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2016-01-13 CC Packet
teryifte CITY OF CENTERVILLE COUNCIL MEETING & EstalCi d, .- CLOSED EXECUTIVE SESSION AGENDA Wednesday, January 13, 2016 6:00 p.m. or shortly thereafter COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. PUBLIC INPUT/HEARING 1. 2016 Mill& Overlay Project Special Assessments (Pages 1-10) 2. Franchise Agreements & Ordinances (Xcel, Connexus & CenterPoint Energy) (Page 11) IV. APPOINTMENTS/PRESENTATION 1. None. V. APPROVAL OF AGENDA APPROVAL OF MINUTES 1. December 9, 2015 City Council Meeting Minutes (Pages 12-21) 2. December 16,2015 Special City Council Meeting& Closed Executive Session (Pages 22-24) VII. CONSENT AGENDA 1. City of Centerville December 10, 2015 through January 13, 2016 Claims (Check #29917-29970)W/Void Check 29946 (Pages 25-27) 2. Centennial Fire District Claims through December 30,2015 (Check#7234-7263) w/Check#7247-7250 Payroll & Voided Check#7139,7247-7250 & 7236 (Pages 28- 29) 3. Centennial Lakes Police Claims through December 29,2015 (Check#10628- 10666) (Pages 30-31) 4. Parks & Recreation Committee Recommendation to Work w/Centerville Lions Purchase & Dedication of Park Bench (Hidden Spring Park,Mel &Joyce Dupre) 5. Accept Donation from Dead Broke Saddle Club—Parks & Recreation (Page 32) 6. Successful Performance Review, Completion of Year 17, City Clerk, Ms. Teresa Bender VIIL OLD BUSINESS 1. 2016 Mill& Overlay Project a. Res. #16-OXX—Adopting Special Assessments on 2016 Street Mill& Overlay Improvements (Pages 33-37) b. Res.#16-OXX—Accepting Bid for Construction of Improvement(Pages 38- 43) 2. Ordinance#75, Second Series—Franchise Agreement—Xcel Energy (Pages 44- 51) 3. Ordinance#76, Second Series—Franchise Fee—Xcel Energy(Pages 52-59) a. Ordinance#75 & #76, Second Series Summaries 4. Ordinance#77, Second Series—Franchise Agreement—Connexus Energy(Pages 68-70) 5. Ordinance#78, Second Series— Franchise Fee—Connexus Energy (Pages 71-73) a. Ordinance#77 & #78, Second Series Summaries 6. Ordinance#79, Second Series—Franchise Agreement- CenterPoint Energy (Pages 74-80) 7. Ordinance#80, Second Series—Franchise Fee—CenterPoint Energy (Pages 81-83) a. Ordinance#79 & 80, Second Series Summaries 8. Centennial School District#12/Centerville Elementary School Parking Lot(Page 84) 9. Official Letter of Termination of Purchase Agreement—Ruffridge Johnson (Pages 85-86) IX. NEW BUSINESS 1. Res. #16-OXX—2016 Fee Schedule(Pages 87-103) 2. Res.#16-OXX—2016 Appointments (Pages 104-107) 3. Res.#16-OXX-Acting Mayor& Order of Succession (Page 108) 4. Reader Board Policy (Pages 109) 5. Schedule 2016 City Council Goalsetting Session (Pages 110-111) 6. Parks & Recreation Committee Recommendation to Authorize Administrator to Negotiate Contract Services w/Wahoo Adventures for 5K/8K/Run/Walks w/Kerri Kolstad as Race Coordinator (Page 112) X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS 1. Administrator Ericson a. Waste Management Rate Increase (Page 113) b. City Council Security Training January 24, 2016/CLPD RECESS TO CLOSED EXECUTIVE SESSION (Closed Unless Otherwise Noted) 1. Pending Litigation—7261 Main Street 2. City Administrator Performance Review XL ADJOURNMENT FROM CLOSED EXECUTIVE SESSION/RETURN TO SPECIAL COUNCIL MEETING XII. ADJOURNMENT *REMINDERS** Planning&Zoning Commission Meeting—February 2, 2016, 6:30 p.m. (Council Chambers) ':s & Recreation Committee Meeting— February 3, 2016, 6:30 p.m. (Council Chambers) Council Meeting—January 27, 2016, 6:30 p.m. (Council Chambers) City Council Meeting—February 10, 2016, 6:30 p.m. (Council Chambers) Parks &Recreation—January 9, 2016 - Family Skate Night, LaMotte Park(6:30 p.m. —9:00 p.m.) - CANCELLED Parks &Recreation—February 6, 2016 - Family Skate Night, LaMotte Park(Hayrides 6:30 p.m. — 8:30 p.m.,popcorn,hot cocoa and bonfire(6:30 p.m. —9:00 p.m.) Centerville Lions Ice Fishing Contest—February 20, 2016, Centerville Lake, Anoka County Boat Launch, 11:00 a.m. —2:00 p.m. (Weather Dependent) Shake Your Shamrock 5K, 8K& Kid's 1/3K Walk/Runs—March 12, 2016, Kelly's Korner, 7:00 a.m. — 1:00 P.M. Fete des Lacs—August 5, 6 & &, 2016 Out Run Homelessness 5K, 8K&Kids Run/Walk—October 1, 2016, LaMotte Park, 7:00 a.m. —9:30 a.m. y= t e rviffe r� !� 1880 94ain Street CenterviCfe,96fNS5038 r�StLliJ[1Sr[ed 1857 651-429-3232 or(Fa-C 651-429-8629 AFFIDAVIT OF MAILING PUBLIC NOTICE State of Minnesota) County of Anoka ) City of Centerville) I, Kris Sweeney, being first duly sworn, depose and say: I am a United States citizen, over nineteen (19) years of age, and the City Clerk of the City of Centerville, Minnesota. On December 18, 2015, acting on behalf of the said City, I deposited in the United States Postal Box located at 1880 Main Street copies of the attached Public Hearing Notice, Proposed Improvement 2016 Mill & Overlay Project Special Assessments, in envelopes, with postage thereon fully paid, to the individual property owners of the following address. NAME ADDRESS See attached sheet There is delivery service by United States mail between the place of mailing and the places so addressed. ,y- .' 10 gLxffuien kXiS Sweeney Subscribed and sworn to before me this 18th y of ece Soul Notary Public MIKE ERICSON Administrator,Anoka County,MN r NOTARY OFFICER(ex-officio notary public) �' •�'° MY TERM IS UNDETERMINATE £: : = --ter *(fe -.f 1880 7Vfain Street,Centerviff 9bfN55038 ta-aaalIShed 14,6 651-429-3232 or T&X 651-429-8629 December 15, 2015 Mr. &Mrs. Ray Martin or Current Owner 7245 Mill Road Centerville, MN 55038 Dear Property Owner: Attached to or printed on the reverse side of this letter is the official notice of hearing for special assessment for a street improvement affecting your property. The improvement will result in a new pavement surface on your street. The proposed assessment for benefit to your property is shown below, along with an estimate of the annual cost that would result if the special assessment is collected with taxes over several years. The City Council has not yet determined the term of the assessment, but is considering three to five years. The City Council will discuss the City's corner lot policy and associated assessment calculations. The proposed assessment based upon the bids received for the improvement together with additional costs for engineering, legal and administrative expenses associated with the improvement. The assessment amount is the same as was used for the estimate at the improvement hearing. Proposed Special Assessment Per Property $750.00 Assessments may be prepaid at any time. No interest is due if paid within 60 days of adoption of the special assessment. Approximate annual payment based upon an interest rate of 5% and a payment term of the following: Three(3) years $282.44/year Four(4) years $216.91/year Five(5) years $177.66/year Please contact this office at (651) 429-3232 if you should have any questions. Mike Ericson City Administrator 2 CITY OF CENTERVILLE Notice of Hearing on Proposed Assessment Notice is hereby given that the Council will meet at 6:30 p.m. on January 13, 2016 at City Hall, 1880 Main Street, Centerville, MN to consider and accept public input on the proposed assessment for the mill and overlay improvement of: 1. Cottonwood Court 2. Deer Court 3. Hunters Trail 4. Meadow Circle 5. Meadow Court 6. Mill Road 7. Cardinal Drive 8. North Robin Lane 9. South Robin Lane 10. West Robin Lane Adoption by the Council of the proposed assessment may occur following the hearing. The area proposed to be assessed is the abutting properties to the above stated streets. Such assessment is proposed to be payable in equal annual installments extending over a period of three (3) years. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2016. Subsequently, special assessments shall be made in equal annual installments including principal and interest in an amount sufficient to amortize the principal over the stated term at the interest rate set by the Council. You may at any time prior to certification of the assessment to the County Auditor,pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 5 percent per year. Partial prepayments may be made within 30 days of adoption of the special assessment. The proposed assessment roll is on file for public inspection at the City Clerk's office. The total amount of the proposed assessment is $85,828. Written or oral objections will be considered at the meeting. No appeal to district court may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minn. Stat. §429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. 3 Under Minn. Stat. §435.193 to §435.195 and City Code Chapter 33, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older, one retired by virtue of a permanent and total disability, or a member of the National Guard or other reserves ordered to active military service for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law and Ordinance, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and Chapter 33, may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his/her property. Published in the Quad Community Press on December 22 and 29, 2015 Teresa Bender, CMC City Clerk 4 88888888888888888888888888888888888 8888888888888 '� '1 �.o a U � 88888888888888888889888888888888888 8888888888888 '�� Y�� vi Cc' ' � IIaza �aliaasaa �+. � xaa� � ea -:aa acaaaa� aaaacaaaaa E��. E��L _ 6 ss�3�aa::3���assasss3����assaaaassa ;ssa;��g����� ., � n ��zS' sssss sssssssssP! PAP isssssssss�ss ss sss sa sss ,.,w E z zs zzrzzzEz 3 rzzzzzrzzz zzF Y z zz sibs 7aiFSsa mass l slim saaaaaaasa ssi1112f7azas:s its �csasa va■::c ac :aaas :EE ss:aa���ssasas��fss�aaaaa33�3"'�333� ���;33������� � �ssssss�ssssssss�s�ss"s_ss�assYs9����°R ysss"s�ssa�s3�s o '� �Co �CCrr � sCCs'C=�ees8_�3 X24- HVf, iVi11181 "Hal sisfi$iis$s43ia33ii f€ss`iiiiiisiis`� s$iisisf$$i$$ J ,/ PreRNIM6ry Ammar Wt RON 2cwThINperbyh4Nnm CRydLeNMr/le 23-31-22-11-0024 Mr Shawn Reeser arCurrent Owner I9114CardWOnve Cenlar®e MN 55036 Reo6ental 19%Cardnal Drive 1-inch Per parcel 1 $55000 SSSOOD 73-31-22-11-OMS Ms U.S.—McGowan wChnentOwne, 1996Grd.do— CMt-Ak MN 55036 Re witenual 19U CrduW Dme 1-e 11 Par parcel I SSS000 $55000 23-31-22-1100¢6 Mr hxob Olson or Current Owner 1962 Crdmal Dore CeMev4k MN 55039 Resdenbal 1911 Carc nal Drive 1-inch Per Parcel 1 $550 00 $55000 23-31-22-111=7 Me Darted M"k -Current Owner 19M Cardaul Dnve Centerv4k MN 55056 Residential 1976 Cardaal Drive 1-ilei Par Parcel 1 $55000 $55000 23-31-22-11-ORS Mr Paul Warne or Current Owner 1970CPnhnNDrwe Centervdle MN SS036 Rewdemal 1970 Card"Ortre 1-mei Per parcel 1 SSW 00 SSSOOD 23-31-22-114129 Mr C,.,W Ak..A. wCurrentOwer 1967 North Rohn tare CenterWRe MN 55036 ReeidentW 1967r6uMRobn Eane 1-inch Per parcel 1 $55000 SSSOOD 23-31-22-314)MO Ms Myrna Woakry or Current Owner 1977 North Rabin lane Centernhe MN 55036 Resldental 1977 North Rob.lane 1-both Pe pausal 1 SSSOAO $SSOOD 23-31-22-11,=l Ms EmdyMmn rCurreat Owner 19633 North Rabe,Lm Cent—be MN 55036 Rewdentel 1963 North Rob.Lane ]-inch Per parcel 1 $55000 $SSDOD 23-31-22-11-=2 Ms 1aWEw licks or Current Ower 1969 North Rohm Lane Cetavdk MN $SM RerdentW MIND North Rob.Lane 1-rrh ►err parte] 1 WOOD SSWOD 2331.22-11-01)33 Mr L Mm Kinn Saimert or Currerw Owren 1935 Nath Rohm Lane Cenlavilk MN SWU R.W-W 1995 North Rahn lane 1-inch Per Parcel I SSSOOD $55001) 2 33 1-2 2-114 03 4 Me Pabeh Donahue .Curreet Owner 1996 South Rabin Cane cantanile MN 55036 Realdetel 1964 South Rohe tae 1-Mesh Per pend 1 555000 SSSOOD 2331-22-114035 W EM Naeehdder -Current Owns 191183airthit hrLara CerdeM4 MN 55019 Reshderwal 1961 South Roth Lane 1-imh ►err parcel 1 SSSO OD $5500D 2341-22-21-0036 Mr IS Mn Thirry Ch—der wCurentOveer IM South Rohn Lane Cadervpe MN 550M ResdeMW 1962 South Robin Lane I-inch Per Parcel 1 SSSO OD $55000 2331-22-114=7 Ms$.a Ded— wOrrentOwer 1l76focdh AobInlm Cw6errAe MN S501P Resdental 1976Sauth Robin lm Syuh Pe parcel i $550w $550 OD 2331-22-114=6 Me lenakr SMbye or Current Owner 19705nceh RohIn Una (imanik Met SS036 Reskimal 11IMSauth Rabin Lae 1-Inch Pe Parcel 1 WA 00 555000 23.31-22-114039 Clea Her or Current Owner 1967 Canal Dnre Canm4le MN SS=9 R—]lectin 1967 Cardinal Time 1-Mi Per Parcel I $SS00D SSW W I331-22-114060 Garth lohmon Realty err CurrenOwer 1977 Cardinal Oren Centerville MN 55=9 Reedenuai 1977 GrAnal Prue 1-inch Par Parcel 1 $55001) $SSOOD 23-31-22-11-0=1 Me Leta Z—an arCeratt Owna 1965 Crdml Drove CwtwWk MN SSMRaeudeaW 1963 Card"Dina 1-a11, Pa Parcel 1 096 00 sswoo 23-311-22-11-0042 Mr 6MN SbnkyAhhg@rhfer wCiersot Mho 19M Cardinal Dare CAnnmRe MN SWU hWdebal IBM Carinal time 1-inch Per Parcel 1 $551)00 SSSOOD 23-31-22-114DU Mr A Mn Actives Dud— rcernre0uwa 1993 Cardwt 0— Carn—ft MN %son Rsaden0el 1995 Cardinal One I-web Par Parcel 1 $SSDOD $55000 23-31-22-21-MU Mr6Ran,ForrestRuaN wCunentOune 1995$wAActe,Lam CerRsrvl4 MN SS=pReedenial 199S South Robin Lane 1-inch Per panel 1 $55000 $5SOOD 23-31-22-114=5 Mr R d rd Lang or Current Mho 1969SouN Roba Cone CedarhRe MN SWU Residences! 1996 South Noun Lm 1-nN Per Parcel 1 SSW OD $55000 2331-22-114066 Tou Lee a CurtentOwne 1963 South Rehm Ian, Centerville MN SWW Resdmbal 1993 South Ruben Law 1-.ch Per parcel 1 $55000 $55000 2331-22-114067 Mr Ryan Jalnesn wOaet Owes 1977South Rolnlane Centmille MN SWU Readental 1977 South Robin Lm 1-inch Per parcel 1 SSW OD SVA= 23.31-22-114049 Ms Cheryl Soya IS Ma Roby CRrwopherson or CuarernOwha 1971 South Robin Lm Cent—Se MN 5SOU hheldcsh4al 1971 SreM Robin Lam ]-Inch Par Parcel 1 $SWQD $550 OD 2331-22-114049 Mr SM.Douglas Kruse wCw4r%Owar 1965 Said,Robin ten fatesntk MN SS=6 Reliketal 1965 South Rnbn Lane 1-inch pe Pace 1 $55000 SSSOOD 2331-22.114D50 OTY PROPERTY 39 Parcel, COTTONWOOD COURT SOUTH OF MANN 23-3142.144027 Mr Th—Rerdrn orCune00— TONICanorm—cl Cowl Contac.& MN 55039 Resdeftl 7099Cwtonwood Court I-arch Per parcel 1 $SSOOO $SSOOD 2331-22-WOMB Mr 9nen Nyberg .Current Owns 7032 Cottonwood Court CenamNe MN 55039 Realehal 7092 Cotbewoed Court 1-arch Per Parcel 1 $55000 $550= 2331-22-14-029 Mr 6MN Ames Scott arCurrent Mar 7014 Cottonwood Court Centerville MN55039 Resile Cal 7094 Cottonwood Cwt 1-ech Per Parcel 1 555000 SSSOOD =0 23-31-22-149Me 6 Mrs Bran Colvard w Current Owes 7072 Cotmoe nwd Court CenbomBe MN SUN Resalen0al 7072 Omonwood Court I-inch per parcel 1 $55000 $550 w 23-32.22-144MI Mr SM.Man led., a Onent Owner 706/Cono nwoed Court Cenarvt k MN 55=9 Re"aftlel 70M Cottonwood Court 1-inch Per Panel 1 MO OO $550= 2331-22.14-0=2 Mr Shipp Hawley .Current Oywa 706000Nonwood Cain Centerville MN 5SM Residential TWO Con"melCorn I-ndh per parcel 1 SSW 00 $55000 23-31-22-149=3 Me Linn Chmeen Neuthene wCurrentOwer 7054Calmnrood Chun CeesnWla MN 550361esklentlal 7059 Cothneved Court 14eh Per Parcel 1 $SSOGD $550 OD 2331-22-14-0034 MS Haan Thoron orCuradG— 7049 Coh-uvead Gun Carbonate MN 55069 RwaYnmal TOO Cottonwood Court 1-nch Par parcel 1 $55000 $S50w 2331-22-14-OMS Mr III Met Man Lorean aChrned Own, 70"Cottonwood Cant Camenelk MN SSOM RestlaMW 7080 ttatwood Curet 1-bnh per Pacal 1 SSW OD $SM OD 2331-22-149=6 Ms lent lameu wCurentOunne 7041 femruroed Gun Cenborwee MN SSM Raskiwa it 7041 Coltmweod Court 1-Inch Par Pared 1 SSS000 $55000 2331-22-144)=7 Mr RMN Tewa ,Ionian a,Current Owner 7049Catte cel Caen C-bervde MN SSM Resdinual 7069 Cottonwood Cour) 1-Yoh Per parcel 1 WOOD $55000 2331-22-344MB Mr A MN Davin Newell or Current Owner 705SCotrw,weed Cwt CanherrMe MN 55038 ResdarBal 7055 Cottonwood Court 1-inch Par Pace I SSW 00 $550= 2331-22-144=9 Mr 6MN Emd 6auDeM .Cuvnm Own, 7063 Cattehwood Court Canborvde MN 55034 ResNee" 704 Cattanwoed Court 1-Inch Per parcel 1 $550w $550= 2337-22.1401)10 Mr 6MN Stawn Nary wCaaan Owrwe 7071 Catpnwuod Court Cmeam& MN SHIM Render" WI Cottonwood Court 1-Inch Per parcel 1 $5500 $5500 23-31-22-144)041 Mr h.es Peyer wCurran Owtr, 7075 Caetahwoed Court Ceemnnk MN SUN Rescan= 7075 C~ww2d Court 1-mch ►e Parcel 1 $55000 SSSOOD 23-31.22-144042 MS Karen Rodeman aCurrent Ower 7015 Cottonwood Court Ceninuelm MN SS=9 ResWntal IMS Cattenwood Co." 1-inch Per Parcel 1 $S50 OD $5500 2 3 31-2 1-14 41)6 5 Mr•Ms Stove Dosch .Current Owns 7095 Cottonwood Court Cenandk MN SSOI6 R"Merdle! 7095 C.tonvood Court 1-Inch Pe Parcel 1 SSSOOD $5500 23-31-22-140=4 Mr 6 MN Wi1um Campbell ce Current Owner 7097 Cottonwood Court Cent—lik MN SS039 Reseledrel 7=7 Cottonwood Court I-mch Pe parcel 1 SSSO w $SSOOD U1 pxrels MEADOW CIRQE/%EADOW COURT SOUTH OF CEIN70 pIE]ROAD 23-31-22-314053 Mr 8 Mn Brat brad w Current Ow urr 6992 MeadowGcle C4ntervlRe MN 55=6 Rasdenbal 6992 Meadow Ord. 1-ei h Per Parcel I SSSOOD SSSO w ��n\ 2331-22-314054 Mr IS Mn helrrey Par a Current Oweer 6964 Meadow Circle Centerville MN 55036 Recdenbal 6964 Mellow Crete 1-Ydh Per parcel 1 SSSOOD SSSO w 2331-22-314=5 Mr Mad GanNe wCaraRMha 6976 Meadow Circle CademBe MN SS0U Rtsdential 076 Meadow Cade 1-Yoh Par Parcel 1 SLW00 $550 OD \T, 2331-22-314066 Mr IS Mrs by 6cehek a,CMrentOweesr 6970 Meadow Cele Carterville MN SSOM Rendauul 69MM-d—arck 1-Yoh Per parcel 1 $SSOw $SSO 2331-21.314057 Mr6MN peborbhreston wOrrrn Owner 6966 Meadow Circle CenboMPe MN SS036 haadanW 6966 Meader Ocie 1-inch Par Parcel 1 SSWOO SnSSOw r\ 'l lel 1 �� hOle 6 88888888888888888888888 888888888888888888688888 8 �tStS{StSt�t�t�SiRR�t�t�A�t��t9�lSiASi St St St�tStARR51�1RA5I�t5iARS1�t�tA�tASi ------------------- 88888858888888888888888 888888888888888888888888 zzzzzz zszz z z z- azz z zz-- z aeaaaaaaaaF i asiaaai "3�diaaaa sssssssssss�3���sssssss ssssssssssssssssss��ssss IIf111 1Y ' 33333333 3333M33s ass sa YYY�'Y YYYY L L L L t �. �ssss sss o �r� �� KIli�ii� p�7 t�f27 7�I7I�IIiE11S�I7I3f ZifFiiE�II37�Q���g�gi i13 g53 �g s`g��ii sg93zs`3i33�3fsiaai�f 1 " w aaaagntiaap^ 24 2aa qa« 4. Weighted Areas For the purpose of storm sewer assessments, the weighting of areas shall be based on zoning as follows: Residential 1.00 High Density Residential 1.25 Commercial 1.50 Industrial 2.00 5. Front Footage a. Single Frontage Lots In platted areas, the front footage for purposes of front footage assessments shall be determined at the building set back line as described in the Centerville Zoning Ordinance, Code of Ordinances for the City of Centerville, Ordinance No. 4, and shall be measured parallel to the property line abutting the improvement. In unplatted areas, the City Council shall establish on a case-by- case basis a formula for determining the assessable front footage for each improvement project. Typically, this will be accom- plished by dividing the property into equivalent lot units. The total parcel front footage shall then be determined by summing the front footage for each equivalent lot unit. b. Corner Lots In the case of a street improvement project which abuts both sides of a corner lot, the front footage shall be the dimension of the shorter side plus 20% of the dimension of the long side as measured according to Section II (A) (5) . In cases of corner 4 lots affected by two projects, the lot may receive two assessments. However, the sum of the front footage assessed shall not exceed that described above. For all other improvements the front footage shall be the front footage established for the smaller of the two sides of the lot. Where the proposed improvement project is only along one side of a corner lot the front footage established for that side shall be used. 6. Service District A service district is the area, as determined by the City Engineer and approved by the City Council , which will receive benefit from a proposed improvement project. This type of approach for assessment purposes is typically used for trunk and subtrunk sanitary sewer projects; trunk, subtrunk, source, storage and treatment water projects; and trunk storm sewer and collector street projects. B. General 1. Petition Petition shall mean a written document presented to the City Council for purposes of initiating a public improvement project. All signatures shall be accompanied by the address of each signator, the date of the signature and a printing of each signator's name. An example of the usual form of petition is included in the Appendix. 5 9 January 13, 2016 Mr. Mike Ericson City Administrator City of Centerville Dear Mr. Ericson, I would like to let it be known that I do not feel the pavement on Deer Court needs to be resurfaced at this time. There are some spots of Hunters Trail that could be fixed, but not Deer Court. I request you take Deer Court off your list for resurfacing. Thank you. a �1 Rolf and Wendy Johnson 6872 Deer Court Centerville, Mn 10 CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING FOR FRANCHISE ORDINANCES Notice is hereby given that the Council will meet at 6:30 p.m. on January 13, 2016 at City Hall, 1880 Main Street, Centerville, MN to consider and ac- cept public input on proposed franchise ordinances with public utilities serving the City which use public property and rights of way within the City. These public utilities are as follows: CENTERPOINT ENERGY RESOURCES CORPORATION, d/b/a CEN- TERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"). CONNEXUS ENERGY, A MINNESOTA COOPERATIVE CORPORA- TION. NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORA- T 'J, d/b/a XCEL ENERGY. Adoption by the Council of the proposed franchise ordinances may occur following the hearing. The agreements will govern all franchises for electricity and natural gas within in the City for the next twenty (20) years. Some of these ordinances will replaces or revise existing franchise ordinances. The proposed franchise ordinances and associated documents are Ordi- nance #75 through Ordinance #84, Second Series Summaries. These ordi- nances are on file for public inspection at the City Clerk's office. Public com- ment will be received at the hearing by either written or oral means. Teresa Bender, CMC City Clerk Published two times in the Quad Community Press on December 22 and 29, 2015. 11 CITY OF CENTERVILLE CITY COUNCIL MEETING December 9,2015 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of December 9, 2015 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member Jeff Paar Council Member D. Love ABSENT: None. Not eo v e } STAFF: City Administrator Mike Ericson City Attorney Kurt Glaser Finance Director Ellie Paulseth Engineer Mark Statz I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. IL PLEDGE OF ALLEGIANCE III. PUBLIC INPUT—2016 Budget& Tax Levies (TNT Hearing) Finance Director Paulseth reviewed the budget presentation with the City Council, stated that the tax levy would be increasing by 7% or approximately $91/year on a home valued at approximately $163,000 with the proposed 2016 budget. Finance Director Paulseth reviewed Centerville's levy trends, general fund revenue and expenditures and tax rate for the past five years. Finance Director Paulseth stated that there were several major factors that affected the 2016 proposed budget and they are as follows: staff cost of living adjustments, staff health insurance benefit increase, primary and general elects, public safety (police and fire) increases and Public Works repairs/maintenance increases. Finance Director Paulseth stated that Council has made and is committed to funding street improvements through budgeting and consideration of franchise fees with a minimal assessment for routine mill and overlays. Mayor Wilharber provided an opportunity for public input/comment and no members of the audience desired to speak. 12 City of Centerville Council Meeting Minutes December 9,2015 IV. APPOINTMENTS/PRESENTATION As individuals presenting CenturyLink Franchise Agreement were delayed, the Council held the Public Hearing on Proposed Improvements—2016 Mill & Overlay Project at this time. 2. Public Hearing on Proposed Improvements—2016 Mill& Overlay Project Engineer Statz stated that the City published and mailed required notice for the public hearing and that it is the first of two (2) meetings that are required to take place; one (1) regarding the improvement itself and one (1) for the related assessments (MN State Statute 429). Engineer Statz stated that the scope of the project is a 1" mill and overlay within the Royal Meadows Development (Cardinal Drive, North, South and West Robin Lanes), Cottonwood Court, Deer Court, Hunters Trail, Meadow Circle, Meadow Court and a 2"mill and overlay on Mill Road. Engineer Statz stated that for the previous two (2) years the City has been utilizing the thin mill and overlay method rather than the seal coating method for street maintenance which has proven to be more cost effective and extends the roadway by preventing premature deterioration. Engineer Statz stated that if Council orders the proposed improvement benefiting/abutting property owners will receive a nominal assessment similar to years past ($500-$550); however, this meeting is not where Council will be accepting input regarding assessments. Council Member King questioned the proper time for public comment on the assessments and Engineer Statz stated that property owners would be receiving notice of that hearing dependent upon Council's direction this evening. Council Member Fehrenbacher stated that a thin mill and overlay project would delay a full reconstruction of a roadway by five (5) or more years and be similar to changing the oil in your automobile and much less expensive than a full reconstruction. Council Member Love questioned whether additional items would be addressed similar to previous mill and overlays. Engineer Statz stated that the City is being proactive on adjusting manholes and curb replacements in areas of pooling or breakage. Council Member Fehrenbacher also stated that with a mill and overlay project, Rice Creek Watershed District does not require rain gardens or other methods for water runoff that they would for a full reconstruction. Council Member Paar questioned Engineer Statz regarding bids and anticipated costs. Engineer Statz stated that he felt that the City received fair and competitive bids within the City budget. Mr. David Peyla, 7235 Mill Road stated that he felt that the previous two (2) mill and overlay projects have not extended the life of the roadway, construction equipment has caused premature damage to the existing roadway and questioned whether funds were in escrow to pay for the premature damage rather than placing the expense on property owners. Mr. Peyla questioned the basis for the decision on repairing the roadway. Engineer Statz stated that a 2" overlay would be utilized on the roadway as it has been some time since improvements have been made to it and it fits into the pavement maintenance schedule and compared to streets of similar age. Engineer Statz stated that any escrows from previous projects have been returned due to the completion of the development(s). Mr. Peyla also questioned drainage, curb and gutter concerns. Engineer Statz stated that the roadway is somewhat of a collector street, is considered to be more rural in Page 2 of 10 13 City of Centerville Council Meeting Minutes December 9,2015 nature and until such time as Council considers a full reconstruction including widening; curb and gutters will not be installed. Engineer Statz also stated that this is simply an overlay project adding additional life to the existing roadway. Mr. Joseph Meath, 7246 Mill Road questioned Council's thought process from 2009 when it was desired to replace the entire roadway. Council Member Fehrenbacher stated that a trail has been installed along with drainage modifications. Council Member Fehrenbacher also stated that in 2009 Council choose to leave the roadway a more rural roadway and their decision was based on economics and resident input. Engineer Statz stated that they City is enduring 80% of the costs associated with the proposed mill and overlay, he was unsure as to whether the roadway was deemed a collector street in the City's Comprehensive Plan, and if it were a collector street nothing distinguishes if residents pay less and the City pays more of the share of the costs. Mr. Meath questioned assessments and living on a corner lot. Engineer Statz stated that the City would review its policy regarding corner lots and assessments. Mayor Wilharber stated that the last two (2) mill and overlay projects averaged benefiting property owners $500 to $525 an assessment with the majority of expenses being paid by the City through its Street Maintenance Fund. Council Member Paar questioned whether major areas would be corrected in the road such as humps or hollows or broken curb and gutter areas. Engineer Statz stated that these areas would be repaired/replaced along with areas that are retaining water but those repairs would be minimal. Attorney Glaser stated that escrows are common for development's. However, it has been years since any development has taken place and unless damage was noted prior to completion nothing would have been retained. Both Mr. Meath and Mrs. Scheller felt that there was premature deterioration of the roadway due to the construction vehicles. Engineer Statz stated that no repairs had been made to the roadway since 1985 and Council Member Love stated that little to no inconvenience was received to vehicles when his roadway was completed last year. Mayor Wilharber Closed the Public Hearing at 7:06 p.m. Ms. Mary Santee from the League of Women voters stated that they service 30 communities from the St Croix Valley to the Northeast suburbs. Ms. Santee stated that recently the League adopted a study to audit communities for compliance with the open meeting laws and from time to time visit open meetings. Ms. Santee stated that for the most part they find that cities go above and beyond legal requirements and do all that they can to let citizens know of the business that they conduct. Mayor Wilharber stated that laws regarding the open meeting law have changed significantly over the years and Centerville's Council takes pride in not violating the law and desires the public's input on issues. 1. Presentation of CenturyLink Franchise Agreement—Mr. Michael R. Bradley, Hagen & Gullikson,LLC & Ms. Heidi Arnson,North Metro Cable Commission Page 3of10 14 City of Centerville Council Meeting Minutes December 9,2015 Mr. Mike Bradley introduced himself to Council and reviewed the presentation contained in Council's packet. He is the contract attorney for the North Metro Cable Commission and presented the franchise agreement as required by the Cable Television Consumer Protection and Competition Act and that the Commission recommended adoption to their respective member cities. Mayor Wilharber questioned where the City of Centerville was the last to review and consider the agreement. Mr. Bradley stated that the City of Lino Lakes would be reviewing it on the 14th of December. Mr. Bradley stated that there cannot be difference between requirements of the current Comcast Franchise Agreement and CenturyLink's, that Century Link's agreement only runs for a period of five (5) years to ensure buildout requirements or penalties and the diligence of CenturyLink in installing fiber to neighborhoods if not to some homes already. Mr. Bradley stated that CenturyLink will provide a Twin Cities Metro-Wide Public/Educational/Governmental Interconnect allowing municipalities to share live programming with one another and share electronic file and a complimentary intemet/wi-fi for the public's use to each municipality. Council Member Fehrenbacher questioned whether CenturyLink would have the capability to provide Prism to government buildings. Mr. Bradley stated that the government building's cameras would also work on their network. Engineer Statz stated that CenturyLink has the same rights to the right of ways as does Comcast and our City Code requirements. The Mayor called for public input and heard none. Mr. Patrick Haggerty from CenturyLink stated that it has been a pleasure working with North Metro Staff and Mr. Bradley on the proposed franchise agreement. He looks forward to working with the member cities if the agreement is approved. V. APPROVAL OF THE AGENDA Mayor Wilharber added Check #29891-29916, Item #12. Approve Hiring Jack Beavens, Andrew Schweitzer & Simon Knockel as Seasonal Ice Rink Attendants under VII. Consent, reminded Council Members that there were replacement pages for Item #2 under VIII. Old Business and added Res. #15-OXX — Adopting Budget & Tax Levies for 2016 which the item was on the Agenda but not notated and not contained in the packet. Motion by Council Member Love, seconded by Council Member Paar to approve the Agenda with the above stated amendments. All in favor. Motion carried. VI. APPROVAL OF MINUTES 1. November 12, 2015 City Council Meeting Minutes Page 4 of 10 15 City of Centerville Council Meeting Minutes December 9,2015 Mayor Wilharber provided Council Members with an opportunity to amend the presented minutes. Motion by Council Member Fehrenbacher, seconded by Council Member King, to approve the minutes of the November 12, 2015 City Council Meeting as presented. All in favor. Motion carried. 2. November 24,2015 City Council Meeting Minutes Mayor Wilharber provided Council Members with an opportunity to amend the presented minutes. Motion by Council Member Fehrenbacher, seconded by Council Member Love, to approve the minutes of the November 24, 2015 City Council Meeting as presented. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville November 12, 2015 through December 9, 2015 Claims (Check #29841-29890) & (Check#29891-29916) 2. Centennial Fire District Claims through December 2, 2015 (Check#7199-7229) w/Payroll Check #7195-7198 3. Centennial Lakes Police Department Claims through November 25, 2015 (Check #10616-10627) 4. Parks &Recreation Committee Recommendation to Purchase Recycled Rubber Mulch from Playground Equipment—Not to Exceed $1,250 5. Special Event Permit Application—Outrun Homelessness 5K, 8K&Kids Run/Walk— October 1, 2016, 6:00 a.m.-10:30 a.m.) LaMotte Park(Waive Fee) Subject to Anoka County Permit Approval, Centennial Lakes PD & Centennial FD Approval 6. Special Event Permit Application—Shake Your Shamrock 5K, 8K&Kids 1/3K Walk/Run—March 12, 2016, 7:00 a.m. — 1:00 p.m.,Around Centerville Lake Subject to Anoka County Permit Approval, Centennial Lakes PD & Centennial FD Approval 7. Special Event Permit Application,Noise Permit(8:00 a.m.-6:00 p.m.), Temp. On Sale Liquor License(10:00 a.m.-3:00 p.m.) &Raffle Permit(2:30 p.m.)—Centerville Lions Lynn Johnson Memorial Ice Fishing Contest—February 20, 2016, Centerville Lake (Waive Fees) (Subject to Anoka County Sheriff Department, MN DNR, Centennial Lakes PD & Centennial FD Approval) 8. Continuation of Recycling Incentive-Authorize Rebate to Residents, Subject to Anoka County Approval as in Years Past—Staff Determination of Amount Dependent upon Outstanding Expenditures 9. City Hall Hours (December 24 &December 31, 2015)—Closed 'h Day Christmas Eve Day& '/z Day New Year's Eve Day w/Employee's Use of PTO Time for Missed Hours 10. Off Sale Liquor&Tobacco License, Turgeon Enterprises, Inc. (dba Mainstreet Liquor Barrel) 11. Accept &Approve Resignation of Mr. Tom Wood from Planning& Zoning Commission Page 5of10 16 City of Centerville Council Meeting Minutes December 9,2015 12. Approve Hiring Jack Beavens, Andrew Schweitzer&Simon Knockel as Seasonal Ice Rink Attendants Mayor Wilharber requested that Item#11 be pulled for further discussion. Motion by Council Member Fehrenbacher, seconded by Council Member King,to approve the Consent Agenda Items 1-10 & 12 as presented. All in favor. Motion carried. Mayor Wilharber stated that Mr. Wood has served on the Planning & Zoning Commission for over 10 years, thanked him for his service to the community and Council Member Love noted that he was the longest sitting member on the Commission. Administrator Ericson stated that staff has prepared a Certificate of Recognition for Mr. Wood and it is awaiting the Mayor's signature. Motion by Council Member Love, seconded by Council Member Paar, to approve Consent Agenda Item#11 as presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. Discussion On Listing Prices of City Owned Property(1737 Main Street) & (1691/1695 Main Street-Lakeview) Mr. Lou Suski stated that he has researched comparable sales in the area over the last several months and with the recent sale of a neighboring property, suggested that the Council consider increasing the price of both parcels. Mr. Suski stated that approximately one year ago, the previous Administrator suggested that the prices be reduced and with the market inclining in interest it is felt that 1737 Main Street's asking price should be increased to $155,000 and 1691/1695 Main Street to $145,000 due to lake view and neighboring appraisals. Mr. Suski stated that the price increase also gave Council some wiggle room on sale price during negotiations. Mr. Suski reported that the property recently purchased by the school size was .30 acres and the City's two lots are .51 and .48. Mr. Suski felt that 1737 Main Street was a great value for the right business and Council desired to sell for the highest price and best use. Mr. Suski stated that current the market has slowed, however, generally speaking picks up immediately following the first of the year. Council questioned if there have been inquiries to the property along Heritage Street and Centerville Road. Mr. Suski reported that over the listing period he has received three (3) very vague inquiries. Mr. Suski stated that Council has been flexible with working with developers and would find that if a viable offer were received, Council would consider it. Discussion ensued regarding a developer's possibility of purchasing additional/abutting land if so desired. Motion by Council Member Paar, seconded by Council Member Love to Increase the Listing Prices of 1737 Main Street to $155,000 and 1691/1695 Main Street to $145,000. All in favor. Motion carried. Page 6 of 10 17 City of Centerville Council Meeting Minutes December 9,2015 2. Discussion & Update on Proposed Franchise Fees (Connexus Energy, CenterPoint Energy& Xcel Energy—Schedule Work Session to Discuss Administrator Ericson stated that Staff has met with representatives of all three (3) utility companies (Xcel, Connexus & CenterPoint Energy) with Ms. Colette Jurek, Manager - Community Relations & Economic Development for Connexus Energy being present in the audience. Administrator Ericson stated that Finance Director Paulseth has provided Council with a presentation in their packet and would be reviewing it with them. Finance Director Paulseth reviewed the presentation with Council, stated that this option is an avenue to fund street maintenance without assessments or little to no assessments, many other local cities are utilizing franchise fees and it does not increase the tax levy. Administrator Ericson stated that staff has experience in implementing these fees, have worked with all three utilities and believe that the City has been very transparent with both their discussion and consideration of these proposals. Mayor Wilharber stated that there are many entities within the community that are tax exempt and special assessments do not apply to them, (school and churches). This enables a fair playing field for road maintenance with all property owners benefiting and feels that the tax rate is high and cannot continue to sustain maintenance costs. Mayor Wilharber also stated that Cities previously received large local government aid, but that has been reduced affecting the City's ability to provide simple funding for such expenditures. The Consensus of the Council was to discuss franchise fees at a Work Session which would include staggered fees for commercial versus residential properties. Discussion ensued regarding length of time to implement, 2016's road maintenance projects/funding and the 2016 Budget. Finance Director Paulseth stated that it would take approximately 90 days from ordinance adoption to implement, that if implemented early in 2016 the City would receive half to three- quarters of the estimated annual fees proposed and funds from another fund could be utilized to subsidize the expenditures for a short period of time. Mayor Wilharber questioned whether Ms. Jurek could attend a December 16 meeting at 6:00 p.m. to discuss the franchise fees and Ms. Jurek concurred. Motion by Council Member Fehrenbacher, seconded by Council Member Love, to approve holding a Work Session on December 16, 2016 commencing at 6:00 p.m. All in favor. Motion carried. Mayor Wilharber requested that the Council consider IX. New Business Item#3 —City Code, Second Series#74 & Summary so that individuals in attendance regarding the item could recess if desired. IX. NEW BUSINESS 3. Approval of City Code, Second Series #74 & Summary Page 7of10 18 City of Centerville Council Meeting Minutes December 9,2015 Mayor Wilharber stated that the Council previously held a public hearing earlier regarding the matter and that if Council chose to adopt the Ordinance and Summary it would authorize CenturyLink the ability to provide cable services in the area along with Comcast. Motion by Council Member King, seconded by Council Member Fehrenbacher to Adopt City Code, Second Series#74 & its Summary as presented. All in favor. Motion carried. VIII. OLD BUSINESS (Cont'd) 3. Centennial School District ISD#12 Centerville Elementary School—Parking Lot Options Administrator Ericson stated that subsequent to the last Council meeting Staff has met with the School District Superintendent and Business Manager, along with Mr. Paul Steffel and City Attorney Glaser regarding the matter attempting to assist the School District in any way that the City can. City Attorney Glaser stated that the City may also commence the eminent domain process on the same parcel for the same reasons and let the courts determine who would prevail, work with the School District for the best possible use of the property through a political level and its continued tax generation or incorporate some concessions with the School District regarding the City's loss of tax generation and the redevelopment of the downtown area. Administrator Ericson stated that the ISD#12 Board has a meeting on December 21, 2015 if any members of Council would be willing to participate to discuss alternative options for the property and parking lot options. Mayor Wilharber and Council Member Fehrenbacher volunteered to meet with the School District on this matter. Lengthy discussion ensued regarding size of building that could be constructed on the property, property tax generation on that building for years to come, parking requirements, downtown redevelopment, Planning & Zoning Commission concerns, downtown storm sewer, drainage, etc. 4. 2016 Mill& Overlay Project—Res.#15-038—Receiving Bids, Ordering Improvement& Scheduling Assessment Hearing Engineer Statz reviewed the bid summaries with Council. Mayor Wilharber questioned the low bidder's, Knife River, ability to complete the work and his familiarity of their workmanship. Engineer Statz stated that he is familiar with their work and believes that the City received very competitive bids from vendor's of reputable firms. Discussion ensued regarding the 2016 Proposed Budget, Local Government Aid, Franchise Fees and how important they are to finance the pavement management plan. Council Member Fehrenbacher questioned Engineer Statz's fees and were they realistic. Engineer Statz stated that he desired to keep fees low, that staff would be providing construction assistance as with previous projects and did not anticipate any modifications in the fee proposed. Page 8of10 19 City of Centerville Council Meeting Minutes December 9,2015 Motion by Council Member Fehrenbacher, seconded by Council Member Paar to Adopt Resolution#15-038—Receiving Bids, Ordering Improvement& Scheduling Assessment Hearing as presented. All in favor. Motion carried. IX. NEW BUSINESS 1. Presentation of 2016 Budget& Tax Levies—Res. #15-039—Adopting Budget& Tax Levies for 2016 Discussion previously held at the beginning of the meeting. Motion by Council Member Paar, seconded by Council Member Fehrenbacher to Adopt Resolution #15-039 — Adopting Budget & Tax Levies for 2016 as presented. All in favor. Motion carried. 2. City Hall Security/Training Administrator Ericson stated that he recently attended an Active Shooter Session through Metro Cities and felt that with the numerous activities that have been transpiring it would be a good idea for council to consider this training through either the League of MN Cities or the Centennial Lakes Police Department. Council concurred and Administrator Ericson will schedule for both Council and Staff in the near future. 3. Approval of City Code, Second Series 74 & Summary Previously Discussed X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS 1. Administrator Ericson Mayor Wilharber stated the importance of resident's reporting leakage in water/sewer mains to either the Public Works Department or the Police Department so appropriate action can be taken for the situation. Engineer Statz stated that the City's lift stations have red lights on top of them which if lit alert individuals of a problem and have a telephone to contact. a. Administrator Review Administrator Ericson stated that he would include his annual review in the Closed Executive Session Agenda. Council Members requested that Administrator Ericson email the Appraisal Evaluation Forms to them in preparation. 2. Council Page 9 of 10 20 City of Centerville Council Meeting Minutes December 9,2015 Council Member Love stated that the Planning and Zoning Commission has two (2) vacancies. Council Member Love also stated that the Commission had discussed the downtown development plan, policy for the reader board and school parking proposal/Mr. Steffel's property. Administrator Ericson stated that he would research placing an ad in the local paper regarding the vacancies and ensuring that the web site also mentioned the item. Council Member Paar stated that the Parks & Recreation Committee has scheduled a Family Skate Night for January 9, 2016 at LaMotte Park commencing at 6:30 p.m. where they would be providing a bonfire, hot chocolate and popcorn for free. Council Member Paar stated that the event is weather/ice dependent. XI. ADJOURNMENT Motion by Council Member Parr, seconded by Council Member Fehrenbacher, to Adjourn the Regularly Scheduled Council Meeting of December 9, 2015 at 8:58 p.m. All in favor. Motion carried. Transcribed by Staff Member Teresa Bender, City Clerk Page 10 of 10 21 CITY OF CENTERVILLE SPECIAL CITY COUNCIL MEETING& CLOSED EXECUTIVE SESSION December 16,2015 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of December 16, 2015 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber(arrived at 6:31 p.m.) Council Member Ben Fehrenbacher Council Member Steve King Council Member D. Love Council Member Jeff Paar ABSENT: None. STAFF: City Administrator Mike Ericson Attorney Kurt Glaser Engineer Mark Statz, Finance Director Ellen Paulseth L CALL TO ORDER Acting Mayor Paar called the meeting to order at 6:12 p.m. II. PLEDGE OF ALLEGIANCE III. OLD BUSINESS 1. Discussion & Update on Proposed Franchise Fees (Connexus, CenterPoint& Xcel Energy) Administrator Ericson recapped the discussion from the December 9, 2015 City Council meeting in regards to the proposed franchise fees from Connexus, CenterPoint and Xcel Energy and the pros and cons that the franchise fees that would impact Centerville residents and commercial businesses. The goal of the franchise fee is to be an additional funding source for the maintenance of city streets. The amount of revenue generated from the franchise fees would be approximately $150,000 annually. Administrator Ericson stated that the city ordinances would have to be modified to allow franchise fees. He stated that there are approximately 1400 households which would generate approximately $134,000 based on an $8 per household. The commercial/industrial franchise fees would generate approximately $10,000 per month which is based on$16 per commercial business. Attorney Glaser stated that he has 3 of the 4 contracts in draft form and there is dedicated language that the City can add. He stated that these contracts are for a 20 year period. He stated that Council needs to set the rate for the franchise fees to be competitive for the utility companies. 22 City of Centerville Council Meeting Minutes December 16,2015 Council Member Paar asked are the franchise fees going to be based on the size of each business or are all businesses going to pay the same rate fee and is the fee going to be base from a percentage or a flat rate fee. Ms. Colette Jurek, Manager, Community Relations & Economic Development for Xcel Energy explained that the rates should be a flat rate verses a percentage. With a flat rate the city will be able to calculate the amount of funds they will receive from the franchise fees much easier than with a percentage rate. She stated that a flat rate fee would be collected monthly so the city could reach its goal and this also takes out the weather implications (ie: hot summer or cold winter where there are spikes in usage of electricity or gas). Ms. Paulseth stated that the suggested fee for residential properties would be $4 per household and for commercial properties $8, equating to 3.75% gross revenue for the City. The goal is to diversify the City revenue sources and not to solely rely on property taxes. Council discussed the impact of fees to the churches and schools who are currently tax exempt and how this would help. Collecting a franchise fee is another way to collect taxes for those businesses that are tax exempt. Mayor Wilharber stated he felt that tax exempt businesses should pay their fair share when it comes to maintaining the roads that they use. They also discussed the 20 year term of the franchise agreement and if there can be modification to the contract during those 20 years and will this new revenue source be used strictly for street maintenance and not for other projects. Ms. Jurek stated that the contract can be modified on an annual basis. She also stated that it is required by state law to negotiate both parties a fair rate to the property owners. Council also discussed a fair rate with the franchise fees so they would not have to assess the residents of Centerville for street maintenance. They discussed different scenarios regarding franchise fees. If a resident has a business on their property and how these charges would impact them (ie: resident who has a business in the back of their property, if they have 2 addresses they would get charged for a residential home and a commercial business, if they had 1 address they would be charged as if they were a commercial business - if they have 2 meters on their home, ie: one on a shed or garage and one on the house they would be charged for only residential home). Mayor Wilharber, Council Members Paar, Love and Fehrenbacher were in agreement with the $4 per household per month for residents and $8 charge per business. Council Member King did not agree with franchise fees. Council also discussed if $8 was going to be enough to charge businesses. They stated could you capture more of a fee for a large commercial building verses a smaller commercial building. The Mayor stated that they do not want to scare off any new or existing commercial accounts. A discussion continued with how the contract should be drafted and the city ordinance. One of the questions was can there be a clause in the contract stating that if the City desires to revise the agreement at a later date it can be accomplished, (increase fees, cancel fees, etc.). Council Member Paar reassured Council Member King that these funds that are collected though franchise fees would be designated for street maintenance. Council Member King stated that these fees are a hidden tax and you cannot write them off on your taxes where as if you levied for it you could. Administrator Ericson stated that the city can add the language to our ordinance that states that these franchise fees are for road maintenance projects only. Mr. Statz had concerns as to easements, equipment that is abandoned, and who's responsible. Page 2 of 3 23 City of Centerville Council Meeting Minutes December 16,2015 Council Member Paar, King and Love stated there will be a public hearing on January 13, 2016 in regards to the agreements and ordinances for franchise fees. IV. NEW BUSINESS 1. Ordinance#75, Second Series—Franchise Agreement—Xcel Energy 2. Ordinance#76, Second Series—Franchise Fee—Xcel Energy a. Ordinance#75 L, Second Series Summaries 3. Ordinance#77,Second Series—Franchise Agreement—Connexus 4. Ordinance#78, Second Series—Franchise Fee—Connexus Energy (Pages 46-48) a. Ordinance#77 & #78, Second Series Summaries 5. Ordinance#79,Second Series—Franchise Agreement- CenterPoint Energy 6. Ordinance#80, Second Series—Franchise Fee—CenterPoint Energy a. Ordinance#79 & 80, Second Series Summaries No action was taken on items 1 through 6a. Recessed to Closed Executive Session at 7:25 p.m. for Performance Review of City Administrator Ericson. V. CLOSED EXECUTIVE SESSION (Unless Otherwise Noted) 1. Performance Review Administrator Ericson VI. ADJOURNMENT FROM CLOSED EXECUTIVE SESSION/RETURN TO SPECIAL COUNCIL MEETING Motion by Council Member Love, seconded by Council Member King to adjourn from the Closed Executive Session and to return to Special Council Meeting at 8:18 p.m. VII. PERFORMANCE APPRAISAL—CITY ADMINISTRATOR Mayor Wilharber stated that the Council completed the annual performance review of the City Administrator, Mike Ericson; however, the Council would meet at their next regularly scheduled meeting with a Closed Work Session to continue to discuss the item. VIII. ADJOURNMENT Motion by Council Member King, seconded by Council Member Love, to Adjourn the Council meeting of December 16,2015 at 8:23 p.m. All in favor. Motion carried. Transcribed by Staff Member Kris Sweeney, Senior Account Clerk Page 3 of 3 24 CITY OF CENTERVILLE 01/08/16 3:54 PM Page 1 *Check Summary Register© Cks 12/11/2015-12/31/2015 Name Check Date Check Amt 10100 CENTRAL BANK Paid Chk# 000820E MINNESOTA DEPT OF REVENUE 12/18/2015 $929.20 STATE W/H-PAY PERIOD 25 Paid Chk# 000821EIRS/EFTPS 12/18/2015 $5,445.82 FED.W/H PAY PERIOD 25 Paid Chk# 000822EPUBLIC EMPLOYEES RETIREMENTI2/18/2015 $0.00 PERA W/H-PAY PERIOD 25 Paid Chk# 000822EWELLS FARGO 12/18/2015 $1,052.07 H..S.A W/.H-PAY PERIOD 25 Paid Chk# 000823EPUBLIC EMPLOYEES RETIREMENTI2/18/2015 $2,721.42 PERA W/H-PAY PERIOD 25 Paid Chk# 000826EMINNESOTA DEPT OF REVENUE 12/30/2015 $1,008.92 STATE W/H-PAY PERIOD 26 Paid Chk# 000827EPUBLIC EMPLOYEES RETIREMENTI2/30/2015 $2,635.70 PERA W/H PAY PERIOD 26 Paid Chk# 000828EIRS/EFTPS 12/30/2015 $6,044.40 FED W/H-PAY PERIOD 26 Paid Chk# 000829E STATE OF MINNESOTA 12/30/2015 $1,209.28 P PALZER&T BENDER PTO HRS T Paid Chk# 029917 MCCULLOUGH AND SONS WELL 12/15/2015 $1,950.00 1989 ROBIN LANE S-WELL SEAL Paid Chk# 029918 NATIONWIDE RETIREMENT 12/15/2015 $10028 DEF.COMP W/H-PAY PERIOD 25 Paid Chk# 029919 PETERSON,TEDD 12/15/2015 $223.20 SAFETY GLASSES-REIMBURSEMENT Paid Chk# 029920 VANTAGEPOINT TRANSFER 12/15/2015 $300.00 DEF COMP W/H-PAY PERIOD 25 Paid Chk# 029921 AMUNDSEN,KEVIN 12/28/2015 $60.00 CORRECT CK NUMBER-FOR PARK& Paid Chk# 029922 BETTINGER,CHRISTOPHER 12/28/2015 $60.00 P&R MEETINGS 10-7, 11-4&12 Paid Chk# 029923 BRUDER,DAVE 12/28/2015 $582.93 REIMBURSE FOR BLDG MATERIAL FO Paid Chk# 029924 BURMEISTER,GREG 12/28/2015 $149.96 REIMBURSE FOR 2016 DAYTIMER RE Paid Chk# 029925 COMCAST 12/28/2015 $35.77 HIGH SPEED INTERNET Paid Chk# 029926 DELTA DENTAL 12/28/2015 $422.45 COBRA-D.LARSON-JAN.2016 Paid Chk# 029927 GRAHEK,JOHN 12/28/2015 $60.00 P&R MEETINGS 10-7, 11-4&12 Paid Chk# 029928 HALLFIELD CONTROLS INC. 12/28/2015 $3,938.34 SCADA-INSTALL NEW DIALER Paid Chk# 029929 HANSEN, LLOYD 12/28/2015 $300.00 REFUND DEPOSIT-VARIANCE REQU Paid Chk# 029930 HEALTH PARTNERS 12/28/2015 $4,495.22 JAN.2016 HEALTH INS Paid Chk# 029931 INSTRUMENTAL RESEARCH INC 12/28/2015 $38.00 NOV.2015 WATER TESTING Paid Chk# 029932 KONRAD MATERIAL SALES,LLC 12/28/2015 $8970 ASPHALT PATCH-WINTER MIX Paid Chk# 029933 LITTLE FALLS MACHINE, INC. 12/28/2015 $9767 PLOW TRUCK-WING BOLTS&CAST Paid Chk# 029934 MARCO,INC. 12/28/2015 $321.78 KONICA MINOLTA COPIER Paid Chk# 029935 MECHANICAL AIR SYSTEMS 12/28/2015 $349.87 6995-20TH AVE REFUND DEPOSIT •id Chk# 029936 MEDIATION SERVICES 12/28/2015 $418.00 2016 DIRECT DISPUTE RESOLUTION id Chk# 029937 MN DEPT OF LABOR&INDUSTRY 12/28/2015 $80.00 P.PALZER CERTIFIED BUILIDNG 0 ,,aid Chk# 029938 NACE 12/28/2015 $210.00 P PALZER REGISTRATION FOR SEMI Paid Chk# 029939 NORTH STAR PUMP SERVICE 12/28/2015 $38500 SERVICE TRIP LIFT STAT 1 Paid Chk# 029940 PETERSON,BRIAN 12/28/2015 $60.00 P&R MEETINGS 10-7, 11-4&12 Paid Chk# 029941 PRESS PUBLICATIONS 12/28/2015 $59.08 ORD.NO.74 Paid Chk# 029942 SEELEY,SUZANNE 12/28/2015 $40.00 P&R MEETING-11-4&12-2-15 Paid Chk# 029943 STANTEC CONSULTING 12/28/2015 $6,602.98 GENERAL SERV THRU 11-27-2015 Paid Chk# 029944 VERIZION WIRELESS 12/28/2015 $319.07 CELL PHONE SERVICE THRU 12-9-1 Paid Chk# 029945 WASTE MANAGEMENT 12/28/2015 $6,27363 IST HALF DELINQUENT GARBAGE Paid Chk# 029946 Voided 12/28/2015 $0.00 VOIDED Paid Chk# 029947 XCEL ENERGY 12/28/2015 $4,398.69 7098 CENTERVILLE RD-SERV THR Paid Chk# 029948 INTEGRA 12/29/2015 $82.58 PHONE SERVICE THRU1-22-16 Paid Chk# 029949 ISS 12/29/2015 $103.65 SYSTEM MONITORING-2085 W CED Paid Chk# 029950 NORTH STAR PUMP SERVICE 12/29/2015 $57800 SERVICE TRIP-LIFT STATION 1 Paid Chk# 502990EBI-WEEKLY ACH 12/16/2015 $13,418 90 PAY PERIOD 25 Paid Chk# 503005EBI-WEEKLY ACH 12/30/2015 $14,544 24 PAY PERIOD 16 Total Checks $82,195.80 25 CITY OF CENTERVILLE 01/08/16 1:37 PA Check Detail -January 6, 2015 through January 13, 2016 Page Check Date Check# Vender Name Comments Amount 1/8/2016 000830E PSN ACH CHARGES-PERMITS&FEE-ON LINE PAYMENTS-12-4- $3.50 1/8/2016 000830E PSN ACH CHARGES-MISC.PAYMENTS-ON LINE PAYMENTS-12- $19.98 1/8/2016 000830E PSN ACH CHARGES-UTILITIES-ON LINE PAYMENTS-12-4-15- $104.04 1/8/2016 000830E PSN ACH CHARGES-UTILITIES-ON LINE PAYMENTS-12-4-15- $104.03 Check Nbr 000830 PSN $231.55 1/6/2016 029951 POSTMASTER NOV.&DEC.2015 UTILITY BILLING-POSTAGE $188.89 1/6/2016 029951 POSTMASTER NOV.&DEC.2015 UTILITY BILLING-POSTAGE $188.90 1/6/2016 029951 POSTMASTER NOV.&DEC.2015 UTILITY BILLING-POSTAGE $188.90 Check Nbr 029951 POSTMASTER $566.69 1/6/2016 029952 SUN LIFE INSURANCE COMPANY JAN.2016 LIFE INSURANCE $57.80 1/6/2016 029952 SUN LIFE INSURANCE COMPANY JAN.2016 COBRA-D.LARSON $3.60 1/6/2016 029952 SUN LIFE INSURANCE COMPANY JAN. 2016 DISABILITY INSURANCE $136.10 Check Nbr 029952 SUN LIFE INSURANCE COMPANY $197.50 1/13/2016 029953 ANOKA COUNTY PROPERTY RECORDS 2124197.006-1692 LAKELAND CIRCLE-ENCROCHMENT-SHED $46.00 1/13/2016 029953 ANOKA COUNTY PROPERTY RECORDS 2124197.005-6727 BEAVER POND WAY-ENCROACHMENT- $46.00 Check Nbr 029953 ANOKA COUNTY PROPERTY RECORDS $92.00 1/13/2016 029954 ANOKA COUNTY TREASURY FEB.2016 BROADBAND $37.50 1/13/2016 029954 ANOKA COUNTY TREASURY FEB. 2016 BROADBAND $37.50 1/13/2016 029954 ANOKA COUNTY TREASURY FEB. 2016 BROADBAND $37.50 Check Nbr 029954 ANOKA COUNTY TREASURY $112.50 1/13/2016 029955 ASCAP BASE LICENSE FEE-500719554-JAN 2016 Check Nbr 029955 ASCAP $336.00 1/13/2016 029956 BUNKER PARK STABLES,INC. 2-6-2016-TRAVEL HAYRIDE-LAMOTTE PARK-SKATE NIGHT Check Nbr 029956 BUNKER PARK STABLES.INC. $707.00 1/13/2016 029957 CENTENNIAL FIRE DISTRICT 1ST QTR 2016 FIRE SERVICES Check Nbr 029957 CENTENNIAL FIRE DISTRICT $5 7 1/13/2016 029958 CENTENNIAL LAKES POLICE DEPT POLICE SERVICES-JAN.2016 Check Nbr 029958 CENTENNIAL LAKES POLICE DEPT $67,393.25 1/13/2016 029959 CITY OF CENTERVILLE-MASTERCA SUPPLIES $21.95 1/13/2016 029959 CITY OF CENTERVILLE-MASTERCA POSTAGE $110.00 1/13/2016 029959 CITY OF CENTERVILLE-MASTERCA CHRISTMAS LIGHTS FOR CITY HALL $106.17 1/13/2016 029959 CITY OF CENTERVILLE-MASTERCA FUEL $127.91 1/13/2016 029959 CITY OF CENTERVILLE-MASTERCA 2015 CLOTHING ALLOWANCE $256.14 1/13/2016 029959 CITY OF CENTERVILLE-MASTERCA CONFERENCES-P.PALZER&D.SCHMITZ $1,515.25 1/13/2016 029959 CITY OF CENTERVILLE-MASTERCA OFFICE SUPPLIES $69.70 1/13/2016 029959 CITY OF CENTERVILLE-MASTERCA FUEL $643.14 1/13/2016 029959 CITY OF CENTERVILLE-MASTERCA SHOP SUPPLIES $450.26 1/13/2016 029959 CITY OF CENTERVILLE-MASTERCA CLOTHING ALLOWANCE $109.96 1/13/2016 029959 CITY OF CENTERVILLE-MASTERCA PLOW PARTS FOR STERLING $46.47 Check Nbr 029959 CITY OF CENTERVILLE-MASTERCA $3,456.95 1/13/2016 029960 CITY OF CIRCLE PINES REGIONAL SAFETY TRAINING-4TH QTR 2014&1ST,2ND& $533.33 1/13/2016 029960 CITY OF CIRCLE PINES REGIONAL SAFETY TRAINING-4TH QTR 2014&1ST,2ND& $533.34 1/13/2016 029960 CITY OF CIRCLE PINES 2016 JAN-POLICE BLDG PAYMENT $5,416.67 1/13/2016 029960 CITY OF CIRCLE PINES 2016 JAN-POLICE BLDG PAYMENT $394.38 1/13/2016 029960 CITY OF CIRCLE PINES 2015 INTEREST PYMT-POLICE BUILDING $2,528.74 1/13/2016 029960 CITY OF CIRCLE PINES REGIONAL SAFETY TRAINING-4TH QTR 2014&1ST,2ND& $533.33 Check Nbr 029960 CITY OF CIRCLE PINES $9,939.79 1/13/2016 029961 CONNEXUS ENERGY 6900-20TH AVE-LIFT STATION-SERV THRU 12-15-15 $58.66 1/13/2016 029961 CONNEXUS ENERGY 2085 W CEDAR ST-SERV THRU 12-15-15 $282.28 1/13/2016 029961 CONNEXUS ENERGY 6800-20TH AVE FOR SCADA-SERV THRU 12-17-15 $13.15 1/13/2016 029961 CONNEXUS ENERGY 6800-20TH AVE FOR SCADA-SERV THRU 12-17-15 $13.14 1/13/2016 029961 CONNEXUS ENERGY 7087 20TH AVE S-WATER TOWER-SERV THRU 12-15-15 $32.95 1/13/2016 029961 CONNEXUS ENERGY STREET LIGHTS-SERV THRU 12-21-15 $107.10 1/13/2016 029961 CONNEXUS ENERGY 7100-20TH AVE N-TRAFSG-SERV THRU 12-21-15 $74.76 1/13/2016 029961 CONNEXUS ENERGY STREET LIGHTS-SERV THRU 12-21-15 $75.03 Check Nbr 029961 CONNEXUS ENERGY a- ,7 26 CITY OF CENTERVILLE 01/08/16 137 PP Check Detail -January 6, 2015 through January 13, 2016 Page Check Date Check# Vender Name Comments Amount 1/13/2016 029962 GOPHER STATE ONE CALL INC SERV THRU DECEMBER 2015 $7.98 1/13/2016 029962 GOPHER STATE ONE CALL INC SERV THRU DECEMBER 2015 $7_97 Check Nbr 029962 GOPHER STATE ONE CALL INC $15.95 1/13/2016 029963 INTERNATIONAL UNION OF OPERATI UNION DUES FOR JAN.2016 Check Nbr 029963 INTERNATIONAL UNION OF OPERATI $100.50 1/13/2016 029964 JMD LIQUORS,INC. REFUND LIQUOR LICENSE FEE DUE TO SALE OF BUSINESS Check Nbr 029964 JMD LIOUORS.INC. $185.00 1/13/2016 029965 MINNESOTA POLLUTION CONTROL T. PETERSON-COLLECTION SYSTEM OPERATORS Check Nbr 029965 MINNESOTA POLLUTION CONTROL $300.00 1/13/2016 029966 MN DEPT OF LABOR&INDUSTRY 4TH QTR 2015 BUILDING SURCHARGES $213.25 1/13/2016 029966 MN DEPT OF LABOR&INDUSTRY 4TH QTR 2015 PLUMBING SURCHARGES $1.75 1/13/2016 029966 MN DEPT OF LABOR&INDUSTRY 4TH QTR 2015 MECHANICAL SURCHARGES $3.75 1/13/2016 029966 MN DEPT OF LABOR&INDUSTRY 4TH QTR 2015 ELECTRICAL SURCHARGES $13.75 Check Nbr 029966 MN DEPT OF LABOR&INDUSTRY $232.50 1/13/2016 029967 NORTHLAND TRUST SERVICES,INC. GEN.OBLIG.IMPROV. BONDS,SERIES 2013A $18,509.38 1/13/2016 029967 NORTHLAND TRUST SERVICES,INC. GEN.OBLIG.IMPROV. REFUNDING BONDS,SERIES 2015A $495.00 1/13/2016 029967 NORTHLAND TRUST SERVICES,INC. GEN.OBLIG.IMPROV. REFUNDING BONDS,SERIES 2015A $11,541.25 1/13/2016 029967 NORTHLAND TRUST SERVICES,INC. GEN.OBLIG.IMPROV.REFUNDING BONDS,SERIES 2015A $20,000.00 1/13/2016 029967 NORTHLAND TRUST SERVICES,INC. GEN.OBLIG.TAXABLE IMPROV BONDS, SERIES 2009A $265,000.00 1/13/2016 029967 NORTHLAND TRUST SERVICES,INC. GEN.OBLIG.IMPROV. BONDS,SERIES 2013A $10,000.00 1/13/2016 029967 NORTHLAND TRUST SERVICES,INC. GEN.OBLIG.TAXABLE IMPROV BONDS, SERIES 2009A $71,810.00 Check Nbr 029967 NORTHLAND TRUST SERVICES.INC. $397,355.63 1/13/2016 029968 PRESS PUBLICATIONS FRANCHISE ORD Check Nbr 029968 PRESS PUBLICATIONS $101.28 1/13/2016 029969 SENSUS METERING SYSTEMS SOFTWARE SUPPORT-2-29-2016 THRU 2-28-17 r' Nbr 029969 SENSUS METERING SYSTEMS $1,838.00 1/13/2016 029970 STAR EQUIPMENT INC. MAINT.-OVERHEAD DOOR &SHOP SUPPLIES-FIRE �..__..Nbr 029970 STAR EQUIPMENT INC. $188.31 Total Checks $537,058.22 27 CENTENNIAL FIRE DISTRICT Check Register-FIRE GL Page: 1 Check Issue Dates: 12/3/2015-12/18/2015 Dec 18,2015 04:34PM Report Criteria: Report type: Summary GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount 12/15 12/18/2015 7139 130710 MN CHAPTER IAAI TRAINING-BURN TO LEARN CL 50.00- V 12/15 12/18/2015 7234 10600 ANCOM COMMUNICATIONS, IN SALES TAX 11.17 12/15 12/18/2015 7235 10650 ANDOVER FIRE DEPARTMENT COATS, PANTS, DRUG SCREE 11,200.00 12/15 12/18/2015 7236 11810 AUTO PLUS-LEXINGTON-10388 AUTO PART 49.75 12/15 12/18/2015 7237 20353 BLAINE BROTHERS, INC VIN 060 AXLE SERVICE 2,623.49 12/15 12/18/2015 7238 30480 CENTENNIAL UTILITIES NOV UTILITIES STATION 1 118.18 12/15 12/18/2015 7239 30490 CENTERPOINT ENERGY STATION 2 NOV GAS 133.64 12/15 12/18/2015 7240 30575 CITY OF CIRCLE PINES POSTAGE 2015 194.88 12/15 12/18/2015 7241 30800 COLUMBIA HEIGHTS FIRE DEP PPE REIMBURSE OCT-NOV 15,350.00 12115 12/18/2015 7242 31137 CONNEXUS ENERGY NOV ELECTRIC STATION 1 466.23 12/15 12/18/2015 7243 70480 GOLD STAR AUTO BODY &FRA 2010 FORD F150 REPAIR 267.60 12/15 12/18/2015 7244 90151 IMAGE PRINTING&GRAPHICS BUSINESS CARDS 291.26 12/15 12/18/2015 7245 120450 CITY OF LINO LAKES NOV REIMB-FEMA INSURANCE 26,176.95 12/15 12/18/2015 7246 160050 PAETEC, INC DEC PHONES STATION 2 160.06 12/15 12/18/2015 7247 Void Check .00 V 12115 12/18/2015 7248 Void Check .00 V 12/15 12/18/2015 7249 Void Check .00 V 12/15 12/18/2015 7250 Void Check .00 V 12/15 12/18/2015 7251 190315 MIKE SCHWEIGERT NOV CELL PHONE 50.00 12115 12/18/2015 7252 190820 BENJAMIN J.STEPAN EMS INSTRUCTOR PAY 301.50 12/15 12/18/2015 7253 220200 VERIZON WIRELESS NOV CELL PHONE-BRUDER 53.09 12/15 12/18/2015 7254 240100 XCEL ENERGY NOV ELECTRIC STATION 2 452.35 Grand Totals: 57,850.15 Checks 47230-7233 Payroll M=Manual Check,V=Void Check 28 CENTENNIAL FIRE DISTRICT Check Register-FIRE GL Page- 1 Check Issue Dates: 12/19/2015-12/30/2015 Dec 29, 2015 03:54PM ort Criteria: Report type: Summary GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount 12/15 12/30/2015 7236 11810 AUTO PLUS-LEXINGTON-10388 AUTO PART 49.75- V 12/15 12/23/2015 7255 80280 HEALTH PARTNERS JAN HEALTH INS PREPAID 1,773.73 M 12/15 12/30/2015 7256 30500 CENTURY LINK DEC STATION 3 PHONE 58.25 12/15 12/30/2015 7257 90100 IEH AUTO PARTS LLC AUTO PARTS 49.75 12/15 12/30/2015 7258 120700 HARLAN LUNDSTROM OCT-DEC PHONE STIPEND 150.00 12/15 12/30/2015 7259 130020 MARCO, INC COPIER MTC CONT DEC 15-JA 208.80 12/15 12/30/2015 7260 131470 MUNICIPAL EMERGENCY SERV RESCUE HELMET 170.59 12/15 12/30/2015 7261 160160 KATHY PEIL OCT THRU DEC PHONE STIPE 150.00 12/15 12/30/2015 7262 200150 THOMAS MOTORS, INC 95 GRUMMAN SERVICE 69.47 12/15 12/30/2015 7263 220200 VERIZON WIRELESS DEC COMMUNICATION CHARG 140.04 12/15 12/29/2015 2015014 210300 US BANK VISA EFT-EMS PROGRAM SUP 692.99 Grand Totals: 3,413.87 M=Manual Check,V=Void Check 29 CENTENNIAL LAKES POLICE DEPT Check Register-Police GL without invoice numbers Page: 1 Check Issue Dates: 11/26/2015-12/10/2015 Dec 10,2015 02:11 PM Report Criteria: Report type: Summary GL Check Ck No Description Check Period Issue Date Payee Amount 12/15 12/10/2015 10628 FIESTA CANCUN RESERVE HOLIDAY PARTY 251.75 12/15 12/10/2015 10629 ABRAMS&SCHMIDT LLC NOV LEGAL FEES 72.50 12/15 12/10/2015 10630 ANOKA COUNTY 3RD QTR CJDN/MDT 540.00 12/15 12/10/2015 10631 CENTENNIAL UTILITIES NOV UTILITIES 420.16 12/15 12/10/2015 10632 CITY OF CIRCLE PINES 3 BULBS FOR BLDG-HOME DEPOT CH 109.17 12/15 12/10/2015 10633 COVERALL OF THE TWIN CITIES INC DEC CLEANING SERVICE 796.22 12/15 12/10/2015 10634 DELTA DENTAL JANUARY DENTAL 1,385.00 12/15 12/10/2015 10635 DEPUTY REGISTRAR#150 FORFEITURE VEH TITLE TRANSFER 20.75 12/15 12/10/2015 10636 DON'S CIRCLE SERVICE, INC VEH MTC&REPAIRS 220.71 12/15 12/10/2015 10637 FOREST LAKE SPORTSMAN'S CLUB RANGE LOW LIGHT TRAINING 270.00 12/15 12/10/2015 10638 FRATTALLONES HARDWARE, INC. VEH MTC 63.24 12/15 12/10/2015 10639 HOLIDAY FLEET NOV FUEL 2,189.26 12/15 12/10/2015 10640 IMAGE PRINTING&GRAPHICS, INC BUSINESS CARDS J GRUBBS 146.02 12/15 12/10/2015 10641 KNOWLAN'S SUPER MARKETS GOVERNING BOARD MEETING SUPP 36.57 12/15 12/10/2015 10642 MN SHERIFFS ASSOCIATION DATA PRACTICES TRAINING KH/DA 240.00 12/15 12/10/2015 10643 NEAL A.NOREN NOV BLDG HOURS 165.00 12/15 12/10/2015 10644 NAC BLDG HEATER MTC 2,633.00 12/15 12/10/2015 10645 OPG-3, INC LSAP RENEWAL 340.00 12/15 12/10/2015 10646 SHRED-N-GO, INC SHREDDING SERVICE NOV 85.00 12/15 12/10/2015 10647 TOP GREEN NOV GROUNDS MTC 671.98 Grand Totals: 10,656.33 M=Manual Check, V=Void Check 30 CENTENNIAL LAKES POLICE DEPT Check Register-Police GL without invoice numbers Page: 1 Check Issue Dates: 12/17/2015-12/29/2015 Dec 29,2015 03:27PM sort Criteria: Report type: Summary GL Check Ck No Description Check Period Issue Date Payee Amount 12/15 12/29/2015 10648 DONNA ANDERSON OFFICE STAFF PANTS 39.98 12/15 12/29/2015 10649 ANOKA COUNTY NOV INTERNET ACCESS 910.26 12/15 12/29/2015 10650 AWARDS BY HAMMOND, INC GIESE SIGN 16.03 12/15 12/29/2015 10651 BCA CJTE MORALS TRAINING 3,249.00 12/15 12/29/2015 10652 CENTURY LINK DEC PHONES 120.60 12/15 12/29/2015 10653 CITY OF CIRCLE PINES POSTAGE 2015 192.56 12/15 12/29/2015 10654 CONNEXUS ENERGY NOV ELECTRIC 2,108.43 12/15 12/29/2015 10655 CONSOLIDATED COMMUNICATIONS DEC PHONES 404.76 12/15 12/29/2015 10656 DON'S CIRCLE SERVICE, INC DEC REPAIRS 1,190.39 12/15 12/29/2015 10657 E C S I, INC VIDEO RECORDING SYSTEM REPAIR 946.00 12/15 12/29/2015 10658 ELZETTA DESIGN, LLC SALES TAX PAYABLE 215.70 12/15 12/29/2015 10659 MATTHEW GIESE 2 AIRSOFT PISTOLS 79.25 12/15 12/29/2015 10660 HEALTH PARTNERS JAN HEALTH INS 11,683.18 12/15 12/29/2015 10661 MN CHIEFS OF POLICE ASSOC. SALES TAX 59.90 12/15 12/29/2015 10662 PITNEY BOWES GLOBAL FIN SERVIC POSTAGE METER LEASE 4TH QTR 67.65 12/15 12/29/2015 10663 PURCHASE POWER INC POSTAGE 33.40 12/15 12/29/2015 10664 QUILL CORPORATION CALENDAR 218.02 12/15 12/29/2015 10665 STREICHER'S, INC SALES TAX 979.25 12/15 12/29/2015 10666 VERIZON WIRELESS DEC CELL PHONES 522.83 Grand Totals: 23,037.19 Ck#10667 - Voided M=Manual Check,V=Void Check 31 O UELUXF Oeluae mMcftecks $AEE1Y PnvEH HIGH EEGUP/ry ��n k p Cr z a Z. K -tervtffe 3 Oy m o m E-oadfished 1857 o��a z o z W RECEIVED OF 11979 AMOUNT �,>o pq CO o m Dead Broke Saddle Club $5,000.00 zn v o i 0 FOR: w W Donation-Laurie LaMotte Check# 15544 � Park Surcharge N/A d i 69 O � G � m m ' m c m f�;: Ul January 4, 2016 BY Teresa Bender 32 Res.#16-0 A RESOLUTION ADOPTING SPECIAL ASSESSMENTS ON 2016 STREET MILL AND OVERLAY IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of the following streets by construction of a mill and pavement overlay: 1. Cottonwood Court 2. Deer Court 3. Hunters Trail 4. Meadow Circle 5. Meadow Court 6. Mill Road 7. Cardinal Drive 8. North Robin Lane 9. South Robin Lane 10. West Robin Lane NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby adopted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Special assessments shall be payable in annual installments extending over a period of three (3) years. The first installment of such assessments shall be payable on or before November 1, 2016, and shall bear interest at the rate of 5.0 percent per annum from July 1, 2016. Assessment installments not paid by November 1, 2016, shall be certified for collection with taxes to Anoka County. Each installment certified to Anoka County shall include interest to December 31, of the year of collection. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole or part of the assessment on such property with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged on any amount paid within 30 days of the adoption of this resolution and additionally until July 1, 2016; and may at any time thereafter, pay to the Administrator the entire amount of the assessment remaining unpaid, with interest accrued from July 1, 2016 to the date of payment. Such payment must be made before November 15 or interest will be charged to December 31 of the next succeeding year. 4. The Administrator shall file the assessment rolls pertaining to this assessment in his office and shall annually certify installment amounts unpaid as of November 1, to the County Auditor, such that installments of principal and interest will be collected as due with taxes on each parcel of land included in the assessment roll. 33 Adopted by the Council this 13th day of January, 2016. Tom Wilharber, Mayor Attest: Teresa Bender, City Clerk 34 Assessment Parcel I.D.# Owner Current Owner Street Address Centerville MN 55038 Amount MILL ROAD NORTH OF MAIN 14-31-22-34-0002 Mr.&Mrs.Ray Martin or Current Owner 7245 Mill Road Centerville MN 55038 $750.00 14-31-22-34-0003 Mr.&Mrs.Patrick Freiermuth or Current Owner 7241 Mill Road Centerville MN 55038 $750.00 14-31-22-34-0004 Mr David Peyla&Ms L.Hanniford or Current Owner 7235 Mill Road Centerville MN 55038 $750.00 14-31-22-34-0005 Mr.&Mrs.Thomas Freer or Current Owner 7231 Mill Road Centerville MN 55038 $750.00 14-31-22-34-0006 Ms.Marta McCormack or Current Owner 7251 Mill Road Centerville MN 55038 $750.00 14-31-22-34-0008 Mr.&Mrs.Paul Clements or Current Owner 7223 Mill Road Centerville MN 55038 $750.00 14-31-22-34-0012 Mr&Mrs.Tim Stevenson or Current Owner 7289 Mill Road Centerville MN 55038 $750.00 14-31-22-34-0013 Mr.&Mrs.Michael Scheller or Current Owner 7267 Mill Road Centerville MN 55038 $750.00 14-31-22-34-0060 Ms.Shelly La Barre or Current Owner 7261 Mill Road Centerville MN 55038 $750.00 14-31-22-43-0003 Mr.&Mrs.Robert Hoye or Current Owner 7288 Mill Road Centerville MN 55038 $750.00 14-31-21-43-0007 Mr.Robert Goldsmith or Current Owner 7294 Mill Road Centerville MN 55038 $750.00 14-31-22-43-0009 Mr.&Mrs.Joseph Meath or Current Owner 7246 Mill Road Centerville MN 55038 $750.00 14-31-22-43-0010 Current Owner or Current Owner 7232 Mill Road Centerville MN 55038 $750.00 14-31-22-43-0011 Mr&Mrs Jason Whitney or Current Owner 7224 Mill Road Centerville MN 55038 $750.00 14-31-22-43-0012 Mr.Gregory Hill or Current Owner 7216 Mill Road Centerville MN 55038 $75000 14-31-22-43-0013 Mr&Mrs.Eric Newman or Current Owner 7212 Mill Road Centerville MN 55038 $750.00 14-31-22-43-0014 Mr.&Mrs.Brian Eckert or Current Owner 7200 Mill Road Centerville MN 55038 $750.00 14-31-22-43-0018 Mr.&Mrs.John Kelly or Current Owner 7258 Mill Road Centerville MN 55038 $750.00 14-31-22-43-0060 Mr.&Mrs.Craig Sievert or Current Owner 7254 Mill Road Centerville MN 55038 $750.00 23-31-22-12-0006 CenterMart,LLC or Current Owner 1801 Main Street Centerville MN 55038 Business $1,128.00 23-31-22-12-0008 Mr.&Mrs.Mark Verplaetse or Current Owner 7192 Mill Road Centerville MN 55038 $750.00 23-31-22-12-0009 Mr.&Mrs.Douglas Johnson or Current Owner 7184 Mill Road Centerville MN 55038 $750.00 23-31-22-12-0010 Mr.Nicholas Flor&Ms.Katie Poiner or Current Owner 7178 Mill Road Centerville MN 55038 $750.00 23-31-22-12-0011 Mr.Robert Nelson or Current Owner 7164 Mill Road Centerville MN 55038 $750.00 23-31-22-12-0086 Mr.Phillip Gunderson or Current Owner 7162 Mill Road Centerville MN 55038 $750.00 23-31-22-12-0087 Mr.&Mrs.Chad Pranke or Current Owner 7154 Mill Road Centerville MN 55038 $750.00 23-31-22-12-0088 Mr.&Mrs Richard Bohm or Current Owner 7146 Mill Road Centerville MN 55038 $750.00 23-31-22-12-0089 Mr.Jason Leber or Current Owner 7138 Mill Road Centerville MN 55038 $750.00 23-31-22-12-0090 Mr.&Mrs.Richard Sargent or Current Owner 7130 Mill Road Centerville MN 55038 $750.00 23-31-22-21-0002 Mr Damel Tourville or Current Owner 10866-240th Street N Scandia MN 55073 $750.00 23-31-22-21-0003 Ms.Kathleen Welk Trustee or Current Owner 7219 Mill Road Centerville MN 55038 $750.00 23-31-22-21-0004 Mr&Mrs John Brinkman or Current Owner 7221 Mill Road Centerville MN 55038 $750.00 23-31-22-21-0005 Mr.&Mrs.Newell Skeie or Current Owner 7173 Mill Road Centerville MN 55038 $75000 23-31-22-21-0006 Mr.&Mrs.Rich Brown or Current Owner 7167 Mill Road Centerville MN 55038 $750.00 23-31-22-21-0026 Church of St Genevieve or Current Owner 7087 Goiffon Road Centerville MN 55038 34 Parcels ROYAL MEADOWS 23-31-22-31-0011 Mr&Mrs.Ken Sandahl or Current Owner 7163 West Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0012 Mr.&Mrs.Curtis Burn or Current Owner 7169 West Robin Lane Centerville MN 55038 $55000 23-31-22-11-0013 Mr.Russell Lawrence Jr or Current Owner 7165 Clear Ridge Centerville MN 55038 $550.00 23-31-22.11-0014 Mr.Eric Ackerly&Ms.Kelly Prairie or Current Owner 7181 West Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0015 Ms.Melinda Hughes or Current Owner 7187 West Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0016 Mr Donald Scholzen or Current Owner 7193 West Robin Lane Centerville MN 55038 $55000 23-31-22-11-0017 Ms.Lauren Haehn or Current Owner 1960 North Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0018 Mr.Samuel Larson or Current Owner 1966 North Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0019 Mr Jeremy Veit or Current Owner 1972 North Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0020 Mr.&Mrs.James Boettcher or Current Owner 1978 North Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0021 Mr Jeffery Maher or Current Owner 1984 North Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0022 Ms Tracy Bonsell or Current Owner 1988 North Robin Lane Centerville MN 55038 $55000 23-31-22-11-0023 Mr.&Mrs.Wayne Hurd or Current Owner 1994 North Robin Lane Centerville MN 55038 $55000 23-31-22-11-0024 Mr.Shawn Revier or Current Owner 1994 Cardinal Drive Centerville MN 55038 $550.00 23-31-22-11-0025 Ms.Marguerite McGowan or Current Owner 1988 Cardinal Drive Centerville MN 55038 $550.00 23-31-22.11-0026 Mr.Jacob Olson or Current Owner 1982 Cardinal Drive Centerville MN 55038 $550.00 23-31-22-11-0027 Mr.David Mayville or Current Owner 1976 Cardinal Drive Centerville MN 55038 $550.00 23-31-22-11-0028 Mr.Paul Warner or Current Owner 1970 Cardinal Drive Centerville MN 55038 $550.00 23-31-22-11-0029 Mr.Gerald Alexander or Current Owner 1967 North Robin Lane Centerville MN 55038 $55000 23-31-22-11-0030 Ms Myrna Woolery or Current Owner 1977 North Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0031 Ms Emily Marier or Current Owner 1983 North Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0032 Ms.Jennifer Hicks or Current Owner 1989 North Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0033 Mr.&Mrs.Kevin Stewart or Current Owner 1995 North Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0034 Mr.Patrick Donahue or Current Owner 1994 South Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0035 Ms.Erin Batchelder or Current Owner 1988 South Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0036 Mr&Mrs.Thierry Chevallier or Current Owner 1982 South Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0037 Ms Sara Deshazer or Current Owner 1976 South Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0038 Ms.Jennifer Saabye or Current Owner 1970 South Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0039 Chia Her or Current Owner 1967 Cardinal Drive Centerville MN 55038 $55000 23-31-22-11-0040 Garth Johnson Realty or Current Owner U.S.Bank,P.O.Box 1030 Minneapolis MN 55480 $550.00 23-31-22-11-0041 Ms.Lora Zimmerman or Current Owner 1983 Cardinal Drive Centerville MN 55038 $55000 23-31-22-11-0042 Mr.&Mrs.Stanley Angerhofer or Current Owner 1989 Cardinal Drive Centerville MN 55038 $55000 23-31-22-11-0043 Mr&Mrs Jacques Ducharme or Current Owner 1995 Cardinal Drive Centerville MN 55038 $550.00 35 23-31-22-11-0044 Mr.&Mrs.Forrest Russell or Current Owner 1995 South Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0045 Mr.Richard Long or Current Owner 1989 South Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0046 Tou Lee or Current Owner 1983 South Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0047 Mr.Ryan Johnson or Current Owner 1977 South Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0048 Ms.Cheryl Bougie&Ms Ruby Chnstoph or Current Owner 1971 South Robin Lane Centerville MN 55038 $55000 23-31-22-11-0049 Mr.&Mrs.Douglas Kruse or Current Owner 1965 South Robin Lane Centerville MN 55038 $550.00 23-31-22-11-0050 CITY PROPERTY 39 Parcels COTTONWOOD COURT SOUTH OF MAIN 23-31-22-14-0027 Mr.Thomas Renchin or Current Owner 7098 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0028 Mr.Brian Nyberg or Current Owner 7092 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0029 Mr.&Mrs James Scott or Current Owner 7084 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0030 Mr.&Mrs.Brian Colvard or Current Owner 7072 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0031 Mr.&Mrs.Ryan Bednar or Current Owner 7068 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0032 Mr.Skipp Haseley or Current Owner 7060 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0033 Mr.&Mrs.Christian Neutkens or Current Owner 7054 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0034 Ms.Jillian Thorson or Current Owner 7048 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0035 Mr.&Mrs.Ryan Larson or Current Owner 7044 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0036 Ms.Linda Jansen or Current Owner 7041 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0037 Mr.&Mrs.Terrence Jordan or Current Owner 7049 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0038 Mr.&Mrs.David Newell or Current Owner 7055 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0039 Mr.&Mrs Emil Baufield or Current Owner 7063 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0040 Mr.&Mrs.Steven Narog or Current Owner 7071 Cottonwood Court Centerville MN 55038 $55000 23-31-22-14-0041 Mr.James Beyer or Current Owner 7075 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0042 Ms.Karen Rockeman or Current Owner 7085 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0043 Mr&Ms.Steve Dosch or Current Owner 7095 Cottonwood Court Centerville MN 55038 $550.00 23-31-22-14-0044 Mr.&Mrs.William Campbell or Current Owner 7097 Cottonwood Court Centerville MN 55038 $550.00 18 Parcels MEADOW CIRCLE/MEADOW COURT SOUTH OF CENTERVILLE ROAD 23-31-22-31-0053 Mr.&Mrs.Brent Jorud or Current Owner 6992 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0054 Mr.&Mrs.Jeffrey Paar or Current Owner 6984 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0055 Mr.Brad Gamble or Current Owner 6978 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0056 Mr&Mrs.Jon Grahek or Current Owner 6970 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0057 Mr.&Mrs.Peter Johnston or Current Owner 6966 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0058 Mr.Brent Skalicky or Current Owner 6960 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0059 Mr.Charles Nicosia or Current Owner 6956 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0060 Mr.&Mrs.Ramon Lichtenberg or Current Owner 6959 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0061 Ms.Kathleen Tompen or Current Owner 6965 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31.0062 Mr&Mrs Edward Frazer or Current Owner 6967 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0063 Mr.&Mrs.Robert Starzynski or Current Owner 6971 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0064 Mr&Mrs Thomas Anderson or Current Owner 6973 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0065 Ms.Jodi Nelson or Current Owner 6975 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0066 Ms.Katie Thompson or Current Owner 6977 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0067 Mr.Cameron LeTourneau or Current Owner 6983 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0068 Mr.&Mrs.Larry Radanke or Current Owner 6989 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0069 Mr.&Mrs.Peter Johnson or Current Owner 6991 Meadow Circle Centerville MN 55038 $550.00 23-31-22-31-0070 Mr.Todd Hassel or Current Owner 6990 Meadow Court Centerville MN 55038 $550.00 23-31-22-31-0071 Mr.&Mrs.Timothy Valento or Current Owner 6980 Meadow Court Centerville MN 55038 $550.00 23-31-22-31-0072 Mr.&Mrs.Darrell Olson or Current Owner 6970 Meadow Court Centerville MN 55038 $550.00 23-31-22-31-0073 Mr.&Mrs Jon Kvamme or Current Owner 6960 Meadow Court Centerville MN 55038 $55000 23-31-22-31-0074 Mr.Chad Nelson or Current Owner 6956 Meadow Court Centerville MN 55038 $550.00 23-31-22-31-0075 Mr.&Mrs.Mark Bordeaux or Current Owner 6958 Meadow Court Centerville MN 55038 $550.00 23-31-22-31-0076 Mr.John Hansen or Current Owner 6961 Meadow Court Centerville MN 55038 $550.00 23-31-22-31-0077 Mr.Scott Schleifer or Current Owner 6965 Meadow Court Centerville MN 55038 $550.00 23-31-22-31-0078 Mr.Bradely Veech or Current Owner 6975 Meadow Court Centerville MN 55038 $550.00 23-31-22-31-0079 Mr&Mrs Andrew Lutz or Current Owner 6985 Meadow Court Centerville MN 55038 $550.00 23-31-22-31-0080 Ms Michelle Hovet or Current Owner 6995 Meadow Court Centerville MN 55038 $550.00 28 Parcels DEER COURT/HUNTERS TRAIL WEST OF CENTERVILLE ROAD 23-31-22-32-0027 Mr&Mrs.Jonathan McIntosh or Current Owner 6885 Deer Court Centerville MN 55038 $550.00 23-31-22-32-0028 Mr &Mrs.Daniel Kupfer or Current Owner 6890 Deer Court Centerville MN 55038 $550.00 23-31-22-32-0029 Mr.&Mrs.Michael Swanson or Current Owner 6886 Deer Court Centerville MN 55038 $550.00 23-31-22-33-0019 Mr.&Mrs James Kdbane or Current Owner 6873 Deer Court Centerville MN 55038 $550.00 23-31-22-33-0020 Mr&Mrs.David Berkowitz or Current Owner 6877 Deer Court Centerville MN 55038 $550.00 23-31-22-33-0021 Mr.Christopher Sawyer or Current Owner 6881 Deer Court Centerville MN 55038 $550.00 23-31-22-33-0022 Mr.&Mrs.Jason Gerard or Current Owner 6882 Deer Court Centerville MN 55038 $550.00 23-31-22-33-0023 Mr.&Mrs.Glenn Oliphant or Current Owner 6878 Deer Court Centerville MN 55038 $550.00 23-31-22-33-0024 Mr.&Mrs.Rolf Johnson or Current Owner 6872 Deer Court Centerville MN 55038 $550.00 23-31-22-33-0025 Mr &Mrs.David Amacher or Current Owner 1671 Hunters Trail Centerville MN 55038 $55000 23-31-22-33-0026 Mr.&Mrs.Gregory Schneider or Current Owner 1681 Hunters Trail Centerville MN 55038 $550.00 23-31-22-33-0027 Ms.Jennifer Lobmsky or Current Owner 1689 Hunters Trail Centerville MN 55038 $550.00 36 23-31-22-33-0028 Mr.&Mrs.Dave Popp or Current Owner 1697 Hunters Trail Centerville MN 55038 $550.00 23-31-22-33-0029 Mr.&Mrs.Ryan Lunde or Current Owner 1608 Hunters Trail Centerville MN 55038 $550.00 23-31-22-33-0030 Mr.Jeffrey Hill or Current Owner 1616 Hunters Trail Centerville MN 55038 $550.00 23-31-22-33-0031 Mr.&Mrs.Darrell Jensen or Current Owner 1624 Hunters Trail Centerville MN 55038 $550.00 23-31-22-33-0032 Mr.&Mrs.Gerald Coates or Current Owner 1638 Hunters Trail Centerville MN 55038 $550.00 23-31-22-33-0033 Mr.&Mrs.Lawrence Case or Current Owner 1646 Hunters Trail Centerville MN 55038 $550.00 23-31-22-33-0034 Mr.Dennis Confer or Current Owner 1654 Hunters Trail Centerville MN 55038 $550.00 23-31-22-33-0035 Mr.&Mrs.Kevin Selander or Current Owner 1662 Hunters Trail Centerville MN 55038 $550.00 23-31-22-33-0036 Mr.&Mrs.Brian Peterson or Current Owner 1668 Hunters Trail Centerville MN 55038 $550.00 23-31-22-33-0037 Mr.&Mrs Josh Wlaschin or Current Owner 1678 Hunters Trail Centerville MN 55038 $55000 23-31-22-33-0038 Mr.Paul Lundh or Current Owner 1686 Hunters Trail Centerville MN 55038 $550.00 23-31-22-33-0039 Mr &Mrs Stephen Burggraff or Current Owner 1694 Hunters Trail Centerville MN 55038 $55000 24 Parcels $85,828.00 143 Total Parcels 37 CITY OF CENTERVILLE RESOLUTION #16-OXX A RESOLUTION ACCEPTING BID FOR CONSTRUCTION OF IMPROVEMENT WHEREAS, a resolution adopted by the City Council on October 28, 2015, authorized plans and specifications and set a date to receive bids on the improvement of the following streets by construction of a mill and pavement overlay: 1. Cottonwood Court 2. Deer Court 3. Hunters Trail 4. Meadow Circle 5. Meadow Court 6. Mill Road 7. Cardinal Drive 8. North Robin Lane 9. South Robin Lane 10. West Robin Lane WHEREAS, pursuant to an advertisement for bids for making the improvement, the bids were received, opened and tabulated according to law, and the attached tabulations indicate bids were received complying with the advertisement: See Exhibit A attached, and WHEREAS, it appears that Knife River Corporation — North Central, is the lowest responsible bidder for the project materials. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE,MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Knife River Corporation — North Central, in the name of the City of Centerville for the aforementioned improvement according to the plans and specifications therefore approved by the Council and on file with the City Clerk. 2. The City Clerk is hereby authorized to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 13th day of January, 2016. Tom Wilharber, Mayor Attest: Teresa Bender, Clerk 38 Stantec ConsuBing Services Inc. Ul to nteC 2335 Highway 36 West,St.Paul MN 55113 December 3,2015 Honorable Mayor and City Council City of Centerville 1880 Main Street Centerville, MN 55038 Re: 2016 Thin Bituminous Overlay Stantec Project No. 193803352 Bid Results Dear Honorable Mayor and City Council: Bids were received for the Project stated above on December 2,2015. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder if and when the Project is awarded. Bids were received from 9 contractors. The following summarizes the results of the Bids. Contractor Total Base Bid Low Knife River Corporation-North Central $233,440.00 #2 Midwest Asphalt Corporation $235,660.00 #3 Hard6ves, Inc. $241,935.80 #4 Valley Paving, Inc. $244,088.50 #5 Northwest Asphalt, Inc. $248,690.00 #6 Park Construction Company $250,301.64 #7 Omann Brothers Paving, Inc. $254,170.00 #8 North Valley, Inc. $259,565.16 #9 Rum River Contracting $285,675.00 The low Bidder on the Project was Knife River Corporation- North Central with a Total Base Bid Amount of$233,440.00.This compares to the Engineer's Opinion of Probable Construction Costs of $275,000.00. These Bids have been reviewed and found to be in order. Below is a review of the City's Street Fund Budget items as last discussed with the Council: Item Budget Bid Notes Construction Costs $275,000 $233,440 As-Bid Contingency $27,000 $27,000 10%of Construction Costs Engineering $9,000 $9,000 Quoted cost Public Works Dept. Work on Project $29,000 $29,000 MH Adjust., Curb repairs, etc. Payment to Sewer and Water Funds $20,000 $20,000 Loan repayments General Road Maintenance $15,000 $15,000 Crack filling etc Total $375,000 $333,440 $41,560 Under Estimate -Items in italics are still estimates. 2016 Revenues Dedicated to Road Fund General Levee $200,000 Road Fund Local Government Aid (LGA) $42,000 Anticipated/(Must be used on Roads) Franchise Fees $150,000 Estimated Totals $392,000 Design with community in mind 39 a�l Honorable Mayor and City Council December 3,2015 Reference: 2016 Thin Overlay Project-Bid Results Page 2 of 2 The Public Improvement Hearing is scheduled for December 9,2015. After taking the public's input on the project, the Council should consider whether or not to move forward to the next step and hold an Assessment Hearing. If,after the Assessment Hearing, the City Council wishes to award the Project to the low Bidder, then Knife River Corporation - North Central should be awarded the Project on the Total Base Bid Amount of$233,440.00. Should you have any questions,please feel free to contact me at 651-604-4709. Sincerely, STANTE�C I` '0 ""k. S,� Mark R.Statz, P.E. City Engineer Enclosure Design with community in mind 40 ® Sta ntec Project Name 2016 Thin Bit—[- City Project No. Bid Opening Wednesday,Decexn Bidder No.5Bidder No.6 Bidder Mo.7 Bidder Mo.a BID TABULATION ..west Asphalt,Inc. Park Construction Co. Omenn Brothsn Paring,Inc North Volley,1— Item Num Itam Unite Ot. Unit Prke Total Unit Prim Total Unit Prim Total Unit Price TOW BASE BID: 1 MOBI17ATION LS 1 $7,85000 $7,850.00 $10,000.00 $10,000.00 ;5,000.00 ;5,000.00 $5,90625 $5,906.25 2 TRAFFIC CONTROL LS 1 $5,001).00 $5,000.00 $4,493.44 $4,493.44 $5,000.00 $5,000.00 $4,725.01 $4,72501 3 MILL BITUMINOUS CONSTRUCTION JOINT LF 510 $4.DO $2,040.00 $6.22 $3,17220 $3.00 $1,530.00 $5.73 $2,922.30 9 FULL WIDTH MILL SY 26000 $1.30 $33,800.00 $1.06 $27,560.00 $1.12 $29,120.00 $1.91 $49,660.00 5 BITUMINOUS TACK COAT GAL 1600 $2.50 $4,000.00 $336 $5,376.DO $2.75 $4,400.00 $3.74 $5,98400 6 1.0'WEAR COURSE O/ERIAY-SPWEA340E TON 1500 $77 DO $115,500.00 $77.OD $115,500.00 $8150 $122,250-80 $75.01 $112,515.01) 7 1.0"W EAR COURSE OVERLAY-TRAIL-SPWEA340E TON 100 $105.00 $10,500.00 $143 OD $14,300.00 $107.65 $10,76500 $95.40 $9,540.00 B 2 0'WEAR COURSE OVERLAY-SPWEA340E TON 900 $75.00 $67,500.00 $74.60 $67,140 DO $8150 $73,35000 $72.92 $65,62800 9 STREET SWEEPER(PICKUP BROOM W/OPERATOR) HR 20 $125.00 250000 $13800 S2.760.00 $137.75_$2.75500 $13423 $2,684.60 TOTAL.BASE BID $248,690.00 $250,301.64 $254,170.00 $259,565.16 Contractor Name and Address:Northwest Asphalt,Inc Park Construction Company Ornann Brothers Paving North Valley,Inc 1451 Stagecoach Road 148181st Avenue NE 6551 Labeam Avenue NE 20015 Iguane St NW,Ste 100 Shakopee,MN 55379 Minneapolis,MN 55432 Albertville,MN 55301 Nowthen,MN 55330 Phone:952445-1003 763-786.9800 763497-8259 763-2742580 Faz 952445-1056 763-717-6238 763497-8261 763-2742584 Email lancea(dnwasohalt ml mcMetereon(dmrkcomlruclOrico com Pe m com wr9aclus�mrthvallennc mt Signed By:Large Gu tzel Michael Christianson Kelly Omann nn Brad Schmickbauer Tilde.Project Manager Vice President Presdern President Bid Seunity-Bid Bond Bid Bond Bd Bond Bd Bond Addenda Acknowledged.None None None None 19W3)52-6dtW. . ST-2 41 ® Sta ntec Project Name:2016 Thin Bitamino City Project%.. Bid Opening:Wednesdav,Deoembe Bidder No.9 BID TABULATION Rum River Contracting It— Num Itam Units Oty Unit Price Tata] BASE BID: I MOBILIZATION LS 1 $2.2 OD0.00 $22,000.00 2 TRAFFIC CONTROL IS I $4,400.00 $4,400.00 3 MILL BITUMINOUS CONSTRUCTION IOINT LF 510 $3.50 $765.00 4 FULL WIDTH MILL SY 26000 $1.99 $51,740.00 5 BITUMINOUS TACK COAT WL 1600 $3.00 $4,800.00 6 1.0"WEAR COURSE OVERLAY-SPWEA340E TON 1500 $7894 $118,260.00 7 1.0"WEAR COURSE OVERLAY-TRAIL-SPWEA34DE TON 100 $12215 $12,21500 8 2.0"WEAR COURSE OVERLAY-SPWEA340E TON 900 $7555 $67,995.00 9 STREET SWEEPER(PICKUP BROOM W/OPERATOR) HR 20 $17500 $3,5D0 00 TOTAL BASE BID $285,675.00 Contractor Name and Address:Rum RNer Contracting; 31913 124th StreU Princeton,MN 55371 Phone:763-389-3718 Fax 763-389-3718 Emit: ru ver anavrestoffee rel Signed By: om Hultman Tide:Vie President Bid Security:Bid Bond Addenda Aduf iedged:None 193ra3353-&afN.dm BT-3 42 • ♦i. mum-■■■■ --�� .���, �®�.• �, rte;;■1!!1■■� ����I`�7 �,. �!!-� Roo 00 BA IF boom lo 10 113 .,::•..: — =_ ins•- Le � � ��111■1 "��� v o � ■1l�f■rte = rrrn c ■ h �� �� ElN�R pf,�b�, A Silk ��� ���� � ice■■��I���; r" ��: �` . o00 !� 0►0�4, - Electric w/fee ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO.75,SECOND SERIES CITY OF CENTERVILLE,ANOKA COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF CENTERVILLE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA,ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Centerville, County of Anoka,State of Minnesota. 1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating,lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies,including an agency of the federal government,which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation,its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 51h Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City Hall, 1880 Main Street, Centerville, MN 55038. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1 44 Electric w/fee 1.8 Public Way. Any street,alley,walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date, Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract,or either party may take any other action permitted by law. SECTION 3. LOCATION,OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon 2 45 Electric w/fee underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project,but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes,Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may,however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire,water utility, police or other City facilities upon terms and conditions acceptable to Company 3 46 Electric w/fee whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project,or at City's cost to grade,regrade,or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade,regrade,or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company's expense,to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated,improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof,unless the reasonable non-betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company,which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally- aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. 4 47 Electric w/fee SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of Citv. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City,which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 5 48 Electric w/fee SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Fee Per Premise Per Month Residential $ 4.00 Sm C&I—Non-Dem $ 8.00 Sm C&I—Demand $ 8.00 Large C& I $ 8.00 Public Street Ltg $ 0.00 Muni Pumping—N/D $ 0.00 Muni Pumping—Dem $ 0.00 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be 6 49 Electric w/fee due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability._ Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the 7 50 Electric w/fee amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: ,20_. Mayor Attest: City Clerk Date Published: 8 51 Electric w/fee ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. 76, SECOND SERIES CITY OF CENTERVILLE,ANOKA COUNTY,MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF CENTERVILLE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Centerville,County of Anoka, State of Minnesota. 1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating,lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies,including an agency of the federal government,which preempts all,or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation,its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City Hall, 1880 Main Street, Centerville, MN 55038. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1 52 Electfic w/fee 1.8 Public Way. Any street,alley,walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date, Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION,OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon 2 53 Electric w/fee underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project,but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes,Chapter 216D. 3.3 Street Openings§. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may,however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions,alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire,water utility,police or other City facilities upon terms and conditions acceptable to Company 3 54 Electric w/fee whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project,or at City's cost to grade,regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade,regrade,or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area,Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated,improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof,unless the reasonable non-betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company,which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally- aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. 4 55 Electric w/fee SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of Citv. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City,which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 5 56 Electric w/fee SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Fee Per Premise Per Month Residential $ 4.00 Sm C&I—Non-Dem $ 8.00 Sm C&I—Demand $ 8.00 Large C&I $ 8.00 Public Street Ltg $ 0.00 Muni Pumping—N/D $ 0.00 Muni Pumping—Dem $ 0.00 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be 6 57 Electric w/fee due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5,the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicabili This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the 7 58 Electric w/fee amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: ,20_. Mayor Attest: City Clerk Date Published: 8 59 Centerville -Franchise Centerville- Connexus 12152015.doc12152015 ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO.77, SECOND SERIES CITY OF CENTERVILLE,ANOKA COUNTY,MINNESOTA AN ORDINANCE GRANTING TO CONNEXUS ENERGY, A MINNESOTA COOPERATIVE CORPORATION,ITS SUCCESSORS AND ASSIGNS,PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF CENTERVILLE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY'POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 C4. The City of Centerville, County of Anoka,State of Minnesota. 1.2 City Utility Systema Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof,including sewer and water service,but excluding facilities for providing heating;lighting or other forms-of energy. 1.3 Company. Connexus Energy, a Minnesota cooperative corporation,its successors and assigns. 1.4 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and -necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.5 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the Chief Executive Officer, Connexus Energy, 14601 Ramsey Boulevard N.W., Ramsey, Minnesota 55303-6024. Notice to the City shall be mailed to the City Clerk, 1880 Main Street, Centerville, MN 55038. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.6 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.7 Public Way. Any street,alley,walkway or other public right-of-way within the City. 1 60 Centerville- Franchise Centerville- Connexus 12152015.docl2152015 SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance, policy, standards and to the further provisions of this franchise agreement. 2.2 Effective Date, Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are established by Company's Board of Directors. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION.OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System -. Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place,provided at the City's request,Company will remove such underground Electric Facilities at such time that a City improvement project removes the pavement above said facilities , and restore the Public Way in accordance with Minnesota Rule 7819.1100, excepting the need for pavement restoration Company 2 61 Centerville-Franchise Centerville- Connexus 12152015.docl2152015 must notify the City of its intent to abandon facilitates in writing at least 30 days in advance of doing so and must provide a map of the facilities to be abandoned. Abandoned facilities must continue to be located in the field in accordance with Minnesota Statutes,Chapter 216D. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes,Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee and require deposit of a reasonable surety. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. -.-Not later than the second working day thereafter, Company shall obtain any required permits and'pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same in accordance with Minnesota Rule 7819.1100, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years-thereafter. The work shall be completed as promptly as weather permits, and if Company shall not_promptlyperform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure_and-the-passage'of a reasonable period of time following the demand, but not to exceed five days,the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives-any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install,replace or maintain facilities in a Public Way. 3.5 -Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The city shall give notice of upcoming projects in accordance with Minnesota Statutes,Chapter 216D. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire,water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project,or at City's cost to grade,regrade,or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order 3 62 Centerville- Franchise Centerville - Connexus 12152015.doc12152015 Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement or if the improvements will leave buried electric facilities with less than minimum cover or overhead facilities with less than minimum clearance. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense when replacing existing facilities with same or similar facilities. If current facilities are above ground and City requires them to be buried,City shall pay for the difference, (if any) of burying facilities versus leaving above ground. The City shall give Company notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System per Minnesota Statutes, Chapter 216D.. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably'necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities When a Public Way is vacated,improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof,unless the reasonable non-betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company,which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally- aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. 4 63 Centerville- Franchise Centerville- Connexus 12152015.docl2152015 SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a,period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such'litigation without the consent of the City,which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or _immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf, SECTION 7. VACATION OF PUBLIC WAYS. - The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project,the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. In accordance with Minnesota Rules,Part 7819.3200, if City's order directing vacation of the Public Way does not require relocation of Company's Electric Facilities, the vacation proceeding shall not be deemed to deprive Company of its right to continue to use the right-of-way of the former Public Way for its Electric Facilities installed prior to such order of vacation. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee 5 64 Centerville- Franchise Centerville- Connexus 12152015.docl2152015 by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed 5% of the Company's Gross Revenues, as hereinafter defined, by collecting the amounts calculated on a flat fee basis. 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, and that separate ordinance shall dictate the date upon which collection of that franchise fee shall commence. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate franchise fee ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement, or may be annually amended to reflect changes in the franchise fees imposed by the City. 9.3.3 "Gross Revenue" means all sums, excluding any surcharge or similar addition to the Company's charges to customers for the purpose of reimbursing the Company for the cost resulting from the franchise fee, received by the Company from the sale of electricity to its retail customers within the corporate limits of the City. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree 6 65 Centerville- Franchise Centerville- Connexus 12152015.doc12152015 in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles,refunds or error corrections. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5,the foregoing conditions will be waived to the extent of such written consent. 9.6 Notification Requirement. In addition to the required proceedings and notification of the public by the City, a joint letter will be sent on behalf of the City and Company clearly explaining the purpose and use of the fee, the fee schedule including frequency of billing which clearly state Connexus is required under law to bill and collect the fee and distribute funds back to the City. Connexus is not profiting in any way by administering the franchise fee. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Seve_ ram Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section,provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation, on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's 7 66 Centerville- Franchise Centerville - Connexus 12152015.docl2152015 written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law. Passed by the City Council of the City of Centerville, Minnesota, this _ day of 2016. Mayor Attest: City Clerk Date Published: 8 67 Centerville—Connexus Franchise version 12152015 ORDINANCE NO. 78, SECOND SERIES CITY OF CENTERVILLE,ANOKA COUNTY, MINNESOTA AN ORDINANCE MODIFYING THE ELECTRIC FRANCHISE FEE ON CONNEXUS ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF CENTERVILLE. THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION 1. The City of Centerville Code of Ordnances is hereby amended as follows: Subdivision 1. Purpose. The Centerville City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas or electric services within the City of Centerville. (a) Pursuant to City Ordinance No. 15-_; a Franchise Agreement between the City and Connexus Energy, the City has the right to impose a franchise fee on Connexus Energy in amount and fee design as authorized in Section 9.1 of the Connexus Energy Franchise. (b) Pursuant to City Ordinance No. 15-_,the City exercised its right to impose a franchise fee on Connexus Energy. This includes the right to modify the fee amount with the consent of Connexus Energy as to amount and notice period, to which Connexus Energy has consented. Subd. 2. Franchise Fee Statement. Pursuant to Ordinance No. 15-_, the franchise fee imposed on Connexus Energy under its Electric Franchise is hereby amended. The amended fee schedule is attached hereto and made a part of this ordinance, commencing with Connexus Energy's March 2016 billing month. Subd. 3. Payment and Fee Design.The franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. a) This fee is an account based fee and not a meter based fee.An account includes all electric meters located on a single property or premises that have the same address and property owner. b) Properties with a single address and owner shall pay the largest fee that applies to any one of their meters. d) Separately metered space rented to tenants other than the owner shall pay a fee for each tenant meter. e) The City Administrator, or his designee,is authorized to determine the appropriate implementation of this Section 3.2.Appeals from decisions of the staff may be taken to the City Council. 68 Centerville—Connexus Franchise version 12152015 Subd. 4. Record Support for Payment. Connexus Energy shall make each payment when due and,if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles,refunds or error corrections. Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement. Subd. 6. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Connexus Energy by certified mail. Subd. 7. Fee Review. The City Council shall begin a review of`tbis Ordinance by Centerville to determine whether to continue, terminate or modify the fee. If the Council deems it to be in the City's best interest to continue the fee in its current form, no Council action is necessary. If the Council deems it to be in the City's best interest to terminate or modify the fee, the Council shall give Connexus at least sixty (60) days written notice prior to the proposed change. Subject to the City's rights under Minnesota law. Subd. S. The City recognizes that Connexus Energy will surcharge its customers in the City the amount of the fee. SECTION 2. This ordinance takes effect as provided herein. Read and passed by the City Council of the City of Centerville, this th day of January,2016. EXHIBIT A CONNEXUS ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Fee or'/,0 Per Month Residential Small Commercial/Industrial (Non Demand) General Commercial/Industrial (Demand) Large Commercial/Industrial (> 1 MW Demand) Outdoor Advertising (Billboards),Non-Metered Cable/TV/Phone Irrigation services,Lift Station services, Siren services ???? 69 Centerville—Connexus Franchise version 12152015 Street Lights(city owned or rented) Exempt Wells&Pumps (city well) Exempt FRANCHISE FEES ARE TO BE COLLECTED BY THE UTILITY IN THE AMOUNTS SET FORTH IN THE ABOVE SCHEDULE,AND SUBMITTED TO THE CITY ON A QUARTERLY BASIS AS FOLLOWS: January through March collections due by April 30. April through June collections due by July 31. July through September collections due by October 31. October through December collections due by January 31. 70 ORDINANCE NO. 78, SECOND SERIES AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY,A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF CENTERVILLE THE CITY COUNCIL OF THE CITY OF CENTERVILLE DOES ORDAIN: SECTION 1. The City of Centerville Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. Putpose. The Centerville City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Centerville. (a) Pursuant to City Ordinance a Franchise Agreement between the City of Centerville and Northern States Power Company,a Minnesota corporation,its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company,a Minnesota corporation,its successors and assigns,in an amount and fee design as set forth in Section of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation,its successors and assigns,under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the NSPM May 1,2016 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise, In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. 1 71 Subd. 5. Enforcement. Any dispute,including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided above. Passed and approved: ,20_. Mayor Attest: City Clerk SEAL 2 72 SCHEDULE A Franchise Fee Rates: Electric Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per month Residential $4.00 Sm C&I—Non-Dem $8.00 Sm C&I—Demand $8.00 Large C&1 $8.00 Public Street Ltg $0.00 Muni Pumping—N/D $0.00 Muni Pumping—Dem $0.00 Franchise fees are submitted to the City on a quarterly basis as follows: January—March collections due by April 30. April—June collections due by July 31. July—September collections due by October 31. October—December collections due by January 31. 3 73 CenterPoint Energy Gas Franchise Ordinance ORDINANCE NO. 79, SECOND SERIES CITY OF CENTERVILLE,ANOKA COUNTY,MINNESOTA AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF CENTERVILE, ANOKA COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND,PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF THE CITY COUNCIL OF THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Centerville,County of Anoka, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sanitary sewer, storm sewer, water service, street lighting and traffic signals,but excluding facilities for providing heating,lighting,or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government,which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas ("CenterPoint Energy") its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Franchise. Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Gas Energy for retail or wholesale use. Franchise Ordinance for Centerville—CenterPoint Energy version 12152015 11Page 74 Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, Minnesota 55402. Notice to the City shall be mailed to the City Clerk at 1880 Main Street, Centerville, MN 55038. Any party may change its respective address for the purpose of this Ordinance by written Notice to the other parties. Ordinance. This gas franchise ordinance, also referred to as the Franchise. Public Way. Any highway, street, alley or other public right-of-way within the City. Public Ground. Land owned or otherwise controlled by the City for utility easements, park, trail, walkway, open space or other public property, which is held for use in common by the public or for public benefit. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future and also the right to transport Gas Energy through the limits of the City for use outside of the City limits. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to a public right-of-way ordinance, city policies, engineering standards, or permit requirements adopted consistent with state law. 2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance, or otherwise inform the City, at any time, that the Company does not accept this Franchise,the City Council by resolution shall revoke this Franchise. 2.3. Service and Gas Rates. The terms and conditions of service and the rates to be charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the Commission. 2.4. Publication Expense. Company shall pay the expense of publication of this Ordinance. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written Notice, the parties may jointly select a mediator to Franchise Ordinance for Centerville—CenterPoint Energy version 12152015 2 1 P a g e 75 facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this Franchise expires,this Franchise will remain in effect until a new franchise is agreed upon,or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow Franchise to expire. However, in no event shall this Franchise continue for more than one year after expiration of the 20-year term set forth in Section 2.1. SECTION 3. LOCATION,OTHER REGULATIONS. 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds in a location selected by the City. The location and relocation of Gas Facilities shall be subject to reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this Franchise. 3.2. Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee, unless the City is receiving a franchise fee pursuant to this Ordinance, in which case all permit fees will be waived. Permit conditions imposed on Company shall not be more burdensome than those imposed on other public-right-of-way users for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the City before commencement of the emergency repair, if reasonably possible. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground,the Company shall restore the Public Ways or Public Grounds in accordance with Minnesota Rules, 7819.1100. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work,remove all dirt,rubbish, equipment and material, and put the Public Ground in the said condition,the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Ways or Public Grounds at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. The Company shall not be required to post a construction performance bond. Franchise Ordinance for Centerville—CenterPoint Energy version 12152015 3 1 P a g e 76 3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons,property, or the elements. Per Minnesota Statute 216D.05,the City must take protective measures when it performs work near the Gas Facilities. 3.5. Notice of Improvements to Streets. Notice of upcoming projects will be given in accordance with Minnesota Statutes,Chapter 216D. 3.6 Mapping Information. If requested by City, the Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules 7819.4000, 7819.4100 and Minnesota Statutes, Chapter 216D.. 3.7. Emergency Response. As emergency first-responders, when a public safety concern exists both the City and Company shall respond to gas emergencies within the City without additional direct fee or expense to either City or Company. SECTION 4. RELOCATIONS. 4.1. Relocation in Public Ways and Public Grounds. The Company and City shall comply with the provisions of Minnesota Rules 7819.3100, with respect to requests for the Company to relocate Gas Facilities located in either Public Ways or Public Grounds. 4.2. Proiects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided project shall be governed by the provisions of Minnesota Statutes Sections 161.45 and 161.46. SECTION 5. INDEMNIFICATION. 5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence or otherwise wrongful act or omission except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This Franchise agreement Franchise Ordinance for Centerville—CenterPoint Energy version 12152015 4 1 P a g e 77 shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes,Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS. The City shall give Company at least two weeks prior written Notice of a proposed vacation of a Public Ways or Public Grounds. The City and the Company shall comply with Minnesota Rules 7819.3100 and Minnesota Rules 7819.3200 with respect to any request for vacation. SECTION 7. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE. 8.1. Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee. The Company will administer the collection and payment of franchise fees to City in lieu of permit fees or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City. The franchise fee will be collected on a flat per meter basis,or by some other method that is mutually acceptable to both City and Company for each retail customer within the corporate limits of the City. The amount of the fee collected may differ for each customer class. The City will use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with the Minnesota Public Utility Commission's March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will provide a formula that will produce a substantially similar fee amount to the City. If the City and Company are unable to agree,the disagreement shall be subject to the Dispute Resolution provisions of this Ordinance. 8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council. The effective date of the franchise fee ordinance shall be no less than ninety (90) days after written Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail. The Company is not required to collect a franchise fee if the terms of the fee agreement are inconsistent with this franchise or state law,provided the Company notifies the City Council of the same within the ninety(90)day period. 8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other gas supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through an agreed- upon franchise. Franchise Ordinance for Centerville—CenterPoint Energy version 12152015 5 1 P a g e 78 8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time,however, the change shall meet the same Notice and acceptance requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with Minnesota Public Utility Commission's March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company shall not be responsible to pay City fees that Company is unable to collect under Commission rules or order. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 8.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise,the franchise fee,if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. However, the franchise fee will not remain in effect for more than one year after the franchise expires as stated in Section 2.6 of this Franchise. If for any reason the franchise terminates, the franchise fee will terminate at the same time. SECTION 9. ABANDONED FACILITIES. The Company shall comply with Minnesota Statutes, Section 216D.01 et sea. as it may be amended from time to time with respect to abandoned facilities located in Public Ways and Public Grounds and with Minnesota Rules, Part 7819.3300 as it may be amended from time to time with respect to abandoned facilities in Public Ways. The Company shall maintain records describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the City's request and comply with the location requirements of Minnesota Statutes, Section 216D.04 with respect to all Gas Facilities located in Public Ways and Public Grounds. SECTION 10. PROVISIONS OF ORDINANCE. 10.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties. No provisions herein shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of this Ordinance or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. Franchise Ordinance for Centerville—CenterPoint Energy version 12152015 6 1 P a g e 79 SECTION 11. AMENDMENT-PROCEDURE. Either party may propose at any time that this Franchise Ordinance be amended. Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. If the Company does not consent to the amendment, the ordinance containing the amendment shall be revoked by City. Passed and approved: , Tom Wilharber Mayor of the City of Centerville,Minnesota Attest: City Clerk, Centerville,Minnesota Franchise Ordinance for Centerville—CenterPoint Energy version 12152015 7 1 P a g e 80 ORDINANCE NO. 80, SECOND SERIES AN ORDINANCE IMPLEMENTING A GAS ENERGY FRANCHISE FEE ON CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY") FOR PROVIDING GAS ENERGY SERVICE WITHIN THE CITY OF CENTERVILLE, MINNESOTA THE CITY OF CENTERVILLE DOES ORDAIN: Gas Franchise Fee (a) Definitions. For the purposes of this Ordinance, the following terms shall have the following meanings: (1) City. The City of Centerville, County of Anoka, State of Minnesota. (2) Company. CenterPoint Energy Minnesota Gas ("CenterPoint Energy"), its successors and assigns. (3) Franchise Agreement. The franchise agreement between the City and Company pursuant to City Ordinance 80, Second Series (4) Notice. "Notice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet mall, Minneapolis, MN 55402. Notice to City shall be mailed to the City Clerk at 1880 Main Street, Centerville,Minnesota 55038. (b) Purpose. The Centerville City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City. Pursuant to the Franchise Agreement the City has the right to impose a franchise fee on Company. (c) Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on Company commencing with the 2016 billing month, and in accordance with the following fee schedule: Franchise Fee Ordinance for Centerville-CenterPoint Energy version 12152015 81 Customer Classification Amount per Account per Month ($) Residential $ per month Firm A $ per month Firm B $ per month Firm C $ per month Small Volume, Dual Fuel A("SVDF A") per month Small Volume, Dual Fuel B ("SVDF B") �per month Large Volume, Dual Fuel ("LVDF") $ per month City Owned Facilities Exempt (d) Account Fee. This fee is an account based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter, but only one account, only one fee shall be assessed to that account. In the event any entities covered by this ordinance have more than one account, each account shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any account, the highest possible fee amount shall apply. (e) Payment. Franchise fees are to be collected by the Company, consistent with the Minnesota Public Utility Commission's March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970, and submitted to the City as follows: January—March collections due by April 30. April—June collections due by July 31. July—September collections due by October 31. October—December collections due by January 31. (f) Record Support for Payment. The Company shall make each payment when due and, if requested by the City, shall provide a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total made to account for any non-collectible accounts, refunds or error corrections. The Company shall permit the City, and its representatives, access to the Company's records for the purpose of verifying such statements. (g) Payment Adjustments. Payment to the City will be adjusted where the Company is unable to collect the franchise fee. This includes non-collectible accounts (h) Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates of city residents to reimburse the Company for the cost of the fee, consistent with the Minnesota Public Utility Commission's March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. (i) Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further Franchise Fee Ordinance for Centerville-CenterPoint Energy version 12152015 82 discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this ordinance or for such other relief permitted by law. 0) Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days or more after sending written notice enclosing a copy of this adopted Ordinance to Company by certified mail. Collection of the fee shall commence as provided above. (k) Relation to Franchise Agreement. This ordinance is enacted in compliance with the Franchise Agreement and shall be interpreted as such. (1) Periodic Review. The City Council shall review this ordinance every two years in whatever manner the City then determines to be appropriate, including, but not limited to, review by the City Council in either a work session or a regular session. Failure to review this ordinance shall not in any way invalidate or limit it. Section 2: Effective Date. This ordinance takes effect as provided herein. PASSED AND ADOPTED BY THE CITY COUNCIL THIS DAY OF 92016. Tom Wilharber, Mayor ATTEST: City Clerk (Published in the the day of Franchise Fee Ordinance for Centerville-CenterPoint Energy version 12152015 83 fly" > to CENTERVILLF4 ROAD 00 00 > m m PROGRESS ROAD OE 00 b 17 m fj co ze 21 0 ATO Aim m fill m 11 11 J, 0 2 pgq BUS AND PARENT CENTENNIAL 00 Larson Z> Engineering, Inc. T z 1111i DROP-OFF EVALUATION PUBLIC SCHOOLS 3524 Labom Road CENTERVILLE ELEMENTARY SCHOOL �hl.,,;, -- 4707 NORTH ROAD 55 CIRCLE PINES,MN 5,9014 02015 Woom ema"'41MI,Ift An light.lsoll—d. 4780 Regents Walk Shorewood, MN 55331 W06952.250.9783 huivestad@rocklandreadvisors.com January 8, 2016 HAND DELIVERED Mr. Mike Ericson Centerville City Administrator 1880 Main Street Centerville, MN 55038-9794 RE: Lot 2, Block 1, Clearwater Business Park, City of Centerville, Anoka County,Minnesota Dear Mike, Attached is a letter from Jon and Sophie Pederson terminating the purchase agreement with the City of Centerville pertaining to the referenced property. As the purchase agreement states, a closing on the referenced property was contingent on Jon and Sophie Pederson first closing on the sale of the two Ruffridge Johnson Equipment Company properties in Minneapolis. The purchaseR of those properties has terminated the purchase agreements for those two properties because it did not obtain the necessary financing. As the Pederson letter states, Jon Pederson, owner of Ruffridge Johnson Equipment Company, would like very much to discuss with you the reinstatement of the purchase agreement on mutually acceptable terms. I will contact Lou Suski with the hope of arranging a meeting to discuss a possible reinstatement. Sinc rely, Hal Ulvestad CITY OF CENTERVILLE Received this 8th day of January 85 JON R. & SOPME PEDERSON c/o RUFFRIDGE-JOHNSON 3024 4th St.S.E. Minneapolis,MN 55414 January 8, 2016 The City of Centerville Attn: Michael Ericson 1880 Main Street Centerville,MN 55038 Re: Termination of Purchase Agreement Lot 2, Block 1,Clearwater Business Park,Anoka County,Minnesota Dear Mr. Ericson: Unfortunately,we have determined that it is not feasible for us to proceed to purchase the above-referenced property. Accordingly, this letter shall serve as written notice of our election, as Buyers, to terminate the Purchase Agreement between us and the City of Centerville dated July 8,2015. We appreciate your cooperation and we would be interested in discussing with you the possibility of modifying certain terms of the subject Purchase Agreement in a mutually agreeable manner such as to allow for its potential reinstatement. Please feel free to contact our agent, Hal Ulvestad, Rockland Advisors, at 952-250-9783, should you have any questions regarding this termination notice. Sincerely, 4—Sop—hil4ederson— cc: Pederson Gene C. Olson, Esq.,Olson&Breckner, P.A. Aced , Hal Ulvestad,Rockland Advisors V 2 CI �7 y CFf" �' �hfP,rVi//� Kurt Glaser,Esq., Smith&Glaser,LLC / Y Lou Suski, Gaughan Companies Commercial Partners Title, LLC – _re,�-sem l3e�a�e►; �� c�e�'!�. 86 CITY OF CENTERVILLE ORDINANCE#� Second Series An ordinance adopting a fee schedule for 2016 THE CITY OF CENTERVILLE ORDAINS: Section 1. The following rates for,permits, licenses and other charges are approved: Reference FEE Chanter 50 Utility fees, Charges, Storm Water Area Charge and Other Costs .................................................................................See Exhibit"A" Chanter 73 Special Vehicle License (3 Years)...............................................$50.00 Chapter 90 Animal License(§90.02) Kennel License.......................................................... $30.00 Dangerous/Potentially Dangerous Dog Registration.......$35.00/Year Animal At-Large Release Fee(§90.06) Violation..........................................................................$50.00 Wild or Dangerous Animals (§90.02) HoneyBees..................................................................................$75.00 No More Than(2)Honey Bee Colonies Farm Animals(§90.03) Backyard Chickens (Up to 4 Hens) .............................................$75.00 Initial Permits Expire the Following Year,December 31 after Issuance Unless Revoked,Renewal Permits Shall Expire on December 31 of Second Year Following Issuance Unless Revoked Chapter 91 Special Event Noise Permit (§91.09).............................................$50.00 Burning Permit.............................................................................$50.00 (§91.25) Administration Fees Associated with Meth. Lab Clean-up .................................................................................................$5,000.00 (§91.45) Plus Costs Incurred for Clean-up(§91.53) Chapter 92 Park Use Permit...........................................................................$25.00+Deposit ParkUse.....................................................................................$100.00 Min. Deposit Field Prep., Trash pickup, lighting, concession facility, police and fire service,will be determined by P.W. Dir. Page 1 of 17 87 Chanter 93 Right-of-Way Usage Fees: (§93.20) Right-of-Way Excavating Permit or Street Breaking Permit......$75.00(§93.20) (Includes New Driveway(s)) Right-of-Way Excavating Permit/Existing Driveway Replacement$25.00 ............................................................................................................ Obstruction Fee..........................................................................$150.00 Penalty/Fine work in ROW without securing permit.........$300.00 Restoration Cost.............................................Equal to City Cost Deposit for restoration collected with permit per estimate of P.W.Director BuildingMove...........................................................................$500.00 Building Move Deposit(for street repairs and site restoration) ....$5,000.00(§93) (Also see Chapter 156.004) Chapter 94 Special Event Permit(§94.01).......................................................$50.00 Police and fire service, will be determined by P.W. Dir. Note Regarding Chapters 110, 112-119 Initial license for Chapters 110, 112-119 shall be pro-rated per quarter(not less than 1 quarter)and no refunds will be made if the business should cease the licensed activity. Chapter 110 Adult Establishment License..................................................$4,000.00(§110.08) Application/Background Check............................................$500.00 Chapter 111 Liquor Licenses: 3.2 Beer Permit—Special Events.........................$35.00 plus $5.00 for each(§111.08) add'1 day Application/Background Check(New Licensee)..........$500.00 Off-Sale Liquor..............................................................$100.00 Off-Sale Non-Intoxication Liquor...................................$20.00 On-Sale Liquor: Based on square footage.................................................$.60 per sq ft of interior .........................................................................................$.30 per sq ft for exterior Minimum................................................................$2,500.00 Maximum...............................................................$4,000.00 BrewPub........................................................................$500.00 On-Sale 3.2 Liquor ..................$250.00 Sunday Liquor License..................................................$200.00 WineLicense.................................................................$300.00 Chapter 112 Pawn Broker License................................................$2,000.00 (§112.03) Application/Background Check............................................$500.00 Chapter 113 Transient Sales: Page 2 of 17 88 Application/Background Check..............................................$80.00(§113.03) PerDay...............................................................................$10.00(§113.03) Per Month...........................................................................$60.00(§113.03) Chapter 114 Tattoo, Body Piercing, Permanent Cosmetic Make-Up, Body Branding and Body Painting Establishment License............................$270.00(§114.07) Application/Background Check..............................................$80.00 Chapter 115 Sauna(s), Dayspa or Massage Business License(Initial) ..........$270.00(§115.17) (Subsequent renewal).................................................................$150.00 (Includes Therapist Certificate Fee for Owner(s)) Massage Therapist Certification.............................................$85.00(§115.32) Application/Background Check..............................................$80.00 Massage Therapist Renewal/Annual Certificate...............$55.00(§115.32) Chapter 116 Cigarette License-sale of tobacco products.................................$85.00(§116.04) Application/Background Check................................................$80.00 Tobacco Violation(1St Violation)..............................................$250.00(§116.99) (2nd Violation)............................................................................$500.00 (3rd Violation).............................................................................$750.00 Chapter 117 Sale of Fireworks License..........................................................$100.00 (§117.06) Chapter 118 Rental License-2 Year Period....................................$110.00 for 1 st unit/$25.00 per(§118.03) unit thereafter within the same structure Rental Reinspection Fee (3rd Visit)..............................................$40.00 per unit Chapter 119 Commercial Rubbish Collection License Fee............................$300.00 (§119.01, A 5) Chapter 120 License for water and/or sewer service line installer ...............$100.00/yr. Chapter 121 Dance: Single Event......................................................................... $20.00 +Police Fees (§121.02) Yearly-Continuous................................................................$200.00+ Police Fees Chapter 130 BingoPermit................................................................................$20.00(§130.19) Chapter 150 Building Permits......................................................See Exhibit`B" Page 3 of 17 89 Plumbing Permits.....................................................See Exhibit"C" Electrical Permit Fees..............................................See Exhibit"D" Demolition Permit&Escrow: Residential (not required for accessory bldgs. <120 sq. ft.).$200.00(§150.01) Escrow...........................................................................$2,000.00 or Letter of Credit Commercial/Industrial..................Valuation Based w/Minimum Of.................................................................................... $300.00 Escrow..................................................................................20% of Demo. Cost Permit Surcharge..................................................... Per State of MN Chapter 152 Sign Permit Fee: Wall-mounted sign.................................................................$75.00 Free-standing sign (In addition to building permit)...............$75.00 Chapter 153 Park Dedication Fees Land Dedication...........................................................(§153.15) At option of City-10% of Fair market Value of all property located in the proposed development or$3,000/unit(whichever is greater) Commercial/Industrial ................................................$2,175.00/acre Lot Split/Lot Combination...................................................$200.00 plus legal fees +park fees Park fees only apply if the lot is split Preliminary Plat Fee—Application............................$500.00+deposit of$100.00/Lot or Unit (City Review will cease if costs exceed fees and deposit is not replenished) Chapter 155-same as Chapter 156 procedure fees Chapter 156 Bridges/Structures in easement Encroachment Agreement.....................................................$100.00 (§154.132) Annual Insurance Monitoring & Inspection...........................$25.00 FencePermit................................................................................$60.00 In Easement—Requires Council Action and Encroach. Agr.$100.00+Recording Fees PUD Application(§156.251).................................... $500.00+ deposit of$100.00/Lot or Unit (City Review will cease if costs exceed deposit and deposit is not replenished) Variance Application(§156.310)...............................................$250.00+ deposit of$500.00 (City Review will cease if costs exceed deposit and deposit is not replenished) Conditional or Interim Use Permit Application(§156.320)......$250.00+deposit of$500.00 (City Review will cease if costs exceed deposit and deposit is not replenished) Rezoning Requests (§156.410)..................................................$250.00+deposit of$500.00 Page 4 of 17 90 (City Review will cease if costs exceed deposit and deposit is not replenished) Site Plan Review........................................................................$250.00+deposit of$500.00 (City Review will cease if costs exceed deposit and deposit is not replenished) Comprehensive Plan Amendment-Applicant will pay all costs associated with amendment- $250.00+deposit of$500.00 (City Review will cease if costs exceed deposit and deposit is not replenished) Chapter 157 Fill Permit& Grading Permits................................See Exhibit"E" Site Maintenance Deposit/Erosion Control/Landscape/Sod/Driveway Escrow ..................................................................................$5,000(§157.15, B)(150.045 &(154.410) (May substitute letter of credit) Land Development Minimum.....................................$5,000.00 (Addressed in Developer's Agreement) OTHER FEES: Assessment Certificate.................................................................$45.00 Base Map Updating Fee(New Plat) .......................................$40.00/Lot(Developer's Agree.) (Minimum of$500) Council Chamber Rental - Must be non-profit organization—No Charge Private Business ......................................................................................................$30/Hour, 2 Hour Min. Security Deposit(City Policy-08/05)....................................$150.00 FilingFees......................................................................................$2.00 Maps and Charts (24" x 36").......................................................$15.00 Non-Sufficient Funds/Returned Check........................................$30.00 Notary Fees...............................................................................$1.00/item Photo Copies....................................................................................$.25 per page(one sided) Public Works Labor& Equipment.........................................$70/hr. (2 hr. min+ Equip. Cost) Research Charge..........................................................................$40.00 half hour minimum ....................................................................................................$60.00 for each hour thereafter Street Vacation Request......................................................$500.00 (review and hearing costs) Section 2. The attached summary ordinance: Exhibit"F" "Summary of Ordinance for Publication"is hereby adopted. Section 3. These fees shall become effective on publication of the attached summary of ordinance. Page 5 of 17 91 Adopted by the City Council this 13th day of January, 2016. Tom Wilharber, Mayor ATTEST: Teresa Bender, City Clerk Page 6 of 17 92 EXHIBIT A UTILITY FFES,CHARGES AND OTHER COSTS Sewer trunk system fee(Residential Equivalent Unit)................................$2,300.00(§51.07) Sewer Availability Charge(SAC)/MCES...................................................$2,485.00(§51.07) Water(WAC)/Trunk System Fee(Residential Equivalent Unit)................$1,850.00(§51.07) Water Access Charge(Unassessed properties)...........................................$6,500.00 Sanitary Sewer Access Charge(Unassessed properties).............................$8,100.00 Storm Water Area Charge(Developer's Agreement) .05739 per square foot(§51.11) Erosion Control Site Fee................................................................................$360/Unit Commercial/Industrial..........................................................................................$.07 per square foot of building, parking and other impervious surfaces Water/Sewer Permit Fees($51.07) Service/Connection(Includes 2 inspection trips to site.....................$75.00 TappingMain.....................................................................................$50.00 Curb Stop Activation.........................................................$75.00 Inspections(All)/each........................................................................$40.00 Service Charges-Meters Testing..............................................................................................Cost Water Meter Charge( 51.05,H) 3/4"Meter........................................................................................$411.00 1"Meter...........................................................................................$527.00 MinorRepairs...........................................................................Cost+20% Special and other sizes..............................................Cost plus Handling (These Rates are Subject to Tax) Water Test Fee...................................................................................................$6.36(7/1/06) Water Usage Rates 051.02) Residential Water System Management Fee/Bi-Monthly Billing Period.............$14.05 Variable—Rate Per Thousand Gallons/Qtr. (0-90,000).......................$2.10 Variable—Rate Per Thousand Gallons/Qtr. (90,001-150,000)............$2.31 Variable—Rate Per Thousand Gallons/Qtr.(150,001-XXX)..............$2.63 Commercial Water System Management Fee/Bi-Monthly Billing Period.............$14.42 Variable—Rate Per Thousand Gallons/Qtr.(0-500,000).....................$2.10 Variable—Rate Per Thousand Gallons/Qtr.(500,001-XXX)..............$2.63 Sewer/Wastewater fee(bi-monthly) Sewer Charges will include two components. The first is a flat fee covering the City's fixed and variable costs for sewer collection(Collection Rate). The second fee is to cover the variable charge for wastewater treatment (Treatment Fee). The Treatment charge will be the Treatment Fee rate multiplied times the water meter use for the billing period. To account for summer irrigation water not being treated, the charge for the July and November billings shall not exceed the average use during the first billing period of that year and the final billing period of the prior year (winter average). If the home is unoccupied during a significant part of the winter period, the average shall be manually calculated using other reasonable means to determine the anticipated sewer treatment volume. Page 7 of 17 93 Collection Rate Treatment Fee Residential charge $25.44/SAC Unit$2.15/1,000 gal. Commercial/Institutional $37.80/SAC Unit$2.15/1,000 gal Sewer-only customers shall be charged a flat rate per SAC unit or may purchase a city water meter and install it on their well in order to be billed at the lower fixed and variable rates above.Otherwise sewer-only customers shall be billed at the following rates: Collection Rate Treatment Fee Residential rate per SAC $25.44/SAC $25.44/SAC Commercial/Institutional $37.80/SAC Unit$25.44/SAC Storm Water Management Fee(bi-monthly):(§51.11) Residential(Fixed)........................................................................................$9.30 Comm./Industrial(Fixed)................................................... $.0.00267/sq.ft impervious with minimum...$9.30 Utilities/(Water/Sewer/Garbage Billing)Penalties&Late Fees Residential/Commercial Penalty/Late Payment 6%Qtrly On Delinquent Balance Utilities/(Water/Sewer/Garbage Certification)............5%of Outstanding Balance or$50.00 whichever is greater (§50.03) Utility billing is billed on a bi-monthly basis for the previous two months Use of Meter&Hydrant(51.09,J) MeterRental.......................................................... .....................$50.00/day ......................................................................................................$1,000.00Deposit ...........................................................................................................$25.00Connection Fee .............................................................................................................$4.00/1,000 Gallons Page 8 of 17 94 EXHIBIT B BUILDING PERMIT FEES TOTAL VALUATION FEE Driveway.....................................................................$25.00 Accessory Structures Under 120 sq ft. (Zoning Use Permit)..................................................$65.00 Easement Encroachment Agreement.........................$100.00+Recording Fees (Requires Council Action—Not Allowed if exceeds 120 sq.ft.) Basement(Finishing)(Plumb.&Mech.Included if Rough-In Complete) ...................................................................................$175.00 Door/Window Replacement........................................$55.00(Min.)/$110.00(Max.)—5' Above Grade Permanent Pools Inground...............................................................$355.00 Above Ground......................................................$155.00 (Both plumbing and mechanical included) Roof/Re-Roof— 1 or 2 family only...........................$155.00 Siding(Lap,Wood,Metal,Vinyl&Composite) 1 or 2 family only......................................................$155.00 (Excludes Stucco,Brick&Other Masonry Products) $1.00 TO$1,000.00....................................................$55.00 $1,100.00 TO$2,000.00..............................................$55.06 For the first$1,100.00 plus$4.01 for each additional$100.00 or fraction thereof,to and including $2,000.00 $2,001.00 to$25,000.00..............................................$91.00 For the first$2,000.00 plus 18.38 for each additional$1,000.00,or fraction thereof,to and including $25,000.00 25,001.00 to$50,000.00............................................$513.75 For the first$25,000.00 plus$13.26 for each additional$1,000.00 or fraction thereof,to and including $50,000.00 $50,001.00 to$100,000.00........................................$845.20 For the first$50,000.00 plus$9.19 for each additional$1,000.00,or fraction thereof,to and including $100,000.00 $100,001.00 to$500,000.00...................................$1,304.57 For the first$100,000.00 plus$7.35 for each additional$1,000.00,or fraction thereof,and including $500,000.00 $500,001.00 to$1,000,000.00................................$4,244.57 For the fust$500,000.00 plus $6.24 for each additional $1,000.00,or fraction thereof,to and including $1,000,000.00 Page 9 of 17 95 $1,000,001.00 and up.............................................$7,361.49 For the first$1,000,000.00 plus$4.79 for each additional $1,000.00,or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours..... (minimum charge—two(2)hours)................................................... $90.00 per hour 2. Reinspection fees assessed under provisions of Section 305.8................................................................................ $70.00 per hour 3. Inspections for which no fee is specifically indicated............................................................................................ $70.00 per hour Plan Review=65%of permit Commercial/Industrial$500.00 deposit required when plan submitted for review. *Work started without a permit—double permit fee w/cap of$1,000.00 Page 10 of 17 96 EXHIBIT C PLUMBING AND HEATING PERMITS 1. Plumbing Permits A. The charge shall be five dollars($5.00)for each plumbing fixture,device or connection to the sewer or plumbing system,with a minimum charge of forty dollars and zero cents($40.00) B. For any alteration, repair or extension to an existing plumbing system, where the work is of such a nature that the permit fee charge cannot be determined from the above schedule, the permit fee shall be forty dollars ($40.00) first five-hundred dollars ($500.00) or fraction thereof, plus fifteen dollars ($15.00) for each additional five-hundred dollars ($500.00) or fraction thereof of the total market value of such alteration,repair or extension. The charge for commercial,industrial or institutional plumbing shall be: Two percent(2%)of the total cost of labor and materials or a minimum of$40.00 whichever is greater. Work commenced without first obtaining a permit shall be charged an investigative fee equal to permit fees. 2. Mechanical Permits The charge for a residential dwelling shall be twenty dollars and zero cents($20.00) for each of the following units but not to exceed$140.00. A minimum charge of forty dollars and zero cents($40.00): • Main Gas Line Piping • Gas Furnace • Air conditioner • Boiler • Air Exchanger • Gas Fireplace/Gas Log(Install in regular fireplace) • Gas Boiler • Gas Dryer • Gas Stove/Range • Wood Fireplace • Duct Work • Miscellaneous Mechanical Fixtures • Gas Pool Heater • Gas Wall Heater/Garage Heater The charge for commercial,industrial or institutional building shall be: Two percent(2%)of the total cost of labor and materials of the heating,ventilation and air conditioning work to be completed or a minimum of$40.00 whichever is greater. Work commenced without first obtaining a permit shall be charged an investigative fee equal to permit fees,in addition to normal permit fees. Sprinkler/Fire Suppression system permits: Single Family,Flat fee of$400.00 Fire Suppression Permit Minimum.............$75.00 Page 11 of 17 97 Other sprinkler/fire suppression permits.All Fire Code related permits/inspections-contract cost of sprinkler/fire suppression system times 3.25% (Includes plan review by Building Official and Fire Department). All of the above stated fees are Subject to State of MN surcharge fees. Page 12 of 17 98 EXHIBIT D ELECTRICAL FEES Individual/separate inspection(installation,replacement,alteration or repair)...... ....................................$45.00 Services,generators,feeders to separate structures and other power supply resources: 1. 0 ampere to and including 200 ampere capacity.............................................................$45.00 2. Each additional 100 amps or fraction thereof...................................................an add'1$10.00 3. For services and circuits operating at over 250 volts .....................(Scheduled fee doubles) Circuits,feeders,feeder taps,or sets of transformer secondary conductors: 1. 0 ampere to and including 30 ampere capacity............................................................ $8.00 2. 31 amps to 100 amps...................................................................................................$10.00 ea. 3. Each additional 100 amps.,.................................................................................an add'l$5.00 One-Family dwelling and each dwelling unit of a two-family dwelling...................................................$175.00 Up to and including 200 amps service(includes not more than three inspections) Multifamilydwellings...............................................................................................................................$100.00 Each existing circuits or feeders reconnected to replacement panels(new or extended circuits or feeders at the abovefees) ..........................................................................................................................................$3.00 Electrical supply for each manufactured home park lot..............................................................................$45.00 Recreational vehicle site,electrical supply equipment.............................................................................$10.00 ea. Street,parking lot or outdoor area lighting standards...................................................................................$8.00 Transformers for light,heat and power: 1. Up to and including 10 kilo-volt amps........................................................................$20.00 ea. 2. Over 10 kilo-volt amps................................................................................................$40.00 ea. Transformers and electronic power supplies for electric signs and outline lighting.....................................$8.00 Swimming pool bonding inspection(each separate inspection)..................................................................$45.00 (Bonding conductors and connections require an inspection before being concealed) Retrofit modifications to existing lighting fixtures...............................................................................$.50/fixture Transient Projects-Power supply fees as identified above,plus 1 hour...............................................$90.00/hour Each attraction or concession inspection.....................................................................................................$45.00 Special inspection or inspections not covered above the fee is$90.00 per hour plus mileage at the rate established per the IRS. Re-inspection fee when inspection is necessary to determine whether the unsafe conditions have been corrected —a fee will be assessed by the inspector.....................................................................................................$45.00 MinimumFee per Trip................................................................................................................................$45.00 *Electrical work commenced without filing the required permit, in addition to the permit fee, shall pay two times the permit fee, not to exceed $1,000. *For purposes of interpretation, Minnesota Rules, Chapter 3800, Page 13 of 17 99 and the most recently adopted edition of the National Electric Code shall be prima facie evidence of the definitions,interpretations,and scope of words and terms used. Requests for Electrical Inspection(REI)with a fee of$250 or less expires 12 months from the filing date. The contractor must have the work completed within the 12-month period or submit another REI that includes the inspection fee for the uncompleted work. Inspection fees do not carry over from one REI to another. Subject to State of MN surcharge fees. Page 14 of 17 100 EXHIBIT E LANDFILL,GRADING AND EXCAVATING PERMIT FEES GRADING FEES General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be set forth in Table A33-A. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill,whichever is greater. Grading Permit Fees. A fee for each grading permit shall be paid to the City as set forth in Table A33-B. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. TABLE A33-A GRADING PLAN REVIEW FEES 50 cubic yards(38.2 m3)or less...........................................................................................No Fee 51 to 100 cubic yards(40 m3 to 76.5 m3)............................................................................$37.01 101 to 1,000 cubic yards(77.2 m3 to 764.6 m3)..................................................................$58.28 1,001 to 10,000 cubic yards(765.3 m3 to 7645.5 m3).........................................................$77.57 10,001 to 100,000 cubic yards(7646.3 to 7645.5 m3)-$77.57 for the first 10,000 cubic yards(7645.5 m3),plus$38.59 for each additional 10,000 cubic yards(7645.5 m3)or fraction thereof. 100,001 to 200,000 cubic yards(7645.6 m3 to 15,291.1 m3)-$424.86 for the first 100,000 cubic yards(7645.5 m3),plus$20.87 for each additional 10,000 cubic yards(7645.5 m3)or fraction thereof. 200,001 cubic yards(15,291.2 m3)or more-$633.55 for the first 200,000 cubic yards(15,291.1 m3),plus$11.42 for each additional 10,000 cubic years (7645.5 m3)or fraction thereof. Other Fees: Additional plan review required by changes,additions or revisions to approved plans (minimum charge-one-half hour)......................................................................................$79.54 per hour* *Or the total hourly cost to the jurisdiction,whichever is the greatest. This cost shall include supervision, overhead,equipment,hourly wages and fringe benefits of the employees involved. TABLE A33B-GRADING PERMIT FEES* 0 to 100 cubic yards(40 m3 to 76.5 m3)..............................................................................$60.00 101 to 1,000 cubic yards(77.2 m3 to 764.6 m3)-$60.00 for the first 100 cubic yards (76.5 m3),plus$27.56 for each additional 100 cubic yards(76.5 m3)or fraction thereof. 1,001 to 10,000 cubic yards(765.3 m3 to 7,645.5 m3)-$308.04 for the first 1,000 cubic yards(764.6 m3),plus$22.84 for each additional 1,000 cubic yards (764.6 m3)or fraction thereof. 10,001 to 100,000 cubic yards(7,646.3 m3 to 7,645.5 m3)-$513.60 for the first 10,000 cubic yards(7,645.5 m3),plus$103.95 for each additional 10,000 cubic yards (7,645.5 m3)or fraction thereof. 100,001 cubic yards(7,645.6 m3)or more-$1,449.15 for the first 100,000 cubic yards (7,645.5 m3),plus$57.49 for each additional 10,000 cubic yards(7,645.5 m3) Page 15 of 17 101 or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours........................................................$90.00 per hour (minimum charge—two hours) 2. Reinspection fees assessed under provision of Section 108.8................................$70.00 per hour 3. Inspections for which no fee is specifically indicated............................................$70.00 per hour (minimum charge—one-half hour) *The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. **Or the total hourly cost to the jurisdiction,whichever is the greatest. This cost shall include supervision, overhead,equipment,hourly wages and fringe benefits of the employees involved. Page 16 of 17 102 EXHIBIT F CITY OF CENTERVILLE Anoka County,Minnesota SUMMARY OF ORDINANCE# ,SECOND SERIES NOTICE IS HEREBY GIVEN that, on January 13, 2016, Ordinance # , Second Series, entitled "AN ORDINANCE ADOPTING A FEE SCHEDULE FOR 2016" was adopted by the City Council of the City of Centerville,Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance# , Second Series the City Council has directed that a title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd 4. NOTICE IS FURTHER GIVEN that a complete, printed copy of Ordinance # , Second Series is available for inspection by any person during regular office hours at the office of the City Clerk, 1880 Main Street, Centerville, MN, or will be mailed to anyone requesting it by telephone (651) 429- 3232. NOTICE IS FURTHER GIVEN that the general purpose of the ordinance is to adopt fees and charges for various purposes. Section 1. This section adopts fees and charges including fees related to garbage/utility account certification,utility rates and charges,animal licensing,burning permits, fees for use of right-of-ways and excavations in streets, fees for business licensing, fees and deposits related building activities, fees for sign permits, development fees including fees in lieu of park dedications, planning and zoning fees, and fees for services including supplying copies and maps,and fees for vacation of streets and easements. Section 2. This section authorizes this summary of the ordinance be published in lieu of the entire text of the ordinance. Section 3. This section provides that the ordinance is effective on publication of this summary. NOTICE IS FURTHER GIVEN that the City Council has by at least a 4/5 vote, approved this Public Notice. APPROVED this 13th day of January,2016. Published in the Quad Community Press on Page 17 of 17 103 CITY OF CENTERVILLE RESOLUTION#16— A RESOLUTION AUTHORIZING APPOINTMENTS FOR 2016 THE CITY OF CENTERVILLE RESOLVES: WHEREAS, the City Council of the City of Centerville met January 13, 2016 at City Hall and Mayor Thomas Wilharber, Council Members Fehrenbacher, Love, Paar & King were present; and WHEREAS, the City Council of the City of Centerville discussed appointments for the 2016 year•, and THE CITY OF CENTERVILLE HEREBY RESOLVES, the following person(s) are hereby appointed to the named positions: • Acting Mayor—Council Member Paar • Anoka County Fire Protection Council—Council Member King, Alternate Council Member Fehrenbacher(Meet Qtrly.) • Centerville Centennial Fire District Steering Committee Members—Council Members Wilharber, Paar and Love(Qtrly. Commencing In January, 3rd Thursday of Month, 6:00 p.m. Station 2, 7741 Lake Drive, Lino Lakes) • Check Signing Authority—Mayor Thomas Wilharber, Council Member Paar and City Administrator Ericson • North Metro Telecommunications Commission Representative—Council Member King • North Metro Telecommunications Commission Representative Alternate— Council Member(Fehrenbacher(3rd Wednesday of Every Month, 6:00 p.m., Spring Lake Park City Hall, 1301 —81St Avenue N.E., Spring Lake Park) • *Centennial Lakes Police Department Governing Board—Mayor Wilharber, Council Member Fehrenbacher&Alternate Council Member Paar(Qtrly. Unless Otherwise Determined by Governing Board, 7:00 p.m. Centennial Lakes Police Department, 54 N. Road, Circle Pines) • Rush Line Corridor—Mayor Thomas Wilharber/Council Member Paar(Qtrly., 3:30 p.m., White Bear Lake City Hall, 4701 Highway 61 N, White Bear Lake) • I35 W/E Coalition—City Administrator Mike Ericson(Northeast Corridor) & Mayor Wilharber, Council Member Fehrenbacher and others Council Members As Schedules Allow(Qtrly. 7:00 p.m. Hugo City Hall Oneka Room, 14669 Fitzgerald Avenue N., Hugo) • Weed Inspector—Mayor Thomas Wilharber *One of these members serves on the Citizen Corp. Council 104 COMMITTEES/COMMISSION Economic Development Authority 1. Current Members of Council Parks & Recreation Committee (1St Wednesday of Month, 6:30 p.m. Council Chambers) 1. Chairperson Jon Grahek 2. Committee Member Kevin Waeghe 3. Committee Member Chris Bettinger 4. Committee Member Kevin Amundsen 5. Committee Member Brian Peterson 6. Committee Member Charles Reinhardt 7. Committee Member Suzanne Seeley Council Member Liaison—King Planning& Zoning Commission (1St Tuesday of Month, 6:30 p.m. Council Chambers) 1. Chairperson Darrin Mosher 2. Commission Member Matthew Montain 3. Commission Member Russ Koski 4. Commission Member Nick Twohy 5. Commission Member Mark Haiden 6. Commission Member 7. Commission Member Council Member Liaison—Council Member Love STAFF/CONTRACTED SERVICES Animal Control—Otter Lake Animal Care Center/Centennial Lakes Police Department Escort Attorney—Smith & Glaser, Kurt Glaser Assessor—Ken Toltzman Auditor—Abdo, Eick and Meyers, Inc. Bond Counsel—Eckberg Lammers Building Official—Paul Palzer CERT—Michelle Lakso 105 City Engineer—Stantec, Mark Statz Drainage Ordinance Committee—Staff Drug Testing/Employment Medical Examinations—Choice Point/Blaine Medical Center Emergency Services Directors (Civil Defense) • Harlan Lundstrom • Jim Coan • Paul Palzer Financial Advisor—Northland Securities Fire Marshal—Centennial Fire District,Fire Chief Harlan Lundstrom Fire Protection—Centennial Fire District Housing and Redevelopment Authority(HRA)—Anoka County HRA Insurance Agent of Record—Paul Steffel Agency Official Depository—Central Bank Official Paper—The Quad Community Press Police Protection—Centennial Lakes Police Department Recycling Coordinator/Solid Waste Representative—Staff Senior Transportation Representative—Staff Solid Waste Advisory Committee Alternative—Staff Deputy Weed Inspector—Mr. Paul Palzer Passed by the City Council of the City of Centerville this 13th day of January, 2016. Mayor,Thomas Wilharber Attest: City Clerk, Teresa Bender 106 k4pms Publications 4779 Bloom Ave.,White Bear Lake, MN 55110• Phone:651-407-1200• Fax:651-429-1242 November 25, 2015 Ms. Theresa Bender City Clerk City of Centerville 1880 Main Street Centerville, MN 55038 Dear Ms. Bender: The Citizen would like to once again be considered as your designated official newspaper for 2016. We continue to meet all the legal publication requirements under state statutes. We offer submittal of legal notices by mail, fax at(651) 429-1242, or e-mail to lel;als kpresspubs.com - clearly labeling them as "Legal Notices." There will be a slight increase in the rate for your legal notices this year due to increased material costs. We are asking for $8.64 per column inch, in 7 point type at 9 lines per inch, in the Quad Community Press and $6.39 per column inch for publishing in The Citizen. Our legal notice deadline is every other Wednesday by 5:00 p.m. for the following Tuesday's publication. A schedule will be provided if needed. We welcome the opportunity to serve you and look forward to any questions or concerns you may have. Sincerely, e )a, Lisa Graber Legal Notice Coordinator LG:mp / Misc: Centerville2016.doc Your Best Source For Community Information White Bear Press• Vadnais Heights Press•Quad Community Presq•Shoreview Press•The Citizen•The Lowdown•North Oaks News news@presspubs.com ppcomp@presspubs.com 1071arketing@presspubs.com ppcirc@presspubs.com CITY OF CENTERVILLE RESOLUTION 16-0 A RESOLUTION APPOINTING ACTING MAYOR& ORDER OF SUCCESSION WHEREAS, pursuant to Minnesota Statute Section 412.212, and powers otherwise allowed by law, the Council did meet and confer during a regular meeting to choose an acting mayor to serve during the disability or absence of Mayor Wilharber from the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE,MINNESOTA, 1. The individual members of the City Council, named below, are hereby appointed to serve as Acting Mayor during the disability or absence from the City of the Mayor or another Acting Mayor. 2. The individual members of the City Council shall serve as Acting Mayor in the order of succession set forth below,beginning with the first Acting Mayor. 3. Once an Acting Mayor enters office. they shall serve as Acting Mayor until such time as any of the following events occur: a. Any disability or absence of Mayor Wilharber is resolved,then Mayor Wilharber shall reassume his duties; b. Said Acting Mayor becomes disabled or is absent from the City, then the office of Acting Mayor shall vest with the highest level Acting Mayor available at that time; or c. The vacant office of Mayor is filled in the manner set forth by Minnesota Statute Section 412.02. 4. The order of succession to serve as Acting Mayor is as follows: a. Jeff Paar, first acting mayor b. Ben Fehrenbacher, second acting mayor c. D. Love, third acting mayor d. Steve King, fourth acting mayor 5. This Resolution amends the appointment of an Acting Mayor as previously set forth in City of Centerville. 6. This Resolution shall be effective immediately upon approval by vote of the City Council. Adopted by the Council this 13'h day of January, 2016. Tom Wilharber, Mayor Attest: Teresa Bender, City Clerk 108 te1'viCle City of Centerville -F_,tabrr. ,edls;: Reader Board Sign Policy This policy specifies what information can be posted on the City's reader board sign, which is located at 1880 Main Street(in front of City Hall). Requests to post information on the sign will be prioritized in the following order: 1. Information related to City business or other government agencies 2. Requests from Centennial School District 12 3. Requests from all registered non-profit organizations located within the City of Centerville No commercial or religious messages are allowed on the sign. Churches located within the City of Centerville may request that community events of a non-religious nature be posted. Fundraising events for a charitable organization or an individual that are not sponsored by a registered non-profit organization will not be allowed. An application for posting information should be made thirty(30) days in advance of the event. To submit a request, complete the following information: Name of Organization: Event or Message: Date(s) and Time(s): Contact Name: Telephone Number: Email: Please Note: Only one (1) message is posted on the sign at any given time, so the City may not be able to accommodate every request. But, every effort will be made to post the message one (1) week in advance of the event. Would you also like this information to be posted on the City's Government Information Channe116? Yes No Would you also like this information to be posted on the City's Web Site? Yes _ No 109 2015 CITY FOCUS GOALS DESCRIPTION OF GOALS TARGET DATE FOR COMPLETION 1 Economic Development-Business Retention & Growth a. Maintain active relationships with all businesses in Centerville allowing for open input of economic conditions, available City resources, future plans(i.e., expansion/relocation) August 30, 2015 b. Collaberate with Quad Area Chamber of Commerce, neighboring communities,Anoka County, etc. to assist in increased knowledge of projects affecting city July 30,2015 c. Maintain database of stock of commercial/industrial properties(MNPro, MetroMSP,DEED &Greater MSP) for potential suitors and market with real estate brokers June 30, 2015 d. Utilize financial advisor,bond counsel, DEED, Met. Council and all economic development tools(TIF, tax abatement, grants,) to attract new business to Centerville October 1,2015 e. Review use of EDA to promote Centerville's attributes(lakes, small town feel, transportation/easy access, intemet/broadband availability, etc.) September 30, 2015 f. Review and update downtown redevelopment plan December 1,2015 2 Infrastructure a. CSAH21 -Work w/County and residents to complete successful reconstruction(financial and progress updates) August 1, 2015 b. Pavement management-continued funding and review September 30,2015 c. Ensure existing systems(water, sewer, storm sewer, snow plowing policy/route) are sustained through fees& CIP November 1,2015 d. Continue grant submissions for municipal connections June 1, 2015 e. Storm Water Management policies and procedures June 30,2015 3 Public Safety a. Centennial Fire District-work w/member cities December 1,2015 b. CLPD Police Commission-work w/member cities December 1,2015 4 Comprehensive Plan Implementation December 30,2015 5 Water Conservation a. Storm Water Irrigation-monitor November 1,2015 b. Water rate conservation-review fee structure August 30, 2015 c. Education, encouragement, incentives December 1, 2015 d. Collaboration on water supply-NE Water Summit&MN DNR December 30,2015 6 Parks &Recreation a. Identify and complete missing trail links July 30, 2015 b. Hockey Rink Fencing June 1, 2015 c. Identify funding sources like grants& donations November 1, 2015 d. Council Budgeted$15,000 in 2015 COMPLETED e. Park Dedication Fees - ReviewFee Schedule/Align w/Code September 30, 2015 110 2015 ONGOING PRIORITIES DESCRIPTION OF PRIORITY TARGET DATE FOR COMPLETION 1 Maintain Quality Staff a. Continue training and education b. Establish internship program c. Adequate resources and equip. -including technology 2 Commission/Committee Collaboration a. Maintain communications and interaction between Council Members, Staff and Commission/Committee Members b. Training-LMCIT, LMC &APA 1c. Recruit qualified citizens to serve and lead Commissions/Committees 3 Continue to Build Diverse and Stable Tax Base a. Pavement Management Program b. Collaberate with neighboring communities including Hugo to continue sharing services 4 Community Outreach a. Re-establish newsletter, revisit website, establish Facebook presence, Twitter, establish cable t.v. show, Lions, establish Yellow Ribbon network, recreational& civic organizations b. Build relationship with civic organizations, (i.e. Lions, Church) Hugo Business Association) c. Build&maintain relationships with local businesses d. City bus tour w/Council, Commissions and Staff 5 Maintain Legislative Relationships a. League of Minnesota Cities/Metro Cities b. County Commissioner, State Senator, State Representative& U.S. Congress &U.S. Senate 6 Build & Maintain Regional Partnerships a. I-35W/E Coalition,Northeast Metro Water Summit, St. Paul Regional Water,Metropolitan Council, School District, RCWD, State&Fed. Agencies 111 Kerri Kolstad 2721 Evergreen Circle White Bear Lake,MN 55110 651.280.7299-mobile (-,et outer and pL.i' kerri@mywahooadventures.com www.mywahooadventures.com January 6, 2016 Festival of Lakes$K/8K/Fun Run Race Director Roles and Responsibilities Amrrwdmate Time Involved Festival of Lake Committee Assistarwe General Requiremeirts Work with Committee on Ideas to Grow Registrations 2-one hour meetings/month Sponsorships Attend All Meetings as needed 7 months=14 hours Promote and Market the Race Assist with Promotion of the Event Volunteer Recruitment and Registration Assign,Meet with,and Manage Volunteers Race Budget Development Assist with increasing registrations Police/Medical/Refuse Manage to the Budget Pne-Bace 36 hours Permits and Insurance Requirements Includes Pre and General UST&F Approval of Measurement Course Miles and Signage Marked Police and Medical Communication Tshirts ordered thru Randy Fulton Registration Requirements-Numbers/Pins,etc. Registration Mgmt-Online Vendor/Zapevents Facebook and Social Media Management Confirm Barb on Race Timing Organize pre-race food/water Additional Porta Potties if needed RaceDay8 hours Water Stops Race Day Food Set-Up Aid/Medical Tent Registration Table and Tshirt distribution Cash Box/Forms for same day registration PA system if required Banners/Signage at start/finish Manage Volunteers and Keep Busy Awards? Clean Up Course Post Rare {� 2 hours Post the Results with Timing Company Post Race Stories& Social Media Updates Volunteer Thank You's Sponsor Thank You's Total Hours involved in Race Management 60 hours Standard Rate= $45/hour $2,700 Discounted Rate-friends of Pat Branch=$3$/hour $2,100 Tho tgbts on Grawth/Family Friendly Fun Run Obstacle Course-Adventure Races Popular New Shirt Logo-Reflect City History? New Race Name -as part of Festival of Lake-own identity Pick 8K or$K,not both-drive runners to one larger race 112 lY WWRAO WASTE MANAGEMENT January 5, 2016 Mike Ericson: City Administrator Teresa Bender : City Clerk City of Centerville 1880 Main Street Centerville, MN 55038 Dear Mr. Ericson Et Ms. Bender, Recently you received a price increase for the scheduled price increase based on the CPI. The increase given to residents was equal to 1%. As you are probably aware, Anoka County is no longer providing a rebate for material being hauled to GRE. At the same time, they increased their rates to I believe $75 per ton. Because of this increase, our disposal cost has gone up dramatically. We did not pass along an increase in the middle of last year when it increased on July 1, but we will be passing along the increase for 2016. From our rate of $68.00 per ton, there was a $7.00 per ton increase that was effective on 1/1/16. Below is the table indicating the amount of increase per container along with the note from the contract. Increase/Ton $7.00 32T $0.15 64T $0.25 96T $0.38 32T $0.08 64T $0.13 96T $0.19 32T $0.04 64T $0.06 96T $0.09 The contract from 2003 allows for disposal increases under D. Payment Method 1. Collection Service. The contract appears to have had a 2-year option, then in 2013 it appears an addendum was done. Thank you for your business. Sincerely, Mike Donnelly Waste Management of Minnesota, Inc. 113