HomeMy WebLinkAbout2017-11-08 CC Packet Ctt,
CITY OF CENTERVILLE COUNCIL MEETING
�teryiCle Wednesday, November S, 2017
6:30 p.m. or shortly thereafter
COUNCIL MEETING
I. CALL TO ORDER
1. Roll Call
H. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. APPOINTMENTSIPRESENTATIONS
1. None
V. PUBLIC HEARING
1. Delinquent Municipal Utilities,Garbage and Nuisance/City Abatement Services
(4th-6t Billing Cycles of 2016 & 1et-3�d Billing Cycles of 2017 (Utilities & Garbage)
& Nuisance/City Abatement Through October,2017. Such Amounts will Be
Assessed to Parcel Identification Numbers Through County Property Tax
Statements Payable in 2018 (Page 1)
VI. APPROVAL OF MINUTES
1. October 25,2017 City Council Meeting Minutes "Not Completed"
VII. CONSENT AGENDA
1. City of Centerville October 26,2017 through November 8,2017 Claims (Check
#31440-31459 (Page 2)
2. Centennial Lakes Police Claims through October 26,2017(Check#11665-11682)
(Page 3)
3. Renewal of Liquor Licenses & Tobacco for 2017—(Subject to Centennial
Background Check) (Page 4)
a. Ameer's Tobacco Shop—Tobacco
b. Corner Express/Circle K—Tobacco
C. Scat Properties, Inc. DBA Wiseguys Pizza—On Sale & Sunday Liquor
License
d. NS2R DBA Platinum Liquor—Off Sale& Tobacco
e. S & B Center Corp. DBA Kelly's Korner—On Sale, Off Sale & Sunday
Liquor+2 AM Closing
f. JV Summit Corp. DBA Southern Rail—On Sale& Sunday Liquor
g. JJ Liquor Barrel DBA Liquor Barrel—Off Sale & Tobacco
4. Proclamation Recognizing Hockey Day Minnesota(Saturday,January 20,2018)
Hockey Team (Page 5-6)
VIII. OLD BUSINESS
1. Preliminary Plat,Rezone & PUD,Diamond View Partners,LLC/Sharper
Communities LLC (7357—20th Avenue North) **Draft** Page 7-42)
IX. NEW BUSINESS
1. Res. #17-OXX- Delinquent Municipal Utilities, Garbage and Nuisance/City
Abatement Services (4th-6th Billing Cycles of 2016 & 15t-3`d Billing Cycles of 2017
(Utilities & Garbage) & Nuisance/City Abatement Through October,2017. Such
Amounts will Be Assessed to Parcel Identification Numbers Through County
Property Tax Statements Payable in 2018 (page 43-45)
2. Request to Proceed with Construction of Shoreland Restoration—Trailside Park—
Bids Not to Exceed$55,000 (Pages 46-49)—Mr. Greg Burmeister
X. COUNCIL//INTERIM ADMINISTRATOR ANNOUNCEMENTS
CLOSED EXECUTIVE SESSION— (City Administrator Salary Discussion)
I. CALL TO ORDER
1. Roll Call
II. ITEMS OF DISCUSSION
1. Salary
XI. ADJOURNMENT
*REMINDERS**
Planning& Zoning Commission Meeting—December 5, 2017, 6:30 p.m. (Council Chambers)
Parks&Recreation Committee Meeting - December 6, 2017, 6:30 p.m. (Council Chambers)
City Council Meeting—December 13, 2017, 6:30 p.m. (Council Chambers)
CITY OF CENTERVILLE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that the City Council of the City of Centerville will consider the
adoption of special assessments against properties that have delinquent utilities charges for the
year 2016/2017 and outstanding balances associated with City services (i.e., lawn maintenance,
property cleanup, etc.). The hearing is scheduled for Wednesday,November 8, 2017 at 6:30 p.m.
or shortly thereafter. The purpose of the meeting is to consider the certification of the delinquent
City charges for utilities, garbage and other services provided to properties that have unpaid
charges due on or before September 18, 2017.
The proposed assessment roll is on file for public inspection at the City Clerk's office. 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.
The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language
interpreter must be received before 4:00 p.m. November 2, 2017. All persons interested are
invited to attend and to be heard, verbally or in writing. You may call City Hall (651) 429-3232
if you have any questions.
Teresa Bender, City Clerk
Published in The Quad Community Press on October 24, 2017
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CITY OF CENTERVILLE 11/02117 12:28 PM
Page 1
Check Detail - November 8, 2017
Check
Dwic-- Check# Vender Name Comments Amount
11/3/2017 001098E PERA PERA W/H-PAY PERIOD 22
Check Nbr 001098 PFRA $2,344.0
11/3/2017 001099E OPIUM BANK-H.S.A. H.S.A.W/H-PAY PERIOD 22
Cbeck Nbr0 K-
11/3/2017 001100E MINNESOTA DEPT OF REVENUE STATE W/H-PAY PERIOD 22
Check Nbr 001100 MINNESOTA-DEPT OF REVENUE $1,192.20
11/3/2017 001101E IRS/EFTPS FED W/H-PAY PERIOD 22 $2,752.40
11/3/2017 001101E IRS/EFTPS FICA/MED W/H-PAY PERIOD 22 t3.746.0
Check Nbr 001101IR5 $6,498.42
11/3/2017 031440 POSTMASTER 2017 SEPT&OCT BILLING $179.85
11/3/2017 031440 POSTMASTER 2017 SEPT&OCT BILLING $179.85
11/3/2017 031440 POSTMASTER 2017 SEPT&OCT BILLING $179.85
Check N r 031440 POSTMASTER
11/8/2017 031441 ALLSTREAM P.W. PHONE SERV THRU 11-22-17
Check br 031441 ALLMFAM $88.29
11/8/2017 031442 BLAINE BROTHERS,INC. 2007 STERLING TRUCK-REPAIRS
Check br 031442 BLAINE BROTHERS, C. $1,157.17
11/8/2017 031443 BRIAN NELSEN INSPECTION SERVIC ELECTRICAL INSPECTIONS
11/8/2017 031444 BURNET TITLE OVER PD FINAL UTILITY BILL-1946-73RD ST-M. HEFFNER
Check br Q1444 BURNET TITLE $177.30
11/8/2017 031445 CENTENNIAL LAKES POLICE DEPT POLICE SERVICES-NOV.2017
Check Nbr 031445 CENTENNIAL LAKES POLICE DEPT $72,2�9.50
11/8/2017 031446 CITY OF CIRCLE PINES NOV.2017 POLICE BLDG $340.20
11/8/2017 031446 CITY OF CIRCLE PINES NOV.2017 POLICE BLDG $5,416.67
Check br Q31446 CITY OF CIRCLE PINE57 6 7
11/8/2017 031447 CITY OF ROSEVILLE OCT. 2017 PHONE SERVICES $144.52
11/8/2017 031447 CITY OF ROSEVILLE OCT.2017 PHONE SERVICES $144.52.
11/8/2017 031447 CITY OF ROSEVILLE OCT. 2017-JT. POWERS AGREEMENT $38.96
11/8/2017 031447 CITY OF ROSEVILLE OCT. 2017-JT.POWERS AGREEMENT $38.96
Check r 031447 CITY OF ROSEVILLE
11/8/2017 031448 CLEAR TITLE,LLC. OVER PD FINAL UTILITY BILL- 1949 72ND ST-J. KLECKER
Check 0 144 E LLC. $5.22
11/8/2017 031449 COMFORT PLUS HEATING&COOLING A/C CONDENSER FOR CITY OFFICES SHORT CYCLES
HEATING
11/8/2017 031450 EDINA REALTY TITLE OVER PD FINAL UTILITY BILL-2015 WILLOW CIRCLE-K. $58.64
11/8/2017 031450 EDINA REALTY TITLE OVER PD FINAL UTILITY BILL-2037 WILLOW-J.KRANNICH $135.64
Check Nbr 03145QREALTY $194-28
11/8/2017 031451 GLOBAL CLOSING&TITLE SERVICE OVER PD FINAL UT BILL-6805 GROUSE HOLLOW-BETH&
Check r 031451-GLOBAL CLQSING&TITLE SERVICE 1120.69
11/8/2017 031452 GOPHER STATE ONE CALL INC OCT.2017 SERVICES $32.40
11/8/2017 031452 GOPHER STATE ONE CALL INC OCT. 2017 SERVICES $32.40
Check N r 031452 GOPHERONE CALL INC $64-80
11/8/2017 031453 H&L MESABI PARTS FOR PLOW BLADE $955.00
11/8/2017 031453 H&L MESABI PARTS FOR PLOW BLADES $1,643.00
Check N 43H§j L MESA131 $2,598.00
11/8/2017 031454 HOME TITLE INC. OVER PD FINAL UTILITY BILL-7313 PELTIER CIRCLE-M.
Cbj2gk r 031454H ME TITLE INC. $5.95
11/8/2017 031455 INTERNATIONAL UNION OF OPERATI UNION DUES-NOV.2017
Check Nbr 033-455 INIERNATIONAL UNION OF OPERATI t103-50
11/8/2017 031456 IRRIGATION BY DESIGN,INC. AUTUMN SHUTDOWN SPRINKLER SYSTEM-LAMOTTE PARK
Check Nbr 0314 6 IRRIG6MQN BY DEI $429.00
11/8/2017 031457 LIBERTY TITLE OVER PD FINAL UTILITY BILL- 1861 POINEER LN-JASON-
CheoS Nbr 031457E $145.74
11/8/2017 031458 NATIONWIDE RETIREMENT SOLUTION DEF.COMP W/H-PAY PERIOD 22
Check Nhr 031J58 A
11/8/2017 031459 REI PROPERTY MANAGEMENT OVER PD FINAL UTILITY BILL-2066 WILLOW CIRCLE-L.
Check Nbr 031459PROPERTY MANAGEMENT $1.34
Total Checks $97,933.08
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CENTENNIAL LAKES POLICE DEPT Check Register-Police GL without invoice numbers Page: 1
Check Issue Dates:10/13/2017-10/26/2017 Oct 26,2017 09:32AM
Report Criteria:
GL Check Ck No Description Check
Period Issue Date Payee Amount
10117 10/20/2017 11665 ACCAP RESOURCE GUIDE 17 RESOURCE GUIDES 34.00
10/17 10/20/2017 11666 DELTA DENTAL NOV DENTAL 1,258.10
10/17 10/26/2017 11667 AMAZON TIRES 1,077.99
10/17 10/26/2017 11668 ANOKA COUNTY 3RD QTR CJDN/MDT 540.00
10/17 10/26/2017 11669 ASPEN MILLS, INC UNIFORMS KM 830.98
10/17 10/26/2017 11670 BULBS.COM BULBS 119.94
10/17 10/26/2017 11671 CENTENNIAL UTILITIES SEPT UTILITIES 920.88
10117 10/26/2017 11672 CITY OF CENTERVILLE DUI FORFEITURE DISTRIBUTION 99 G 75.53
10/17 10/26/2017 11673 CONNEXUS ENERGY ELECTRIC SEPT 2,396.03
10117 10/26/2017 11674 CONSOLIDATED COMMUNICATIONS PHONES OCT 380,82
10/17 10/26/2017 11675 DELL MARKETING L.P. OPTI PLEX 5050 COMPUTER 1,622.13
10117 10/26/2017 11676 DON'S CIRCLE SERVICE, INC VEHICLE REPAIRS&MTC 927.78
10/17 10/26/2017 11677 E C S I. LLC SEMI ANNUAL FIRE ALARM INSPECTI 327.82
10/17 10/26/2017 11678 GARY L FISCHLER & ASSOCIATES,P PSYCHOLOGICAL TESTING KM 575.00
10117 10/26/2017 11679 LEXIPOL LLC TRAINING 1 YEAR POLICY MANUALS 6,932.00
10/17 10/26/2017 11680 PETTY CASH/LOGAN LARSON PARKING 33,55
10/17 10/26/2017 11681 POPP COMUNICATIONS DSL LINE FOR WIFI 71.19
10/17 10/26/2017 11682 PURCHASE POWER INC POSTAGE 34.65
Grand Totals: 18,158.39
M=Manual Check,V=Void Check
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TO: Honorable Mayor and Council Members
FROM: Teresa Bender, City Clerk
SUBJECT: Liquor License Renewals 2018
DATE: November 2, 2017
Applications have been completed, backup documentation and fees have been received
from the following and forwarded on to the Centennial Lakes Police Department for
background checks.
Staff recommends approval subject to successful background checks, verification of
property tax payment and utility payment.
Ameer's Tobacco Shop--Tobacco
Corner Express/Circle K—Tobacco
Scat Properties,Inc. DBA Wiseguys Pizza—On Sale & Sunday Liquor
License
NS2R DBA Platinum Liquor—Off Sale & Tobacco
S & B Center Corp. DBA Kelly's Korner—On Sale,Off Sale & Sunday
Liquor+2 AM
Closing
JV Summit Corp.DBA Southern Rail—On Sale & Sunday Liquor
JJ Liquor Barrel DBA Liquor Barrel—Off Sale&Tobacco
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STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
PROCLAMATION
A PROCLAMATION RECOGNIZING HOCKEY DAY MINNESOTA
(SATURDAY,JANUARY 20,2018) HOCKEY TEAM
WHEREAS, the inception of Hockey Day Minnesota was in 2007 and is always a
celebration and commemoration of the Land of 10,000 Lakes' official pastime, and
WHEREAS, the Minnesota Wild originated Hockey Day Minnesota with the partnership
of Fox Sports North's production and local communities that host each year, and
WHEREAS, locations of past games have been held Baudette Bay(2007, 2008), Phalen
Park (2009), Hermantown (2010), Moorhead (2011), Minnetonka (2012), Grand Rapids
(2013), Elk River(2014), St. Paul (2015),Duluth(2016) and Stillwater(2017), and
WHEREAS, Centennial Boys High School Hockey team will be playing Moorhead. on
Lake George and many other Centennial Youth Hockey teams will be playing games on
this day, and
WHEREAS, 2018 will be the first year Women's College Hockey will be included. This
event is a full day of outdoor hockey, celebrated with bonfires, hot cocoa, good company
and great hockey. The schedule is as follows:
FRIDAY,JANUARY 19,2018
10:30 a.m.: Centennial Junior Varsity vs. St. Cloud, St. Cloud Municipal Athletic
Complex
SATURDAY,JANUARY 20,2018
10:00 a.m.: St. Cloud vs. St. Cloud Cathedral (boys), Lake George
1:00 p.m.: St. Cloud State vs. Minnesota Duluth(women's), Lake George
4:30 p.m.: Moorhead vs. Centennial Varsity(boys), Lake George
5:00 p.m.: MSU, Mankato vs. St. Cloud State (men's), Herb Brooks National Hockey
Center
8:00 p.m.: Wild vs. Lightning,Xcel Energy Center
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
CENTERVILLE,ANOKA COUNTY, MINNESOTA:
L City of Centerville desires to recognize the Centennial Boys High School
Hockey team's participation in this event and wishes that they have a great
experience and a well-played game.
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2. That the Mayor and City Clerk are authorized to sign said document and forward
the document to the Centennial Boys Hockey Blue Line Club.
Adopted by the City Council this 8th day of November, 2017.
Attest: Jeff Paar,Mayor
Teresa Bender, City Clerk
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CITY OF CENTERVILLE,ANOKA COUNTY,MINN.
Findings and Recommendation regarding
Conditional Use Permit(Planned Unit Development
The Planning&Zoning Commission met on October 3, 2017, to hold a public hearing to
consider a request of Diamond View Partners LLC, and Sharper Communities, LLC for a
Planned Unit Development of their property.
FINDINGS:
1) The property is currently described as: N %z of NE '/ of SE % of Sec 14 Twp 31, Rge
22, exc E 348.5 ft. of S 125 ft. of SD N1/2, EX RD, Subj. to Ease of record,
consisting of approximately 18 acres.
2) The applicant has submitted a request Planned Unit Development in conjunction with
applications for subdivision and rezoning from R-1 to R-2.
3) The proposed development provides for 24 units of detached townhomes.
4) City Code Sec 156.210 specifies that approval of a Planned Unit Development be in
substantially the same form as for approval of a conditional use permit.
5) The Commission finds that the unique characteristics of this property make
development difficult due to numerous wetlands on the property.
6) The Commission finds that development at the proposed density of approximately 1.5
units per acre will benefit to both the City and the applicant property owners and is in
conformance with the city's Comprehensive Plan.
7) The applicant provided evidence to show that the development could not occur at a
reasonable density without some flexibility in the design of the plat.
8) The City Code allows flexibility in design through a Planned Unit Development.
RECOMMENDATION:
The Planning & Zoning Commission by its action on this 3'd day of October, 2017,
recommends that the council grant approval of the Planned Unit Development, subject to
the following:
1) Developer shall execute a Planned Unit Development agreement to be
approved by City Council.
2) Staff recommendations are forwarded to Council with this recommendation.
3) A draft permit is attached hereto.
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CITY OF CENTERVILLE
ANOKA COUNTY,MINNESOTA
CONDITIONAL USE PERMIT
APPROVAL OF PLANNED UNIT DEVELOPMENT
1. Permit. Subject to the terms and conditions set forth herein, the City of Centerville
hereby grants approval of a Planned Unit Development for:
Applicant,Diamond View Partners LLC, and Sharper Communities, LLC,to
develop the described property into 24 units of detached townhomes.
Approval is granted to complete the development subject the conditions of this
permit.
2. Property. The permit is for the following described property:
N '/z ofNE '/ of SE '/ of Sec 14 Twp 31,Rge 22, exc E 348.5 ft. of S 125 ft. of
SD N1/2, EX RD, Subj. to Ease of record,consisting of approximately 18 acres.
3. Conditions. This permit is issued subject to the following conditions:
A. The applicant shall execute a PUD agreement as attached hereto as Exhibit A.
B. Grantee will follow the standards and requirements of the City of Centerville,
Rice Creek Watershed District, Anoka County, Army Corp of Engineers,
FEMA, Minnesota DNR and any other agency having jurisdiction over the
project and shall secure and file with the City, any permits required by outside
agencies.
C. Approval is subject to staff and city engineer review for conformance with
city code and standards.
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D. Developer shall dedicate easements adjoining the County road right of way
along the east side of the property as required by Anoka County.
E. Developer to create a perpetual home owner's association providing upkeep
and maintenance of semi-public amenities to include,but not limited to, off-
street parking stalls,boardwalk and other amenities as indicated in
construction documents and/or on the Plat, and record same as a deeded
covenant for each of the 24 units of detached townhomes.
5. Criminal Penalty. Violation of the terms of this permit is a criminal misdemeanor.
Dated:
CITY OF CENTERVILLE
BY:
Jeff Paar, Mayor
Attest:
Teresa Bender, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing was acknowledged before me this_day of 2017.
by Jeff Paar,Mayor and Teresa Bender, Clerk of the City of Centerville, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
Notary Public
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CITY OF CENTERVILLE,ANOKA COUNTY,MINN.
Findings and Decision for
Subdivision Approval
The Planning& Zoning Commission met on October 3, 2017, to hold a public hearing to
consider a request of Diamond View Partners LLC, and Sharper Communities, LLC
subdivide their property.
FINDINGS:
1) The property is currently described as: N % of NE % of SE '/ of Sec 14 Twp 31, Rge
22, exc E 348.5 ft. of S 125 ft. of SD N1/2, EX RD, Subj. to Ease of record,
consisting of approximately 18 acres.
2) The applicant has submitted a Planned Unit Development in conjunction with this
request for subdivision which provides for 24 units of detached townhomes.
3) The Commission finds that the unique characteristics of this property make
development difficult due to numerous wetlands on the property.
4) The Commission fords that development at the proposed density of approximately 1.5
units per acre will benefit to both the City and the applicant property owners and is in
conformance with the city's Comprehensive Plan.
5) The applicant provided evidence to show that the development could not achieve a
reasonable density without some flexibility in the design of the plat.
6) The City Code allows flexibility in design through a Planned Unit Development.
RECOMMENDATION:
The Planning & Zoning Commission by its action on this 3`d day of October, 2017,
recommends that the council grant preliminary and final plat approval, subject to the
following:
1) Owner will include any right of way requirements of Anoka County Highway
Department as they relate to CSAH 54.
2) The final plat configuration shall be subject to a Planned Unit Development
agreement to be approved by City Council.
CITY COUNCIL DECISION:
Findings and recommendation are hereby adopted by the Council this 11th day of
October, 2017.
Jeff Paar,Mayor
Attest:
Teresa Bender, City Clerk
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* ** *# * * ** ** * #** t f *# • a ** ** *# 4 * ** *##* * * * * * * * i ** * * **
Findings and Recommendation for Rezoning from R-1 to R-2
The Planning & Zoning Commission met on October 3, 2017, to consider an application
for rezoning certain property from R-i to R-2.
Findings:
1. The City received an application from the owner of certain property requesting a
rezoning from R-1 to R-2, in conjunction with a subdivision and Planned Unit
Development application.
2. The 2030 Comprehensive Plan provided guidance for future land uses in several parts
of the city.
3. The Planning and Zoning Commission has determined that the proposed rezoning is
in conformance with the future land use guide as indicated by the 2030
Comprehensive Plan. The rezoned land will be used for low density, single-family
homes facilitating controlled population growth towards the City's goal of 5,000
residents. This rezoning will allowed construction of the proposed development ina
manner that will protect existing wetland amenities while avoiding environmental
constraints.
4. The owners of properties affected by the proposed changes were notified by mail, and
published notice of the City's intention to amend the Official Zoning Map was given
as required by law.
5. A public hearing was held on October 3, 2017, at 6:30 p.m. and all persons desiring to
offer comments and testimony were heard and written comments were considered and
placed in the record.
RECOMMENDATION:
The Planning & Zoning Commission has determined that the following property should
be rezoned from R-1 (Rural Residential) to R-2 (Low Density Residential) and that the
Official Zoning Map should be amended.
See Attached "EXHIBIT A"
The Commission recommends that the council approve its findings and recommendation
and fin Cher that the Council adopt an ordinance amending the Official Zoning Map
accordingly.
Motion made and duly passed by the Planning&Zoning Commission of the City of
Centerville on October 3, 2017.
Dallas Larson, Interim Administrator
EXHIBIT A
Property to be rezoned from R-1 (Rural Residential) to R-2 (Low Density Residential)
Property ID Ws:
14-31-2241-0001
N % of NE % of SE 2/ of See 14 Twp 31, Rge 22, exc E 348.5 ft. of S 125 ft. of SD
N1/2,EX RD,Subj.to Ease of record
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CITY OF CENTERVILLE
ANOKA COUNTY,MINNESOTA
ORDINANCE# , Second Series
AN ORDINANCE REZONING CERTAIN PROPERTY FROM R-1 TO R-2
THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS:
SECTION 1. City Code Chapter 156, the City's zoning ordinance,is hereby amended by
rezoning certain property located within the City of Centerville, County of Anoka, State
of Minnesota, and legally described as:
Property ID#: 14-31-2241-0001
N '/2 of NE '/ of SE '/4 of Sec 14 Twp 31, Rge 22, exc E 348.5 ft. of S 125 ft. of SD
N1/2,EX RD,Subj.to Ease of record
SECTION 2.The Zoning Map of the City of Centerville referred to and described in
Chapter 156 shall not be republished to show the aforesaid rezoning,but the City
Administrator or the City Administrator's designee shall appropriately mark the Zoning
Map on file in the City Administrator's office for the purpose of indicating the rezoning
provided for in this ordinance and all of the notations,references, and other information
shown thereon are hereby incorporated by reference and made a part of this ordinance.
SECTION 3. This ordinance shall be effective immediately upon its passage and
publication according to law.
PASSED AND ADOPTED this day of , 2017,by the City Council of
the City of Centerville.
Jeff Paar,Mayor
ATTEST:
Teresa Bender, City Clerk
13
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DEVELOPMENT/SUBDIVISION AGREEMENT
(Developer Installed Improvements)
Peltier Estates
THIS DEVELOPMENT/SUBDIVISION AGREEMENT ("Agreement") dated
November S 2017, by and between the CITY OF CENTERVILLE,a Minnesota municipal
corporation ("City"), and Sharper Communities,LLC, a Minnesota corporation(the
"Developer").
1. REQUEST FOR PLAT AND DEVELOPMENT APPROVAL. The
Developer has asked the City to approve a final plat for Peltier Estates (referred to in this
Agreement as the"Plat"). The land("Land") is situated in the County of Anoka, State of
Minnesota,and is legally described on the attached Exhibit A.
2. CONDITIONS OF PLAT AND DEVELOPMENT APPROVAL. The City
hereby approves the final Plat on condition that the Developer enter into this Agreement, furnish
the security required by it,and record the Plat with the County Recorder or Registrar of Titles
within one hundred(l 00) days after the execution of this Agreement. If the final Plat is not
recorded within the one hundred(100) days,the approval of the Plat is void, unless a written
request for an extension is submitted to the City Administrator before the one hundred(100)
days expire. The extension will be approved or denied by the City Council within fifteen days.
VKG--2017-11-03 Page 1
16
Such plat shall contain all easements required for the construction of improvements for the
development.
3. RIGHT TO PROCEED. Within the Plat or Land to be platted,the Developer
may not grade(except as authorized in a Grading Permit issued by the City or the Final Grading
Plan,hereinafter defined) or otherwise disturb the earth, remove trees, construct sewer lines,
water lines, streets, utilities, public or private improvements, or any buildings until all the
following conditions have been satisfied: 1)this Agreement has been fully executed by all
parties, including owners and mortgage holders, and filed with the City Administrator,2)the
necessary security has been received by the City,3)the Plat has been submitted for recording
with the Anoka County Recorder's Office, and 4)the City Administrator has issued a letter that
all conditions have been satisfied and that the Developer may proceed. The Plat will not be
released to the Developer and may not be recorded until the necessary security has been received
and accepted by the City. The City Administrator shall issue the notice to proceed within seven
(7)business days after receipt and acceptance of the security.
4. OTHER DEVELOPMENT. The City may refuse to approve future planning or
zoning applications,plats or development contracts by or with Developer if Developer has
breached this Agreement and the breach has not been remedied.
5. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of
this Agreement,no amendments to the City's Comprehensive Plan or official controls shall apply
to or affect the use, development density, lot size, lot layout or dedications of the approved Plat
unless required by state or federal law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Agreement to the contrary,to the full extent
permitted by state law the City may require compliance with any amendments to the City's
vxG-2017-11-03 Page 2
17
Comprehensive Plan, official controls,platting or dedication requirements enacted after the date
of this Agreement.
6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the
following plans ("Plans")which are on file with the City. The Plans shall not be attached to this
Agreement. If the Plans vary from the written terms of this Agreement,the written terms shall
control. The Plans are:
Plan A— Peltier Estates final plat dated
Plan B Final Grading&Drainage Plan dated 11/2/2017 prepared by Plowe
Engineering, Inc. (Grading Plan").
Plan C Utility Plans for Sanitary Sewer&Water Main, Storm Sewer,Pond,
Street,Boardwalk and Details, for Peltier Estates, dated 11/2/2017
prepared by Plowe Engineering, Inc. ("Construction Plans").
Plan D -- Storm Water Pollution Prevention Plan dated 11/2/2017 prepared by
Plowe Engineering,Inc.
7. .IMPROVEMENTS. The Developer shall install and pay for the following
improvements ("Improvements")as required by the Construction Plans:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Street Lights (city will order, developer to pay and install)
G. Site Grading, Ponding and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Sidewalks and Trails (including Boardwalk)
K. Surveying and Staking
L. Mailboxes
M. Street and trail signage (developer to pay; city will order and install)
N, Trees, sod and landscaping
All Improvements shall be installed in accordance with the City's subdivision ordinance;
City standard specifications for utilities and street construction; and any other applicable
ordinances or policies. The Developer shall submit plans and specifications for the
Improvements that have been prepared by a competent registered professional civil engineer to
vxG--2017-11-03 Page 3
18
the City for approval by the City Council.No changes may be made to the Plans without the
City's express written consent. The Developer shall obtain all necessary permits from other
agencies before proceeding with construction of the Improvements. The Developer shall instruct
its engineer to provide adequate field inspection personnel to assure an acceptable level of
quality control to the extent that the Developer's engineer will be able to certify, as a condition
of City acceptance,that the construction work for the Improvements meet the approved City
standards.
The Developer, its contractors and subcontractors, shall follow all instructions received
from the City's and Rice Creek Watershed inspectors, so long as consistent with the Plans. The
Developer's engineer shall provide for on-site project management. The Developer or its
engineer shall schedule a pre-construction meeting at a mutually agreeable time and location
with all parties concerned, including the City's consulting engineer and inspector, to review the
program for the construction work. Prior to the pre-construction meeting, Developer shall
supply a schedule of construction activities and shall amend the schedule from time to time as
necessary.Before the Security for the completion of Public Improvements is released in total,
iron monuments must be installed in accordance with Minn. Stat. § 505.02. The Developer's
surveyor shall submit a written notice to the City certifying that the monuments have been
installed.
8. PERMITS. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, including but not limited to:
• Anoka County for County Road Access and Work in County Rights-of-Way(if any)
• Minnesota Department of Health for Watermains
• NPDES Permit for Grading and Erosion Control
• MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
4L DNR for Dewatering
City of CENTERVILLE for Building Permits
• City Of Centerville for soil and erosion permits.
• Rice Creek Watershed District
Wetland Conservation Act Permits
VKG--2017-11-03 Page 4
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City Permits for Utilities such as gas,phone, electric, cable TV,water&sanitary
sewer.
• Army Corps of Engineers
9. TIME OF PERFORMANCE. The Developer shall install all required public
improvements ("Public Improvements") in the Plans with the exception of the final wear course
of asphalt on streets by July 15, 2018. The final wear course on streets shall not be installed
before July 15,2019,but must be installed no later than September 30, 2019. The Developer
may,however,request an extension of time from the City. If an extension is granted, it shall be
conditioned upon updating the Security posted by the Developer to reflect cost increases and the
extended completion date. Final wear course placement outside of this time frame must have the
written approval of the City.
10. LICENSE. The Developer hereby grants the City, its agents, employees, officers
and contractors a license to enter the Land to be platted to perform all work and inspections
deemed appropriate by the City in conjunction with the Plat development and the Improvements.
11. EROSION CONTROL. The erosion control shall be implemented by the
Developer according to the Grading Plan, and inspected and approved by the City. The City or
Rice Creek Watershed District may impose additional erosion control requirements if field
conditions warrant. The parties recognize that time is of the essence in controlling erosion. If
the Developer does not comply with the erosion control plan and schedule or supplementary
instructions received from the City or the Rice Creek Watershed District,the City may take
such action as it deems appropriate to control erosion. The City will designate a contact person
responsible for erosion control issues. The contact person will attend the pre-construction
meeting. Except in case of emergency,the City will give 48 hours notice to the Developer in
advance of any proposed action, but failure of the City to do so will not affect the Developer's
and City's rights or obligations hereunder. If the Developer does not reimburse the City for any
cost the City incurred for such work within thirty(30)days,the City may draw down on the
Security or Additional Security to pay any costs. No development, utility or street construction
vxG--2017-11-03 Page 5
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will be allowed and no building permits will be issued unless the Developer is in full
compliance with the approved erosion control plans.
The Developer shall require all homebuilders working on the project to comply with
City's erosion control standards. The homebuilders are to be educated on the City standards and
the homebuilders may be required to post surety to secure performance. The City will work
cooperatively with the developer in securing homcbuilder compliance with erosion control
standards through the building permit process.
12. GRADING PLAN. The Plat shall be graded in accordance with the Grading
Plan. Within thirty(30) days after completion of the grading and before the City releases any
Security,the Developer shall provide the City with an"as constructed"grading plan certified by
a registered land surveyor or engineer,with elevation shots showing that all ponds, swales,
emergency overflows and ditches have been constructed in accordance with the approved
grading plan. Developer shall require lot purchasers to verify lot comer elevations and house
pads. The City will withhold issuance of building permits until the approved certified grading
plan is on file with the City and all erosion control measures are in place as determined by the
City Engineer, The Developer shall be required to maintain all erosion control measures until
the project is accepted by the City.
13. DEWATERING. Due to the variable nature of groundwater levels and
stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors
responsibility to satisfy themselves with regard to the elevation of groundwater in the area and
the level of effort needed to perform dewatering and store flow routing operations. All
dewatering shall be in accordance with all applicable county, state, and federal rules and
regulations. DNR regulations regarding appropriations permits shall also be strictly enforced.
14. CLEAN UP. The Developer shall daily clean dirt and debris from streets that has
resulted from construction work by the Developer, its contractors, subcontractors, agents or
assigns. Prior to any construction on the Plat,the Developer shall identify in writing a
responsible party for erosion control, street cleaning, and street sweeping. During such times as
VKG-2017-11-03 Page 6
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construction is active, developer or his agent shall frequently inspect streets and make sure that
they are swept of dirt and debris.
15. OWNERSHIP OF IMPROVEMENTS. Upon completion and acceptance of
the work and construction required by this Agreement,the Improvements lying within public
easements, shall become City property without further notice or action; Developer shalt retain
ownership and maintain all ponds and other erosion control measures until adequate ground
cover has been established on the Plat including all lots in the Plat, at which time the ponds shall
become property of the Home Owner's Association with the Plat indicating an easement in
favor of the public for storm water use and an easement in favor of the City for entry and
maintenance. However,the Developer shall maintain ponds until the development is complete
in conformance with this agreement, and provided that the engineer for Developer shall certify
that the ponds have been cleaned and provide the designed holding capacity prior to the city
taking over responsibility for any ponds in the development.
16. ADMINISTRATION COSTS. The Developer shall reimburse the City for all of
the City's out-of-pocket expenses for this development including, but not limited to expenses
incurred for legal,planning, engineering services, development agreement compliance and
inspection services. The Developer shall deposit and maintain with the City a $10,000 cash
escrow for payment of these accrued or future costs. The Developer agrees that the City has the
right to request additional deposits from time to time based on the City's estimates of future out-
of-pocket costs.
The City may halt plat development and construction for any unpaid bills until they are paid
in full and the escrow replenished to its original amount. Bills not paid within thirty(30)days
shall accrue interest at the rate of eighteen percent(18%)per year. City may at its option draw
against developer security to reimburse itself for such costs.
Before the City signs the final Plat,Developer must pay or satisfy all of these costs, and
any other unpaid governmental fees, assessments,judgments or real estate taxes,plus any
penalty and interest.
VKG--2017-11-03 Page 7
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17. SECURITY. To guarantee compliance with all of the terms of this Agreement,
including payment of real estate taxes,including interest and penalties,payment of Administration
Costs,payment of the costs of all Public Improvements,construction of all Public Improvements,
and payment to remediate any nuisances created by this Development,the Developer shall furnish
the City with a Letter of Credit in the form attached hereto as Exhibit B, from a bank or other
financial institution acceptable to the City("Security")in the amount set forth below. The amount
of the Security is calculated as follows:
CONSTRUCTION COSTS:
1. Cost of development, description:
a. Lot access -gravel & silt fencing
24 Lots @ $700.00 each $16,800.00
b. Street name signs
approximately 1 @ $250.00 each $250.00
C. Traffic signs, stop signs, etc.
approximately 1 @$250.00 each $250.00
d. Trail markers
approximately 2 @$150.00 each $300.00
e. Street sweeping
10 each @$250.00 each $2,500.00
f. Signage and barricades
1 @$250.00 each $250.00
g. Flushing of storm sewers, once per year until
all lots are built upon $1,000.00
h. Snowplow service of streets
approximately 20 @$200.00 $4,000.00
i. Shade trees(balled and burlapped)2 per
lot or 4 per corner lot(28 Total)at$400.00 per tree
$11,200.00
j. Final Grade/Sod/Curbstop @$4,000.00 per lot $96,000.00
vxG--2017-11-03 Page 8
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k. Grading and sodding of outlots and boulevards
2000 yds. @ $04.50 per yd. $9,000.00
1. Televise Sanitary Sewer $500.00
M. Install mailboxes (24 Total) @$50.00 $1,200.00
n. Surveying,staking, setting of iron monuments $25,556.00
Sub-Total Estimated Cost $168,806.00
Construction Contract and Related Costs
Sanitary Sewer, Water main, Storm Sewer $720,000.00
Streets, Sidewalk,sewer and water service stubs, street lights and
project inspection.
TOTAL COSTS $888,806.00
OTHER COSTS:
Additional security(25%) $222,201.00
TOTAL PROJECT SECURITIES $1,111,007.00
This breakdown is for historical reference;it is not a restriction on the use of the Security. The
Security shall be for a term ending November 30,2018,and automatically renewing thereafter
unless notice of termination is provided to the City at least forty-five(45)days prior to the end of
the term or any renewal date. The notice given must comply with the formal Notice provisions of
this agreement. Individual security instruments may be for shorter terms provided they are replaced
at least thirty(30)days prior to their expiration. The City may draw down the Security,with a
written seven(7)day notice and seven(7)day right to cure by the Developer,for any violation of
the terms of this Agreement or if the Security is to be allowed to lapse prior to the end of the
required term or any renewal term. The notice and right to cure provisions shall be void if the
Security will expire in less than seven(7)days or upon discovery that security will not
automatically renew. If the required Public Improvements are not completed at least thirty(30)
VKG-2017-11-03 Page 9
24
days prior to the expiration of the Security,the City may also draw it down. If the Security is drawn
down,the proceeds shall be used to cure the default or held until the Developer has completed the
Public Improvements. Upon receipt of proof to the City that work has been satisfactorily completed
and financial obligations to the City and Developer's contractors have been satisfied,with City
approval the Security may be reduced from time to time by ninety percent(90%)of the financial
obligations that have been satisfied. Ten percent(10%)of the Security shall be retained until all
Public Improvements have been completed,all financial obligations to the City satisfied,and the
required"as constructed"plans have been received by the City. The City must approve or deny a
request for reduction in the Security within twenty-one(2l)days after receipt of proof satisfactory
to the City as provided above.
18. CLAIMS. In the event that the City receives claims from laborers, materialmen,
or others that work required by this Agreement has been performed,the sums due them have not
been paid, and the laborers, materialmen, or others are seeking payment from the City, such
claims will be forwarded to developer who shall promptly process the claims and make sure that
all valid claims are paid. Developer agrees to indemnify and hold City harmless in the event that
the City receives claims from(and uses reasonable diligence to authenticate said claims)labor,
materialmen, or others indicating that work required by this Contract has been performed,the
sums due them have not been paid, and the laborers,materialmen,or others are seeking payment
from the City.the Developer hereby authorizes the City to commence an Interpleader action
pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts,to draw upon
the Security and Additional Security in an amount up to 125%of the claim(s)and deposit the
funds in compliance with the Rule, and upon such deposit,the Developer shall release,
discharge, and dismiss the City from any further proceedings as it pertains to the Security or
VKG--2017-11-03 Page 10
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Additional Security deposited with the District Court,except that the Court shall retain
jurisdiction to determine attorneys' fees pursuant to this Agreement.
19. SPECIAL PROVISIONS. The following special provisions shall apply to plat
development:
a. Park Dedication. Before the City signs the final Plat,the Developer shall:
(l) Make a cash contribution of$72,000.00 in lieu of land dedication.
During plat development,the Developer shall:
(2) Construct trails according to the approved Pian B and Plan C.
b. Mailboxes. Developer shall provide and install mailboxes to serve all lots in the
Plat. Developer shall provide a plan showing locations and installation details. Mailboxes shall
be of high quality and subject to City approval.
C. City Fees.
i. The Plat is subject to stormwater fees. The fees are based upon the gross
area of the Plat and are calculated as follows:
Gross Area of Plat: 19 acres 827,640 sq. ft.)
Storm water fee x $0.05739 per soft.
TOTAL $47,498
All fees must be paid in full in cash upon execution of this Agreement.
Developer's failure to timely pay fees shall constitute a default, and be grounds for denial
of building permits.
ii. This plat is subject to city trunk system charges for water and sanitary
sewer, as well as Met Council charges for sewer only; also known as availability charges.
These will be collected with building permits at the,then current rates.
d. Record Construction Drawings. Before the City returns the security,the
Developer shall prepare record construction drawings in electronic format(two copies).At
VKG--2017-11-03 Page 11
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execution of the agreement, developer shall pay a cash fee to the City for City base map
upgrading. This fee is $40 per lot for a total charge of$ 960(24 lots x $40=$960.00).
e. Electronic Format. The Developer shall submit the final Plat in electronic format.
The electronic format shall be either AutoCAD, .DWG file or a .DXF file using Anoka County
coordinates. The Developer shall also submit one complete set of reproducible construction
plans on mylar and two sets of as-constructed prints on paper(22 x 34).
f. Street Light Installation. The Developer shall be responsible for the cost of street
light installation consistent with a street lighting plan approved by the City. Before the City
signs the final Plat,the Developer shall pay the sum of$9,000.00 to the City for street light
installation consistent with the approved plan. The amount of this payment is estimated and
consists of four(3) streetlights at$3,000.00 each.
g. Seal Coating. Streets are subject to additional wear and tear during the
construction period,while at the same time,taxes are insufficient to cover these costs.As such,
developer shall pay the cost of the first seal coat,which the city may use for seal coating or may
apply to a future mill and overlay. Cost shall be $400 per lot x 24 lots for a total of$9,600.
h. Site Access for Grading and Construction.Access to the site during grading and
construction shall only be permitted by 20th Avenue.
20. ACCEPTANCE AND WARRANTY
a. Within 60 days after Developer delivers a complete set of reproducible"as
constructed"plans and s set of electronic format"as constructed"plans for the Developer
installed public improvements and a letter requesting acceptance by the City of such
improvements, City shall review said improvements and consent to and accept the public
VKG--2017-11-03 Page 12
27
improvements or provide Developer with a written notice of work that is unacceptable and what
is required to make the work acceptable to the City. If the City fails to provide a written notice
of unacceptable work within 90 days,then the City shall be deemed to have accepted the public
improvements identified in the Developer's written request for acceptance.
b. The Developer warrants all Improvements required to be constructed by it
pursuant to this Agreement against poor material and faulty workmanship. The warranty period
for streets is two years from the date of completion of the wear course pavement. The warranty
period for underground utilities is two years from the date of acceptance by the City. If all
Improvements are installed by one contractor,the warranty period shall commence after the final
wear course has been completed and the City has accepted the streets. If streets and underground
utilities are installed by separate contractors,the two-year warranty period on streets shall
commence after the final wear course has been installed and accepted by the City, and the two
(2)year warranty period on underground utilities shall commence following their completion and
acceptance by the City. The Developer or his contractor shall post maintenance bonds in the
amount of thirty-five percent(35%) of final construction costs to secure the warranties. The City
standard specifications for utilities and street construction identify the procedures for final
acceptance of streets and utilities.
21. HOME OWNERS ASSOCIATION.
THIS SECTION TO BE PROPOSED BY DEVELOPER ADDRESSING THE
FOLLOWING ISSUES:
a. System for deeding HOA to all lots, including the duty to perpetually fund the HOA
b. Identify ownership of common property to include the pond,boardwalk, off-street
parking, etc.And include duty for HOA to maintain all property.
VKG--2017-11-03 Page 13
28
c. Operation of HOA, including documents such as Articles of Incorporation and Bylaws
d. Mechanism for City to enforce HOA in the event of default
e. Timing of transfer control of HOA from Developer to Owners
22. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any
of the work to be performed by it hereunder,the City may, at its option,perform the work and
the Developer shall promptly reimburse the City for any expense incurred by the City,provided
the Developer, except in an emergency as determined by the City, is first given notice of the
work in default,not less than 48 hours in advance. This Agreement is a license for the City to
act, and it shall not be necessary for the City to seek a Court order for permission to enter the
Plat. When the City does any such work,the City may,in addition to its other remedies,assess
the cost in whole or in part.
23. MISCELLANEOUS.
A. Third parties shall have no recourse against the City under this Agreement.
B. Breach of the terms of this Agreement by the Developer shall be grounds
for denial of building permits,including lots sold to third parties.
C. If any portion, section, subsection, sentence, clause,paragraph, or phrase
of this Agreement is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
D. Building permits may be issued for two(2)single-family model homes on
lots in the plat,upon the City's receipt of the certified"as constructed" grading plan and
installation of all public improvements up to and including Class 5 aggregate base. Building
permits remaining homes may be issued after completion of concrete curb and gutter to the street
and bituminous base course pavement.
VKG--2017-11-03 Page 14
29
E. If building permits are issued prior to the completion and acceptance of
Public Improvements, the Developer assumes all liability and costs resulting in delays in
completion of Public Improvements and damage to Public Improvements caused by the City,
Developer, its contractors, subcontractors,materiahnen, employees, agents,or third parties. No
sewer and water connection permits may be issued and no one may occupy a model home or
building for which a building permit is issued on a temporary or permanent basis until the streets
needed for access have been paved with a bituminous surface and the utilities are accepted by the
City.
F. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding,amendments or waivers shall be
in writing, signed by the parties and approved by written resolution of the City Council. The
City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or
release.
G. This Agreement shall run with the land and may be recorded against the
title to the Land. The Developer covenants with the City, its successors and assigns,that the
Developer is well seized in fee title of the subject property and/or has obtained consents to this
Agreement,in the form attached hereto, from all parties who have an interest in the property;that
there are no unrecorded interests in the property being developed; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
H. Developer shall take out and maintain or cause to be taken out and
maintained until six(6)months after the City has accepted the Public Improvements, public
liability and property damage insurance covering personal injury, including death, and claims for
property damage which may arise out of Developer's work or the work of its subcontractors or
VKG--2017-11-03 Page 15
30
by one directly or indirectly employed by any of them. Limits for bodily injury and death shall
be not less than$500,000 for one person and $1,000,000 for each occurrence; limits for property
damage shall be not less than $200,000.00 for each occurrence; or a combination single limit
policy of$1,000,000 or more. The City shall be named as an additional insured on the policy,
and the Developer shall file with the City a certificate evidencing coverage prior to the City
approving this Development Agreement. The certificate shall provide that the City must be
given ten (10)days advance written notice of the cancellation of the insurance. The certificate of
insurance shall substantially comply with the form attached hereto as Exhibit C.
1. Each right,power or remedy herein conferred upon the City is cumulative
and in addition to every other right,power or remedy,express or implied,now or hereafter
arising, available to City, at law or in equity,or under any other agreement, and each and every
right,power and remedy herein set forth or otherwise so existing may be exercised from time to
time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right,power or remedy.
J. The Developer may not assign this Agreement without the written
permission of the City Council. The Developer's obligation hereunder shall continue in full
force and effect even if the Developer sells one or more lots,the entire Plat,or any part of it.
K. The Developer shall hold the City and its officers, employees,and agents
harmless from claims made by it and third parties for damages sustained or costs incurred
resulting from Plat development. The Developer shall indemnify the City and its officers,
employees, and agents for all costs, damages, or expenses that the City may pay or incur in
consequence of such claims, including attorneys' fees.
vrco--2017-11-03 Page 16
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L. Developer shall submit shop drawings for all retaining wall construction
over four-feet in height to the City for review and approval. These plans shall be certified by a
Minnesota structural professional engineer. Developer's obligation is satisfied if a homebuilder
submits a certified plan.
M. Attached, as Exhibit D is a summary of the Developer's financial
obligations identified in other sections of this Agreement.
N. MINIMUM HOME VALUES-BUILDING COVENENTS. Developer
has agreed to construct homes with values of$375,000 to$450,000,including land. The city
may withhold a building permit for any proposed home that does not fall within the minimum
range of values. Developer shall submit lot covenants requiring home construction of size and
quality to meet the minimum home values to the city for review.
24. NOTICES. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, its employees or agents,or mailed to the Developer by
certified mail at the following address: SHARPER COMMUNITIES, LLC,c/o Kari Clark,
14840 Aberdeen Street,N.W.,Ham Lake,MN 55304. Notices to the City shall be in writing and
shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in
care of the City Administrator at the following address: CENTERVILLE City Hall, 1880 Main
Street, CENTERVILLE, Minnesota 55038.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGES FOLLOW.]
VKG--2017-11-03 Page 17
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SIGNATURE PAGE TO SUBDIVISION AGREEMENT
Peltier Estates
CITY OF CENTERVILLE
BY:
(SEAL) Jeff Paar,Mayor
AND
Teresa Bender, City Clerk
STATE OF MINNESOTA )
(ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
2017, by Jeff Paar, Mayor, and by Teresa Bender, City Clerk, of the City of CENTERVILLE, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
NOTARY PUBLIC
DRAFTED BY AND RETURN TO:
City Of Centerville
1880 Main Street
Centerville, MN 55038
vxG--2017-11-03 Page 18
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SIGNATURE PAGE TO SUBDIVISION AGREEMENT
Peltier Estates
DEVELOPER:
Sharper Communities, LLC
BY:
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2017, by the of Sharper Communities,LLC, a
Minnesota Limited Liability Company, on behalf of the LLC.
NOTARY PUBLIC
VKG--2017-11-03 Page 19
34
FEE OWNER CONSENT TO SUBDIVISION AGREEMENT
Peltier Estates
fee owners of all or part of the subject property,the
development of which is governed by the foregoing Development/Subdivision Agreement,
affirm and consent to the provisions thereof and agree to be bound by the provisions as the same
may apply to that portion of the subject property owned by them.
Dated this day of ' 2017.
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2017,by
NOTARY PUBLIC
vxG--2017.11-03 Page 20
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MORTGAGEE CONSENT TO SUBDIVISION AGREEMENT
Peltier Estates
which holds mortgage(s)on the subject
property,the development of which is governed by the foregoing Development/Subdivision
Agreement, agrees that the Agreement shall remain in full force and effect even if it forecloses
on its mortgage(s).
Dated this day of ,2017.
MORTGAGEE
Its:
STATE OF MINNESOTA }
(ss.
COUNTY OF _ )
The foregoing instrument was acknowledged before me this day of ,
2017, by the
of , on behalf of
NOTARY PUBLIC
VKG—2017-11-03 Page 21
36
EXHIBIT"A"TO SUBDIVISION AGREEMENT
Peltier Estates
Legal Description of Property Being Developed,situated in Anoka County,Minnesota:
vxG--2017-]1-03 Page 22
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EXHIBIT"B"TO SUBDIVISION AGREEMENT
Peltier Estates Addition
IRREVOCABLE LETTER OF CREDIT
No. _
Date:
TO: City of CENTERVILLE
1880 Main Street
CENTERVILLE, Minnesota 55038
Dear Sir or Madam:
We hereby issue, for the account of Sharper Communities, LLC and in your favor, our
Irrevocable Letter of Credit in the amount of$1,111,007.00, available to you by your draft drawn
on sight on the undersigned bank.
The draft must:
a)Bear the clause, "Drawn under Letter of Credit No. dated
2017, of ame of Bank `;
b)Be signed by the Mayor or City Administrator of the City of CENTERVILLE.
c)Be presented for payment at (Address of Bank) **1 , on or before 4:00 p.m. on
November 30, 2018.
This Letter of Credit shall automatically renew for successive one-year terms unless, at
least forty-five (45)days prior to the next annual renewal date(which shall be November 30 of
each year),the Bank delivers written notice to the CENTERVILLE City Administrator that it
intends to modify the terms of,or cancel,this Letter of Credit. Written notice is effective if sent
by certified mail,postage prepaid, and deposited in the U.S.Mail, at least forty-five(45)days
prior to the next annual renewal date addressed as follows: CENTERVILLE City Administrator,
CENTERVILLE City Hall, 1880 Main Street, CENTERVILLE,MN 55038, and is actually
received by the City Administrator at least thirty(30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be
modified, amended, amplified, or limited by reference to any document, instrument,or
agreement,whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than
one draw may be made under this Letter of Credit.
vxG--2017-11-o3 Page 23
38
This Letter of Credit shall be governed by the most recent revision of the Uniform
Customs and Practice for Documentary Credits, International Chamber of Commerce Publication
No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit
shall be duly honored upon presentation.
BY:
*I Must be a location within 25 miles of City Of Centerville.
VKG-2017-11-03 Page 24
39
EXHIBIT "C"TO SUBDIVISION AGREEMENT
CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER:City of CENTERVILLE
1880 Main Street
CENTERVILLE,Minnesota 55038
INSURED:
ADDITIONAL INSURED: City of CENTERVILLE
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date: Expiration Date: _
Insurance Company:
COVERAGE-Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date: Expiration Date:
Insurance Company:
()Claims Made ()Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
$500,000 for one person $1,000,000 for each occurrence
Property Damage:
$200,000 for each occurrence
-OR-
Combination Single Limit Policy $1,000,000 or more
COVERAGE PROVIDED:
Operations of Contractor: YES
Operations of Sub-Contractor(Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Products: YES
Contractual Liability(Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
VKG--2017-11-03 Page 25
40
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.
Effective Date: Expiration Date: _
Insurance Company:
(X)Any Auto
LIMITS: [Minimum]
Bodily Injury:
$500,000 each person $1,000,000 each occurrence
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy: $1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY
DAMAGE ON ANY OF THE ABOVE COVERAGES:
If so, list: Amount: $
[Not to exceed$1,000]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL TEN
(10)DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE
IS ISSUED.
Dated at On
BY:
Authorized Insurance Representative
vxG--2017-11-03 Page 26
41
EXHIBIT "D" TO SUBDIVISION AGREEMENT
Peltier Estates Addition
CHECKLIST
Before the City signs the final plat,the following must be delivered to the City Administrator:
I. Fully executed Development/Subdivision Agreement
2. Cash payments
a. All out-of-pocket expenses paid in full,at least through the date of execution of the
development agreement[section 21]
b. $72,000 in lieu of parkland dedication[section 19.a]
C. $47,498 storm water fees[section 19.c]
d. $960 for City base map upgrading[section 19.d]
e. $9,000 Streetlights 3@ estimate of$3,000 each.[sec 19.g]
f. $9,600 First Seal coating [section 19h]
3. Cash escrow/letter of credit
a. $I0,000 cash escrow[section 161
b. $1,111,007.00 Letter of Credit [section 17]
4. Certificate of insurance [section 23.H]
VKG--2017-11-03 Page 27
42
S`
enterville
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION#17-0
A RESOLUTION ADOPTING DELINQUENT MUNICIPAL UTILITIES, GARBAGE AND
NUISANCE/CITY ABATEMENT SERVICES (4T"-6THBILLING CYCLES OF 2016& 1ST-3R'
BILLING CYCLES OF 2017 (UTILITIES & GARBAGE)&NUISANCE/CITY ABATEMENT
THROUGH OCTOBER,2017. SUCH AMOUNTS WILL BE ASSESSED TO PARCEL
IDENTIFICATION NUMBERS THROUGH COUNTY PROPERTY TAX STATEMENTS
PAYABLE IN 2018
WHEREAS,pursuant to proper notice duly given as required by law, the council has met and heard and
passed upon all objections to the certification of delinquent municipal utilities and garbage service or a
combination of both; and,
Delinquent Sewer/Water
Fund#85190
14 3122 310006 $131.82 14 3122 44 0027 $874.06
14 3122 33 0009 $195.96 14 3122 44 0029 $141.52
14 3122 33 0013 $305.87 14 3122 44 0031 $1,235.27
14 3122 34 0003 $683.14 14 3122 44 0050 $869.27
14 3122 34 0030 $621.13 14 3122 44 0060 $812.15
14 3122 34 0048 $840.34 14 3122 44 0080 $762.85
14 3122 34 0054 $596.10 15 3122 43 0004 $1,358.24
14 3122 34 0057 $778.54 Pe 0 r 131 7
14 3122 410020 $180.17 15 3122 44 0001 $621.91
14 3122 410026 $752.02 23 3122 110011 $405.34
14 3122 43 0010 $602.29 23 3122 110013 $1,076.59
14 3122 43 0014 $676.40 23 3122 110072 $579.29
14 3122 43 0050 $3,749.21 23 3122 110086 $525.02
14 3122 43 0062 $392.20 23 3122 110092 $594.60
14 11 22 Q nn�n C`4 p� li�3lf7
14 3122 43 0086 $1,198.43 23 312212 0008 $522.64
14 3122 43 0101 $645.75 23 3122 12 0015 $738.16
14 3122 44 0007 $936.18 23 312212 0017 $851.55
14 3122 44 0009 $504.98 23 312212 0024 $694.48
14 Al 2; 44 $W1.6i 23 3122 12 0061 $552.91
43
23 3122 12 0075 $1,112.45 23 3122 310016 $134.02
23 3122 12 0087 $380.01 23 3122 310021 $774.39
23 3122 12 0089 $731.13 23 3122 33 0026 $778.94
23 3122 12 0093 $265.71 23 3122 34 0050 $546.41
23 3122 13 0037 $652.62 23 3122 410011 $289.88
23 3122 13 0047 $193.54 23 3122 410049 $394.91
23 3122 13 0049 $670.58 23 3122 42 0015 $821.30
23 3122 210040 $774.65 23 3122 42 0022 $343.56
23 3122 22 0015 $621.91 24 3122 22 0179 $145.37
23 3122 23 0015 $621.91 24 3122 22 0183 $478.18
23 3122 24 0021 $614.47 24 3122 22 0204 $116.29
23 3122 24 0036 $621.91 24 3122 22 0205 $1,281.82
23 3122 24 0044 $615.83 24 3122 33 0011 $853.87
23 3122 310011 $614.42 $43,729.28
Delinquent Garbage
Fund##85191
14 3122 44 0060 $230.47 23 3122 24 0021 $293.45
14 3122 44 0009 $293.45 23 3122110003 $270.42
14 3122 44 0027 $293.45 23 312212 0090 $280.47
14 3122 43 0062 $163.84 23 312212 0089 $230.47
14 3122 44 0080 $252.31 14 3122 43 0014 $230.47
23 3122 14 0020 $108.39 14 3122 34 0008 $280.47
23 3122 110092 $203.37 14 3122 43 0010 $171.48
14 3122 44 0083 $233.51 14 3122 34 0003 $293.45
14 3122 44 0007 $221.48 23 3122 42 0015 $293.45
23 3122 110072 $120.47 14 3122 42 0028 $211.65
23 3122 110095 $293.45 15 3122 44 0038 $343.45
23 3122 310017 $200.00 14 3122 33 0013 $74.36
23 3122 310026 $221.48 14 3122 33 0009 $147.39
23 3122 310011 $267.65 14 3122 310009 $197.39
26 3122 210001 $280.47 23 312212 0058 $343.45
23 3122 34 0003 $218.10 23 312212 0041 $270.89
23 3122 22 0015 $261.48 14 3122 43 0050 $293.45
14 3122 34 0057 $230.47 23 312213 0059 $343.45
14 3122 34 0046 $58.39 23 3122 24 0044 $259.06
14 3122 34 0054 $293.45 23 3122 210028 $143.45
14 3122 34 0048 $293.45 14 3122 43 0086 $293.45
23 3122 14 0035 $197.39 23 3122 110011 $230.47
14 3122 410026 $230.47 23 3122 110013 $341.77
23 3122 34 0004 $343.45 23 3122 12 0024 $230.47
23 3122 42 0023 $330.85 23 3122 12 0015 $331.39
23 3122 410049 $97.37 23 3122 23 0015 $293.45
23 3122 13 0051 $280.47 23 3122 410011 $58.39
23 3122 13 0049 $173.11 14 3122 44 0029 $148.34
23 3122 12 0075 $147.39 14 3122 44 0031 $255.41
23 3122 23 0035 $237.45 14 3122 44 0050 $293.45
23 3122 12 0061 $230.47 $14,958.46
23 3122 23 0013 $221.73
44
Nuisance/City Abatement
Fund#85192
15 3122 44 0001 $10,496.70
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CENTERVILLE,MINNESOTA:
1. Such assessment is made a part hereof, is hereby accepted and shall constitute an
assessment against the lands named therein and the corresponding amounts will be levied
against it.
2. Such assessment shall be payable over a period of one(1) year, the first of the installments to be
payable on or before the first Monday in January 2018, and bear a late payment fee of 6%
interest and a certification fee of$50.
3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor
to be extended on the property tax lists of the County. Such assessments shall be collected and
paid over in the same manner as other municipal taxes.
PASSED AND ADOPTED by the City Council this 8th day of November, 2017.
Attest
City Clerk Mayor
45
Proposed Construction Sequence
1.Excavate toe trench A
a�
2.Use spoil from toe trench to backfill slumpingFAK
49 Key-in ripap at north areas in North Zone and along base of eroding
th lariat of A
Ixged into existing stubby area slope in South Zone-see cross-sections for d
Centerville additional information
Lake 3.Install non-woven geotextlle fabric 1319 MCKAY DR.NE,SUITE 300
North dprap areaHAM LAKE,MN 55304
h 4.Install riprap
r 5.Follow planting plan 763434-2030
_.AnakaSWCD.org
8 Do NOT regrade existing bank,slope,or
vegetation. Leave existing Stumps In place. PROJECT.TRAIL SIDE PARK
C LAKESHORE STAB IUZATION
Center of sanitary aewerman hole cover adjecent LOCATION:
TRAILSIDE PARK
to south zone(668.65'MSL)assumed at 100.0(Y CENTERVILLE,MN
for ease of Installation. OHW level(865.09)•
I relative to manhole,is 96.35'.
1 � WATERSHED DISTRICT:
fAcwn
m use fill from north riprap toe
trench to backfill slumping
areas as feasible -
N Vj_ DESIG N ER:A D I EH L&M HAUSTEIN
DATE:10/26/2017
T$t REVISION:
a REVISIONr
O 3 ' REVISION:
m & N W)
5 Q N
Z CHECKED BY:
MOTES:
1.Contact Gopher One at least 48 hours
prior to d lgging at 651-454-0002 to have
utilRles marked.
i 2.Follow design details.If there are
issues or questions,contact the Anoka
' y Conservation District(763-434-2030)piror
4 I Looking North to making any changes. N
S
6 SCALE: VARIABLE
Z
EXISTING
w; CONDITIONS/
PROPOSED
a RIP RAP
SHEET 1/2
I Sotnh Shoreline Zone-Looking South
South r I � MaNnle r=order
FIP Mp area 100.00'(868.65'MSL Cut melodist from dprap
toe bench
sworn � Type IV non-woven geotedlle
W 99.0' ,s R'prap(9'-18"dl,:
:
0 1 e min..12'11k*)
J
N 96.0' - OHW level{965.0')96.35'
?) 97.0' Wprap toe trench
a 96,0
sdid H"W111[N' 111VIIll 111111H Eli
aA"rT Native Soil
Key-in npap at south extent of NORTH ZONE-TYPICAL RIPRAP CROSS SECTION
prged
1.Use excavated be trertnJi send Io fill slumping elopes behind riprep
' 2.MJNmun romp dept of 121
11 3.CHW leve!;SBS.n_')2 96.35'
4.Lake bed is approximately 96.0'
ICul material nom fipmp toe trench
/ Type IV non•svovan geoea#gs
99.0' Rtprap(9'-16'diam.:
( 3 min.12"thItk)
99.0 OHW level(985.0')96.35'
•a swrw • 1 Rlprep toe trench
® e 1 97.0 yy
r ld
96.01 `TR
ILI
95.0'
[�• `— — •--•— ���,,��� Native Sail
0' 1' 2' 3' 4' S 6'
SOUTH ZONE-TYPICAL RIPRAP CROSS SECTION
1,Use excavated toe trench sand to M under%tt
shoreline Irregularities behind Ill
2.Minimun riprap depth of 12"
3.OHW level(885.0')is 96.35'
4.TOP of bank is appro)dmately 99.5'
5.Lake bad is apprindmately 96.0'
46
r IIi111KA
u
■�YAIa
Centerville UBW
Lake 1
1318 MCxAY DR.ISE,SUITE 300
74 Dwarf BUSK HDneyaucld6 HAM LAKE,MN SS304
763434-2030
1 10 www.AnokaSWCD.org
f
PROJECT:TRAIL SIDE PARK
IAKESHORE STABILIZATION
Within rows,space shrubs 5 on center. LOCATION:
Spacing between rows—3'.Stagger TRAIL SIDE PARK
rows to avoid shrubs In pefecl lines CENrERVILLE,MN
perpendicular to the shoreline.Begin p
plangng as dose to slurnping areas as r
feaslble. WATERSHED DISTRICT: r,�"
wcwa
y ^ DESIGNER:A DIEHL&M HAOSTEIN
t DATE:10/26/2617
REVISION:
1 REVISION:
REVISION:
W ilow Staking Aree
c m 1,060$F to CHECKED 9Y:
rg 3'spacing on center NOTES:
5}t 125 stakes iofel 1.Contact Gopher oneet least 48 hours
Z "l prior to digging at 651-054-0002 to have
tri 1 util Ries marked,
5 1 2.Modify plant quantities to take
1advantage of volume dlscounu.
'n 3.if there are issues or questions,
N ontact the Anoka Conservation Dior.±
1763-434-2030)before making changes.
1
O
4 SCALE: VARIABLE
1
I PLANTING PLAN
1
N
f9ee'Planting Notes'
1 SHEET 2/2
PLANTING NOTES
� a •
re s 1 All Planting Beds
n Mcrw existing vegetation as short as feasible
-Do NOT let new plants dry out while staged for
planting
-Interplant throughout existing vegetation
-Plant in spring and water plants immediately
1 South Planting Beds
n �u -Plant spacing approximately 18"on center
h"" 1 South Planting Bed A-240 Plants
-Canada Anemone-70
s I -Fox Sedge-50
rf -Group Anemone and Sedge on downslope side
o of planting bed
+u o
I 1 to -Black Eyed Susan-50
-Purple Coneflower-70
9 -Group Black Eyed Susan and Caneflower on
t oa 68n rM L) 1 upslope side of planting bed
a
a ig mp 1 South Planting Bed 8-300 Planta
-Canada Anemone-90
A, -FoxSedge-BO
+ten i. -Group Anemone and Sedge on downslope side
m of planting bed
m a See'Planting Notes'
5 c -Black Eyed Susan-60
n oo -Purple Coneflower-90
-Group Blade Eyed Susan and Coneflower on
upslope slide of planting bed
' wu p o� North Planting Bed"74 Plants
0 1 See note on planting plan
0
1 Sandbar Willow Staking Area-125 Plants
See note on planting plan
47
QUOTE FORM
Centerville Trail Side Park Shoreline Stabilization
Trail Side Park
Centerville, MN 55038
Instructions: In the quote table on the following page, enter unit prices which represent the
cost of all materials, labor, tools, fuel, transportation and all else needed to complete the work
for each line item (i.e. the installed price). Enter an extended amount by multiplying the
estimated quantity and the unit price. Sum the extended amount for all items to calculate the
total quote.
Total Quote$:
Total Quote in Words:
I/we propose to complete construction by: (date)
I/we will not withdraw this quote for a period of 60 days.
Company Name:
Phone Number:
Name Printed:
Signature:
Date:
Page 1 of 2
49
QUOTE FORM
Centerville Trail Side Park Shoreline Stabilization
Trail Side Park
Centerville, MN 55038
Item Unit Estimated Unit Extended
Quantity Price Amount
Mobilization LS 1
Traffic control-bituminous walking trail and
street if applicable LS 1
Class III riprap (9"-18° diameter, as
s ecified.in MNDOT 3601) CY 115
12.5 It wide Type IV Nora-Woven Geotextile
Fabric (Pro ex Geotex 801, or equivalent) LF 405
$iie restoration LS 1
Live,dormant willow stakes EACH 725
4" pots(Diervilla lonicera) EACH 74
1 n plugs (Anemone Canadensis,
Carex vulipinoidea, Echinacea puipurea, EACH 540
Rudbeckia hirta)
Page 2 of 2
49