk# 018333 EXCEL TELECOMMUNICATIONS 8/1312003 Paid Chk# 018334 HOMES BY JAMES 8/13/2003 Paid Chk# 018335 MCLEAN, JOHN 8/13/2003 Paid Chk# 018336 NOBLE WELDING & MFG., INC. 8/13/2003 Paid Chk# 018337 ON SITE SANITATION 8/13/2003 Paid Chk# 018338 PRESS PUBLICATIONS 8/13/2003 Paid Chk# 018339 REHBEiN, BART 8/13/2003 Paid Chk# 018340 REHBEINS BLACK DIRT 8/1312003 Paid Chk# 018341 TIME SAVER 8/1312003 Paid Chk# 018342 TOM THUMB 8/13/2003 Paid Chk#. 018343 XCEL ENERGY 8/13/2003 Total Checks TOTAL DISBURSEMENTS $100.00 FLEXIBLE SPENDING ACCT ADMIN. $5,773.00 PROS MATTERS - SERV THRU 7-31- $40,379.08 AUGUST POLICE SERVICE $14.00 FUEL - JULY $431.54 6900 20TH AVE - SERVTHRU JULY $9.44 SERV THRU 7-24-03 $108.00 OVERPAID #03-134-6879 MAl.LARD $53.25 REIMBURSE FOR RENTAL CANOPY $585.00 PARADE FLAGS - YELLOW -FETE DE $927.60 6955 DUPRE RD - EAGLE PARK $64.50 COUNCIL COMP PLAN-PLEASANT MAR $1,500.00 SOD ESCROW 1421 MOUND TRL $20.00 BLACK DIRT $357.16 CITY COUNCIL MEETING 7-23-03 $15.79 FUEL SERVTHRU JULY $1,580.11 1694 SOREL ST - SERV THRU 8-1- $51,918.47 $90,056.77 7 " CITY OF CENTERVILLE Page 1 Check Register July 31,2003 Payroll Pay Pay Check Soc Check Check Year Grou Period # Employee # Employee Name Date Amount Gross 2003 01 16 007325 000000075 PETERSON, TEDD 7/31/2003 $1,431.81 $1,688.39 2003 01 16 007324 000000069 BENDER, TERESA 7/31/2003 $1,041.88 $1,544.01 2003 01 16 007323 000000080 SWEENEY, KRISTEN 7/31/2003 $910.60 $1,146.56 2003 01 16 007331 000000047 COOK, KENNETH 7/31/2003 $1,056.12 $1,397.51 2003 01 16 007330 000000026 PALZER, PAUL J. 7/31/2003 $2,151.23 $2,769.54 2003 01 16 007329 000000093 STEPHAN, KIM 7/31/2003 $798.86 $1,017.86 2003 01 16 007328 000000094 MOORE-SYKES, KIMBERLAJ 7/31/2003 $1.812.48 $2.574.29 2003 01 16 007327 000000098 PAULSETH,ELLEN 7/31/2003 $1,504.05 $2,223.20 2003 01 16 007326 000000091 MCPHERSON, JOEL 7/31/2003 $1,146.55 $1,530.80 $11,853.58 $15,892.16 8 Centennial Fire District Check Register 8/5/2003 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE 8/5/2003 8/5/2003 8/512003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 8/5/2003 CHECK# NAME 13879 13880 13881 13882 13883 13884 13885 13886 13887 13888 13889 13890 13891 13892 13893 13894 13895 13896 13897 13898 13899 ACCOUNT Amoco Oil Company Arthur Mohler Aspen Mills Banner Canvas Centennial Utilities CenterPoint Energy Detroit, M148277 Emergency Apparatus Maintenance Fire Engineering Judith Nickence Lakeside Collision, Inc. McLeod USA Metrocall Mike T. Peterson Milo Bennett Pioneer Products Postmaster Tierney Brothers, Inc. Twin City Garage Door Company Verizon Wireless Viking Office Products 42100 - Fuel and Lube 42230 - Cleaning Supplies 42120 - Uniform Expense 42130 - Equipment Expense 42251 - Station 1 - Gas 42253 - Station 2 - Gas 42110 - Other Maintenance 42000 - Vehicle Maintenance 42210 - Subscriptions 42130 - Equipment Expense 42000 - Vehicle Maintenance 42240 - Telephone 42240 - Telephone 42120 - Uniform Expense 45010 - Safety Camp Expense 42130 - Equipment Expense 42180 - Office Supplies 42110 - Other Maintenance 42110 - Other Maintenance 42240 - Telephone 45010 - Safety Camp Expense 1 of 1 AMOUNT 304.06 6.33 196.85 383.40 106.95 90.47 1,455.00 1,603.78 79.80 250.00 241.48 354.63 98.23 42.00 12.75 1,297.42 111.00 457.04 76.00 169.07 31.94 .. ;I ~:=roo -=- AnderIik & UAssodates EngIneers & Arddtects Owner: City of Centervllle, 1880 Main St., Centervllle, MN 55038 Date: Auaust 8, 2003 For Period: 612/2003 to 8/812003 Reauest No: 1 Contractor: Dave Perkins Contractlna Inc., 14230 Basalt Sl NW, Anoka, MN 55303 CONTRACTOR'S REQUEST FOR PAYMENT PELTIER PRESERVE UTILITY & STREET IMPROVEMENTS BRA FILE NO. 616-03-129 SUMMARY 1 Original Contract Amount $ 503,307.00 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 503,307.00 5 Value Completed to Date $ 148,946.00 6 Material on Hand $ 0.00 7 Amount Eamed $ 148,946.00 8 Less Retainage 5% $ 7,447.30 9 Subtotal $ 141,498.70 10 Less Amount Paid Previously $ 0.00 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 1 ':",,, $ 141.498.70 Recommended for Approval by: BONESTROO, ROSENE, ANDERUK & ASSOCIATES, INC. Approved by Contractor: ~~NC ~ tZ Approved by Owner: CITY OF CENTERVlLLE - Specified Contract Completion Date: May 15, 2004 -4~~- Date: /J I (.,tbLe; Z, bt:7r13 61603129REQ1 ... Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date PART 1 - SANITARY SEWER: 1 CONNECT TO EXISTING MANHOLE EA 2500.00 1 $2.500.00 2 CONNECT TO EXISTING SANITARY SEWER PIPE EA 1 1500.00 . 1 1 $1,500.00 3 8" PVC SANITARY SEWER. SDR 35 LF 1190 18.00 1187 1187 $21,366.00 4 8a X 4" PVC WYE EA 20 35.00 20 20 $700.00 5 4' DIAMETER SANITARY MH, 8' DEEP EA 10 1800.00 10 10 $18,000.00 6 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 42 100.00 41.4 41.4 $4,140.00 7 IMPROVED PIPE FOUNDATION LF 500 5.00 250 250 $1,250.00 8 CLOSED CIRCUIT lV INSPECTION LF. 1190 1.50 $0.00 9 SILT FENCE, REGULAR LF 200 2.50 $0.00 Total PART 1 - SANITARY SEWER: $49,456.00 PART 1 - SANITARY SEWER: - Bid Amount Total- $53,105.00 PART 2 - WATER MAIN: 10 CONNECT TO EXISTING 8" WATER MAIN EA 1 2500.00 1 1 $2,500.00 11 8" PVC WATER MAIN LF 101 17.00 130 130 $2,210.00 12 6" PVC WATER MAIN LF 1585 14.00 1585 1585 $22,190.00 13 10" HDPE WATER MAIN - DIRECTIONAL DRILLED LF 311 35.00 311 311 $10,885.00 14 6" GATE VALVE AND BOX EA 7 650.00 7 7 $4,550.00 15 INSTALL HYDRANT EA 4 1500.00 4 . 4 $6,000.00 16. DUCTILE IRON FITTINGS LB 1760 2.00 1000 1000 $2,000.00 17 6" PIPE RESTRAINT EA 37' 20.00 46 46 $920.00 18 8" PIPE RESTRAINT EA 5 30.00 5 5 $150.00 19 IMPROVED PIPE FOUNDATION LF 500 5.00 - $0.00 20 SALVAGE AND REINSTALL HYDRANT EA 1 850.00 $850.00 21 INSULATION, 4" TI-!ICK SY 15 20.00 $0.00 Total PART 2 - WATER MAIN: $52,255.00 PART 2 - WATER MAIN: - Bid Amount Total- $55,902.00 PART 3 - SERVICES: 22 1" CORPORATION STOP EA 20 75.00 20 20 $1,500.00 23 1" CURB STOP AND BOX EA 20 75.00 20 20 $1,500.00 24 1" TYPE "K" COPPER WATER SERVICE LF 890 6.00 800 800 $4,800.00 25 4a PVC, SCH. 40 SERVICE PIPE LF 865 16.00 800 800 $12.800.00 Total PART 3 - SERVICES: $20,600.00 PART 3 - SERVICES: - Bid Amount Total- $22,180.00 PART 4 - STORM SEWER: 26 12" RCP STORM,SEWER,CLASS 5 LF 230 20.00 $0.00 27 18" RCP STORM SEWER, CLASS 5 LF 140 24.00 $0.00 28 12a HDPE STORM SEWER LF 355 14.00 $0.00 29 15" HDPE STORM SEWER LF 185 15.00 $0.00 30 18" HDPE STORM SEWER LF 170 18.00 $0.00 31 12" HDPE FLARED END SECTION INCLUDING ~SH GUARD EA 3 175.00 $0.00 32 15" HDPE FLARED END SECTION INCLUDING TRASH GUARD EA 2 175.00 $0.00 33 18" HDPE FLARED END SECTION INCLUDING TRASH GUARD EA 1 250.00 $0.00 34 CLASS III RANDOM R1PRAP CY 30 100.00 $0.00 35 2' X3 ' CB EA 3 . 1100.00 $0.00 36 4' DIAMETER STORM CBMH EA 4 1600.00 $0.00 37 4' DIAMETER STORM SEWER MH EA 5 1600.00 $0.00 38 OUTLET CONTROL STRUCTURE EA 1 3800.00 $0.00 39 REMOVE CATCH BASIN EA 1 650.00 $0.00 40 RECONSTRUCT CATCH BASIN MANHOLE EA 1 650.00 $0.00 41 SEEDING, INCL SEED, FERTILIZER, AND WOOD FIBER BLANKET SY 1735 3.00 $0.00 42 SILT FENCE, REGULAR LF 100 2.50 $0.00 43 PROTECTION OF CATCH BASIN IN STREET EA 8 150.00 $0.00 Total PART 4 - STORM SEWER: $0.00 PART 4 - STORM SEWER: - Bid Amount Total- $52,345.00 81803129REQ1 ---- ---- ./ Contract Unit Current Quantity Amount No. Item Unit Quantity PrIce Quantity to Date to Date PART 5 . STREETS: 44 MOBILIZATION LS 1 2500.00 0.25 0.25 $625.00 45 REMOVE BITUMINOUS PAVEMENT SY 750 2.00 100 100 $200.00 46 SAWING BITUMINOUS PAVEMENT LF 175 2.50 $0.00 47 REMOVE AND REPLACE BITUMINOUS DRIVEWAY. SY 35 50.00 $0.00 48 COMMON EXCAVATION CY 665 5.00 $0.00 49 COMMON EXCAVATION - SIDEWALK CY 200 5.00 $0.00 50 SUBGRADE PREPARATION SY 6075 0.50 $0.00 51 GEOTEXTlLE FABRIC SY 6075 2.00 $0.00 52 SELECT GRANULAR BORROW (CV) CY 3375 14.00 $0.00 53 AGGREGATE BASE, CLASS 5 TN 2300 12.00 $0.00 54 AGGREGATE BASE, CLASS 5, - SIDEWALK TN 250 20.00 $0.00 55 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 490 36.00 $0.00 56 TYPE LV 3 WEARING COURSE MIXTURE (B) TN 490 37.00 $0.00 57 BITUMINOUS MATERIAL FOR TACK COAT GAL 300 3.00 $0.00 58 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 3100 8.00 $0.00 59 4" CONCRETE SIDEWALK SF n50 3.00 $0.00 60 CONCRETE PEDESTRIAN CURB RAMP SF 100 5.00 $0.00 61 ADJUST FRAME AND RING CASTING EA 2 250.00 $0.00 62 4" PERFORATED POLYETHYLENE PIPE LF 3100 1.00 $0.00 63 SKlDSTER (BOBCAT WITH OPERATOR) HR 10 95.00 $0.00 64 STREET SWEEPER (PICK UP BROOM WITH OPERATOR) HR 10 195.00 $0.00 65 WATER FOR DUST CONTROL 1000 GAL 100 25.00 $0.00 66 SEEDING AC 1 1500.00 $0.00 67 TOPSOIL BORROW CY 40 10.00 $0.00 68 SODDING, LAWN TYPE SY 300 3.00 $0.00 Total PART 5 - STREETS: $825.00 PART 5 - STREETS: - Bid Amount Total- $202,570.00 PART 6. WATER MAIN - OUTSIDE PLAT: 69 CONNECT TO EXISTING 8" WATER MAIN EA 1 2500.00 $0.00 70 8" PVC WATER MAIN LF 225 29.00 $0.00 71 6" PVC WATER MAIN LF 15 25.00 5 5 $125.00 72 10" HDPE WATER MAIN - DIRECTIONAL DRILLED LF 655 35.00 653 653 $22,855.00 73 DIRECTIONAL DRILLING - EXTREME CONDITIC LF 100 19.50 $0.00 74 8" GATE VALVE AND BOX EA 5 700.00 $0.00 75 6" GATE VALVE AND BOX EA 2 650.00 $0.00 76 INSTALL HYDRANT EA 3 1500.00 1 1 $1,500.00 n DUCTILE IRON FITTINGS LB 1225 2.00 500 500 $1,000.00 78 6" PIPE RESTRAINT EA 4 25.00 2 2 $50.00 79 8" PIPE RESTRAINT EA 18 35.00 8 8 $280.00 80 IMPROVED PIPE FOUNDATION LF 100 5.00 $0.00 81 REMOVE BITUMINOUS DRIVEWAY SY 250 3.00 $0.00 82 Ri:MOVE AND REPLACE BITUMINOUS PAVEMENT SY 400 20.00 $0.00 83 COMMON EXCAVATION - SIDEWALK CY 200 10.00 $0.00 84 AGGREGATE BASE, CLASS 5, - SIDEWALK TN 100 20.00 $0.00 85 4" CONCRETE SIDEWALK SF 3135 3.00 $0.00 86 6" CONCRETE DRIVEWAY PAVEMENT SY 115 45.00 $0.00 87 PATCH BITUMINOUS DRIVEWAY SY 100 75.00 $0.00 88 CONCRETE PEDESTRIAN CURB RAMP SF 50 5.00 $0.00 89 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 210 15.00 $0.00 90 RECONSTRUCT CATCH BASIN MANHOLE EA 3 650.00 $0.00 91 4" PERFORATED POLYETHYLENE PIPE LF 330 2.00 $0.00 92 CLEAR AND GRUB TREE 2 600.00 $0.00 93 SODDING, LAWN TYPE SY 750 3.00 $0.00 Total PART 6 - WATER MAIN - OUTSIDE PLAT: $25,810.00 PART 6 - WATER MAIN - OUTSIDE PLAT: - Bid Amount Total- $91,545.00 61603129REq1 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date PART 7 . SERVICES. OUTSIDE PLAT: 94 1" CORPORATION STOP EA 23 175.00 $0.00 95 18 CURB STOP AND BOX EA 23 75.00 $0.00 96 18 TYPE "K" COPPER WATER SERVICE LF 320 18.00 $0.00 97 1" TYPE"K" COPPER WATER SERVICE DRILLE LF 670 20.00 $0.00 98 CONNECT EX. SERVICE TO NEW WATER MAlt EA 1 750.00 $0.00 Total PART 7 - SERVICES - OUTSIDE PLAT: $0.00 PART'7 - SERVICES. OUTSIDE PLAT: - Bid Amount Total- $25.660.00 Total PART 1 - SANITARY SEWER: Total PART 2. WATER MAIN: Total PART 3 - SERVICES: Total PART 4 - STORM SEWER: Total PART 5 - STREETS: Total PART 6 - WATER MAIN - OUTSIDE PLAT: $49,456.00 $52,255.00 $20.600.00 $0.00 $825.00 $25,810.00 $148,946:00 Total Work Completed To Date S1B03129REQ1 PROJECT PAYMENT STATUS OWNER CITY OF CENTERVlLLE BRA FILE NO. 616-03-129 CONTRACTOR DAVE PERKINS CONTRACTING INC CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From 1 06/0212003 To 08108/03 Payment 141,498.70 -, I Retalnage 7,447.30 Completed 148,946.00 Material on Hand Total Payment to Date $141,498.70 Oricinal Contract $503,307.00 Retainage Pay No. 1 7,447.30 Chance Orders Total Amount Earned $148,946.00 Revised Contract $503,307.00 61603129REC1 .. .: FROM : ca-rr . PHONE NO. : 651 429 8629 Jun. 1121 2003 12: 56PM P3 tervi[{e P.sta6Cisfid 1.857 18809AainSLrut - CenterrJilk,!Jvf!J.(. 55038 (651) 429-3232 -!F~ (651) 429.8629 Iune 10~ 2003 I. Dale Runkle on behalf of Ground Development, agree that I am waiving the time period requirements per Minnesota State Statute 15..99 _d its amendme~ for the City to act on my request to advance the MUSA for the highlighted yellow portion of the attached Utility StaginglMUSA Additions (current map) PIN #R23-31-22-43-OOO1 and Final Plat for Phase m of the Pbeasant Marsh Sub-division. ~~ Dale Runkle {p-z-~ Date "I- ~II.4L.Lo S)(.k...J ~ -liMe.h1kd- ,a; mO/~ (Jut 1'&. ~ ruo;~ ~~./~ tk! ~ 04 5c.tbs.(.",.Ji4l' 'P""'~ AM htaIJ MrwA- trILJ~ ~~ \}1~ Awtndl'A.e,.i:::. -k.o S\A.bs~.J..~L ~r ...;,/,1 kA.. d....k."":--Q ~ c::;.,..,.,ft.l. ~~ Dlt'... '(o~e:.JJt:f'2. :t:. LtJ,l\ ~ a.1f\Nl- ~ ti.-, +.~ ~~~ K-t- ') .~ ...l ':k Wo../J. () (fOd+ ~ ldD ~ <<2.t~~ Yo~! fUt/~J~1f.UJJ . ~&..JL (,-~-O'3, tJo Y\td- ~ ~ ~~ ~~p~ .. . FROM : CENT PHONE NO. : 651 429 8629 Jun. 10 2003 12:58PM P7 tervi{[e 'EstafJ[isfid 1857 18809llai~ Street . Centerr.tilft, M!J{ 55038 (651) 42.9.3232 . !FQ.7(. (G51) 429.8629 CITY OF CENTERVILLE APPUCA nON FOR FINAL PLAT DATE PAID: STREET LOCATION OF PROPERTY: LEGAL DESClUPTION OF PROPERTY: (}ufl()-J- B fj)})J~~~ IflttllJ ;;Jv1.. AbDI-hoAl SIZE OF PARCEL (S); It/. q I f).U2e<:\ t (;.~ ~,,,IL ~.Iy lolsJ PROPERTY OWNER: (;fl.oul1J 'D~r~ ~ r~t!. PHONE #: 111?3 ~S4h -JI./J.~ ex. II FEE OWNER.: (PlUJtJl1d b~eJafWllLot.-l; DilL . ADDRESS; 7!>")S: r'_" u.... v.Jl-7~. r..,., IJAA UcJl~f) MJJ 59/.'l7- APPUCANTS INTEREST IN PROPERTY: V FEE OWNER LEASE HOLDER CONTRACT PURCHASER OPTION TO PURCHASE DESCRIPTION OF REQUEST: l.rJ. --REASONFORREQUEST: NORh"oL P/VJ(Jd~17> ~1t.(:JL+. '11L.. L.ikl- ij)k~ &-1f;h~;:;;'A-8- Ma~::J~ I ~ ~~ .J;.;J b PrtJ~;{~,w-4- ~~~(:U By payiDg the abo"c stated fee. X nnderstaJld that no refuDds will be issued in full or . " ~"-:f) I!# ~A _ A~~~~ D~ Signature of Applicant Signature of property owner t -,A" ""'Q~ Date ~ ,FROM : CENT PHONE NO. : 651 429 8629 Jun. 10 2003 12:58PM P8 tervi[[e 'Esta6lisIid 1857 1880 Mtun Street . l.'"'.entenJiJl"e, !M!J( 55038 (651) 429-3232 .:Fa{. (651) 429-8629 CITY OF CENTERVILLE APPUCA nON FOR COMPREHENSIVE PLAN AMENDMENT Any additio.Qal costs incmred for DATE PAID: FEE: $3.1 50.00 + Engineeriog, legal fellS, publieation OJ' other~ STREET LOCATION OF PROPERTY; ~J. ",!- fPhR~""J Lt:H. P .., N~~1t ? D'IflL4. Rd.~ LEGAL DESCRIPTION OF PI~.oPERTY: .~ (jl..d-laf- _B PJrg~"f- /VI M!!;h ~,UJ A-d,4 t.h DI,/ ~ ~ __ SIZE OF PARCEL (S): Ill. 9/1H:.. ~~ 5i<<jle... ~.~ Lu/:s PROPERTY OWNER: tPllIJiJijd Dt:1lJa.rJlAtWf~ UL PHONE #; 7(P~- SlI/g- ~'J.~ ex II FEE OWNER: c;,/UJtJ"J. 1:)t::lJf../"'lH'lltJ1A11.J... -0\4.. . I -' ADDRESS: 7SJS- 0n/~lkJJ~7 JU. GtJIJo~tla111j .W) 591/).'1- APPLICANTS INTEREST IN PROPERTY: ~ FEE OWNER CONTRACT PURCHASER LEASE HOlDER OPTION TO PURCHASE ~~::~~1t~~~~~:~~ ZONlNGDISTRICf: ~ ~ PROPOSED UNITS: ~sr By paying the above stated fee. I understatld that. no refunds will at any time, even if~ ~O f)-1fL Signature of Applicant ~ Signature ofproperty owner (,-~"'01r Date STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBUC HEARING COMPRElJE"N"SIVE PLAN AMENDMENT ADVANCING THE DEVELOPMENT STAGING /DATE FOR ANTICIPATED DEVEWPMENT (MUSA) FROM 2006 - 2010 TO 2001 - 2005 & FINAL PLAT ASSOCIATED WITH THE PROPOSED PHEASANT MARSH PHASE m SUB-DIVISION NOTICE IS HEREBY GIVEN, that the City Council of the City of Centerville will consider Ground Development's request to advance the development staginglMUSA from 2006 - 2010 to 2001 - 2005 and final plat associated with the proposed Pheasant Marsh Phase ill Subdivision (Outlot B, Pheasant Marsh 2nd Addition - 14.91 + Acres). The meeting will be held on Wednesday, August 13, 2003 commencing at 6:30 p.m. or shortly thereafter. The meeting will be held in Council Chambers at City Hall, 1880 Main Street. . All persons interested are invited to attend and to be heard orally or in writing. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you need additional information. If you desire, you may e-mail: ksykes@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. City Hall is ADA accessible. Requests for hearing assisted devices or a sign language --interpreter must be received prior to 4:00 p.m., AugUst 8-, 2003. July 21, 2003 Teresa Bender, City Clerk Published in the Quad Community Press July 29 and August 5, 2003 . .' Utility Staging / MUSA Additions FtgW"e 12-B ~ ~" \., , ',,---- o , 0.5 , 0.25 Miles ~ Plan Amendment 2001.-1: MUSA changes ~ 2006-2010 to 2001-2005 MUSA change ~ 2001.2005 to 2006-2010 MUSA change \ Nt . D Current MUSA ParkIRecrea1ion Areas ~ 1996-2000 Addition 8~22J 2001-2005 Addition ~ 2006-2010 Addition Resource Strategies CoJ:poraiion June 2001 .i.1'~r.~" . ~ Wetlands r':':':':-:'~ Flood lain i:::::::::::; P ;>:'-,-;<'} .. :{~&.t 2011-2020 Addition 43 \ . FROM : CENT Minnesota Statutes 2002, 15.99 PHONE NO. 651 429 8629 Jun. 1121 2I2l12l3 12:56PM P4 Page 1 of2 Minn~ta Statutes..2002. Table of Chapters I~le of contents for Chapter ~~. 15. 99 ~ ~1 ~ue ~O~ ..gene)' acUon. Subdivision 1. Def'1n1uon. :&'or purposes of this section, "agency" ~ans a department, agency, board, commission, o~ other group in the executive branch of state government; a statutory or home rule charter cit1, county, town, or school district; any metropolitan agency or regional entity; and any other politica~ subdivision of the state. subd. 2. neadl1ne ~oJ: ~sponae. Except as othe:rwise provided in this section and notwithstanding any other law to the contrary, an agency must approve or deny within 60 days a written request relating to zoning, septic systems, or expansion of the metropolitan urban service area for a pe~t, license, or other governmental approval of an action. Failure of an agency to deny a request witlrln 60 days is approva1. of the request. If an agency denies the request, it must state in writing the reasons for the denial at the time that it denies the request. Subd. 3. .application; exbms1cms. (a) The time limit in subdivision 2 begins upon the agency's receipt of a written request containing all info~tion required bylaw or by a previous1y adopted ru1e, ordinance, or policy of the agency. If an agency receives a written request that does not contain all required information, the 60-day limit starts over only if the agency sends .noticewithin ten business days of receipt of the request telling the requester what infor.mation is missing. ~, (b) If an action relating to zoning, septic systems, or expansion of the metropolitan urban service area requi~es the app~oval of more than one state agency in the executive branch, the GO-day period in subdivision 2 begins to run for all egeoutive branch agencies on the day a request containing all required. information i,s received by one state agency. The agency receiVing the request must forward copies to othe~ state agencies whose approval is required. (c) .An agency response meets the GO-day time limit if the agen~y can doc~t' that the response was sent within 60 days of receipt ot the written request. (d) ~he t~e l~t in subdivision 2 is e&tended if a state statute, federal 1aw, or court order requires a process to occur before the agency aots on the request, and the time periods presoribed in the state statute, federal law, or court order make it ilnpoasibl.e to act on Ue request within 60 days. In oases de$cribed in this paragraph, the deadline is extended ~o 60 days after completion of the last process required in the app1icable statute, law, or order. Final approval of an agency receiving a request is not considered a process for purposes of this paragraph. (e) 'J.'he time l;imi.t in supcllvision 2 10$ extended if: (1) a ~equest submitted to a state agency requires p~ior approva1 of a http://www.revisor.leg.state.mtt.uslstatsll 5/99.html 6/1012003 . i. .FROM . CENT "Minnesota Statutes 2002, 15.99 PHONE NO. 651 429 8629 Jun. 1121 212103 12: S7PM P5 Page2of2 federal agency; or (2) an application sub=itted to a city, county, town, school district, metropolitan or regional entity, or other political subdivision requires prior approval of a state or federal agency. In cases described in this paragraph, the deadline for agency action is extended to 60 days after the required prior approval is granted. (f) An agency may extend the time li.mit in subdivision 2 before the end of the initial 60-day period by providing written notice of the extension to the applicant. The notification must state the reasons for the ektension and its anticipated length, which may not exceed 60 days unless approved by the applicant. HIST: 1995 c 248 art 18 s 1: 1996 c 2a3 s 1 COpyright 2002 by the orri,ce or Revisor of statutes, State or Minnesota. http://www.revisor.1eg.state.mn.uslstatslI5/99.btml 6/1 0/2003 '. . ~g~ <5 ~. l:i"' -; ~~ ~i a:~ u..~~ lUll ~ JI j:jG OJ~ o . ~ S8~ "" I ga lfifl ... R~ tf i;f~ iJis' 8 ~ 'a J tflll hj -5' UUI :l! I ~ j! If ~ il f ,.In ~ Ifill g f j nljl Ii it BJ J f! fdff z !dih 0 u Ij ]Ibi 'II -5' I F filif!! . I . IJ I flill I s' jill ,J x 0 -B is! Bi!f ~ 1'1 i II Bi ~I I J 0 f~hJ8 · i" f'l 1 <( !dJU II ~I 6 11 ~l J 0 Ii Ii a: I l- I (J) a: <( '. . ~ -' l- s J Ii il 1;'- ilf J! Z Ii J fj t I <( (J) II i Ii ~ ,I <( If) ~ ~! t J II w 'll 'a I h f n I -5' a... I u~ r il ~ll ~ I I 1 g Iii i! ~ j I.J I ~ 11 J~ I 1\ .~ -!i,.!,] I I I If or ili i g J 8 ~i If i~1 I'll ~ I. i I Ii gi J ~i ~iI!i I ~ /l ig~ ~a: ~~ u.~~ ~~~I;I UO I!~ !sie 1111 I n " ,'---- , '" z o F o o <( o a:: I l- I en a:: <( ~ I- Z <( en <( w I (L , ;; .. Ii!~ l!!z - Ir--:- - - - \\ /" \ '.II ,z, \\\ I II \ '.... 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Teresa Bender -~ ~ ':l~ ~~) ~~V/' ~/./) From: Jill COne [ppcomp@sherbtel.net] Sent: Wednesday, July 23, 2003 1 :05 PM To: Teresa Bender Subject: Re: Thank youl Teresa Bender wrote: Dear Quad Community Press: Please pubDsh this on July 29 and August 5, 2003.Please send confirmation of the printing of this Legal and receipt of this email Thanks, Teresa 7/23/2003 .. "- .. Offlce_Address_Ust 712212003 First Name I Last Name I Address Une 11 City Mr. & Mrs. Car1 ___'__~I~IJt~r. Current ~ner _.1800 Center Street _____ Centerville Ms. Jane . Olson or Current Owner ;1801 Center Street ...:Centerville Mr:-& Mrs. Mike-----------COUfltryman or-Curren(0w:1808 Center Street Centerville- Mr. & Mrs. Mike --.--..----~YJilke or-Current oWner -)1-809 Center-Street----.-~~-.--:Cer1ierville -~ _.~, ___~___.__. _,__~_________.--.l.__ . _____' !VIr. David Dixon or_n___._._;~urrent ~er __._______1817 Center Street______.Centerville ____ Ms. Cynthia -Ulshafer or Current Owner ! 1825 Center Street :Centerville ___________________c________ I ------, -.---- Ms. Patricia .Evans or Current Owner : 1832 Center Street iCenterville __ _______________n_,___.____ . ____________, .___ ~r._ & Mrs. Ted___________ljiJ?E>~_~!_9urre"! ~~__.~-833 Ce.!!t~r Stree~__ __________:~nterville__,__ Ms. Lorrie .St. Sauver or Current Own i1840 Center Street Centerville __. .v___._----'______~______ _____ Mr. & Mrs. Keith _Okan or Current Owner :1841 Center StreetCenterville ------------------------------- ------ --- Mr. & Mrs. Clifford ;Lutz or Current Owner ;1850 Center Street :Centerville Mr. & Mrs. Steve -------, Andert-or Current Owner 11858 Center Street <-'------------:Centerville .-- ._.--,._---_._-~. ------- Ms. Leann ______ .__.Undgren or Current O\!"er1859 Center Street .______--'~enterville _n__ Mr. Mark Meader or Current Owner 1866 Center Street ;Centerville Ms. Molly -----=~::~-:_-::.~~-~:_.:~.-~rchert or Current Owner T1874 Center Street __-=-=~-JCenterville_:=-= Mr. & Mrs. Brian __,_n._____.__~~~_~_~~__~_urrent Owner :1882 Center Street n_________,~enterville _____ Mr. & Mrs. limothyPeloquin or Current Owner i1889 Center Street :Centerville ---.,-.---~~-,~..---.---r-~-----------r_:_--- ~-'-'-,-,---,-- ..-.-,--------..--.----- Mr. Walter .Mehsikomer or Current Ow '1890 Center Street ,Centerville Mr. & Mrs. Ken -------------~Th9is or Current Owner----'; 1901 center Street -- - -------- ;Centerville- --- Mr. & Mrs. Craig -- --------:curtisor Current OWner 1902 Center Street - ---'-'centerville'--.- Erin ------------COnrBd or Current Onwer----:1909'eenterStreet ------------ 'Celrteiville- ---- ~___'__'.___'_'_ .___.~._.". .._ ____ '_'____ _., _ ~___.___~.._ ____..____.____._'_L_.__ Mr. David Lund or Current Owner 1917 Center Street ,Centerville - .~~--- - ------..-"- ---_.-_.--_._-~--- ----~-._._-.------_. ---_._-_.__._._--_.--~~-._--_.- .~- .- ------.----.---. ."--.,.- ~E~! Mrs,: LaI1}'____ __ ___ __._~n~~ _~r:.~lJ~_'!!_9W"er,_ _1925 Center Street _____. ___9~nt~rvi~~ _ _u Kelly____ ______________________u ~'!!I~an~r Current Owner ~1933 2enter Street __ Centerville __ Ms. Jill Branson or Current Owner '1934 Center StreetCenterville Mr. & Mrs.RUsSeIl---n'----_ReidOr Current Owner ----'194f"Center Street -----------'Centerville -- - Mr.-&Mrs. Blaine' .--------='i=ioppor Current Owner--- _:i949~nterStreet-_=_=~==---~~genterviiie-~~_=~ Mr. & MIS. Brian Hanson or Current Owner '1950 Center Street :Centerville --- -- -.' .,._--.._--j--_._--_.._--------------_..~-_._------..._--_.._~--_.__._-_._..- Mr. & Mrs. David Grafsky or Current Owner :1957 Center Street :Centerville ~.:.~ayne________=~=-_==:~~-n-~,Rodriguez or Current Owne' 196(l"eenter Street ------_~~-_ _~~entervllle __ ___-= Mr. Thomas Hanson or Current Owner :1965 Center StreetCenterville --------- --------.--.--------------------- --.--------------------.-- !\4r..~ Mrs. Robert __..____LSC~~~~r._~ ~urrent Owner _1970 Center Street ____________~nterv~~___ Mr ~~_Mrs. Wayne ___on ___~I!~o~~! Curre~_~er6927_lyy Cou'!____ ____ __~~~!vi"~ __ __ Mr. Harvey _________~~~~~_ Cl!rre~_ Ow!I~r ____~928__lvy_~_~~_____,_______ge~.!'Yi".~ ___ Mr._~Mrs. Loren _______._~~1!>> or9~_~nt ~er ________~69~ I~~'!.'!._________ __ __~~~e~~!. __ Mc& Mrs. Danny _ _ _ 'Durbin or Current Owner 69361v'j Court _ _ _ _ ,CenterviUe ~!:_~_-~rs. Ronald -_~~~---?i~~~~~ffent Own~~_~-~,-~~_ ~ ~~urt_-_. ~___.-__~_---~-:~rlterviiie -.__.-.-~ Mr. & Mrs. Troy Uvgard or Current Owner 6944 Ivy CourtCenterville Mr.- & Mrs. BrandoFl------- --Her-orCurrent -awner--- -'6947.ivy_---Court ---- -- -----.:CeFrterville - ---- -----------, ------.. --' ------.--_._---------.-.- ---'-----,.----------------- -- --..._------ .... Ms. Bever1yBerg or Current Owner 6948 Ivy CourtCenterville ~_~:_iMrs. Mike-__=:===-_ _:~!1i~Ock or Current oWne:.1Tia:-Our>r! ~08d~__:.-~~.-_-_-_~~_-cent~'Y.iiie-_:-~ Ms. Cynthia _____.. .Be~~e or Current Owner '1782_Dupre Road ___..______...:.Cel'!terville__ Mr. & Mrs. Todd _______ n.__:Lein ~_9urrent Owner ___~17~Z Du~ Road ___ ________:9~nt~rville _____ ~!: &_Mrs.~ames_ ____ __ __ .t!~~!'! O!g_u~,!!_Own~.6905 D~ ,Ro8!!...___________ _~~ent~rvill~___ _ ~~:..~_~rs.l?ea~__._ _n_ _..IV!~sick ~r Cun:e~ ~e _'~~1_~_Q~pre ~oad __ __ ____________ ;~F.'!e~lIe.. __ Mr. & Mrs. Thomas French or Current Owner ,6921 Dupre RoadCenterville Page 1 . . Office_Address_Ust 7/2212003 First Name Last Name Address Une 1 C' ~r. ~~______I-!()I!e_~~~por_~u~~.~ ~~~[).LJ~~~~__ __ _ ~nt~_r:"iII~ Mr~_~~nu~1 _ ~~~~r_~~~~ ~!r___~~~~_I?!JP~ R~~____ ____~!~eryi_"! __ dr. ~_~~~. ~~!TY_ ~~~f)J~r ~lI~I1!_~~r.:~~~_I?_~p~_~~~ ___~11!~~!!.~ _ _ _ Mr~..~.~rs._ T~~ _ ;Q~r:'_()!_~lI~_nt_ ~!~ _..~~.Q'P~_~~':'_<<!_..___ ._~!~ervi!le __ _.__ ~r~.~ ~~~~p~ Q1(f~~j~ki .o! c.u~!,~.~ .~~ ~~_~_~()Jlow _ ._ __ ._~~!~i~~.. ~s.:.~.Q~~!l___ ~!!r!_()!_9~~_~~nE~r___ __ _~_~ .~~~~_.~()~w__ . __ d u..:~~~rvll!e ~!!:. ~~_____,^-,()!!~~~~I1..()E~ulT!~_...~~ ~~!!>.~~!:I_ollow _ _.. . _ ._~~~rvill~. ___. ~.~~.... ....._._. Bui!de~ ~r <?1.1~~'~~~h6876~~~~r:<!.vyay ____ _ _.__~.nterville. . lIl_n~ __ ..... ~~_ilders.()r C?~~~_~~r .~?~ ~a.!!a~,^-,fJ,!Centerville ~r:E!~.~~,c.lI~()~~~~~C?!"~r :ES~9!_.2~~.9.~~! _.. .. ..-~-'~~!Ym~.. ..... ~!:... David .__ . . ........_ _ _,!::C?ren ~r. ~~~_Owne!. .. ___;!~~g~!.~rcI~__. _ ___ .... ._.___:~nte~lIe_w._. erry . .... :Fuhrmeister or Current Ow .6913 Oak Circle .... ,Centerville MI:&MrS:Greg . - - ---"~fNeEKtham'or Current oWne ;69180ak Circle-~'-'-' ---;Centerville ... --.--------.....-....--... ...._....,--~._--~-------_.,-----.._._~-- _.._....._-+---_._--.-~.- !\Rr. .!!!~_____ _ ~_.._.... .._:.~~~!!~.()r._~l!.~~_~er_~S!~_Ql!k Circl~._.._.._ .... __:~nte~!I!. _.. Mr. & Mrs. Scott ,Sears or Current Owner :6926 Oak Circle ; Centerville Pat -------- --~-.Dah(or Current 'Ownern--'6936 Oak-Circle ---..-n--;Centerville - --- ----....-----.-.--__...._._ ----.-....-..------.------____..__i_______._.__..........l .. .-. Mr:.John ___.________ ,Lund~ad or~urrent Owner :173z'f'artridge Place ._._________:Centerville Mr. WesSchoeberlein or Current 0 :1744 Partridge Place :Centerville ~urre~-=~~~~==_=.~Own~r.._..=~~~:==~=n._..__._T"-~43 Partridge_ Place _-=--lCenterville ~I!rrent .______.__.____~.-'Owne~___.. .__.._.___..11747 Partridge Place ______.._____ :Centerville Current iOwner ;1751 Partridge Place 1Centerville ---------.-..---.-..---,----.---.. . .-----.-. ....--..,., -.-----j------.-.-- __~!!8nt___,__.._P_. ... .._.._~.,~~~. _ .... _. ....! 7~f_~rtridge Placen_____..~Centervine ,._ ~urrent____~_~..__..._.._~__:~~r_ . ___~755 ~artridge Place__._.___J.~C!~erville ____ Current . Owner :1759 Partridge Place Centerville __.__..~____._~_~." ..._.",_____.." __~_~.____~__.. ,- "._~.-, ,~_,_,__l-~___~._o. ____._,__,_____.____~___ .._,"__."_ ~~rrent____. _..____________~Own~ "'" _.._..._;~_?64 ~artridQe Place ;Centerville Current : Owner :1765 Partridge PlaceCenterville Current --.-=~=~~-==_~_==~own8i n..~~_--__~_~.._..~.Hno Partridge Place ..-------.-'Cerrtervllle --.- Current '_Un ._P.._______,~~~ _.____ ..__~1n4 fartridge Place __._.__:Centerville __._ Current 'Owner .1n5 Partridge Place iCenterville Current-------------------Tawner..- "--:1778 Partridge Place ---"'iCenterville __d' _ ._~.,~.~__._. ..'"'__' ____.J._____.~. _'-~_..,._ ....,."__,._._~__,._:--__~_ ~.~_.__-I_____,___ Current : Owner '1779 Partridge Place iCenterville .. ..-.-..---.------.--....------ ..-........ --.. ... '--""'---'--- --...-----t- -._- Current : Owner :6879 PheaSant Lane Centervllle ~i', MichaeT-=~~~..~-~==.-=~..p~~~-()r~~~~-~~.~~oi Pheasa~!_ane_=-_._~_..=.i~nte!"ille~.-=: Mr. & Mrs. Ba~_______):~~i1a~ or~,!rrent Own~~_:6908 Pheasant Lane .___.__.!ge"!.erville ____ ~~~Qona!<!. ... ........ ..____ ....-.I?~~i~()_~~_~~~~_~!.:E!~!!~heasa"!.~!ne-. ..... .. . _9.!~~r:Yille. Mr:l>onald Labonne or Current Owner 6918 Pheasant Lane Centerville ~:~I~Odney=~"~_-..:_-~.__=_-- :y~~n~~.cu~-!!f ~~T-:~.=~.6923.PheasantL8ne '__:::centerVii~_.. Mr. Kevin Navara or Current Owner 6926 Pheasant Lane ,Centerville Mr..Tecjd~---'-" - -'peterSOn"or-Current oWner-6933 Pheasant Lane'- -.- --cente,viiie- ~!:.~.~~~-R~~_ ..-.-.....-..-:_-~~~r:'_~r.~~~nt-~~!~~~7:~l!mac 9~u'!____.._.~:.~ce~!C!~lIe...... .-- ~!::..~onald _~_ ___ __ . _._..__I:)~~!eY"or ~1:I~~.~~i..~08 Sumac~ou!!...___ . . .'. __ __...~nterv.!"e _~___ r. Michael . Carter or Current Owner 6913 Sumac Court Centerville M~Daniel --.- -.... p- ----"Martinez or-Current-owner-'6918S'umac Court---"--'--:Centerville--- ~---- ._~-_.~'.. ._-~._.---~---------_._--_._._--- - -'-_.._--~'- ~r. & Mrs.:. D~vid __......___.._~i!lin~~~..~~.9~!!!nt Qwn~6~~~.!J~~~ Coul'!..___ .. .._}~enterv!I~~. ~r: & M~~__!~~.P!1.___.____~~!~~.9!1.~nt~~~_. .;E3.~~~~~a~ C~l!! ._. _ __.~~~':".i!~C! Mr. Philip Bangert or Current Owner 6933 Sumac Court 'Centerville Page 3 ",; . , OffIce_Address_Ust 712212003 First Name I Last Name I Address Une 1 I City Mr. & Mrs. David .Vickers or Current Owner ;6756 Centerville Road ,Centerville R & R Leasing ;or Current Owner ;6806 - 20th Avenue S., P. o. ;Centerville ~round : Development -- :7575 Golden Valley Road, Su lGolden Valley Ms. Christy Stark iMelropolitan Council iMears Park Centre, 230 East iSt. Paul I . City of Uno :Lakes 1600 Town Center Parkway lUno Lakes I Centenniallndependent iSchool District #12 ;4707 North Road iCircle Pines Ms. Maureen Devine, Div. I Property Records & Taxati :2100 Third Avenue !Anoka --_. Current : owner :6885 Pheasant Lane iCenterville Page 5 . '-....\0 " ervi{{e ~isfiec{ 1857 1880 Main Street . Centervil{e,:Jvf!J.l 55038 (651) 429-3232 \I!fafC (651) 429~8629 AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE State of Minnesota) County of Anoka ) City of Centerville) I, Kris Sweeney, being first duly sworn, deposes and says: I am a United States citizen, over twenty-one (21) years of age, and the Account Clerk IT of the City of Centerville, Minnesota On July 24, 2003, acting on behalf of the said city, I deposited at the United States post office located in Hugo, Minnesota, copies of the attached notice of Public Hearing for Pheasant Marsh Phase ill Subdivision MUSA/Comprehensive Plap. Amendment and Final Plat, enclosed in envelopes, with postage thereon fully prepaid, addressed to the following persons at the addresses appearing opposite their respective names: NAME ADDRESS See Attached There is delivery service by United States mail between the place of mailing and the places so addressecL -604~ Krls Sweeney, ~ IT Subscribed and sworn to before me this 30th day of July, 2003. r ~ 0:" TERESA BENDER Iii 6::.. ''''w NOTARYPUBUC:'MINNESOTA ,,~ ,,-.-~":---~:f;:" MyCommlsslonExpIlBSJan.312005 '.~,! ""'.,,-;;0;."'- t " . -_ ;'-: ::';~:;~~,8F~~~.€"""'~';; --=Y~~~ Notary Public ---- /\ \ . / . " ..' ~ ",' August 6, 2003 Mr. Bob Mazanec, Sector Representative REsoURCE Metropolitan Council STRATEGIFS Ji,ears. Park Centre Co Jeo'Flfth S1. E. RPORATION S1. Paul, MN 55101 14001 RIDGEDAlE DRIVE SUITE 300 MINNETONKA. MN 55305 612/513-9548 FAX 612/513-9549 952 new area code o . RE: CenteIVille Comprehensive Plan Amendment 2003-2 "?>E>b Dear~ec: Enclosed are maps illustrating the proposed amendment to the City of Centerville's Comprehensive Plan. The amendment proposes the restaging of an approximately IS-acre site wm the City's 2006-2010 MUSA Addition Stage to the City's 2001-2005 MUSA Addition Stage. The site constitutes the third and final development phase of the Pheasant Marsh residential development, owned by GroWld Development, Inc. Per our telephone conversation on August 5, the proposed sewer staging amendment is part of the Metropolitan Council's approved 2010 MUSA and should not require Metropolitan Council review nor does it necessitate any formal plan amendment process. As the plan amendment and map preparation were already in progress when we spoke about this matter, I am happy to provide you with these maps for your records and to keep you abreast of changes to the City of Centerville's Comprehensive Plan. I would appreciate your written confinnation that no formal plan review by the Metropolitan Council is necessary or that the Council waives formal review of this amendment. Thank you for your assistance in this matter. Please do not hesitate to contact me if you have any questions or if you would like to discuss this further. Sincerely, <:. ~~ Dean R. Johnson President Encl. cc: ~m Moore-Sykes, City Administrator Dale Runkle, Ground Development, Inc. .. Growth Management Plan Figure Il-D o , 0.5 , 0.25 Miles Plan Amendment 2003-2: Location (No land use change) LowIMediom Density o High Density Redtfential . Commercial . Industrial . PubliclSemi-Pub1ic .1 CBD/Mixed. Use III City PaIks D Regional Park Presetve 40 . ~ Wetlands 1.......:......\ FloodpJai :.:.:.:.:.:.:. n - - ~ Trails c::: ~ Proposed Collectors a City Hall iIi Church c Fire Depaa1meDt . School I}j Nt + Resource , s1lBte&ies Cotpomdon Ausust 2003 . .. ." o , Utility Staging / MUSA Additions FJ.gW'e 12-D 0.25 Miles 0.5 , ~ Plan A1Ite1IIImP.nt 2003-2: MUSA changes fZiI 2006-2010 to 2001-2005 MUSA change Nt D Current MUSA iii ParkIRecreation Areas II Wetlands Bill FloodpJain ~ 1996-2000 Addition ~ 2001-2005 Addi1ion ~ 2~2010 Addition ~ 2011-2020 Addi1ion +Su August 2003 43 Effective 1110190 City of Centerville Ord. #49 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #49 AN ORDINANCE RELATING TO NOISE, PROVIDING FOR THE ELIMINATION AND PREVENTION OF PROHIBITED NOISE, AND IMPOSING PENALTIES FOR VIOLATION. THE COUNCn.. OF THE CITY OF CENTERVILLE DOES ORDAIN: SECTION 1. NOISES PROHIBITED. The City Council finds that within the City, certain loud, avoidable, unnatural and unnecessary noises, which under certain circumstances and conditions constitute a serious threat to the health, welfare, contentment and the feeling of well-being of our residents. Excessive noise degrades the environment of the City and the City has a substantial and, in some situations, compelling interest in controlling such noise. Subdivision 1. General Prohibition. No person shall make or cause to be made any distinctly audible, continuous, objectionable noise due to intermittence, frequency, beat, shrillness, or intensity that annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property. This general prohibition is not limited by the specific restriction of the following subdivisions. Subdivision 2. Radios..Phono2raphs. Pa2in2 Systems. Etc. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine, or other device for the production or reproduction of sound in violation of the noise standards set forth in Section 3, Subdivision 1. Subdivision 3. Participation in Noisy Parties or Gatherin2. No person shall participate in any party or other gathering of people in violation of Section 1, subdivision 1. When a police officer determines that a gathering is creating such a violation, the Effective 1/1 0/90 City of Centerville Ord. #49 officer may order all persons present, other than the owner or tenant of the premises, to disperse immediately. Subdivision 4. Animals. a. Refer to Ordinance #24, Section 24.08 - Nuisances. SECTION 2. HOURLY RESTRICTION ON CERTAIN OPERATIONS Subdivision 1. Recreational Vehicles. No person shall, between the hours of 10:00 p.m. and 7:00 am., drive or operate any mini-bike/dirt bike, snowmobile, or any other recreational vehicle not licensed for travel on public highways. Subdivision 2. Domestic Power Equipment. No person shall operate a power lawn mower, hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or other similar domestic power maintenance equipment between the hours of 10:00 p.m. and 7:00 am. Snow removal equipment is exempt from this provision. Subdivision 3. Refuse Haulin!!. No person shall collect or remove garbage or refuse in any residential district between the hours of 10:00 p.m. and 7:00 am. Subdivision 4. Construction Activities. No person shall engage in or permit construction activities involving the use of hammers or the use of any kind of air. electric, diesel, or gas powered machine or other power equipment between the hours- of 10:00 p.m. and 7:00 am. Subdivision 5. Noise Impact Statements. The Council may require.any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration, or proj~t that may be considered a potential noise source to submit a noise impact statement. It shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. Effective 1/10/90 City of Centerville Ord. #49 SECTION 3. ENFORCEMENT. Subdivision 1. Noise Level Table. No person shall cause, or permit to be caused, any source of noise in such a manner as to create a noise level exceeding the limits set forth below for the receiving land use category. Residential: Duration of Sound Less than 10 minutes Less than 2 hours More than 2 hours Hours: 7:00 a.m. - 10:00 p.m. 75db 70db 60db 10:00 p.m. -7:00 a.m. 60db 50db 40db Commercia1/Industria1/Mixed Use: Less than 10 minutes Less than 2 hours More than 2 hours 75db 70db 60 db 70db 60db 50db The limits of the most restrictive district shall apply at the boundaries between different land use designations. The determination ofland use shall be by its zoning designation. Subdivision 2. Sounds Exempt from Noise Level Requirements. Sounds emanating from the operation of outdoor implements, such as power lawnmowers, snowblowers, power hedge clippers, power saws, pile drivers, jackhammers, and other construction equipment, are exempt from the sound level requirements but shall observe the time restriction provisions of this subdivision Subdivision 3. Exceptions for Special Events. The City Council shall have the authority, consistent with this section, to grant exceptions from the requirements of any section of this ordinance for special events. Any person seeking an exception shall file an application at City Hall with the City Clerk or his/her designee on a form prescribed by the City. The application shall state the dates during which the application is proposed, the location of the noise source and time of operation, the nature of the noise source, reasons why the exception is sought, steps to be taken to minimi7.e the noise level, and such other information as is required by the City. Effective 1/10/90 City of Centerville Ord. #49 The application .will be presented to the City Council for consideration and may be approved only if the City Council finds that full compliance with the requirements of the ordinance would constitute an unreasonable hardship on the applicant, on other persons, or on the community. In determining whether to grant or deny the applicatio~ the City Council shall balance the hardship to the applicant against the adverse impact on the health, safety, and welfare of the persons affected, the adverse impact on property affected, and any other adverse effects of granting the application. The application may be granted subject to conditions, including a time limit, which shall be clearly stated. If the City finds that sufficient controversy exists regarding the proposed exception to the provisions of this ordinance, a public hearing may be held on the proposed application at which all persons affected shall be given an opportunity to be heard. Subdivision 4. Exception for Emergency Work. Noise created exclusively in the performance of emergency work to preserve the public health, safety, or welfare, or in the performance of emergency work necessary to restore a public' service or eliminate a public hazard shall be exempt from the provisions of this ordinance for a period not to exceed 24 hours after the work is commenced. Persons responsible for such work shall inform the police department, Building Inspector and City Administrator of the need to initiate such work or, if the work is commenced during non-business hours of the City, at the beginning of business hours of the first business day thereafter. Any person responsible for such emergency work shall take all reasonable actions to rninirni7.e the amount of noise. Subdivision 5. Criminal Penalties. Every person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction, be subject to a fine, imprisonment, or both, and in either case, the cost of prosecution. Each act of violation and each day a violation occurs or continues constitutes a separate offense. 4 Effective 1/1 0190 City of Centerville Ord. #49 SECTION 4. SEVERABILITY. If any provision of this ordinance or the application of any provision to a particular situation is held to be invalid by a court of competent jurisdiction, the remaining portions of the ordinance and the application of the ordinance to any other situation shall not be invalidated. Adopted by the City Council this 27th day of October, 1999. APPROVED: (Shmature on File) Mayor, Tom Wilharber Attest: (Signature on File) Diane F. Ward, City Clerk Amended: May 22, 2002 Published in the Quad Community Press on June 11, 2002 Amended: Published in the Quad Community Press on 205416_1 .. , '. , ~ .L Me" ','.... ", " ~' ,:, u:'(} .. ;..'. " " Telet:tJriumoiicatians CiJmiidssiOn ~' , , Media Ce1iter: July 24, 2003 Ms. Kim Moore Sykes City of CentervilIe 1880 Main Street Centerville, MN 55038 RE: APPROVAL OF 2004 COMMISSION AND MEDIA CENTER BUDGETS Dear Ms. Moore Sykes: Enclosed, please find for the council's review and approval the 2004 Budgets for both the North Metro Telecommunications Commission ("Commission") and the North Metro Media Center (''Media Center"). L 2004 COMMISSION BUDGET The cOmmission's operating budget for 2004 is proposed at $420,319. This is an increase of $61,909 over the 2003' budget The 2004 budget is higher due to the costs associated with the repayment of the building loan. Recommendation: . That the Member Cities approve the 2004, Commission Budget as recommended by the Telecommunications Commission and the Operations Committee. ll. 2004 MEDIA ~BUDGET The amended Joint Powers Agreement .establish~ an "Operations Commi~" which is composed of Member City e.dmini~tra.tors. Their primary responsibility is to provide input to the operation and budget of the Community Media Center. Enclosed is the 2004 Media Center. budget proposed by the Operations Committee and recommended by the North Metro " Telecommunications Commission for approval by its Member Cities. 1630 -JOIst Avenue Northeast. Blaine..MN 55449-4419 Phone: (612) 780-8241 Fax: (612) 780-8242 , Blaine . Centervi/le. Circle Pines . Ham Lake . Lexington. Lino Lakes. Spring Lake Park _,lIl'c ,'_'~ , " The Media Center proposed budget is $738, 700. This budget is composed of operating expenditures totaling $558,700 and capital expenditures of $180,000. In addition to the budget, the Operations Committee has also proposed an increase in the subscriber's monthly PEG fee from $2.45/month to $2.511month. The Memorandum of Understanding between the Member Cities and Comcast allows for an annual cost of living increase in the PEG fee. 'ne six cent increase represents a 2.4% CPI average. The increased funding is necessary for the Media Center to meet facility and equipment goals. The Telecomnnmications Commission is recommending ,. this increase in the PEG fee. Recommendation: That Member Cities approve the 2004 Media Center budget and increase in the PEG fee to $2.51/month as presented by the Telecommunications Commission and Operations Committee. The Joint Powers Agreement states, "submitted budgets shall be deemed approved by a Member City unless, prior to October 15 preceding the effective date of the proposed budget, the Member City gives notice in writing to the Commission that it is withdrawing from the Commission." I want to thank the Commission directors, stat:t: and the Operations Committee for their efforts in preparing these budgets. If you have any questions about either budget please consult with your Commission director or City Administrator. This past year has been busy for the Commission with laying the groundwork for the construction of a new Media Center facility. I look forward to working with all parties, throughout the remainder of 2003, toward completion of the Media Center and to increase both the quality and quantity of conmnmity programming in 2004. Sincerely, ~~~ Harley Wells Chair, NMTC Enc. .,0.' _, ~ ,'== '-~ .4 , -- ........~. ~...: .;~ ~ .''':. "':'.:, ,.-,": .. . .... ....l. ...:.... ~~\o~..bo:~~~<~t .2''::'1-':'''~:~1'i\.:."ri.1:t.::~~~'t~., While it's difficult to predict, at this early stage in the process, chances are that we will .be moving into the new location in March or April of 2004. There will be many things that will need to be done before that momentous event and many fhings that wil! need to be taken care of after. Before the move. our majOr goals are: I I j I i\ I I i I ~ ~. ~~ to, ~.: \' I finally believe ifs going to happen. A new building, new technology and new capabiiities are just around the comer. As such, many of our goals for 2004 will be related to this incredible step. !iI The Building · Oversight of the completion of the .new facility · Coordination of cfeparture from old building with Corneast and building owner · Get rid of unusable furniture, racks, and equipment via a sale and/or a dumpster · Weed out all unnecessary departmental files; organize and Jabel r~aining files Moving into the building and the month or so directly after, will also present unique . challenges. Some of the more quantifiable goals for this timeframe incfude: · Assess the functionality of all systems and rectify any problems or discrepancies via a punch list . · The actual move >- ~ ;!. l .il, f' ,<\, ~.: f.> .:' '~ ',,' ., .- ~ .~ · Organize all files and videotapes · Set up the new facility as quickly as possible sa as to minimize production downtime for both staff and the public · Smoothly switch playback from old master control to "new master control · Closely monitor HVAC and power usage to assure conservation whenever possible !if Master Control Re-inventing and rebuilding master control will be the most significant goal of the year. (Right after moving into a new buildingl) This will be the first, and most important stEtP, in developing two of our primary long-term goals. First, through the upgrade of our . playback system we will take a giant step toward a new video world that relies more on computers than tape decks. Eventually this change will save us a fortune on eql)ipment and videotape. While computers with massive hard drives aren't free, they are less expensive than the multiple machines Videotape playback and editing require, and they just keep getting cheaper. Second, with the new playback system We" tntend to build, master control responsibilities for all" seven cities can be centralized. This has the potential of saving cities a great deal of money in capital and human resources expenditures. A series of events has taken place that makes this the most opportune time to upgrade from a tape-based playback system to a hard-drive based playback system. · Most of the tape decks we currently use for playback need to be replaced. · Our signal routing software and hardware is no longer supported and spare parts are impossible to get. · Alf of the peripheral equipment required to monitor playback quality is original...meaning it is over 15 years old. I I I t l I . i l , 1 , .; Since, literally, all of our master control equipment needs t()be replaced it is the perfect time to move to a new signal transmission and manipulation fonnal Technical staff has been diligently researching "server based playback systemsft and are" completely. convinced of the wisdom and necessity of this format change. The benefits of such a system are many. Eventually, all program editing could be done at a producer's computer and then simply" saved, via networking to a master server. Once stored on the master server the program can be played back on a channel, dubbed, or used for other editing projects. Staff would also be able to access the playback system via the "internet, from a remote location, in the event of an emergency. Because we receive many programs from outside sources, on videotape, that wol,l/d need to be encoded for storage on the server, and the possibility always exists for computers to crash, we wou.ld require some tape decks as a part of the master control package. We would, however, not require nearly as many as we otherwise would, and they wouldn't experience a high level of use, thereby extending their tUnctionallives. "' ~ ~ ~ j j , " That brings us to the second benefit of our new master control plan, namely, that it serve as the master control for all seven of our citi~ in addition to the public access channels. I ,I A pennanent talk-show set for the public to use would also be beneficial. The easier we can make a studio shoot for the general public the niore likely they are to use the facility. Obviously we would want to incorporate a variety of backdrops and furniture styles to vary the programming looks as much as possible. But the basic set and lighting would not require significant changes. This is a real time saver for everYone involved. We would leave one comer of a studio open for folks to set up whatever kind of set they might want to use. This set would have to be set-up and tom-down after each shoot. We do plan to offer some set-storage space to producers. Because of the many expenses the organization will be incurring as a result of the new building, we would like to keep to a minimum the amount of equipment we purchase in 2004. Unfortunately there are a couple of areas that require attention, and they aren't cheap. . !i Van Cameras Our production truck Is responsible for approximately half of all staff productions. When it shows up at parades, high school sports, the National Sports Center, and other venues it publicizes who we are and where people can watch. Ifs an excellent PR tool. It is also our most expensive PR tool. Because of the. transitorY nature of the equipment in the truck, it takes a beating. All those volunteers setting 'up cameras, dragging cables, and thEm tearing them apart again take their toll. That doesn't even take into consideration the wind, dust, and temperature fluctuations the equipment experiences. All said, our van cameras are eight years old and in need of replacement. . We should purchase four new camera packages. We are currently researching the cost of wireless cameras, but don't have any exact figures at this time. Four standard cabled camera packages will, however, run us in the area of $140,000. !i News 'Camera We currently have two DVCPro cameras dedicated to staff production. They were both purchased about six years ago and have experienced a good deal of use, and some abuse. They are still in decent operating condition, but are in more and more demand as more staff produce more programs. We would like to add another camera to the mix. It will slow down wear and tear on the other two cameras, and provide more opportunity for simultaneous shoots. As a part of our recent franchise renewal, Comeast agreed to route all seven government channels through the new Media Center's master control. This was a significant agreement. Because of it, we will be able to independently route programming onto each of the seven government feeds. The cities will continue to be the originating source of programming. (Your live meetings, computer bulletin boards, any tapes you might want to play.) But, upon your request, whether it be occasionally or daily, the Media Center master control operator can put programming from our server onto your channel. Cities can maintain as much or as little control over the day to day programming as they desire. Those with larger budgets may choose to maintain a "mini headend" at city hall. Those with smaller budgets may want to utilize the Media Center master control service more regularly. Ifs up to you. . !i Tapeless and Wireless This is the ultimate long-term goal. While rebuilding master control puts us on the right path, ifs only one step in the direction we'd like to go. As a part of the new building technology design we hope to include a networking system that links all offices, edit suites, studios, conference rooms and the truck to the main server. With this connection, programs can be edited on computer hard-drives and saved to the master server without copying the finished product to tape. For now, our eameras will continue to record using videotape, requiring us to downJoad the images onto the hard-drive, bUt eventually cameras will record images digitally, without the use of videotape. A tape.- less production facility is not far away. We also hope to move toward being a wireless facility. This would include intercom systems for the studios and the truck, telephone system for the building, microphones, and possibly studio and truck cameras. The amount of money, time and energy that goes into stringing cables for studio and truck shoots, and the amount of damage those cables and connectors sustain through set-up and tear-down could be hugely impacted by moving to wireless systems. We are currently researching wireless production tools and their reliability and costs. This isn't something that will . happen in its entirety across one budget year, but it is an important long-term goal. fiSets Our plans for the new facility include two studios, one 4Ox40 the other 20x20. We will need a series of sets to make the spaces functional. Our goal is to have three permanent staff sets, one permanent public set, and one open space available for any type of set that would have to be set-up and tom-down after every shoot. The rationale for permanent sets is quite convincing, particularly in the area of staff production. Permanent sets maintain a consistent look, don't require lighting changes, last longer, and make for more efficient use of staff time. The three permanent sets we would like to build for staff programming include a news set, a sports talk-show set, and a general talk-show set. All three sets would have aspects, such as b~-drops, . furniture, and signage that could change to maximize use and insure as much variability in program appearance as possible. In addition, we would like to dedIcate the new camera to the news department Because of the importance of the news deparbnent to the organization, and the often . unpredictable naue of news events and interviews, having a camera available 24/7 specifically to the news team will eliminate equipment scheduling conflicts. This will help insure that both staff AND equipment will be available when needed. This camera will cost approximately $10,000. . !i Computer SoftwareJHardware Upgrades Rose has developed a very effective computer replacement cycle. Each year she builds two or three new computers for those staff members who require improved capacity and speed, and then refurbishes and recydes their old computers for other staff members. It is an effective and economical way to guarantee staff has the tools necessary to perform their jobs. As such, we will require the parts and software necessary to do so. If at all possible, we would like to refrain from making any additional equipment purchases. Obviously, that will depend on no unforeseen accidents or break-downs. With the replacement of all master control equipment as a part of the building construction, and the purchase of the new production cameras, we should be pretty well set. This will be an excellent year for expanded communications. Primarily because it won't be really embarrassing to have people see.our facility. You have no idea what a difference it will make. We are very cognizant of the importance of communication with the public. In 2004 we will have a full time Communications Coordinator. This is a new title, but not a new position. Michele Silvester hgs been migrating from public....ac.cess responsibilities to communications responsibilities across the last two years. As the needs and interests of the Media Center change, some staff responsibilities grow and change to reflect those needs. That is the case here. While we will continue to communicate in ways that have worked for us in the past, our goal is to make some changes and concentrate efforts in several areas; !if Web Site This one is our pet project. We think the web site holds great potential as a very economical and efficient communications tool regarding the Media Center and Cable Commission. We have already taken the most significant step required to make it a In addition, we would like to dedicate the new camera to the news department. Because of the importance of the news department to the organization, and the often unpredictable nature of news events and .interviews, having a camera available 24/7 specifically' to the news team will eliminate equipment scheduling conflicts. This will help insure that both staff AND equipment will be available when needed. This camera will cost approximately $10,000. !i Computer SoftwarelHardware Upgrades Rose has developed a very effective computer replacement cycle. Each year she builqs two or three new computers for those staff members who require improved capacity and speed, and then refurbishes and recycles their old computers for other staff members. It is an effective and economical way to guarantee staff has the tools necessary to perform their jobs. As such, we will require the parts and software neceSsary to do so. If at all possible, we would like to refrain from making any additional equipment purchases. Obviously, that will depend on no unforeseen accidents or break-downs. With the replacement of all master control equipment as a part of the building construction, and the purchase of the new production cameras, we should 00 pretty well set. This will be an excellent year for expanded communications. Primarily because it won't be really embarrassing to have people see our facility. You have no idea what a difference it will make. . We are very cognizant of the importance of communication with the public. In 2904 we will have a full time Communications Coordinator. This Is a new title, but not a new position. Michele Silvester has been migrating from public access responsibilities to communications responsibilities across the last two years. As the needs and interests of the Media Center change, some staff responsibilities grow and change to reflect those needs. That is the case here. While we will continue to communicate in ways that have worked for us in the past, our goal is to make some changes and concentrate .efforts In several areas. !i Web Site This one is our pet project. We think the web site holds great potential as a very economical and efficient communications tool regarding the Media Center and Cable Commission. We have already taken the most significant step required to make it a valuable resource, in assigning web site maintenance to our Communications Coordinator. I have perused other community programming organizations web sites quite a bit of late, and I have to say that I haven't found one that had more information regarding the organization or was easier to navigate. I am very proud of the work staff has done in developing the information and services provided. Our goal for the upcoming year will be to update the information provided on the site weekly, and in some cases daily. We may also add pages and links throughout the year. We will continually promote the web site in all our printed materials and video programs. We want people to come to ros.t our web site for up-to-date, useful information regarding both the Media Center and the Cable Commission. ti Use the Facility The new facility will provide us an excellent excuse for inviting various groups and organizations to stop by for a visit. There's nothing like a really cool work environment to spark the interest of community organizations I Once we are in the new building, and have things organized, we plan to' hold a series of open houses. We will target local and state government officials, school district staff, non-profit organizations, and the general public." ~ If it ain't broke... The Communications Coordinator will continue with various promotional programs that have worked well for us in the past. They include a monthly e-newsletter, the use of press kits, participation in parades, tours, cro~-promotional flyers at van shoots, involvement with the local chambers of commerce, and the Volunteer Rewards Program. !i Develop sponsorship criteria and promote dubs We acknowledge that financing for the Media Center will probably look very different in 15 years. With that in mind, there is no time like the present to begin developing alternative income sources. Our goal is to start out by nurturing two potential areas. of financial support. The first is the sale of copies of our programs, or dubs. We curren~1Y provide a dubbing service for our viewers, but haven't gone out of our. way to promote it. We will now provide dubbing information and prices on all staff produced programs, the bulletin board channel, the web site, and at all van shoots and community events we videotape. In addition, we will offer both VHS and DVD formats. The second area we would like to develop is financial sponsorships. The first step will be to draw up guidelines regarding what would be allowed and what would not. Ifs a very fine line between sponsorships, which are allowed, and advertisements, which are not. Once the guidelines and prices for spots are established, the Communications Coordinator will begin marketing the spots through her contacts at the various chambers, print promotional pieces that will be mailed to businesses, and phone calls. f~ j i I j' [ , :1 ~ ~ City Scope is a program that staff and cities can be very proud of. Arlc Otzelberger has done a phenomenaJ job in developing and improving both the look and the content of the program. In examining what could be done to further improve our local news coverage, staff kept returning to one issue...the name of the show. When City Scope was first created it was a half-hour news magazine program. Now it is a weekly news program. We've found that the name City Scope isn't very descriptive or intuitive as the name of a news program. Staff feels very strongly that the program should be renamed the "North Metro News." No explaining necessary. The name is clear, concise, and to the point. i i I I I I I I i ~ ., ~ ~ i I: {' a t:'r Our goal is to transition to pur new name as a part of our move to the new facilitY. We will produce video promos and teasers months in advance of the change. Staff will d.evelop new logos, find new music, and of course, develop the news set as part of the three new permanent staff sets already discussed in this report. The unveiling of the new look and name of our news program will coincide with the move to the new facility. t\. .\ , t t '. " ..... The potential uses of the I-Net represent a brave, new, unexplored world for us. According to our franchise, the upgrade of the I-Net must be completed by July 15, 2004. It will include a hybrid fiber/coaxial infrastructure capable of transferring large amounts of data. i'. I" r' Currently the I-Net is used only for the transmission of video programming. (The Government and School District channels.) It has the potential to do a great deal more, and to save cities quite a bit of money. Once the system is finished, and we have a detailed map, we will need to design a system for routing information from institution to institution. We will need to hire a consultant to do so. Fortunately for us, two individuals largely responsible for the development and design of our I-Net are no longer with Comcast and are' available as consultants. j; l.-. t' , ~ ~ ~ " ~ ~ I ~. j',' r: ~ f t !i; t t 1 :~ .~ Our goal for 2004 is to design a functional system for the transmission of data from institution to institution, and to facilitate the purchase of the equipment, by each city that wishes to make use of the I-Net, necessary for the use of the system. We are currently at the maximum PEG fee allowed by our Memorandum of Understanding. We are, however, allowed to increase that level annually to cover cost of IMng increases. According to the Bureau of Labor Statistics, the average CPI for 2002 was 2.4%. Increasing the current PEG fee by this amount results in a six cent increase per subscriber, per month, to $2.51. 2004 is going to be a very expensive year for us. The new building, equipment upgrades, and development of the I-Net will present real financial challenges. While subscriber levels have been declining across the last year, there is hope that with the cable system upgrade, availability of high speed internet service, and new home construction in the North Metro franchise area that will change. Because of all these factors, the PEG fee should be increased. 2004 is going to be the most amazing year. We will have built a state-of-the-art production facility, taken importantsteps to becoming tapeless and wireless, enhan~ our news program, delved into alternative income sources, and set the groundwork for developing and utilizing our valuable I-Net system. The Media Center is finally going to become what the seven cities anticipated when they first took over management of the department. We will have the facility, tools, and staff necessary to provide a" valuable service, for years to come, to the residents of the North Central Suburbs. With the continued support of the Operations Committee and the Cable Commission, channel 15 can only grow as a source for information, entertainment and services focused on our seven cities. ESTIMATED REVENUES 2003 Franchise Fee Operating Reserve (Bat Frwrd. 1/04) Interest Income $514,000 $50,000 $2,500 ESTIMATED EXPENDITURES 2004 Commission Budget Operating Reserve (Bal. 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I started her at the step above what she would have been making at her current position. You may recall discussing this when it was agreed that Rose would be trained to become a Microsoft Engineer. While the monetary amount doesn't vary greatly from her current income, it follows through with a promise and demonstrates the Commission's commitment to its employees. Besides, she's already saved us ten times that amount by utilizing the know/edge she's gained. · The Executive Director salary is divided between the two budgets. Benefits · Health benefit reflects the abhorrent state of health care costs in this country. · Benefits for the Executive Director are diVided between the two budgets. Insurance · This is split SO/50 with the Media Center and includes insurance coverage for the new building infrastructure. Office Expenses · This line item includes the Commission portion of the payment on the building loan for 2004, and three months rent at our current location. · See Media Center explanation for maintenance and utility costs. They are split 5O/SO with the Media Center. . · Office supply and postage line items were increased to cover increasing expenses and the expectation of lots of meeting packets. leaalExPenses · Legal costs should be minimal in 2004. There could be some rate regulation costs, some franchise fee analysis costs, and some lobbying costs, but these will most likely be divided between several clients, reducing 'our costs. Other Administrative Costs · Conferences In trying to pinch pennies I have included money only for the local Macta conference. · Lobbying Support While some lobbying cost~ will be covered under the legal line item, it could be a wild year for big issues. ~ s tJ) x w w .... U- N W .... tJ) .. X (J ~ LL 0 ~ w :E ~ .. c "10 0 c G! Z ~ i c Ul CD C') .... .... .. .. Iii I III .... - SUBSCRIBER GROWTH (Based on ATT Broadband Figures) # 01= PAYING & NON-PAYING # SUB. INCREASE SUBS. AT YEAR OVER PREVIOUS YEAR END YEAR % INCREASE 2002 16,208 -860 5.0%- 2001 17,068 -2,053 11%- 2000 19,121 215 1.1% 1999 18,906 936 5.2% 1998 17,970 .1,202 7.2% 1997 16,768 1,059 6.7% 1996 15,709 741 5.0% 1995 14,968 1,480 11.0% 1994 13,488 1,536 12.9% 1993 11,952 371 3.2% AVERAGE: 463 3.6% EST. PAYING PAYING SUBS AVERAGE % SUBS' YEAR ~D End 2002 INCREASE '03 16,208 3.6% 16,791 "C - ca 4. CD CD LL. C) W 4. c o "C CD tI) ca m s:: o 'ta - :J U Cii (J s- CD .Q - s- U tIJ .Q ::s tn CD (II ~ e u .E =11= (II .a = en CD c ~ ~ a. II CD CD ..... CD CD 'fa .c - c 0 E :a 'ii a. CD CD .... "0 'ii a. CD CD .... C) W D. 'ii - 0 I- - CD E e .... CD E i= ('t)<CCXl('t)I'-- "'....OC\lCXlC\l 'O)~lI)cctq I<r-J'r-~ ,...,.. -: l!&iT-~. ....('t)<COCXlLOCXl o)o)OOC\l~..... ............OLOCC<C ,..: ,..: cD ,..: ,..: LO - ..,f ...........................~..... ~- ,- ~!!i """'" 0000000 00011)000 ccimN~cOa:ir-.: 0) .... ~ 0 <C'CO ('t) O)LOI'--O<C~C\I ci Iti ai ai o' Iti ci O)~o)LOC\lI'--C') ~~~~~~~ ~ I I l!1ltnW- ~ U I'-- '" 0) o 0) o ..... C\I"'.....Oo)CXll!! O-EOOO)O)<D OOOOo)o)~ C\I C\lC\I..........a:s "C ::l c: 0 '" C') ESTIMATED REVENUES 2004 PEG Fees ($2.51/16,500Subs./Mo.) Operating Reserve (Bal. Frwrd. 1/04) Capital Equip. Fund (Bal. Frwrd. 1/04) Truck Replacement Fund (Bal. Frwrd. 1/04) . Building Fund (Bal. Frwrd. 1/04) other Income Interest Income $496,980 $122,177 $246,387 $0 $180,000 $67,000 $5,300 ESTIMATED EXPENDITURES Media Center Operating Budget Operating Reserve (1/4 of Budget) Equipment Purchases Truck Replacement Fund Capital Equipment Fund Building Fund $558,700 $141,500 $150,000 $0 $267,644 $0 en en ~ ~ en '- '- :2 I~ 8 .; (If c ~ ~ c c en ~ (If ~ 0 c e 0) i c ~ (If CD 0 c 13 lD ~ tn en ~ en CD -c ::I 'C CD 8J lD I:i:: ~ .0 ~ e 8J w en c ~ as ~ ::I CD ~ ~ c e ~ ~ e C: e ,g It) 0 =c CD I- CD -e OJ '0 aj a z a; c == :r= a; (If '0 '0 a; .c ~ ~ 0 (If as "fi '0 :J: 0 :E ~ 0 ~ ~ ~ ~ ~ :E ~ It) It) ~ N ~ It) (\') cO It) ""t ..... Lei N It) ..... co ~ It) ~ 0 ..... 0 0 : <<Xl ..... 0 0 0) It) N 10 co (\') It) (\') (\') 0) 0 0 co ..... ..... 0 0) 0) 10 I- <0 '" 0 ""t. (") ('I) 10 C\!. (\') 0 0 N ..... ..... 0 q cwt ..... ('I) ~w cD ai co- O) lli 0)- o. ..... N Iti o. Ili 0 ~ as ..... ..... Ili oCJ '" ('I) ('I) (\') (\') '" (\') ('I) ~ ..... N N ..... 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Insurance/Bonds · Insurance coverage includes the addition of the new building Office ExPenses · The cost of postage is greatly reduced as a result of no longer mailing newsletters. We do expect, however, to have larger dub postage -costs. · Building maintenance and utility costs were estimated based on the costs incurred by the new Quad Cities facility per square foot. The costs also include expenses for the first three months at our current facility. · Rent includes the cost of the current facility for three months. Other Administrative Costs · AdvertislnglMarketing This includes clothing items for the volunteer rewards program, and supplies for promotional mailings. · Awards Ceremonyl Entry Fees This includes the trophies, food, and facility for the annual awards ceremony. · Conferences Because of tight budget constraints we plan to send people to the local Macta conference only. . Memberships The membership line item includes The Alliance for Community Media, three local chambers of commerce', the local arts alliance, and Sam's Club · Publications Flyers and PR kits. We will save a lot of money by going to an e-newsletter · Tuition and Training Primarily software usage Vehicle EXDenses · Malnt.1 Lie. This line item remains low as the new production truck and fleet vehicle should not require much maintenance. Production Exoenses · BulbslBatteries/Other Production Costs Interns $1500 Camera Batteries $500 Duct tape $500 Studio Bulbs ~ $3000 · Computer Upgrades Rose will be rebuilding several w9rkstations and upgrading some software. tn W o ~ ii: 0::. w I- Z W o c( 2i w :i i e C!) 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UNDEFlatIOUIIQ thu.rrv ~rc:ms 7'37. 20TH A\lENUi NOATH · C!Ni'ERVlI.l.t, MN 55038 . PHONE: 951--429.-2669 " FAX: 651.429-0471 RNO~ CouNTY PA~K~ ..1tFF pE,..~~..,. ---....------..-...-.- ,... --....... - DAT!S - .&i .. z.OO! JOB Nil JOSNAMe. .~~~.!~._PATIo4_ LOCAnoN CLNT~R:~ I J-.I..E. . -...--...., 111_ ----. QUANTITY DeSCRIPTION UNIT EXTENSION " COW~u.."" TO E..)C. C.mp (,.l)~"E.A-T ' --.. -..--....----. - .....-- -~.'L.:.-_--. APPRQ')( . ('JIr(14 "Jf'f,,) AN 0 E..}(Tt.NO '" 8 -10 Fu.,.T. I. _N_____..__ .. -.. .--.----.----a--------~. - , ... . ..- 10.......__ '-.....-. .oo _... _...._ 0.1 .00. 2. JNSTJlkLL pr.PPttOX 30 r...'( ~Iu... "0 -----..-- .-- ----..-.. --- -- -- -...- ......-..-- ~_.- --.--.-1._-_....._J!~~I.. ~~~_~.?F a~N\(.. )~_L1?~. ..-4.. _.__ _ _ __...._ ___.. --.:. . :3. - IN$T1'o1.. p.pP/l.O')/ S to,! OF It! P AAP r ---. ---=:.....---.--.--- ---..~.'!~_..~~~~~~-....-- ---.-- .-.... .. r.- -,. .--------... . -- "I. ~E..PAI~ S'TUmr~~ PAT'" ..-...-. . .....--- ___w. A~~}( ""0' ')( \"L I '" ~" ---.."'..... ......... .......... .... I. . .. ..- .. . . ------. 'Tt7T',t.L.. AmOUNT OF --.----- _!_~ ~'i.J) ~rlt ~OFll( _' ~ -t---.--~... -... ~~ ~-ftt~~, u~~\--=r~.~~~.=~~~~:.-. ~ . n~ ~"'N ~T ___ -~L _.___.... . ... . __}M5'i.~..~ ...---' --.- ~-- - -..-. .-. .. ... ..,~ .+........-.... ~.~ ~.~~ .=~~ .':.~t~~..~~ ...~~ - - ._.~..- La /YI ()fJb-e, . t. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #77 An Ordinance regulating the Clean-up of Clandestine Drug Lab Sites and Chemical Dump Sites within the City of Centerville, Minnesota and providing for the administration and enforcement of such regulations. The City Council of the City ofCenterville ordains as follows: Section 1. General Provisions. 1. Purpose and Intent. The purpose of this ordinance to reduce public exposure to heath risks where law enforcement officers have determined that hazardous chemicals or residue from a suspected clandestine drug lab site or associated dump site may exist. Professional reports, based on assessments, testing and investigations, show that chemicals used in the production of illicit drugs can condense, penetrate, and contaminate surfaces, furnishings, and equipment of surrounding structures. The City Council finds that such sites, and the personal property within such sites, may contain suspected chemicals and residues that place people, particularly children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site or using or being exposed to contaminated personal property. 2. Interpretation and application. In the interpretation and application of this article, the provisions herein shall be construed to protect the public health, safety and welfare. Where the conditions imposed by any provision of this ordinance are either more or less restrictive to the public than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements on the public shall prevail. Should any court of competent jurisdiction declare any section or subpart of this article to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the provision declared invalid. 3. Fees. Fees for the administration of this ordinance may be established and amended periodically by resolution of the City Council. Page 1 of9 , . Section 2. Definitions. For the purposes of this ordinance, the following terms or words shall be interpreted as follows: Chlld - Shall mean any person less than 18 years of age. Chemieal dump site Shall mean any plaee or an~a wher'0 ehemieals Of other waste materials asoo in a elaBdestine dmb laB el3eratioB have been. leeated. City - Shall mean the City of Centerville. Clandestine drug lab siteslWastes/Substances - Shall mean any place or area where law enforcement has determined that conditions associated with the operation of an unlawful clandestine drug lab exist. A clandestine drug lab site may include dwellings, accessory buildings, accessory structures, a chemical dump site, any land or personal property which may include vehicle(s), boat(s), trailer{s), etc. Wastes generated from a clandestine drug lab shall be treated. stored. transported or disposed of in a manner consistent with Minnesota Department of Health.. Minnesota Pollution Control. and Anoka County Health Department rules and regulations. Clandestine drug lab operation - Shall mean the unlawful manufacture or attempt to manufacture a controlled substance. Controlled substance - Shall mean any drug, substance or immediate precursor in Minnesota Statute ~ 152.02 Schedules I through V together with any amendments or modifications thereto. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. Household Hazardous Wastes Shall meaB waste geaerated from a elaedestine drag lab operatioB. Such wastes shall be treated, stor-ed, tnmsported or disposed of iB a mamler eoasistent with. Mimlesota Dej3artmeBt of Health., MHmesota PoUatieB COBtrol, and ...\ook::a County Health. Department mes and f'0gu.1atioas. Manufacture, (in places other than a pharmacy) - Shall mean and include the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, and the packing, repacking, tableting, encapsulating, labeling, relabeling, or filling or by other process of drugs. Owner - Shall mean any person(s), firm(s), corporation(s) or other entity who or which owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated with a clandestine drug lab site or chemical dump site. Page 2 of9 Section 3. Declaration of Site and Contents as a Public Health Nuisance. All dwellings, accessory structures, buildings, vehicles, boats, trailers, personal property, adjacent property or other locations, associated with a clandestine drug lab site or chemical dump site are potentially unsafe due to health hazards and are hereby declared to be a public ~ealth nuisance. Section 4. Law Enforcement Action. If law enforcement authorities determine the existence of a clandestine drug lab site or chemical dump site, the site, and all personal property therein, shall be declared a public health nuisance. Law enforcement authorities who identify conditions associated with a clandestine drug lab site or chemical dumpsite which may place neighbors, the visiting public, or present and future occupants of the site at risk for exposure to harmful contaminants and other associated conditions are authorized to take the following action: 1. Promptly notify the State Duty Officer. Chemical Assessment Team (CAT). Crime Lab. City Building Official, child protection, public health authorities and the appropriate enforcement division of the drug enforcement administration of the U.S. Justice Department of the location of the site, local law enforcement officials, and the owner ifknown, of the conditions found; and 2. Treat, store, transport or dispose of all household hazardous waste found at the site in a manner consistent with Minnesota Department of Health, Minnesota Pollution Control and Anoka County Health Department rules and regulations; and 3. Public Health Officials may issue a temporary declaration of public health nuisance for the affected site and post a copy of the declaration on all doorway entrances to the site or, in the case of bare land, post the declaration in several conspicuous places on the property. This temporary declaration of public health nuisance shall expire subsequent to the same authority and the City Building Official inspecting the site and determining the appropriateness of issuing a afteF the City B1:1:ilcl:ing OffieiaJ ~eetB the site aB<:i determines the appropriateness of issuing a permanent declaration of public health nuisance; and 4. The Chemical Assessment Team (CAT) and Crime Lab will notify all persons occupying the site that a temporary declaration of public health nuisance has been issued; and 5. Require all persons occupying the site to immediately vacate the site, remove all pets from the site, and not return. without written authorization from the City Building Official; and 6. Notify all occupants vacating the site that all personal property at the site may be contaminated with dangerous chemical residue; and Page 3 of9 7. Public Health Official or City Building Official may put locks on each doorway entrance to the site to prohibit people from entering the site without authorization after all occupants of the site have vacated. The obligation to promptly notify the persons and organizations mentioned above may be delayed to accomplish appropriate law enforcement objectives, but only to the extent that public health and child protection responsibilities are not unnecessarily compromised. Section 5. Seizure of Property. When the clandestine drug lab site or chemical dump site is inside a vehicle, boat, trailer or other form of moveable personal property, law enforcement authorities, upon the direction of the Duty Officer. Chemical Assessment Team (CAn and Crime Lab. shall immediately seize it and not allow it to be transported except to a more secure location. In such circumstances, all other requirements of this ordinance shall be followed as closely as possible given the specific type of property in which the site is discovered. Section 6. Action by City Duildin!! Official. 1. Inspection and Declaration of Nuisance. Within 48 hours of notification that law enforcement authorities have determined the existence of a clandestine drug lab site or chemical dump site, the City Building Official shall inspect the site to determine the appropriate scope of a permanent declaration of public health nuisance. Based on the results of the inspection, the City Building Official may then promptly issue a permanent declaration of public health nuisance and a Do Not Enter-Unsafe to Occupy Order for the affected site to replace the temporary declaration issued and posted by law enforcement. A copy of the permanent declaration and order shall be posted on all doorway entrances to the site or, in the case of bare land, shall be posted in several conspicuous places on the property. 2. Abatement Order. After the permanent declaration of public health nuisance has been issued and posted, the City Building Official shall send written notice to the site owner ordering abatement of the public health nuisance. The abatement order shall include the following information: a. A copy of the declaration of public health nuisance and Do Not Enter- Unsafe to Occupy Order; and b. Information about the potentially hazardous condition of the site; and c. Notification of suspension of the site's renta1license if applicable; and d. A summary of the site owner's and occupant's responsibilities under this ordinance; and e. Information that may help the owner locate appropriate services necessary to abate the public health nuisance. Page 4 of9 3. Notice to Concerned Parties. The Building Official shall also mail a copy of the permanent declaration of public health nuisance, a copy of this ordinance, and a notification of the suspension of the site's rental licensees, if applicable, to the following concerned parties at their last known address: a. Occupants or residents of the site if the identities of such persons are known; and b. Neighbors in proximity to the site who may be reasonably affected by the conditions found; and c. The City Administrator; and d. The Community Development Director; and e. The City Police Department; and f. The appropriate enforcement division of the Drug Enforcement Administration of the U.S. Justice Department; and g. Other City, State and Local authorities, such as the city Water Department, the Minnesota Pollution Control Agency, the , and the Department of Natural Resources which are known to have public and protection responsibilities that are applicable to the situation. 4. Modification or removal of declaration. The City Building Official is authorized to modify or remove the declaration of public health nuisance after the Building Official receives documentation from a City approved environmental hazard testing and cleaning firm stating that the suspected health and safety risks, including those of neighbors and potential dwelling occupants, either do not exist or have been sufficiently abated or corrected to justify amendment or removal of the declaration. Section 7. Site Owner's Responsibility to Act. Within ten (10) business days of the date the abatement order is mailed to the owner of the site, the owner shall accomplish the following: 1. Provide the City Building Official, City Administrator and City Attorney with written notification: a. That the owner has confirmed that all persons and their pets have vacated the site; and b. Of the name(s) of all children who the owner believes were residing at the site during the time period the clandestine drug lab or chemical dump site is suspected to have been at the site; and c. That the site will remain vacated and secured until the public health nuisance is completely abated as required by this ordinance. 2. Contract with one (1) or more City approved environmental hazard testing and cleaning firms to conduct the following work in accordance with the most current Minnesota Department of Health guidelines: Page 5 of9 a A detailed on-site assessment of the extent of contamination at the site and the contamination of the personal property therein; b. Soil testing of the site and testing of all property and soil in proximity to the site which the environmental hazard testing and cleaning firm determines may have been affected by the conditions found at the site; and c. A complete clean up of the site (including, but not limited to, the clean up or removal of plumbing, ventilation systems, fixtures and cont.arninated soil) or a demolition of the site and complete clean up of the demolished site; and d. A complete clean up, or disposal at an approved dump site, of all personal property in the site; and e. A complete clean up of all property and soil in proximity to the site which is found to have been affected by the conditions found at the site; and f. Remediation testing and follow-up testing, including, but not limited to, testing of the ventilation system and plumbing, to determine that all health risks are sufficiently reduced, according to Mimiesota Deparment of Health guidelines, to allow safe human occupancy and use of the site and use of the personal property therein and of all property and soil in proximity to the site. 3. Provide the City Building Official with the identity of the testing and cleaning. firm with which the owner has contracted for abatement of the public health nuisance as required above; and 4. Sign an agreement with the City Building Official establishing a clean up schedule. The schedule shall establish reasonable deadlines for completing all actions required by this ordinance for abatement of the public health nuisance. In determining appropriate deadlines, the City Building Official shall consider practical limitations and the availability of contractors in approving the schedule for clean up. The site owner must meet all deadlines established on the clean up schedule. Also, pursuant to the deadlines established by the clean up schedule, the site owner is required to provide the City Building Official with written documentation of the clean up process, including a signed statement from a City approved environmental hazard testing and cleaning firm that the site, all personal property therein and all property and soil in proximity to the site, is safe for human occupancy and use and that the clean up was conducted in accordance with the most current Minnesota Department of Health guidelines. Section 8. Site Owner's Responsibility for Costs. The site owner shall be responsible for all costs, including those of the City, of dealing with and abating the public health nuisance, including contractor's fees and the City's Page 6 of9 costs for services perforined in association with the clandestine drug lab site or chemical dump site clean up. The City's cost may also include, but shall not be limited to: 1. Posting of the site; and 2. Notification of affected parties; and 3. Securing the site, providing limited access to the site, and prosecution of unauthorized persons found at the site; and 4. Expense related to the recovery of costs, including the assessment process; and 5. Laboratory fees; and 6. Clean up services; and 7. Administrative fees; and 8. Legal fees; and 9. Other associated costs Section 9. City Action and Recovery of Costs. 1. If the building owner fails to comply with any of the requirements of this ordinance, the City Building Official is authorized to take all reasonable actions necessary to abate the public health nuisance including, but not limited to, contracting with a City approved environmental hazard testing and cleaning firm to conduct the work outlined in Section 7 of this ordinance. The Building Official is also authorized to provide a copy of the declaration of public health nuisance to the lien and/or mortgage holders of the affected site to help assure that persons with interest in the site have access to information about the declaration of public health nuisance. 2. If the costs to clean the site or to clean the personal property at the site are prohibitively high in relation to the value of the site or the personal property, the City is authorized to remove or demolish the site, structure or building and/or dispose of the personal property therein. These actions shall be taken in accordance with the provisions of Minnesota Statute Chapter 463 together with any amendments or modifications thereto. 3. If the City abates the public health nuisance, in addition to any other legal remedy, the City shall be entitled to recover all of its out of pocket costs plus an additional 25 percent of such costs for administrative and legal expense. The City may recover costs by civil action against the owner of the site or by assessing such costs as a special charge against the site as taxes and special assessments are certified and collected pursuant to Minnesota Statute ~ 429.101 or according to the provisions of Minnesota Statute Chapter 463 together with any amendments or modifications thereto. Page 7 of9 .. Section 10. Recovery of Costs from Persons Causinl! Damal!e. No provisions of this ordinance are intended to limit the site owner's, residents' or the City's right to recover costs incurred under this article from either the persons contributing to the public health nuisance, such as the operators of the clandestine drug lab, and/or from other lawful sources. Section 11. Site Owner and Address. When the site is real property and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the property's taxpayer's name and address as that information is maintained by the County Auditor's Office. When the site is a vehicle, boat or trailer and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the person on file as the owner on the current or most recent title to the vehicle, boat or trailer. Section 12. SusDension of Residential Rental Certification. Upon issuance of a permanent declaration of public health nuisance, any residential rental certificate issued by the City for the site, or any part thereof, is hereby declared to be immediately suspended pending full compliance with this ordinance. Section 13. Unauthorized Removal of Postinl!s. It is unlawful for any person, except authorized City personnel or Public Health Officials. to remove a temporary or permanent declaration of public health nuisance and/or Do Not Enter - Unsafe to Occupy Order from a chemical dump site or a clandestine drug lab site. Section 14. Entry Into or Onto Site. While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no persons are permitted to be inside the site, or on the site property without prior written consent of the City Building Official or as otherwise authorized by this ordnance. To confirm compliance with this ordinance and to execute their duties under this ordinance, law enforcement officers, the City Building Official, and any persons designated by the Building Official, may enter onto the site property or enter into the site at any time while a declaration of public health nuisance is in effect for the site. Section 15. Removal of Personal ProDertv from the Site. While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no personal property any be removed from the site without prior written consent from the City Building Official. Consent to remove personal property shall only be granted at the reasonable discretion of the Building Official, and only in cases of hardship after: Page 8 of9 1. A City approved environmental hazard testing and cleaning firm has advised the City, in writing, that the item(s) of personal property can be sufficiently cleaned to remove all harmful contamination; and 2. The owner of the personal property agrees in writing: a. That the owner is aware of the danger of using the contaminated property; and b. That the owner will thoroughly clean the property to remove all contamination prior to the use of the property; and c. That the owner releases and agrees to indemnify the city, its Staff, and the City Council from all liability to the owner and/or third persons for injuries or damages caused, or alleged to have been caused, by the contaminated property. Section 16. Violations and Penalties. Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statute ~ 609.02, Subd. 3. Section 17. Effective Date. The effective date of this Ordinance shall be after its passage and publication according to law. Adopted by the Centerville City Council this Mayor, Terry Sweeney City Clerk Published in the Quad Community Press on Page 9 of9 August 13,2003 TO: The Honorable Mayor and City Council Member~ City of Centerville Request modification of Development Contract Hunters Crossing 2nd Addition from _ Richard S. Carlson Development,.LLC, a Minnesota limited liability company (the Developer) and the City of Centerville, a municipaf~corporation organized under the laws of the State of Minnesota (the City). A. Page 5. C. Street and Utility Improvements. Paragraph 3. Prior to the preparation of final plans and specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow in the amount of $12,500.00 to provide for financing the cost of preparing the Development Contract and said final plans and specifications by the City Engineer. Furthennore, the Developer shall also provide a cash escrow to the City in an amount indicated in writing to provide for financing the cost of inspection, staking, and construction administration by the City Engineer. ADD: The rmal determination of utility cost by the City Engineer will include the reconciliation of the above escrows and this amount will be subtracted from the 30% indirect costs as per the feasibility study. B. 6. G. Occupation of premises. OCCUPATION OF PREMISES. The Developer further agrees that it will not cause to be occupied any. premises upon the plat or any property within the plat until the completion of the gas,. electric, telephone, cable television, 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 Private and Street and Utility Improvements described in this Contract, and as detailed in paragraph B.2(b). Building Permits shall be issued only within the constraints as set forth previously herein. ADD: The Developer agrees that two building permits for model homes may be issued upon approval of the preliminary plat. The right to obtain such building permits shall be contingent upon the execution of this development contract, providing aU. letters of credit necessary hereunder and posting the appropriate cash escrow required herein. Construction shaD be limited to maintain a minimum distance of 150' from the furthest exterior wall to an improved street as per the State Fire Code. C. Maintenance of Center Islands Entrys. , ON DEVELOPMENT, LLC Richard S. Carlson Date~ /\ 2-.("0 "t::, , Its: Chief Manager . ~11~ Bonestroo fJI Rosene ~ Anderlik & 1 \11 Associates Engineers & Architects Bonestroo, Rosene, Anderllk and Associates, Ine. Is an AffIrmative ActIonlEqual Opportunity Employer and Employee OWned PrincIpals: Otto G. Bonestroo, P.E. . Marvln L. Sorvala, P.E. . Glenn R. Cook, P.E. . Robert G. Schunlcht, P.E. . Jerry A. Bourdon, P.E. . Mark A. Hanson, P.E Senior Consultants: RobertW. Rosene. P.E.' Joseph C. Anderllk, P.E.' RIchard E. Turner, P.E. . Susan M. Eberlin, C.PA Associate Principals: Kalth A. Gordon, P.E. . Robert R. Pfefferle, P.E. . RIchard W. Foster, P.E. . David O. Loskota, P.E.. . Michael T. Reutrnann, P.E. . Ted K. Field, P.E. . Kenneth P. Anderson, P.E. . Mark R. Rolfs. P.E. . David A. Bonestroo. M.BA . Sidney P. Williamson, P.E., L.S. . Agnes M. RIng, M.BA . Allan RIck Schmidt, P.E. . Thomas W. Peterson. P.E. . James R. Maland. P.E. . Milas B. Jensen, P.E. . L. Phillip Gravel III. P.E. . Daniel J. Edgerton, P.E. . Ismeal Martinez, P.E. . Thomas A. Syfko. P.E. . Shaldon J. Johnson. Dele A. Grove, P.E. . Thomas A. RouShar, P.E. . Robert J. Devery, P.E. OffIces: SI. Paul. St. Cloud, Rochester and Wlllmar, MN . Milwaukee. WI . Chicago, IL Webslte: www.bonestroo.com August 11, 2003 Kim Moore Sykes City of Centerville 1880 Main Street Centerville, MN 55038-9794 Re: Mound Trail Reconstruction Our File 616-98-806 Dear Kim, Information regarding the reconstruction of the west end of Mound Trail was recently sent out to Larson Contracting, Inc. A price quote was received on July 24, 2003 for $68,995.00 to perform the necessary street work. We recommend approval of this quote, based on the following explanation. Carl Buechler and the City of Centerville originally (1998) agreed to split the cost of street reconstruction in front of the 5 lots know as Buechler Estates. This total length is 560'. Mound Trail extends past Buechler Estates another 342' and ends in a cul de sac. This entire length of rural street (902') is in poor condition, and City Staff decided it was best to get a price to repair all 902' at this time. A cost breakdown was performed to determine how much each party should pay. The City and Carl should split the costs in front of Buechler Estates, while the City and two residential properties west of Buechler Estates should finance the remaining. Buechler Buechler Total 15% TOTAL Estates Estates to Construction Indirect PROJECT Party (560') CDS (342') Cost Costs COST City of Centerville $19,848 $27,293 $47,141 $7,071 $54,212 Carl Buechler 19,848 19,848 2,9077 22,825 Drilling 1,003 1,003 151 1,154 Holhizer 1,003 1,003 151 1,154 TOTAL $39,696 $29,299 $68,995 $10,350 $79,345 2335 West Highway 36. St. Paul, MN 55113.651-636-4600. Fax: 651-636-1311 The Drilling and Holhizer parcels each have 100 feet of frontage along Mound Trail. The total front footage on the section of street west of Buechler is 730'. 100' + 730' x $29,299 = $4,012 From the Draft Pavement Management Report, it is recommended that residents be assessed for 25% of the cost to reconstruct a street. $4,012 x 0.25 = $1,003 each A 15% indirect cost was added for engineering design, project management and construction inspection. The remaining front footage to the west and north of Lloyd Drilling is Anoka County Park property. This can't be assessed and was therefore shown as a City cost. The Contractor, Larson Contracting, can perform the work in August or September 2003. The weather has been dry, so the existing Mound Trail pavement should support the truck traffic that will be necessary to rebuild the road. The City Attorney has reviewed the quote and discussed the proposed work with staff and myself. If it recommended the quote be approved so the work can be done as soon as possible. I can be reached at 651-604-4868 with questions. Yours very truly, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. Thomas W. Peterson TWP:crw 2335 West Highway 36. St. Paul, MN 55113.651-636-4600. Fax: 651-636-1311 R & R Leasing, Inc. P.o. Box 368 Hugo, MN 55038 AUG 0 4 2003 651-426-0896 July 31, 2003 Kim Moore-Sikes City Administrator 1880 Main Street Centerville, MN 55038 Re: City of CenterviJle v. R & R Leasing, IJ'lc. Dear Ms. Moore-Sikes: I am putting in writing the settlement proposal I dis~ with you this DlOJ:I:ling. 1) R & R Leasing would pay $5,000 for a Dismissal with prejudice and without costs of CenterviJJe "s lawsuit against R & R Leasing. 2) The City of Centetville would resume the c:ondenmation of the Carpenter sliver of property. All COlldeum.ation e~s would be guaranteed to be paid by R & R Leasing. 3) If 2 I II Street is put in from the Dairy Queen to Cedar Street, R. & R Leasing would build Fairview trom 20111 to 21.11 Street. Please let me know if this would constitute an agreeable basis for handling these matters. Thanks. Yours vet)' truly, R & R Leasing, Inc. -(~~ --- Gerald L. Rehbein . ervil{e 'Esta6Cisftd 1857 MEMORANDUM DATE: August 13, 2003 TO: Honorable Mayor and Councilmembers Kim Moore-Sykes, City Administrator ~ FROM: RE: Water Issues Associated with Pheasant Marsh ......................................................................... Wes Schoeberlein, 1744 Partridge Place, stopped into City Hall on Wednesday morning to reiterate his concerns regarding the increased water issues he is having on his property that he feels is as the result of the construction of Pheasant Marsh. He had been at the Planning and Zoning meeting the evening before and spoke on this issue. While he is not against the construction that is occurring at Pheasant Marsh, he indicated that he just wants the City to scrutinize more closely Ground Development's engineering and elevation plans. Mr. Schoeberlein reported that he had water in his basement and a flooded driveway for the first time ever this spring. As a result, he is installing drain tile around his foundation and trying to maintain his landscaping to keep water draining away from the house but he is concerned about his driveway. Attached are copies of photos that he brought with him to the P & Z meeting. \;> ~ 0;:., ~ . J'. ." ., . "t ;l ~ TO: Honorable Mayor and Council Members Teresa Bender, City Clerk1.~' FROM: SUBJECT: Mr. Dave Kilian, 1695 Sorel Street (Construction of two (2) Accessory Buildings - M-1) August 6, 2003 DATE: Mr. Kilian appeared before the Planning and Zoning Commission last evening in regards to the attached Building Permit Application, Site Plan, Building Design and the need for a Site Plan Review for construction of new structures in the M-l District. The following Sections and Divisions of Ordinance #4 pertain to Mr. Kilian's request: Section 080-120: Mixed Use District (M-l) Division 85: Zero Lot Lines Division 70: Site Plan Review Required Mr. Kilian desires to increase the size of the building that was proposed to be 22' x 22' to 22' A 24". 2f '! .33 The Planning and Zoning Commission recommended the approval of the site plan with the requested enlargement of the 22' x 22' building to 22' x 24' and the construction ofa 18'X22'~ m ~ ~ / fILe ~ ~/-- r. Ii ..' , c~ .EoI~.18!'7 BUILDING PERMIT APPLICATION CITY OF CENTERVILLE SITE ADDRESS: J b , ~ 50- ~e l- S.,-. LOT: BLOCK: SUBDMSION: OWNER'S NAME: 17 AV I P P. J(. r c... ,,q~ CONTRACTOR 5 EL.F TELEPHONE#: 6 ~3-O311 CeLl. z.,~- 55"'2 LICENSE #: EXEMPT - Attach Documentation CONTRACTOR'S NAME & ADDRESS: TYPE OF WORK: NEW r.... ADDmON REPAIR OTHER D ;:;;--w - D ~ DESCRIBE WORK: -z. jJ" ~ 2. 'Z...' ~ltfLRqe: 1 J';1J ;e.Z1..' 5;iep ~ , ZONlNG' CLASSIFICATION: at- ENERGY CODE CATEGORY: 1 2 APPROVED USE: ESTIMATED VALUE: 9, '" 0 ~ . ala TYPE OF CaNST: I'(LJI J1 eo SIZE OF BLDG: (SQ. FT.): L( co t.t J 3 ,~ 9 ************************************************ OFFICE USE ONLY: ZONING: RICE CREEK WATERSHED: SOIL REPORT: FIRE DEPT.: _ OTHER: THE UNDERSIGNED MAKES APPLICATION FORE A PERMIT TO UNDERTAKE CONSTRUCTION AS SPEClFIED ABOVE AND AGREES TO COMPLY IN ALL RESPECTS WITH THE BUllDING CODE AND ALL CITY OF CENTERVILLE ORDINANCES AND TO ASSUME RESPONSlBIIJTY FOR EMPLOYEES, AGENTS AND SUB-CONTRACfORS AND CONSENT TO NECESSARYlNSPECTIONS. ENFORCEMENT AND ADMINISTRATION OF THE MlNNESOTA STATE BUILDING CODE IS A PUBUC SERVICE AND IS OF NECESSITY, LIMITED IN NATURE, CONSEQUENTLY, 1HIS BUllDlNG PERMIT AND THE SUBSEQUENT BUILDING lNSPECTIONS ARE NOT TO BE CONSTRUED TO BE RELIED UPON AS ANY TYPE OF WARRANTY. GUARANIEE. OR REPRESENTATION ON THE PART OF THE CITY lHAT THE PLANS, CONSTRUCTION OR FINISHED PRODUCTS ARE NECESSARILY BY CONFORMANCE WITH THE PROVISIONS OF THE MINNESOTA STATE BUILDING CODE OR OlEER APPUCABLE . CONSTRUCTION STANDARDS. FURTHER, THE CITY ASSUMES NO RESPONSmll.ITY OR lJABIUTY FOR DAMAGES OF ANY NATURE ALLEGEDLY ARISING OUT OF THE ISSUANCE OF THIS PERMIT OR SUBSEQUENT INSPECTIONS. tf7~ APPLICANT'S SIGNATURE DATE ******************************************* 7 -~o -o~ - $ /~ .r~I/ VALUATION BLDG. PERMIT if II BUILDING PERMIT CITY OF CENTERVILLE. MINNESOTA Date: Pennit No. I Ow~ ~;~~ Address I b '7 ~ ~ ~~N ColU?Z- ~T 1= s~ WCATlON OF PROPOSED BUILDING Number Zoning Classification Street Part of Lot LEGAL DESCRIPTION Lot I Block DESCRIPTION OF PROPOSED WORK Addt'n or Sub-Diy. I. Description: Type of Construction: Occupancy Valuation $ If" 3' ~ N (Commct of Mm'ket VaJIIll) 3-- '10- No. of Stories: I'l~ Area: Description of OrclimUlce Variance(s) if granted with this penn it: Parks Residential Equiv. Water Meter Stonn Sewer Mailbox Other Total Unit (REU) Water Hookup SAC. Site Maintenance CITY FEES PERMIT FEES Fee Per Schedule Surcharge Permit Fee Plan Review Pennission is 1~'CbY granted to ~ ~...._ / ~ J ~.A to C~~~ a building a.~ hen:in 'bed. This permit is granted upon the ex n:ss condition lb!i the II. pIlrtnership. firm or corporati to w it is granted. together with his agents. employeees. workmen ami subcontractors agree to abide by and conform to all Ordinances of the City of Centerville regarding the construction. alteration. maintenance. repair and demolition of buildings within the City; and that this permit may be revoked al any lime upon evidence of violations of any of Ihe provision.~ of said Onlinnnces. L., 1 ~ . q 1 Issunnce of a building permit is nolto be construed Dr relied upon as a WUffiUIlY. guarantee.. or representation on the part uf the Cily Ihll1 the eon.~ruction or finished product covered under lhis building permil is neces.~arily in conformation with the Slate building code or oth.:r applicable eon...1ruclion slandards. The City a.<;.~umes no responsibility or liability for damages arising out of the is.~uance of this building permit. The permittee further mene!: the work covered by Ihis permit within sixly (60) da)'s of the dole hereof and tQ complete all such work by . Su~sion or abandonment Dr such work for a period of one hundred and eighty ( 180) s shull result in the uutornntic revocation of Ihis permit as provi by 0 mance. PERMITIEE By: By: " , g" I J 4 .. \Sl ~ ~~ \ L ~~ \0- J t :::;. .. --I "'J"r .~ rJ' 18' la' 22' 1&95 SOREL ST. II 11' l- lL.. d Vl '<r l'- o .... " c -< o a: w ....J ....J ..... > a: w I- Z W U v v N N ~ ,0, .' ~.~~,:. ...c~~'~~'~~!J;k .~'Y:~~f,. ...... . ..... 'ifj~~@j~!lf~~~~~:r,;~J;J~~ittlil~ ** *.t~bj~~.$~~~J.t~~.~i(YJJ!!'J .. :~ij~{JOijllt8r;.tO ~'q~.~e'~II!'~~iiali.~** .....' v OU'S ~lR.-,..~p.'..<.~J,'..;.;T.."'.'..~...'9..'.'.'.a.:.:.._.~....,.......:.:_.,a.".,~.'.".'g.-,"';. r ,.~'e <,o....:.'.;~....f.'.'l..,~~.. y;,'. . 22' Wide'X:fi~~'~eepX'8i':Hi9h:;. " . ,... ." .<\~~){,"\\,~, . 6able roof VII 6/1Z',pifchJraisses ,t O.c. 2411 gable/12" eaveoverha'ogs 1/1611 ass "'aflSheathing 7 /1611 OSS Roof.:Sheathing Slate Vinv' 411 Dutch-lap Siding 20 yr. S.tandardglass,DuafGray Shingles White Vinyl Soffif'Be Fascia White Aluminum Regular Roo' Edge White vinyl overhead door jamb 1 - Garage Door Opener(s) Iu;~~ ~;>, " . ,~f~ "'~:/~<'>"" . ,~...{'\.....\r:~~\"8 e 8 8 1,,L-~1 " "( \,,., I " ".'" 1.~' ,;.' ' _------' . :X", -- ----- I ...., .~ rDa~vs cost for maferials estimated in this design: $ 5033,07 Base9arage.,withour,~ptio~s:, $~~:?~2.,61 *The bU8 ~rlCle IlIcIQd~:' ad Eave lon' Gt&le OverhR~9s, Frmlrl9 M'ijeriila-,. 7/16 OS8 R04f Sheathing, to yr.fjbei'gl.essClllSslc ~OnyxBlirl:lC.sh~8S; Pine .Fasi:i8~G41 van ized~golar Roof ,Edge,a"r extllred V ertiealf{afaooiJrd Siding, No Service Doors, No'O,\'srbead DoOfS,'fio Wlndows,oriAnyOt~~rQPtlons. Iff l' Y ~ , :~rolli VieVl // '..::=:.:.;~-- ~ fI1 Approved ~,~,: . subject to comr~" . ,,':,' Q Su.,v.l. ".........io. .; ':v .~: lJvdh all codes arie ordinances. I~ . 7!{~? Back View JU..-29-2B03 14: 15 RICE CReEK WATERSHED 651 766 4196 P.02/02 432S PlUlusnt Ridp Or. NE 1611 . Blaine. MN 55449--3070 Phone: 763.3.3070 . Fax: 7&398-3088 WW\V.riceaeekwd.com July 29. 2003 David Killian ]695 Sorel Street Centerville, MN 55038 Dear Mr. KiIUart.. This letter Js to document that I reviewed your proposed project site located at 1695 Sorel Street in the City of Centerville and determined that if would not reqtrlre a Rice Creek Watershed Dmrict Grading Permit. Please caD me if you have any questUms. 0, Sincerely, 1L1 !l.~ .'. ft- Kat! Hammers Permit Coordinator C: City ofCenterville SOARD OF A.J. CUdinaf, 51: MANAGERS > AMb. County RttpIC.AIlcen ~A.1.a'ImlI; BarfnaaA. Haske RoDII:lC,Doep ~<:ou~ WasIlInpIn Cllunr:y RamseyO;nmty Anoka Counq TOTAL P.02 !il , DEVELOPMENT CONTRACT PELTIER PRESERVE CENTERVILLE, MINNESOTA TIllS AGREEMENT, made and entered into this day of . 20--, by and between the City of Centerville, a municipal corporation organized under the laws of the State of Minnesota (the "City"), and Gonyea Homes. a Minnesota Limited Liabilitr Coqx>ration (the "Developer"). RECITALS: WHEREAS, the Developer has received approVal from the City Council for a preliminary plat of land within the corporate limits of the City, which plat is known as Peltier Preserve, hereinafter called "Subdivision"; and WHEREAS, the Developer has requested the City to construct all surface streets, sidewalks, curb and gutter, recreational trails, storm sewer, drainage facilities, water main and sanitary sewer facilities, hereinafter referred to as "Street and Utility Improvements"; and WHEREAS, the Developer and the City desire to establish herein the financial responsibility for the Street and Utility Improvements; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the plat, hereinafter referred to as "Private Improvements". NOW, TIIEREFORE, in consideration of the mutual promises of the parties made herein, it is agreed by and between the parties as follows: A REPRESENTATIONS OF DEVELOPER. As inducement to the City's approval and authorization to proceed with construction and entering into this Agreement, the Developer represents and warrants to the City: 1. That the Developer is the fee owner of the property and has authority to enter into this Agreement.- 2. That the sUbdivision complies with all City, County, State and Federal laws and regulations, including but not limited to City subdivision ordinances and zoning ordinances. 3. The subdivision complies with all wetland protection legislation. '" , B. PRIVATE IMPROVEMENTS. The Developer will construct and install at Developer's expense the general improvement construction according to Ordinance #8 and other improvements specific to the development herein set forth: 1. Cost of Private Improvements, desaiption: a. Street name signs (installed by the City) approximately..l. @ $250 each $500.00 b. Traffic signs, stop signs, etc. (installed by the City) approximately -Z.. @ $250 $500.00 c. Utility markers approximately -Z.. @ $100 each $200.00 d. Street sweeping 10 @ $250.00 each $2,500.00 e. Lot access graveVsilt fence -Z.. @ $500 eacbIlot $10,000.00 f Flushing of storm sewers, once per year until all lots are built upon -Z.. @ $500.00 each $1,000.00 g. Street lights approximately ..i. @ $2,000 $8,000.00 h. Shade trees (balled and burlapped) 2 per lot at $200.00 each @ ..2Q.. $8,000.00 1. Final Grade/Sod, 20 lots @ $2,000/lot $40,000.00 J. Snowplow service of streets 25 @ $100 / plowing $2,500.00 k. City administration for review and compliance of above - 30 hours @ $50 / hour $1,500.00 Total Estimated Cost $74,700.00 Developer Retainage (150%) $112,050.00 All of the above items under Section B with the exception of the trees and sod on unbuilt lots shall be completed and/or provided to the City by October 10. 2004. 2 2. Also included as items associated with the Private Improvements, the Developer shall undertake or arrange to accomplish the following: a. Site Development Issues 1. Coordinate with the utility companies to provide for gas main, telephone lines, cable television lines, and power lines to service the properties developed on the final plat according to the City's joint trench policy. ii. Provide seeding and vegetation maintenance and erosion control over denuded or graded areas and mitigation area, at the City's direction. iii. Establish lot comer monumentation within 180 days after filing the final plat. iv. Provide such street maintenance and control of builder's actions to maintain roadways clear of mud, soil, and debris to provide safe driving. surfaces. The Developer shall provide street sweeping within 24 hours of the City's request for such services. v. Provide for landscaping in accordance with the City ordinances and Developer's approved landscape plan. The Developer shall accomplish or cause to be accomplished these actions according to generally accepted trade standards. The Developer will cause to be furnished to the City a schedule of proposed operations at least five days prior to commencement of the construction activities. b. Site Grading, Street Construction and Building Permits. No certificate of occupancy shall be issued without installation of bituminous base course across the front lot line of that property. No building permit shall be issued for any lot without the finished grading in accordance with the approved grading plan. c. Erosion Control. The Developer shall control erosion insuring: 1. The Developer shall submit an ero.sion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. ii. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures 3 as required by the City shall be installed prior to development when necessary to control erosion. ill. Land shall be developed in increments of workable size, as determined by the City Engineer, such that adequate erosion and siltation controls as directed by the engineer can be provided as construction progresses. The smallest practical area of land, as determined by the City Engineer, shall be exposed at anyone period of time. IV. 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. The Developer shall also 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 water service curb stops to bring them flush with the topsoil (before occupancy). All disturbed areas shall be seeded. d. Inspection. All of the work shall be under and subject to the inspection and approval of the City, City Engineer, and where appropriate, any other governmental agency having jurisdiction. e. Faithful Performance of Construction Contracts and Letter of Credit. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Private Improvements and hereby guarantees the workman~hip and materials for a period of two years following the City's :final acceptance of the Private Improvements. The Developer agrees to guaranty for a period of one year the tree plantings required as part of the Developer's Agreement. Each specific tree guaranty period shall begin with the planting of each specific tree. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or an Irrevocable Letter of Credit, based on one hundred fifty percent (1500.10) of the "total estimated cost of the Private Improvements as indicated in Paragraph B 1. 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 guaranty and assure performance by the Developer of all the terms and conditions of Paragraph B 1 of this Development Contract. Such Letter of Credit may be reduced upon completion and acceptance of the Private Improvements by the City to an amount deemed adequate by the City Engineer to cover the two year warranty period described herein. The City shall have the right during said warranty period to draw on the Letter of Credit for any warranty work that is necessary. The Irrevocable 4 Letter of Credit shall be renewed or replaced by not later than twenty (20) days prior to its expiration with a like letter. f. Reduction of Escrow Guaranty. The Developer may request a reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed Private Improvements at the time of the requested reduction. The amount of reduction will be determined by the City and such recommendation will be submitted to the City Council for action. g. Approval of Contractors. Any contractor selected by the Developer to construct and install any Private Improvements must be determined in writing by the City Engineer to be acceptable. The City reserves the right to require satisfactory proof of successful experience and adequate financial status by any such contractor. C. STREET AND UTILITY IMPROVEMENTS. In accordance with the policies and ordinances of the City, the "Street and Utility Improvements" include those improvements as described by the plans, specifications, and contract documents entitled Peltier Preserve Street and Utility Improvements, as prepared by the City Engineer and as adopted and approved by the City Council. The Developer hereby requests that the City install and/or modify the necessary streets, sanitary sewer, water, municipal storm sewer to service the proposed development. The City agrees to proceed pursuant to Minnesota Statutes Chapter 429, the Petition for Local Improvement signed by Developer dated June 27, 2003 signed July 18, 2003, and the Agreement of Assessment and Waiver of Irregularity and Appeal signed by Developer dated June 27,2003 signed July 18,2003, and to specially assess 100010 of the cost of said improvements to the subject property, with the exception of those costs attributable to the oversizing of the watermain, which costs are as set forth in the Peltier Preserve Street and Utility Improvements as prepared by the City Engineer. Said oversizing costs will be the responsibility of City. As provided by Minnesota Statute 429, this waiver of rights of appeal is effective for the amount of $502,000 (excluding change orders during construction). Prior to the preparation of final plans and specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow in the amount of $12,500 to provide for-fiaancing the cost of prepariBg the Development CQntract a:Rd- said :final plans and specifications by the City Engineer. Fwthermore, the Developer shall also provide a cash escrow to the City in an amount indicated in writing to provide for financing the cost of inspection, staking, and construction administration by the City Engineer. D. COVENANTSIRESTRICTIONS. Developer hereby agrees to place certain covenants against the subject property, restricting its development to single family home construction. Said covenants shall be approved by the City and recorded against the Property. 5 E. RECORDING AND RELEASE. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder/Registrar to give notice to future purchasers and owners. F. REIMBURSEMENT OF COSTS. Except as limited by Minnesota Statute 462.3531, 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. G. OCCUPATION OF PREMISES. The Developer further agrees that it will not cause to be occupied any premises upon the plat or any property within the plat until the completion of the gas, electric, telephone, cable television, 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 Private and Street and Utility Improvements described in this Contract, and as detailed in paragraph B.2(b). Building Permits shall be issued only within the constraints as set forth previously herein. H. OWNERSIDP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. I. INDEMNIFICATION AND HOLD HARMLESS. The Developer shall hold the City and its officers and employees hamiless from claims made by itself and third parties for damages sustained or costs incurred resulting from subdivision plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, dam~ges, or expenses which the City may payor incur in consequence of such claims, including reasonable attorneys fees. Provided that nothing herein shall require Developer to indemnify the City, its officers or employees from any violation of law or from the consequences of their own negligence. 1. PROmBmONS AGAINST ASSIGNMENT OF AG~. Developer represents and agrees that prior to the co~letion of the Developer improvements as certified by the City: 1. Except by way of security for, and only for the purpose of obtaining financing necessary to enable the Developer to perform its obligations with respect to the construction of the improvements under this Agreement and any other purpose authorized by this Agreement, the Developer (except as so authorized) will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or transfer in any other mode or form, with respect to 6 this Agreement or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. 2. In the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City shall be deemed to relieve Developer from any of its obligations. In the event that the City approves a substitute Developer and the property is transferred to said substitute, the City agrees to relieve the Developer of liability from performance as described in this Contract. Said substitute shall assume all responsibilities and rights of the Developer under this Contract. Nothing in paragraphs 1 and 2 of this paragraph J shall be construed to limit or restrict Developer's right of ability to sell lots to builders. K. MISCELLANEOUS PROVISIONS. 1. Reimbursement of Costs for Defense. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this Contract, or any portion thereot: including court costs and reasonable engineering and attorney's fees. 2. Validity. If any portion, section, subsection, sentence, clause, paragraph, or phrase in this Contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. 3. Waiver. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 4. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns of the 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. S. Notice. Whenever in this Contract it shall be required or permitted that notice or demand be given or served by either party to this Contract to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses set forth below by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth below until changed by notice given as per above: 7 Developer: Gonyea Homes 50 Groveland Terrace. Suite B Minne.polis. MN 55403 City: City of Centerville Attn.: City Administrator 1880 Main Street Centerville, MN 55038 6. Final Plat Approval. Final plat approval shall be conditioned upon execution and delivery of this Contract and of all required documentation, fees, and securities as set forth herein. 7. Incorporation by Reference. All approved plans, special provisions, proposals, specifications, and contracts for the improvements furnished and let pursuant to this Contract shall be and hereby are made a part of this COntract by reference as fully as if set out herein in full 8. Violation of Agreement. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set forth hereunder may refuse to issue building permits to any property within the plat until such time as such default has been corrected to the satisfaction of the City. . 9. Park Dedication. The parties mutually recognize and agree that park dedication requiremeirts as provided in the City Code shall be satisfied by cash payment of $57.000.00 calculated at $3.000.00 per lot multiplied by 19 lots. 10. Storm Water Fees. The storm water fee shall be paid by the Developer prior to approval of the final plat. This fee is $10.398.00, based on a charge of $.01546 per square foot of 15.44 acres of platted area. 11. Liability Insurance Requirement. The Developer shall provide to the City, at the Developer's expense, general public liability and property damage insurance including vehicle coverage protecting the City and the Developer from all claims for persomiJ. injury, including death, and all claims for construction of or damage to property, arising out of or in connection with any operations under these contract documents, whether such operations be by the Developer, its contractor, or by any subcontractor, or anyone directly or indirectly employed by the contractor or by a subcontractor under it. Insurance shall be written with a limit of liability of not less than $600,000 for all damages arising out of bodily injury including death, at any time resulting therefrom, sustained by anyone person in anyone accident; and a limit of liability of not less than $1,000,000 for any such 8 written with a limit of liability of not less than $300,000 for all property damage sustained by one person in anyone accident, and a limit of liability of not less than $700,000 for any such damage sustained by two or more persons in any one accident. The insurance policies shall accompany the contract for its execution by the Developer and the City of Centerville. The above insurance policies shall remain in full force and effect at all times during the process of constructing all improvements set forth herein, and until six (6) months after city acceptance of the Private Improvements and completion of the Street and Utility Improvements. The City, City Engineer, and Developer's engineer shall be an additional named insured in any such policy or policies. IN WITNESS WHEREOF, City and Developer have signed this Development Agreement the day and year first written above. Mayor DEVELOPER: GI96'lye~ wve/;,-J Lit: ~: l!'!I:!r CITY: CITY OF CENTERVllLE By: ATTEST: By: City Clerk STATE OF MINNESOTA) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of . 20 -=--.-, by the Mayor of the-City of Centerville, a municipal COIpOration under the laws of the State of Minnesota, on behalf.ofthe City. Notary Public 9 STATE OF MINNESOTA) . .1 ) ss COUNTY OF /f1t#k ) The fo~oing instrument was acknowledged before me this ~ day of /J ./ 20~ by / the City Clerk of the City of Centerville, ~ corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA) )ss COUNTY OF,4,fv ) The ~ instrument was ~ before me thi.~ daJ~ 20J.L, by, 11!.1U~. the ~...~ ;./.,d of ~ ~_ _ a Minnesota .LL~ . ~~_:J J6:~. - ~ Notary Public TInS INSTRUMENT WAS DRAFTED BY: . ....J.:;:-;J ,,~ TERESA BENDER NOTARY PUBUC-MlNNESOTA My CommIssion Expires Jan. 31. 2005 i? BARNA, GUZV AND STlil']iHN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 (763) 780-8500 (JDIl). 200265_1 10 EXHIBIT B CASH FEES 1. Stormwater Fee 2. Final Plat Filing 3. Administration Fees $loo.001Lot @ 19 Lots 4. Park Dedications Fees $3,OOO.001Lot @ 19 Lots CREDITS 1. Oversizing Utilities SECURITIES 1. Street and Utility Improvements (Disbursement Agreement) 2. Private Improvements (Paragraph AI) TOTAL 11 $10,398.00 $1,900.00 $57.000.00 $69,298.00 $5.000.00 $5,000.00 $740,000.00 $112.050.00 $1,033,398.00 ~ DEVELOPMENT CONTRACT HUNTERS CROSSING 2ND ADDmON CENTERVILLE,MUNNESOTA THIS AGREEMENT, made and entered into this day of . 2003, by and between the City ofCenterville, a municipal corporation organized under the laws. of the State of Minnesota (the "City"), and Richard S. Carlson Development a Minnesota Limited Liability Company (the '':peveloper''). RECITALS: WHEREAS, the Developer has received approval from the City Council for a preliminary plat of land within the corporate limits of the City, which plat is known as Hunters Crossing 2nd Addition hereinafter called "Subdivision"; and WHEREAS, the Developer has requested the City to construct all surface streets, sidewalks, curb and gutter, recreational trails, storm sewer, drainage facilities, water main and sanitary sewer facilities, hereinafter referred to as "Street and Utility Improvements"; and WHEREAS, the Developer and the City desire to establish herein the financial responsibility for the Street and Utility Improvements; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the plat, hereinafter referred to as ''Private Improvements". NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, it is agreed by and between the parties as follows: A. REPRESENTATIONS OF DEVELOPER. As inducement to the City's approval and authorization to proceed with construction and entering into this Agreement, the Developer represents and warrants to the City: 1. That the Developer is the fee owner of the property and has authority to enter into this Agreement. 2. That the subdivision complies with all City, County, State and Federal laws and regulations, including but not limited to City subdivision ordinances and zoning ordinances. 3. The subdivision complies with all wetland protection legislation. ~ B. PRNATE IMPROVEMENTS. The Developer will construct and install at Developer's expense the general improvement construction according to Ordinance #8 and other improvements specific to the development herein set forth: 1. Cost of Private Improvements, description: J. k. a Street name signs (installed by the City) approximately A... @ $250 each $1,000.00 b. Traffic signs, stop signs, etc. (installed by the City) approximately ~ @ $250 $500.00 c. Utility markers approximately -L @ $100 each $200.00 d. Street sweeping --1Q... @ $250.00 each $2,500.00 e. Lot access gravel/silt fence 2Q.. @ $500 each/lot $18,000.00 f. Flushing of storm sewers, once per year until all lots are built upon ..L @ $500.00 each $1,000.00 g. Street lights approximately A... @ $2,000 $8,000.00 h. Shade trees (balled and burlapped) 2 per lot at $200.00 each @ ~(4 for Comer Lot) $17,200.00 $72,000.00 1. Final Grade/Sod, ~ lots @ $2,000/1ot Snowplow service of streets ~ @ $100/ plowing $2,000.00 City administration for review and compliance of above - ~ hours @ $50/ hour $1,000.00 $123,400.00 Total Estimated Cost Developer Retainage (150%) $185,100.00 All of the above items under Section B with the exception of the trees and sod on unbui1t lots shall be completed and/or provided to the City by September 30. 2004. 2 2. Also included as items associated with the Private Improvements, the Developer shall undertake or arrange to accomplish the following: a. Site Development Issues I. Coordinate with the utility companies to provide for gas main, telephone lines, cable television lines, and power lines to service the properties developed on the final plat according to the City's joint trench policy. 11. Provide seeding and vegetation maintenance and erosion control over denuded or graded areas and mitigation area, at the City's direction. ill. Establish lot comer monumentation within 180 days after filing the final plat. IV. Provide such street maintenance and control of builder's actions to maintain roadways clear of mud, soil, and debris to provide safe driving surfaces. The Developer shall provide street sweeping within 24 hours of the City's request for such services. v. Provide for landscaping in accordance with the City ordinances and Developer's approved landscape plan. The Developer shall accomplish or cause to be accomplished these actions according to generally accepted trade standards. The Developer will cause to be furnished to the City a schedule of proposed operations at least five days prior to commencement of the construction activities. b. Site Grading, Street Construction and Building Permits. No certificate of occupancy shall be issued without installation of bituminous base course across the front lot line of that property. No building permit shall be issued for any lot without the finished grading in accordance with the approved grading plan. c. Erosion Control. The Developer shall control erosion insuring: I. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. 11. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures 3 as required by the City shall be installed prior to development when necessary to control erosion. ill. Land shall be developed in increments of workable size, as determined by the City Engineer, such that adequate erosion and siltation controls as directed by the engineer can be provided as construction progresses. The smallest practical area of land, as determined by the City Engineer, shall be exposed at anyone period of time. iv. 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. The Developer shall also 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 water service curb stops to bring them flush with the topsoil (before occupancy). All disturbed areas shall be seeded. d. Inspection. All of the work shall be under and subject to the inspection and approval of the City, City Engineer, and where appropriate, any other governmental agency having jurisdiction. e. Faithful Performance of Construction Contracts and Letter of Credit. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Private Improvements and hereby guarantees the workmanship and materials for a period of two years following the City's final acceptance of the Private Improvements. The Developer agrees to guaranty for a period of one year the tree plantings required as part of the Developer's Agreement. Each specific tree guaranty period shall begin with the planting of each specific tree. Concurrently with the execution hereof by the Developer, the Developer will furnish to, aild at all times thereafter maintain with the City, a cash deposit, certified check, or an Irrevocable Letter of Credit, based on one hundred fifty percent (150%) of the total estimated cost of the Private Improvements as indicated in Paragraph B 1. 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 guaranty and assure performance by the Developer of all the terms and conditions of Paragraph B1 of this Development Contract. Such Letter of Credit may be reduced upon completion and acceptance of the Private Improvements by the City to an amount deemed adequate by the City Engineer to cover the two year warranty period described herein. The City shall have the right during said warranty period to draw on the Letter of Credit for any warranty work that is necessary. The Irrevocable 4 Letter of Credit shall be renewed or replaced by not later than twenty (20) days prior to its expiration with a like letter. f. Reduction of Escrow Guaranty. The Developer may request a reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed Private Improvements at the time of the requested reduction. The amount of reduction will be determined by the City and such recommendation will be submitted to the City Council for action. g. Approval of Contractors. Any contractor selected by the Developer to construct and install any Private Improvements must be determined in writing by the City Engineer to be acceptable. The City reserves the right to require satisfactory proof of successful experience and adequate financial status by any such contractor. C. STREET AND UTILITY IMPROVEMENTS. In accordance with the policies and ordinances of the City, the "Street and Utility Improvements" include those improvements as described by the plans, specifications, and contract documents entitled Hunters Crossing 2nd Addition Street and Utility Improvements, as prepared by the City Engineer and as adopted and approved by the City Council. ~. The Developer hereby requests that the City install and/or modify the necessary streets, .f\ sanitary sewer, water, :municipal storm sewer to service the proposed development. The City agrees to proceed pursuant to Minnesota Statutes Chapter 429, the Petition for Local Improvement signed by Developer dated June 15, 2003 signed June 15, 2003, and the Agreement of Assessment and Waiver of Irregularity and Appeal signed by Developer dated .2003, and to specially assess 100% of the cost of said improvements to the subject property, with the exception of those costs attributable to the oversizing of the watermain, which costs are as set forth in the Hunters Crossing 2nd Addition Street and Utility Improvements as prepared by the City Engineer. Said oversizing costs will be the responsibility of City. As provided by Minnesota Statute 429, this waiver of rights of appeal is effective for the amount of $1,244,134.00 (excluding change orders during construction). Prior to the preparation of final plans and specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow in the amount of $12,500.00 to provide for financing the cost of preparing the Development Contract and said final plans and specifications by the City Engineer. Furthermore, the Developer shall also provide a cash escrow to the City in an amount indicated in writing to provide for financing the cost of inspection, staking, and construction administration by the City Engineer. D. COVENANTS/RESTRICTIONS. Developer hereby agrees to place certain covenants against the subject property, restricting its development to single family home construction. Said covenants shall be approved by the City and recorded against the Property. 5 E. RECORDING AND RELEASE. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder/Registrar to give notice to future purchasers and owners. F. REIMBURSEMENT OF COSTS. Except as limited by Minnesota Statute 462.3531, 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. G. OCCUPATION OF PREMISES. The Developer further agrees that it will not cause to be occupied any premises upon the plat or any property within the plat until the completion of the gas, electric, telephone, cable television, 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 Private and Street and Utility Improvements described in this Contract, and as detailed in paragraph B.2(b). Building Permits shall be issued only within the constraints as set forth previously herein. H. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. I. INDEMNIFICATION AND HOLD HARMLESS. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting fro.m subdivision plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including reasonable attorneys fees. Provided that nothing herein shall require Developer to indemnify the City, its officers or employees from any violation of law or from the consequences of their own negligence. J. PROHIBITIONS AGAINST ASSIGNMENT OF AGREEMENT. Developer represents and agrees that prior to the completion of the Developer improvements as certified by the City: 1. Except by way of security for, and only for the purpose of obtaining financing necessary to enable the Developer to perform its obligations with respect to the construction of the improvements under this Agreement and any other purpose authorized by this Agreement, the Developer (except as so authorized) will not make or create, or suffer to be made or created, any total or partial sale, 6 assignment, conveyance, or transfer in any other mode or form, with respect to this Agreement or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. 2. In the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City shall be deemed to relieve Developer from any of its obligations. In the event that the City approves a substitute Developer and the property is transferred to said substit\;1te, the City agrees to relieve the Developer of liability from performance as described in this Contract. Said substitute shall assume all responsibilities and rights of the Developer under this Contract. Nothing in paragraphs 1 and 2 of this paragraph J shall be construed to limit or restrict Developer's right of ability to sell lots to builders. K. MISCELLANEOUS PROVISIONS. 1. Reimbursement of Costs for Defense. The Developer agrees to reimburse the City for all costs. incurred by the City in defense of enforcement of this Contract, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 2. Validity. If any portion, section, subsection, sentence, clause, paragraph, or phrase in this Contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. 3. Waiver. The action or inaction of the City shall !!!!! constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 4. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. 5. -Notice. Whenever in this Contract it shall be required or permitted that notice or demand be given or served by either party to this Contract to or on the other party, such notice .or demand shall be delivered personally or mailed by United States mail to the addresses set forth below by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth below until changed by notice given as per above: 7 Developer: Richard S. Carlson Development. LLC 7671 Central Avenue Fridlev. MN 55432 City: City of Centervi11e Attn: City Administrator 1880 Main Street Centerville, MN 55038 6. Final Plat Approval. Final plat approval shall be conditioned upon execution and delivery of this Contract and of all required documentation, fees, and securities as set forth herein. 7. Incorporation by Reference. All approved plans, special provisions, proposals, specifications, and contracts for the improvements furnished and let pursuant to this Contract shall be and hereby are made a part of this Contract by reference as fully as if set out herein in full. 8. Violation of Agreement. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set forth hereunder may refuse to issue building permits to any property within the plat until such time as such default has been corrected to the satisfaction of the City. 9. Park Dedication. The parties mutually recognize and agree that park dedication requirements as provided in the City Code shall be satisfied by cash payment of $108.000.00 calculated at $3.000.00 per lot multiplied by 36 lots. 10. Storm Water Fees. The storm water fee shall be paid by the Developer prior to approval of the final plat. This fee is $15.893.00. based on a charge of$.01546 per square foot of23.6 acres of platted area 11. Liability Insurance Requirement. The Developer shall provide to the City, at the Developer's expense, general public liability and property damage insurance including vehicle coverage protecting the City and the Developer from all claims for personal injury, including death, and all claims for construction of or damage to property, arising out of or in connection with any operations under these contract documents, whether such operations be by the Developer, its contractor, or by any subcontractor, or anyone directly or indirectly employed by the contractor or by a subcontractor under it. Insurance shall be written' with a limit of liability of not less than $600,000 for all damages arising out of bodily injury including death, at any time resulting therefrom, sustained by anyone person in anyone accident; and a limit of liability of not less than $1,000,000 for any such 8 . damage sustained by two or more persons in anyone accident. Insurance shall be written with a limit of liability of not less than $300,000 for all property damage sustained by one person in anyone accident, and a limit of liability of not less than $700,000 for any such damage sustained by two or more persons in anyone accident. The insurance policies shall accompany the contract for its execution by the Developer and the City of Centerville. The above insurance policies shall remain in full force and effect at all times during the process of constructing all improvements set forth herein, and until six (6) months after city acceptance of the Private Improvements and completion of the Street and Utility Improvements. The City, City Engineer, and Developer's engineer shall be an additional named insured in any such policy or policies. IN WITNESS WHEREOF, City and Developer have signed this Development Agreement the day and year :first written above. CITY: DEVELOPER: CITY OF CENTERVILLE Mayor By: Its: By: ATTEST: By: City Clerk STATE OF MINNESOTA) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of . 29-, by the Mayor of the Ci~ of Centerville, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public 9 ~ STATE OF MINNESOTA) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of' . 20-, by the City Clerk of the City of Centerville, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this 20-, by the of Minnesota day of a Notary Public TIllS INSTRUMENT WAS DRAFTED BY: BARNA, GUZY AND STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 (763) 780-8500 (JDH) 200265_1 10 . EXHIBIT B CASH FEES 1. Stormwater Fee 2. Final Plat Filing 3. Administration Fees $100.00/Lot @ 36 Lots 4. Park Dedications Fees $3,000.00/Lot @ 36 Lots SECURITIES 1. Street and Utility Improvements (Disbursement Agreement) 2. Private Improvements (paragraph AI) TOTAL 11 $15,893.00 $0 $3,600.00 $108.000.00 $127,493.00 $1,282,925.00 $185.100.00 $1,595,518.00 " Handouts @ Meeting r. August 13, 2003 TO: The Honorable Mayor and City Council Members City of Centerville Request modification of Development Contract Hunters Crossing 2nd Addition from Richard S. Carlson Development, LLC, a Minnesota limited liability company (the Developer) and the. City of Centerville, a municipal corporation organized under the laws of the State of Minnesota (the City). A Page 5. C. Street and Utility Improvements. Paragraph 3. Prior to the preparation of final plans and specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow in the amount of $12,500.00 to provide for financing the cost of preparing the Development Contract and said fmal plans and specifications by the City Engineer. Furthermore, the Developer shall also provide a cash escrow to the City in an amount indicated in writing to provide for financing the cost of inspection, staking, and construction administration by the City Engineer. ADD: The rmal determination of utility cost by the City Engineer will include the reconciliation of the above escrows and this amount will be subtracted from the 30% indirect costs as per the feasibility study. B. 6. G. Occupation of premises. OCCUPATION OF PREMISES. The Developer further agrees that it will not cause to be occupied any premises upon the plat or any property within the plat until the completion of the gas, . electric, telephone, cable television, 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 Private and Street and Utility Improvements described in this Contract, and as detailed in paragraph B.2(b). Building Permits shall be issued only within the constraints as set forth previously herein. ADD: The Developer agrees that two building permits for model homes may be issued upon approval of the preliminary plat. The right to obtain such building permits shaD be contingent upon the execution of this development contract, providing aU letten of credit necessary hereunder and posting the appropriate cash escrow required herein. Construction shaD be" limited to - maintain a minimum distance of 150' from the furthest exterior wall to an improved street as per the State Fire Code. C. Maintenance of Center Islands Entrys. . ON DEVELOPMENT, LLC Richard S. Carlson Dat::b /\ 7..('0 '~ , Its: Chief Manager Aurl1-2003 11: 11 am Frlllll-ANOKA COUNTY PARKS a REC I +78378&0230 T-281 P.0011001 F-133 PROPOSAL . RO-SO CONTRACTING, tHC. UNDERtIIIOUIIJ:J th7urv CDAlTllAt:1"O.lIS 7'37. 20TH AveNue NOFmf · C!Ni!FlVII.Le, MN 55038 . PHONE: 6S,00429.-2669 .. FA,)(: 55'1.429-047' RNO\<.A c:.CUN"T"'f PAQ..K~ " . .. - ,......... JE..FF Pt.~~ "I -----..-----. DAT!S-.&.f...2.003 JOB NO JOSNAME. .~~~!~._~_ LOCATJON C€.N T~R" I "'-LE.. .---- -.- ----....---...--..-...--- ,... ---.-.- QUANTITY OESCRIPTION --. UNIT EXTENSION " c.oW N lot..,.. TO E...')(. Crn P (,. \) 1.." E,A.. T --..oo -----....--..-. - - -___.'L-__ APPR.O')( . (SIr(II "1(~") AN 0 €"Xn..N 0 '" 8 -/0 F"~T. I. -"---'-..-- .. -.. .--.----.----a-- -I---~. - , .. . ..- 10.......__ '-..',,-. .. -... ...... 0.1 .._ 2. JN5TJlkU. pr.PPtl.OX 30 t.'( FlU- "'0 ------ ~-- -----.... ------ -- -- --.... .....-..-- ~_._ _ _ .__.-1.____......~~!.:_. ~ ~ ~_~~~~t-J\(.. )~~~. .. _~.. _.__ ~ _. _...._ ___.. --..:. . :3. - IN$TP,1.. P.Pf'Il.OlI 5 t..'/ OF RI P /tAp 1- --.-. ----~._"---._------ -- _..~!!~.. .~~~~~~-.... -- ---.- - . .... .. r. - ,.. ~~~---_._. .. ~. JtE..PAI~ S'rum,~0U5 PATf4 _v --'..~---__t AW~}( ~O')I; ,~I ')(~.. ~- --_..v...... ..--.. ........,. .... II. .. -- r___,..._ .. ~(" ~OFlt( _' ~ =~=--~~::, ~. ._- ~p.j.~ ~=n\.--1 -.~ .=~=~ ~~~.=.~:~t.:.~...~~~~.._~ ..oL~--;.. ~-- .L ----... . . -..----.- I I ..--- -rorlr.L. AmOUNT OF --.-------. !~~~ Iii 'S"1ZS. c:2' -~_._.._- (Reserved for reco.rdiJJg purposes ODIy) HUNTERS CROSSING 2ND ADDITION. A Single-Family Residential Development Ii1 The City of Centerville, County of Anoka, State of Minnesota DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS THIS DECLARATION is made effective the day of . 2003. by Ri~ S. Carlson Development, LLC. a Minnesota limitP.d lia~ility company (hereinafter referred to as "D~bRmj. . WITNESSETH: WHEREAS, Richard S. Carlson Development, LLC, a Minnesota limited.liability company. is the fee owner of the real property described on Exhibit " A" attached hereto and by this reference incorporated .herein for all purposes; and WHEREAS, Declarant is desirous of establishing certain minimum standards for the development of ~e real property described on Exbibit " A" to ensure proper use and appropriate development and improvement of each reside~ lot therein contained in order to: (a) Protect .the Owners of Lots against SJIch improper use of such surrounding buildings and Lots as will dep~te the value of their property; . (b) Guard against the erection thereon of structures constructed of improper or unsuitable materials; (e) Ensure adequate and reasonable development of the Property; &'U1QS-~s.~~.wp1 -1- (d) Encourage the erection of attractive improvements appropriately located to prevent inharmonious appearance and function; (e) Provide adequate setbacks. off-street parking; and (I) In general, to benefit and burden the Lots for the purpose of facilitating the development and maintaining the desired tone of the community and thereby securing to the Owner of each Lot the full benefit and enjoyment thereof with no greater restriction on the free and undisturbed use of the Lots than is necessary to ensure the same advantages to the other Lots which are subject to the terms of this Declaration (Letters (a), (b), (c). (d), (e) and (f) above are sometimes hereinafter collectively called the "Critet:ia for Standards"); and WHEREAS, Declarant desires to provide for the preservation of the values and amenities in said community and to this end desires to subject the real property described on Exbibit " A" to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said Property and each Owner thereof. NOW, THEREFORE. in consideration of the premises, the Declarant hereby declares that the real property described on Exhibit "A" shall be held. transferred, sold, conveyed and occupied subject to the conditio~, restrictions, easements, charges and liens hereinafter set forth, which covenants, restrictions and easements shall nm with the real property described on Exhibit " A" and be binding on all parties having any right, title or interest in the Pr9PCrty identified herein or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner th~f. 1. Definitions 1.1. Definitions. The following words, when used in this :peclaration. shall have the following ni.eanings: a. "9!I" shall mean the City of Centerville, a municipal corporation existing under the laws of the State of Minnesota; b. "Declarant" shall mean and refer to Richard S. Carlson Development, LLC, a Minnesota limited liability company, its successors and assigns; c. "Developer" shall mean and refer to the Declarant; d. "Li'riD2 Unit" shall mean and refer to a residential housing unit consi$ing of a group of rooms and hallways and' attached garage which are designed and intended for use as living quarters for one family and located or to be located upon one Lot; e. "Lot" shall mean and refer to any tract or parcel of land designated by lot and block number upon any recorded plat or subdivision map df the Property. Any tract or parcel desigJ1~ed as an ..Outlot" on suCh recorded plat or subdIvisiOn map of the Property shall not be deemed a "Lot" for purposes of this Declaration; r. "M0rt2a2e" shall mean and refer to any mortgage or other security instrument by which a Lot, or any part thereof, or any structure thereon. is encumbered; -2- g. "MOI12a2ee" shall mean any person or entity named as the mortgagee under any Mortgage, or any successors or assignS to the interest of such person or entity under a Mortgage; h."Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot (excluding, however, contract sellers and including in place thereof their contract purchasers) and excluding any person having such interest merely as security for the performance of an obligation; i. "Permit" shall mean any Permit, agreement, regulation, control or other govero1)1~1 directive which authorizes and/or imposes restrictions and requirements for the development and maintenance of the Property as the same may be issued, amended or modified by the City of CentervilIe from time to time; j. "Private Driveway" shall mean and refer to access driveways from public streets to the Living Unit, including specifically, parking and maneuvering areas associated therewith; k. "Private Yard Area" shall mean and refer to that portion of a Lot not covered by a Living Unit or by a Private Driveway; I.. "Property" shall mean and refer to the real property subject to this Declaration, all of which is more fully described on Exhibit n A n attached hereto and by this reference incorporated herein for all purposes. m. "Special Common Areas" shall mean and refer to all portions and/or rights in the Property which Developer shaII reserve, grant or charge with certain exclusive and/or nonexclusive easements, rights or obligations for itself and/or specific Owners as more fully - - -. described in this DecIaration~ Storm Water Pond Areas and Wetlands are, for the purpose of this -- ... Declaration, Special Common Areas. - n. "Residential Improvements" shall mean all lot improvements, including but not limited to clearing of some or all of the trees from the Lot, the grading of the Lot, the 1andscapirig of the Lot, the construction, erection or installation of any structure, including (without Iimitation) the following: the Living Unit and any other building; any porch or deck; any fence, any Antenna (as defined in this Declaration); any retaining wall, terrace or other landscaping structure; any patio, driveway or parking area; any tennis court; any swimming pool (whether above ground or below ground) and any and all appliances, fixtures and interior and exterior finishes. o. "Storm Water Pond Areas" shall mean storm water pond improvements installed by the Developer for the purpose of derninine and-regulating storm water runoff ana all easement interests therein. Storm water pond areas have been strategically placed within the overall deve10pment to establish water quality of flood plain management. Until tinaIly excavated, it is not possible to define the exact pond area configuration. Storm water pond area configuration, as well as pond depth may fluauate and no representation or wai:ranty has been made by the Declarant in regard to the water levels (if any) _ to be mainrnined in any portions of the storm water pond areas. -3- p. "Wetlands" shall mean the natural areas prOteaed by the Wetland Conservation Act of 1991, as amended, and all other provisions of laW' that apply to Wedands, including but no , limited to rules, regulations and requirementS imposed by the local watershed district. Portions of the individual Lots which are protected as Wetlands are identified on attached Exbibit "B", and a graphic depiction of Wetlands which affect the Property are graphically depicted iixhibit "C". 2. Easements 2.1. ~ments. In addition to the easements, covenants, restrictions and conditions concerning architectural and exterior controls as descnbed in this Declaration, all Lots shall be subject to easements and covenants hereinafter specifically described for the benefit of the Property or for the limited benefit of specified Lots, all as more fully set forth hereinafter in this article. 2.2. Undel'2f'OUDd Utility Easements. Each Lot over which a public utility easement has been dedicated, as shown on the recorded plat of the property, shall be subject to a right and easement for underground general utility purposes over that portion of such Lot which is burdened with such dedicated public utility easements. Such utility purposes shall include, but not be Iimited to, sewer, water, electrical, cable television and telephone purposes, including the right to build, construct, reconstruct, rebuild, repair, maintain and operate underground sewer, water, electrical mains and telephone cables, and any surface connections to such underground mains. along with the right to enter upon and open the ground for such purposes, providing that all such openings shall be filled and the surface restored to its former condition. All such utility easements shall run in favor of and inure to the benefit of any and all public authorities or utility companies maintaining or operating any utility facility upon sUcli easement area. 2.3. Draina2e ~. Easements for drainage of surface waters have been dedicated in the plat of the Property. No Owner $al1 interfere with or disturb the elevation of a Lot or take any other actlo.fi.~which interferes with the drainage of surface water over atld through the dedicated drainage easements. 2.4. Wetland Access Easements. Portions of individual Lots have been subjected to a Declaration of Restrictions and Covenants for Replacement Wetlands dated , and filed as Document No. . In accordance with said Declaration, the Declarant reseryes for itself, the Local Government Unit (aLGU") charged with monitoring preservation of the Wetlands, the State of Minnesota, and the agents and employees of the LGU and the State of Minnesota, reasonable access over and across the Private Yard Area' of the individual Lots for all lawful purposes applicable to maintenance of the Wetlands, including but not limited to, enforcement of the restrictions and covenants contained in Document No. 3. General Covenants Affectina all Lots 3.1. Use of Lots. No Lot shall be used except for residential purposes. No Living Unit shall be erected, altered, placed or permitted to remain on any Lot other than one single-family dwelling, not to exceed two stories in height at the front elevation, and an attached garage for at least three cars, and on- site parking spaces to accommodate at least'two cars. No gara~ shall be erected. on any site except attached garages, and no attached garage for more than three cars Sban be permitted. Also permitted are auxiliary storage buildings companble with the residential use and related Residential Improvements to the -4- Lot The storage buildings must m~int:lin the same exterior materials as the existing home and plans must be approved by the architectura1 review committee. 3.2. M"mimnm Permit CompUance. All improvemems to and use of the Lots shall, as a minimum, comply with the Permit and with the zoning and other applicable ordinances and regulations of the City. The standards herein contained shall be considered as requirements in addition to said Permit and zoning and other. applicable ordinances and regulations. 3.3. Maintenance. In order to preserve the uniform and high':standard appearance of the Property, each Owner undertakes responsibility for maintenance and repair of the exterior of the Owner's Living Unit, Private Yard Area and Private Driveway. Responsibility for maintaining the Lot and all Residential Improvements thereon shall include, but not be limited to the. following: a. The maintenance and repair of exterior surfaces of all buildings on the Lot, including without limitation the paintine of the same as often as necessary, the replacement of trim and caulking, the maintenance and repair of roofs, gutters, downspouts and overhangs, the maintenance and repair of exterior windows and doors, necessary painting, staining and repair of patio structures; b. An Owner shall mow, trim, water or otherwise care for grass, trees or other plants located on the Private Yard Area, except as limited by restrictions applicable to the Wetlands; c. An Owner shall keep clean and remove snOw from the Private Driveways, parking areas, maneuvering areas, walkways and sidewalks located in road right of way. 3.4. ~. No sign ~ be placed on any Lot, except that one "for sale" sign not to exceed 48_i!lches by 48 inches in size may be placed on a Lot by an Owner or the Developer. '- 3.5. Nuisances. No weeds, underbrush or other unsightly growths (with the exception of natural vegetation within Wetlands) shall be permitted to grow or remain upon any Lot. No refuse pile or unsightly objects shall be allowed to be placed or suffered to remain, anywhere thereon. Firewood shall be stored only to the rear of the residence and shall be concealed by screening. No Lot shaIl be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such Lot to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept upon any Lot that will emit foul or obnoxious odors or that will cause any' noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding property, The outside storage of trailers or vehicles for a period of two weeks or longer shall also be considered a nuisance. 3.6. SWrD2e. Outside storage on a Lot is discomaged, and any outside storage shall be effectively screened from view outside the Lot. Household trash and garbage shall be regularly collected and may be kept outside only if in tightly-covered containers. 3.7. :LeasiD2. Any lease between an Owner and a nonowner occupant shaIl be in writing and shall provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration, and shall provide that any failure by the nonowner occupant to comply with the terms of this Declaration shall be default under the lease. Other than the foregoing, there is no restriction on the use of a living -5- Unit by a nonowner occupant. 3.8. Stora2e Tanks. No pennanent storage tanks of any kind shall be erected, placed or permitted on any Lot unless buried or effectively screened from view outside the Lot. 3.9. Temporary Structures. No structuie of temporary character, trailer, tent or other building shall be used on any Lot at any time as a residence, either temporarily or permanently. This provision shall not be construed to prevent the erection and maintPnln1cp. of auxiliary storage buildings on a Lot in compliance with the requirements of paragraph 3.12(g) below. 3.10. Driveways. All Private Driveways must be constructed of concrete, bituminous or other hard surface material. Material and installation shall be in accordance with City requirements. 3.11. MiD_1m Market Value. The establishment of the Minimum Market Value for single- family detached residences developed within Hunters Crossing 1:-4 Addition is essential to create and mainDlin the values and amenities of the Subdivision. Each Lot together with its Residential Improvements within Hunters Crossing 2a4 Addition must, at the time a Certificate of Occupancy is issued, meet the Minimum Market Value approved by $300,000.00 or more in accordance by the architectural review committee. 3.12. BuildiD2 Specifications a. Hei2ht. No dwelling shall be erected, altered or placed on a Lot or permitted to remain there other than one detached single f.unily house not to eXceed. two stories in height at the front elevation, as measured from grade. If the house includes a walkout basement, the basement shall not be coUnted as a story. b. Roof Pitches and Roof Lines Roof pitchesj~hall b~ at a minimum of 8/12. c. Gara2es. The Living Unit constructed on each Lot shall have a fully enclosed garage to accommodate three (3) cars. No carports or detached garages are permitted. The garage space encompassed within a Living Unit may be fQr any number of cars, but from the street upon which the living Unit fronts, the appearance must be of a garage space for no more than three (3) cars. d. Exterior Materials 1. Front elevation: shall include brick, stone, stucco, cement siding, cedar siding or vinyl shakes. 2. Side and rear elevation: shall include 3.12 d. 1. or steel siding .029 Ga., and vinyl siding .044 mil. or more. 3. Roof: shall include 3 tab, 25 year asphalt or fiber glass shingles, equivalent to elk:, horizon or timberline, cedar shakes or a combination of steel when mixed with one of the above. 4. Decks: Railings, decking, or sides of stair jacks shall be covered with cedar, redwood or composite materials. . -6- e. Hoose Colors. Only l"4rthtone or neutral colors for Living Units shall be permitted. Some flexibility will be allowed for doors, shutters and trim. Color of Living Units shall be subject to Architectural Review Committee approval. f. Elevations. Identical house elevations are not permitted on adjacent Lots or Lots which are directly across the street from one another. g. Stora2e Stmctures. Attached or detached structures for storage purposes and/or permitted pets (dog houses) are permitted, but any storage structure large enough to hold an automobile shall be considered a garage whether or not it is used as a garage. Each such structure on a Lot shall be of the same color, design and quality of construction as the Living Unit on the Lot. The aggregate floor area of all storage structures on a Lot shall not exceed 144 square feet and shall be effectively screened from the public right-of-way. Storage structures must be setback a minimum of thirty (30) feet from the public right-of-way and a minimum of thirty (30) feet from any trail easement. Permitted storage structures shall require Architer'tlJl'al Review Committee approval and shall be subject to all applicable City ordinances. - h. CoBiPletion. Each Living Unit constructed or placed on a Lot shall be completely finished on the exterior thereof within nine (9) months after commencement of construction. 3.13. Setbacks. Minimum setbacks shall be mainrnined consistent with the ordinances of the City of Centerville. Notwithstanding the minimum setbacks as established by said ordinances, the Permit and, as applicable, the Architectural Review Committee shall have the right to further restrict setbacks, taking into coosideration necessary buffers and berms, and further taking into consideration its obligation to maintain the criteria for standards. :.::_-_~ 3.14. Antennas. No exterior antenna, aerial, tower, dislr or other device for transmitting or receiving radio, television, microwave, laser or other electromagnetic signals ('" Anternm ") shall be constructed, erected, installed, placed or used on any Lot except dishes used for receiving television. with an outside diameter no greater than eighteen (18) inches. Approved dishes will be erected or placed so as to minimi7.e visibilitY of the dish from the public right-of-way. 3.15. Anirmlltil. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats and other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purposes. The combined total number of dogs and cats kept on a Lot at one time shall not exceed three (3). 3.16. Lan~. Landscaping of Private Yard Areas is ~ for the preservation of values and amenities of the Property. Therefore, the following minimum requirements are applicable: a. Except within Wetlands, the entire Private Yard Area shall be sodded upon a minimum four (4) inches of approved top soil material. b. Wetlands within the Private Yard Area must be protected and shall not be sodded, encroached upon, changed or damaged. -7- c. Erosion fences must be installed and maint:lined until acceptable growth has been approved by the developer. Erosion fences shall be dismantled and disposed of at the Owner's expense. d. Not less than two (2) trees of at least two (2) inches in diameter as measured six (6) inches above grade and substantially centered within the front yard shall be pIanred and nurtured. Four (4) trees of at least two inches in diameter as measured at six (6) inches above grade sball be planted and nurtured on "comer lots", two substantially centered in the front yard and two within the side yard. e. A minimum of $1,500.00 in landscaping must be installed within the front Private Yard Area (exclusive of tree and sod costs), $3000.00 minimum on comer lots divided between both street elevatioDS. 'Ibis minimum sball include not less 1han ten (10) three gallon or equivalent size shrubs and one or more of the following: (1) Decorative rock; (2) Decorative brick; (3) Landscape timbers or other edging materials. All landscaping is subject to review and approval by the ArchitecturaI Reyiew Committee. 3.17. Mailboxes. The initial mailooxes and mailbox structures shall be of a design approved by the Developer. The cost of initial insta11ation and aU cost of repair, ~infp.mmce or replacement shall be paid by the Lot Owner(s) and shall be identical to the initiaI mailbox and mailbox structures. 3.18. Soil Removal. No sod, soil, sand or gravel sha1I be sold or removed from any Lot, except for the purpose of excavating for the construction or alteration of Residential Improvements on the I:Qt-.-: Excess fill shall be redeposited at buyer's expense at such a lOCation as seller may designate within the pIat. If no sight is made available, seller shall inform buyer to remove off site at buyer's expense. 3.19. Ri2bts of Developer and Home Builders. Until the last Lot within the subdivision Hunters Crossing Tel Addition is sold and conveyed to an Owner other than the Developer or a professional home builder, the following actions by said persons and/or entities will not be .deemed violations of the foregoing restrictions: a. Use of a Living Unit for model and sales office purposes. b. The storage of equipment, materials, and earth during the construction of Residential Improvements. c. The display of signs of any legal size advertising Lots and/or living Units in Hunters Crossing 'lei Addition. 3.20. Fences, Walls and Hed2es a. All fences, walls and hedges shall be approved by the arch.itecturaI review commiftpp. and shall be located entirely upon the property of the owner unless the owner of the acljoining property agrees, in writing, that said fence, Wd.ll or hedge may be erected on the property line of the respective properties. Such an agreement shaII be submitted at the time of building permit application. If the adjoining property owner does not agree to the erection of such -8- , - c fence, w.ill or hedge, the fence, w.ill or hedge, shall, be. set back a minimum of two (2) feet from all lot lines. No fence other than a decorative fence may be construeted along the side lot lines of a residential lot between the street and the front extenSion of the dwelling house or parallel to any street adjacent to a comer lot. Special consideration can be made for. pool enclosures, special screening or kennel!i1 on corner lots. As uSed herein, the term "decorative fence" means a wood vertical post and wood horizontal rail fence with no more than three (3) rails or a wood picket type fence with at least two (2) inches of open space between ClCh picket. b. No residential fence, w.ill or hedge may exceed six (6) feet in height and no decorative fence may exceed thirty-six (36) inches in height. c. All fences, walls and hedges shall be constructed and m~inrnined in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence, wall or hedge is proposed to be used. Every fence shall be constructed so that the side conrninine the framing supports and cross pieces face the interior of the fence owner's lot. Any fence which does not comply with the provisions of this Section or which endangers the public safety, health or welfare shall be considered a public nuisance.. - 4. Additional Restrictious Applicable to Certain Lots 4.1. Wetlands and Associated Draina2e and Utility Easements, One of the unique features of the Property and its development is the many acres of surrounding Wetlands. Wetlands are regulated in their use and are protected by State statute and watershed district rules. No alteration of any Wetland portion of a Lot is permitted except in compliance with applicable rules and regulations. These rules and regulations include the following: a. No sod may be placed within Wetlands. b. Wetlands shall not be mowed, cut, altered, damaged, disturbed or treated by any Lot Owner. c. No burning, spraying, or planting of veg~tion is permitted. d. No materials, substances or other objects may. be erected or constructed temporary or permanent within the Wetlands. The portions of individual Lots -which include Wetlands are identified on Exhibit "B" and graphically depicted onExbibit "C". In the event of any violation or attempted or threatened violation of the regulations applicable to Wetlands, or any interference or attempted or threatened interference with the preservation of Wetlands in accordance with applicable regulations, the Declarant and/or any Owrier may petition for a restraining order or injunction, temporary or permanent. prohibiting such violation or iutafexence and, demanding compliance with the provisions of which restraining order and iJVunction shan be obtainable upon proof of the existence of such violation, or attempted or threatened violation or interference, and without the necessity of proof of the inadequacy of legal remedies or irreparable harm. In the event 1he Declarant or Owner prevails in such prQCPeding, such prevailing party may be reimbursed for all or any part of the costs incurred by the enforcement thereof, including but not limited to reasonable attorney's fees, costs and -9- expenses. 5. Architectural Review Committee (A.R..C.) 5.1. New Improvements. No Residential Improvement sball be commenced upon any Lot by anyone except the Developer without the prior written approval by the Architectural Review Committee ("Committee") of the person who will actuaIIy perform the work and of the plans and specifications for the work. . 5.2. Changed Improvements. The exterior color, style, and materials of any structure on a Lot shall not be changed by anyone except the Developer without prior written approval by the Committee of the proposed work and of the plans and specifications for the work. 5.3. Commfft.-e Members. The Committee sball consist of two (2) individuals appointed by the Developer until the date the Developer no longer owns any Lot in Hunters CrossiIf4 Addition. 5.4. Committee Chairperson. The Committee shall appoint one of its members to be its cbairperson. The chairperson shall call meetings of the CornmittPP., A quorum of the Committee shalI consist of two of its members. The committee may act upon the vote or written consent of any two of its members. The chairperson of the Committee is authorized to execute certificates of approval, notices of disapproval and similar instruments effectuating decisions of the Committee. 5.5. Submission of Plans and Specifications. Prior to the date work on a Lot is commenced, the Owner of the Lot shall submit to the Conui1ittee two cori1plete' sets of plans and specifications (including, without limitation, certificate of survey, grading and drainage plan, building elevations, building floor plans, exterior colors and materials). One set will be stamped for City of Centerville permit approval, and one set will remain iI).'A.R.C. file. 5.6. Re'riew of 'Plans and SpecificatiODS. WIthin seven (7) days after receipt of plans . and specifications, the CommittPP. sball approve or disapprove them in writing. The Commitreeshall disapprove plans and specifications for one or more of the following reasons: a. Noo-compJiance. Non-compliance with this Declaration, municipal or~ or other governmental regulations, or such standards or specifications, not inconsistent herewith, which the Committee may adopt and publish from time to time. b. Inconqr-ttibility With the Lot. Failure of the proposed Residential Improvement to be compattolewith the Lot upon which it is to. be built, in terms of topography, soils and existing vegetation. c. Incompatibility Wrth Hunters Crossing z1d Addition. Failure of the proposed Residential Improvement to be compatt"ble with the houses and other structures in Hunters Crossing ~ Addition, in terms of style, general size, height, and width, quality of COllStl:uctiOn, price range, obstruction of views and the orientation of improvements to the Lot. d. JIUllOOquate Information. Failure of plans and specifications to show all information necessary to evaluate the foregoing characteristics. -10- 5.7. Committee Approval. The CommiftPP.'s approval of the builder and plans and specifications shall be Sl3JJ1ped on all plans and specifications approved by the Committee. No application for a building permit for construction of Residential Improvements shall be made unless accompanied by plans approved ll;D-d stamped as approved by the Committee. 5.8. Remedies AwUnst Owners. If construction of or exterior changes to a Residential Improvement are commenced without the Committee's approval of the plans and specifications, or if construction of or exterior changes to a Residential Improvement are completed not in accordance with approved plans and specifications, any Owner of,a Lot in Hunters Crossing ?d Addition may bring an action to enjoin further constmction and to compel the OWner to conform the Residential ImprovemeDt with plans and specifications approved by the Committee. Any such action must be commenced and a notice of lis pendens must be tiled within ninety (90) days after the date on which the certificate of ocaIpanCy is issued by the appropriate municipal authority, in the case of a Living Unit, or within ninety (90) days after the date of completion, in the case of any other Residential Improvement. 5.9. Remedies A2aiDSt Committee. In the event that the Committee and/or the members of the Committee shall fail to discharge their respective obligations under this Article 5, then any Owner of a Lot in Hunters Crossing? Addition may bring an action to compel the discharge of said obligations. Any such action must be commP.11rP,d within ninety (90) days ,after the date on which the certificate of occupancy is issued by the appropriate authority, in the case of a living Unit, or within ninety (90) days after the date of completion, in the case of any other Residential Improvement. Such an action shall be the exclusive remedy of any Owner of a Lot for failure of the Committee and/or its members to discharge such obligations. Under no circumstances shall the Developer, the Committee or members of the Committee be liable to any person for damages (direct, consequential or otherwise). 6. Riahts Granted the City of CenteniUe ~_' ..- 6.1. Purpose. The City has executed various a~~- wirh and secured certlin covenants from the Developer, and has a continuing interest in the performance of the covenants and agreements specified in this Declaration. Further, the City is concerned that all conditions of the Permit are complied with and that the Property is developed and mainrnined in accordance with the plan contemplated by this Declaration of Covenants~ Conditions and Restrictions. 6.2. ReIeMe of Liability. The Declarant, for itself, its successors and. assigns aDd, by accepting a conveyance of a Lot, any Owner, for itself, f.unily and invitees, release and shall hold harmless the City (including its elected and appointed officials, employees, servants and agents) from all liability for enforcement or for nonenforcement of this Declaration of Covenants, Conditions and Restrictions and, further, expressly acknowledge that the City is not obligated to perform or to enforce performance b! the Declarant, or others, of any obligations contained in this Declaration of Co~ Conditions and Restrictions. 6.3. Specific RiPts Enforceable by the City of Centenille. The City, at its option and in its sole discietion, may enforce for the benefit of itself the specific provisions of this Declaration of Covenants, Conditions and Restrictions. -11- 6.4. Payment for City Mafntenance. The Owners shall reimburse the City or its designee, on demand, for the costs of any Owner obligations undertaken by "the City or its designee pursuant to this article. Such costs, including but not limited to reasonable attorneys' fees and costs and expenses incurred in connection with collection, shall be an obligation of each Owner enfoI'CClble in any wayavallable to the City under law. 6.5: City's Right to Assess. The City may, in any assessment year, levy against a Lot an assessment of its share of all costs and expenses incurred by the City or its designee pursuant to this article. The assessment shall be enforceable by the City in the same manner as a special assessment under Minnesota state law. 6.6. Exclusive Ri2hts. The rights granted by this article are exclusive to the City and may be exercised only by the City, in its sole discretion. No other person or entity, including the Developer or Owners, whether or not a resident of the City, shall be entitled to request or require the City to act pursuant to this article. The rights of the City granted under this article cannot be rescinded, canceled or amended by the Declarant or the Owners without the written consent of the City. 7. Ac:lminisd"ative Provisions 7.1. Duration. This Declaration and the Covenants contained herein shall run with and bind the land and shall inure to the benefit of and be enforceable by the Developer, or any Owner, "subject to this Declaration or their respective legal representatives, heirs, successors and assigns. The covenants herein set forth shall have a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants and restrictions shall be automatically renewed for successive periods of ten (10) years. The easements contained herein shall be perpetual. 7:J.. Severability. Invalidation of anyone or more of the provisions herein by judgment or C()W1. Wder shall not affect any of the Other provisions, which shall_ r~ in full force and effect until the date of expiration. 7.3. Mode of Enforcement. The Declarant and any Owner may enforce the provisions of this instrument by pr~ings at law to recover damages or by p~inl?l in equity to restrain any violation. 7.4. Amendment: Termination. Except as specifically otherwise provided herein, this Declaration may be amended or terminated only by an instrument signed by not less thaD. seventy-five percent (75 %) of Owners, and the Developer, so long as it owns any property in Hunters Crossing -rd Addition. Any amendment or termination must be properly recorded. 7.5. CaptiODS. The title of this instrument and the captions of the articles and sections of this instrument are for convenience of reference only. 7.6. Variances. The restrictions applicable to Lots as specified in this Declaration are intended for the benefit of all Property Owners. The Declarant, however, acknowledges the exceptional conditions of a particular Lot may create peculiar and practical difficulties mitigating against the strict enforcement of a provision contained in this Declaration. In the event an Owner believes that such exceptional conditions on a Lot create a hardship or special situation, an Application for Variance may be made by an Owner to the Architectural Review Committee. An Application of Variance shall state on the Application the reasons for allowing the variance, including: -12- a. That there are special circumstances or conditions affecting the Lot such that the strict application of a provision of this Declaration would deprive the Owner of the reasonable use of the Lot. . b. The va$J1ce is necessary for the preservation and enjoyment of a subS13J1tial property right of the Owner. c. The granting of the variance will not be detrimental to the public welfdre or injurious to other Owners of Lots subject to the Declaration. d. That the issuance of the variance will not have an adverse effect upon the health. weltare and safety of the Owners benefitted by this Declaration. e. The variance must comply with all applicable city ordirumres and/or variances to said ordinances as approved by the City. In considering a request for a variance from the strict application of 1his Declaration, the Committee shall make a finding showing that all of the foregoing conditions exist, and the Committee may impose any reasonable condition in the granting of such variance in order to protect other Lots and Owners. RICHARD S. CARLSON DEVELOPMENT, LLC By: Richard S. Carlson Its Chief Manager -13- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this _ day of , 2003, by Richard S. Carlson, the Chief Manager of Richard S. Carlson Development, LLC, a Minnesoti limited liability company, on behalf of said limited liability company. (Notary Public Seal) Subscribed and sworn to before me this _ day of ,2002. Notary Public Drafted By: JENSEN &: SONDRALL, P A. 8525 EdiDbrook Crossing, Suite 201 Brooklyn Park, MN 55443-1%8 (763) 424-8811 -14- EXHlBIT A LEGAL DESCRlPfION Lots 1 through 3, both inclusive, Block I, Lots 1 through 19, both inclusive, Block 2, Lots 1 through 6, both inclusive, Block 3, and Lots 1 through 3, both inclusive, Block 4, all in Hunters Crossing 2nd Addition, Anob County, Minnesota. -15- EXHIBIT B Easement Descriptions for Dedicated Restrictions: Block 1: Lot 4: That part of Lot 4, Block 1, HUNTERS CROSSING 2ND ADDITION, according to the recorded plat thereof, lying westerly ofthe line described as follows: Connnencing at the Southwest corner of said Lot 4; thence North 62 degrees. 27 minutes 41 seconds East, assumed bearing, 94.21 feet along the south line of said Lot 4 to the beginning of the line to be descnbed; thence North 40 degrees 37 minutes 09 seconds West 126.30 feet to the northwest corner of said Lot 4, and there tenninating. Lot 5: That part of Lot 5, Block 1, HUNTERS CROSSING 2ND ADDITION, according to the recorded plat thereof, lying westerly of the line descn"bed as follows: Commencing at the southwest corner of said Lot 5; thence North 73 degrees 09 minutes 44 seconds East, assumed bearing, 136.24 feet along th~ south line. of said Lot 5 to the beginning of the line to be descnbed; thence North 40 d~ 37 minutes 09 seconds West 71.26 feet to the north line of said Lot 5, and there teunnmting. --Lot 6: That part of Lot 6, Block 1, HUNTERS CROSSING 2ND ADDITION, according to the recorded plat thereof, lying westerly of the line descnOed as follows: Commencing at the northwest comer of said Lot' 6;then~ North 73 degrees 09 minutes 44 seconds East, assumed bearing, 136.24 feet along the north line of said Lot 6 to the beginning of the line to be described; thence South 01 degrees 42 minutes 40 seconds West 75.93 feet to the south line of said Lot 6, and there terminating. tot 7: That part of Lot 7, Block 1, HUNTERS CROSSING 2ND ADDITION, according to the recorded plat thereof, lying westerly of the line descn"bed as follows: Commencing at the Northwest corner of said Lot 7; thence North 83 degrees 58 minutes 37 seconds East, assumed bearing, 129.32 feet along the north tine of said Lot 7 to the beginning of the line to be descnbed; thence South 01 degrees 42 tninutes'40 seconds West 72.99 feet to the south line of said Lot 7, and there terminating. "---- Lot 6: That part of Lot 6, Block 2, HUNTERS CROSSING 2ND ADDmON, according to the recorded plat thereot; lying southeasterly of the line described as follows: Commencing at the northwest comer of said Lot 6; thence South 03 degrees 17 minutes 25 seconds East, assumed bearing, 139.85 feet along the west line ofsaid Lot 6 to the southwest corner of said Lot 6, the bq;nning of the line to be descnDed; thence North 79 degrees 49 minutes 06 seconds East 109.84 feet; thence North 39 degrees 52 minutes 05 seconds East 101.91 feet to the north line of said Lot 6, and there terminating. Lot 11: That part of Lot 11, Block 2, HUNTERS CROSSING 2ND ADDmON, according to the recorded plat thereot; lying north of the line described as follows: Commencing at the northeast comer of said Lot 11; thence South 16 degrees 58 minutes 12 seconds West, assumed bearing, 35.99 feet along the east line of said Lot 11 to the begjnning of the line to be described; thence North 74 degrees 40 minnt~ 19 seconds West 105.93 feet to the northwest comer of said Lot 11, and there terminating. Lot 12: '- --= That part of Lot 12, Block 2, HUNTERS CROSSING 2ND ADDmON, according to the recorded plat thereot; lying north of the line described as follows: Commencing at the northeast comer of said Lot 12; thence South 06 degrees 54 minutes 14 seconds West, assumed bearing, 474.15 feet along the east line of said Lot 12 to the begjnnme of the line to be described; thence North 69 degrees 08 minutes 59 seconds West 105.56 feet to the west line of said Lot 12, and there terminating. Lot 13: That part of Lot 13, Block 2, HUNTERS CROSSING 2ND ADDITION, according to the recorded plat thereot; lying north of the line described as follows: Commencing at the northwest comer of said Lot 13; thence South 06 degrees 54 minutes 14 seconds West, assumed bearing, 474.15 feet along the west line of said Lot 13 to the begjrnting of the line to be described; thence South 62 degrees 46 minutes 52 seconds East 84.87 feet to the east line of said Lot 13, and there terminAtiTee. Lot 14: That part of Lot 14, Block 2, HUNTERS CROSSING 2ND ADDITION, according to the recorded plat thereof; lying north of the line described as follows: Commencing at the northwest corner of said Lot 14; thence South 01 degrees 15 minutes 32 seconds East, assumed bearing, 508.94 feet along the west line of said Lot 14 to the beginning of the line to be described; thence South 76 degrees. 37 miimtes 23 seconds East 64.68 feet to the east line of said Lot 14, and there terminating. Lot 15: That part of Lot 15, Block 2, HUNTERS CROSSING 2ND ADDmON, according to the recorded plat thereof; lying north of the line descnDed as follows: Commencing at the northwest comer of said Lot 15; thence South 00 degrees 24 minutes 28 seconds East, assumed bearing, 522.63 feet along the west line of said Lot 15 to the begjnning of the line to be descn"bed; thence North 81 degrees 54 minutes 24 seconds East 61.99 feet to the east line of said Lot 15, and there terminating. Lot 16: That part of Lot 16, Block 2,.HUNTERS CROSSING 2ND ADDmON, according to the ~-- -recorded plat thereof; lying north of the line described as follows: Commencing at the northwest corner of said Lot 16; thence South 01 degrees 29 minutes 27 seconds East, assumed bearing, 512.81 feet along the west line of said Lot 16 to the be~nning of the line to be descn"bed; thence North 65 degrees 41 minutes 49 seconds East 79.73 feet to the east line of said Lot 16, and there tenninating. Lot 17: That part..ofLot 17, Block 2, HUNTERS CROSSING 2ND ADDITION, according to the recorded plat thereof; lying north of the line described as follows: Commencing at the northwest corner of said Lot 17; thence South 14 degrees 20 minutes 12 seconds East, assumed bearing, 125.47 feet along the west line of said Lot 17 to the lJeejnning of the line to be descnDed; thence North 72 degrees 42 minutes 14 seconds East 90.32 feet to the east line ofsad Lot 17, and there terminating Lot 18: That part of Lot 18, Block 2, HUNTERS CROSSING 2ND ADDITION, according to the recorded plat thereof, lying north of the line descn"bed as follows: Commencing at the northwest corner of said Lot 18; thence South 12 degrees 29 minutes 56 seconds East, assumed bearing, 96.06 feet along the west line of said Lot 18 to the beginning of the line to be descnbed; thence North 84 degrees 14 minutes 23 seconds East 126.73 feet to the east line of said Lot 18, and there tenninating. Lot 19: That part of Lot 19, Block 2, HUNTERS CROSSING 2ND ADDITION, according to the recorded plat thereof, lying south and west of the line described as follows: Commencing at the southeast corner of said Lot 19; thence North 00 degrees 32 minutes 50 seconds East, assumed bearing, 49.56 feet along the east line of said Lot 19 to the beginning ofthe line to be described; thence North 88 degrees 36 minutes 51 seconds West 149.21 feet; thence North 01 degrees 23 minutes 09 seconds East 95.00 feet to the North tine of said Lot 19, and there tenninating. . Block 3 q_ Lj)t 2: That part of Lot 2, Block 3, HUNTERS CROSSING 2ND ADDITION, according to the recorded plat thereof, lying south of the line descnbed as follows: . Commencing at the southwest comer of said Lot 2; thence North 15 degrees 05 minutes 17 seconds East, assumed bearing, 34.76 feet along the west line of said Lot 2 to the beginning of the line to be cfescnbed; thence South 78 degrees 41 minutes 46 seconds East 89.75 feet to the east line of said Lot 2, and there terminating. Lot 3: That part of Lot 3, Block 3, HUNTERS CROSSING 2ND ADDITION, according to the recorded plat thereof, lying south of the line descnood as follows: Commencing at the southwest comer of said Lot 3; thence North 14 degrees 27 minutes 37 seconds East, ~ bearing, 38.35 feet along the west line of said Lot 3 to the beginning of the line to be descnood; thence South 78 degrees 41 minutes 46 seconds East 89.71 feet to the east line of said Lot 3, and there terminating. Lot 4: That part of Lot 4, Block 3, HUNTERS CROSSING 2ND ADDmON, according to the recorded plat thereot: lyiD.g south of the line described as follows: Commencing at the southwest corner of said Lot 4; thence North 13 degrees 53 mirnrtes 24 seconds East, assmi1ed bearing, 41.95 feet along the west line of said Lot 4 to the begjrming of the line to be described; thence South 64 degrees 28 minutes 59 seconds East 91.64 feet to the east line of said Lot 4, and there terminating. Lot 5: That part of Lot 5, Block 3, HUNTERS CROSSING 2ND ADDmON, according to the recorded plat thereot: lying south of the line described as follows: Commencing at the southwest corner of said Lot 5; thence North 13 degrees 17 minutes 50 seconds East, assumed bearing, 23.03 feet along the west line of said Lot 5 to the begjnning of the line to be descn"bed; thence South 64 degrees 28 minutes 59 seconds East 55.80 feet to the east line of said Lot 5, and there terminating. Block 4 Lot 2: ~."That part of Lot 2, Block 4, HUNTERS CROSSING 2ND ADDmON, according to the recorded plat thereot: lying south of the line described as follows: Commencing at the northwest comer of said Lot 2; thence South 14 degrees 10 minutes 45 seconds East, assmi1ed bearing, 149.60 feet to the southwest comer of said Lot 2, the beginning of the line to be described; thence North 76 degrees 59 minutes 14 seconds East 80.59 feet to the east line ofsaid Lot 2, and there terminating. Lot 3: That part of Lot 3, Block 4, HUNTERS CROSSING 2ND ADDITION, according to the - recorded plat thereot: lying south of the line described as follows: Commencing at the southwest corner ofsaid Lot 3; thence North 07 degrees 47 minutes 18 seconds West, assumed bearing, 44.20 feet along the west line of said Lot 3 to the befinning of the line to be described; thence North 76 degrees 5~ mmllt.es 14 seconds East 94.43 feet to the east line of said Lot 3, and there term1nQt1ng. 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M Is supposed to drain to the southwest. but is being held bael< by a high ridge where aU the ine trees . are. . We took shots and found a location where you can excavate a swale between the pin to provide an outlet for the wetland. .( I'm sure you are trying to finish the underground sprlnl<Jer system.around the Portage Way nits, then sod this entire area. Make sure the swale between Unit 1 and Unit B Is shaped properly pri r to sodding, so It drains and can be mowed easlly~ There Is a catch basin Just south of Pioneer Lane that needs to have one adjusting ring re accepts runoff better from the y.ards to the south. - 'Call me with any questions on these Items. 651-604-4868. cc: Kim Moore-8ykes. CI1y of Centervllle BonMtroo Rosene Anderllle: and Associates www c.com 2335WeBt Highway 38 + St Paul, MN 5511.3+ Phone: 651-836-:4S00+ . 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